C.R.S. § 26-2-210 — CO Code / Title 26 / Article 2 / Part 2 / Section 26-2-210
26-2-210. State supplemental security income stabilization fund - creation
Status: in_force

26-2-210. State supplemental security income stabilization fund - creation. (1) There is hereby created in the state treasury the state supplemental security income stabilization fund, referred to in this section as the "stabilization fund", for the purpose of stabilizing the source of funding required to meet the federal requirements for maintenance of effort for the state-funded supplement to persons receiving SSI benefits. The stabilization fund shall consist of any excess moneys recovered due to overpayment of recipients, including regular, fraud, and interim assistance reimbursement recoveries, and any appropriations made to the stabilization fund by the general assembly. The moneys in the stabilization fund are hereby continuously appropriated to the state department to be expended on programs that count toward the maintenance of effort for the state supplemental security income as specified in the state plan when the state department determines that the state is at risk of not meeting the federal maintenance of effort for that calendar year. All interest and income derived from the investment and deposit of moneys in the stabilization fund shall be credited to the stabilization fund. At the end of any fiscal year, an amount not exceeding twenty percent of the total appropriation for the applicable fiscal year in the annual general appropriations bill for the program for aid to the needy disabled shall remain in the stabilization fund as a continuous appropriation to be used to meet the state's maintenance of effort requirements under this part 2, and any unexpended and unencumbered moneys remaining in the stabilization fund at the end of any fiscal year in excess of an amount equal to twenty percent of the total appropriation for the applicable fiscal year in the annual general appropriations bill for the program for aid to the needy disabled shall revert to the general fund.

(2) The state department shall submit a report to the joint budget committee by February 15 of each year. The report shall indicate whether expenditures were made from the stabilization fund, the aggregate monthly amount of any expenditures, and the particular programs for which the expenditures were made.

(3) Notwithstanding subsection (1) of this section, on June 30, 2020, the state treasurer shall transfer one million eight hundred eighty-seven thousand one hundred sixteen dollars from the stabilization fund to the general fund.
C.R.S. § 26-5-105.5 — CO Code / Title 26 / Article 5 / Section 26-5-105.5
26-5-105.5. State department integrated care management program - county performance agreeme
Status: repealed

26-5-105.5. State department integrated care management program - county performance agreements - authorized - performance incentive cash fund created - repeal. (1) (a) There is hereby created the state department integrated care management program. In administering the state department integrated care management program, the state department shall develop, by rule, principles of integrated care management and a process to allow counties or groups of counties specified in section 26-5-104 (4)(b)(I) to participate in the program. Individual counties or groups of counties specified in section 26-5-104 (4)(b)(I) may participate in the integrated care management program for the delivery of child welfare services.

(b) and (c) (Deleted by amendment, L. 2002, p. 526, § 1, effective May 24, 2002.)

(2) The state department is hereby authorized to enter into performance agreements with individual counties or groups of counties specified in section 26-5-104 (4)(b)(I). A county that enters into a performance agreement with the state department shall be exempt from the rules of the state department and state board governing the delivery of child welfare services, as such exemptions are identified in the performance agreement.

(3) and (3.2) Repealed.

(3.5) Evaluation. (a) The state department is authorized to contract for an external evaluation of the performance agreements authorized pursuant to subsection (1) of this section. Any such external evaluation shall include any evaluation that may be required in connection with any waiver authorized pursuant to section 26-5-105.3. Criteria for and components of the evaluation shall be developed by the state department with input from the counties authorized pursuant to this section.

(b) (Deleted by amendment, L. 2001, p. 1172, § 9, effective August 8, 2001.)

(c) This subsection (3.5) is repealed on the date the executive director of the state department notifies the revisor of statutes that the state is no longer participating in the waiver authorized pursuant to Title IV-E of the federal "Social Security Act", as amended.

(3.7) The state board shall promulgate rules necessary to implement the integrated care management program established pursuant to this section.

(4) (Deleted by amendment, L. 2002, p. 526, § 1, effective May 24, 2002.)
C.R.S. § 26-3.1-105 — CO Code / Title 26 / Article 3.1 / Part 1 / Section 26-3.1-105
26-3.1-105. Prior consent form
Status: repealed

26-3.1-105. Prior consent form. (Repealed)
C.R.S. § 26-3.1-101 — CO Code / Title 26 / Article 3.1 / Part 1 / Section 26-3.1-101
26-3.1-101. Definitions
Status: repealed

26-3.1-101. Definitions. As used in this article 3.1, unless the context otherwise requires:

(1) "Abuse" means any of the following acts or omissions committed against an at-risk adult:

(a) The nonaccidental infliction of physical pain or injury, as demonstrated by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation;

(b) Confinement or restraint that is unreasonable under generally accepted caretaking standards; or

(c) Unlawful sexual behavior as defined in section 16-22-102 (9).

(1.5) "At-risk adult" means an individual eighteen years of age or older who is susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs.

(1.7) "CAPS" means the Colorado adult protective services data system that includes records of reports of mistreatment of at-risk adults.

(1.8) "CAPS check" means a check of the Colorado adult protective services data system pursuant to section 26-3.1-111.

(2) "Caretaker" means a person who:

(a) Is responsible for the care of an at-risk adult as a result of a legal relationship; or

(b) Has assumed responsibility for the care of an at-risk adult; or

(c) Is paid to provide care, services, or oversight of services to an at-risk adult.

(2.3) (a) "Caretaker neglect" means neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or other treatment necessary for the health or safety of the at-risk adult is not secured for an at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk adult.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2.3), the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, artificial nutrition and hydration, any medication or medical procedure or device, in accordance with any valid medical directive or order, or as described in a palliative plan of care, is not deemed caretaker neglect.

(c) As used in this subsection (2.3), "medical directive or order" includes a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.

(2.5) "Clergy member" means a priest; rabbi; duly ordained, commissioned, or licensed minister of a church; member of a religious order; or recognized leader of any religious body.

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

(3.5) "Direct care" means services and supports, including case management services, protective services, physical care, mental health services, or any other service necessary for the at-risk adult's health, safety, or welfare.

(4) "Exploitation" means an act or omission that:

(a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk adult of the use, benefit, or possession of any thing of value; or

(b) Employs the services of a third party for the profit or advantage of the person or another person to the detriment of the at-risk adult; or

(c) Forces, compels, coerces, or entices an at-risk adult to perform services for the profit or advantage of the person or another person against the will of the at-risk adult; or

(d) Misuses the property of an at-risk adult in a manner that adversely affects the at-risk adult's ability to receive health care or health-care benefits or to pay bills for basic needs or obligations.

(5) "Financial institution" means a state or federal bank, savings bank, savings and loan association or company, building and loan association, trust company, or credit union.

(5.5) "Harmful act" means an act committed against an at-risk adult by a person with a relationship to the at-risk adult when such act is not defined as abuse, caretaker neglect, or exploitation but causes harm to the health, safety, or welfare of an at-risk adult.

(6) "Least restrictive intervention" means acquiring or providing services, including protective services, for the shortest duration and to the minimum extent necessary to remedy or prevent situations of actual mistreatment or self-neglect.

(7) "Mistreatment" means:

(a) Abuse;

(b) Caretaker neglect;

(c) Exploitation; or

(d) A harmful act.

(e) Repealed.

(8) Repealed.

(9) "Protective services" means services provided by the state or political subdivisions or agencies thereof in order to prevent the mistreatment or self-neglect of an at-risk adult. Such services include, but are not limited to: Providing casework services and arranging for, coordinating, delivering, where appropriate, and monitoring services, including medical care for physical or mental health needs; protection from mistreatment and self-neglect; assistance with application for public benefits; referral to community service providers; and initiation of probate proceedings.

(10) "Self-neglect" means an act or failure to act whereby an at-risk adult substantially endangers his or her health, safety, welfare, or life by not seeking or obtaining services necessary to meet his or her essential human needs. Choice of lifestyle or living arrangements shall not, by itself, be evidence of self-neglect. Refusal of medical treatment, medications, devices, or procedures by an adult or on behalf of an adult by a duly authorized surrogate medical decision maker or in accordance with a valid medical directive or order, or as described in a palliative plan of care, shall not be deemed self-neglect. Refusal of food and water in the context of a life-limiting illness shall not, by itself, be evidence of self-neglect. As used in this subsection (10), "medical directive or order" includes, but is not limited to, a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical orders for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.

(11) "Undue influence" means the use of influence to take advantage of an at-risk adult's vulnerable state of mind, neediness, pain, or emotional distress.
C.R.S. § 26-13.5-112 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-112
26-13.5-112. Modification of an order
Status: in_force

26-13.5-112. Modification of an order. (1) At any time after the entry of an order of financial responsibility or an order of default pursuant to this article 13.5, in order to add, alter, or delete any provisions to such an order, the delegate child support enforcement unit may issue a notice of financial responsibility modification to the obligor and obligee advising the obligor and obligee of the possible modification of the existing administrative order issued pursuant to this article 13.5. The delegate child support enforcement unit shall serve the obligor and the obligee with a notice of financial responsibility modification by first-class mail or by electronic means if mutually agreed upon. The obligor or the obligee may file a written request for modification of an administrative order issued pursuant to this article 13.5 with the delegate child support enforcement unit. If the delegate child support enforcement unit denies the request for modification based upon the failure to demonstrate a showing of changed circumstances required pursuant to section 14-10-122, the delegate child support enforcement unit shall advise the requesting party of the party's right to seek a modification pursuant to section 14-10-122.

(1.2) At any time after entry of an administrative order issued pursuant to this article, an obligor or obligee may file a written request for review of the order with the delegate child support enforcement unit. The written request for review shall include financial information of the requesting party necessary to conduct a calculation pursuant to the Colorado child support guidelines described in section 14-10-115, C.R.S. The requesting party shall provide his or her financial information on the form required by the division of child support enforcement. The delegate child support enforcement unit shall review each request received and grant or deny the request using the standards described in section 26-13-121 (2)(a) or (2)(b).

(1.3) If there is an active assignment of rights, the delegate child support enforcement unit shall, once every thirty-six months, review the administrative order to determine if an adjustment of the administrative order is appropriate.

(1.4) If the request for review is granted or in case of an automatic review where there is an active assignment of rights, a notice of review shall be issued to the requesting and nonrequesting parties. In the case of a review in which there is an active assignment of rights, the obligor and obligee shall be considered nonrequesters. The notice of review shall advise the obligor and obligee that a review is to be conducted and provide the nonrequesters twenty days within which to provide the financial information necessary to calculate the child support obligation pursuant to the Colorado child support guidelines described in section 14-10-115, C.R.S.

(1.5) (a) The review of the administrative order must be conducted on or before the thirtieth day after notice of review is sent to the parties. During the review, the determination of the monthly support obligation must be based on the child support guidelines set forth in section 14-10-115. The delegate child support enforcement unit may grant a continuance of the review for good cause. The continuance must be for a reasonable period of time to be determined by the delegate child support enforcement unit, not to exceed thirty days.

(b) In order to obtain information necessary to conduct the review, the delegate child support enforcement unit is authorized, pursuant to sections 26-13.5-103 (1) and 26-13-121 (3)(d), to serve, by first-class mail, hand delivery, or by electronic means if mutually agreed upon, an administrative subpoena to any person, corporation, partnership, public employee retirement benefit plan, financial institution, labor union, or other entity to appear or for the production of records and financial documents.

(c) An adjustment to the administrative order is appropriate only if the standard set forth in section 14-10-122 (1)(b) is met.

(1.7) (a) After the review is completed, the delegate child support enforcement unit shall provide a post-review notice and child support guideline worksheet advising the obligor and obligee of the review results. If a review indicates that an adjustment should be made, a notice of financial responsibility and a proposed order of financial responsibility shall be included. The delegate child support enforcement unit shall provide all supporting financial documentation used to calculate the monthly support obligation to both parties. The notice of financial responsibility shall advise the parties of the right to challenge the post-review notice of the review results, the time frame for challenging the review results, and the method for asserting the challenge.

(b) The obligor and obligee must be given fifteen days after the date of the post-review notice to challenge the review results. The grounds for the challenge are limited to the issue of mathematical or factual error in the calculation of the monthly support obligation. The delegate child support enforcement unit may grant an extension of up to fifteen days to challenge the review results based upon a showing of good cause. Any challenge may be presented at the negotiation conference scheduled pursuant to section 26-13.5-105 via first-class mail or via an electronic communication method.

(c) The delegate child support enforcement unit shall have fifteen days from the date of receipt of the challenge to respond to a challenge based upon a mathematical or factual error. If a challenge results in a change to the monthly support obligation, the delegate child support enforcement unit shall provide an amended notice of review to the obligor and obligee. The parties shall be given fifteen days from the date of the amended notice of review to challenge the results of any subsequent review. The grounds for the challenge shall be limited to the issue of mathematical or factual error in the calculation of the monthly support obligation.

(1.9) If the review indicates that a change to the monthly support obligation is appropriate and the review is not challenged or all challenges have been addressed, the delegate child support enforcement unit shall file the notice of financial responsibility, the order of financial responsibility accompanied by the guideline worksheet, and the supporting financial documentation with the court.

(2) A request for modification made pursuant to this section shall not stay the delegate child support enforcement unit from enforcing and collecting upon the existing order pending the modification proceeding.

(3) Only payments accruing subsequent to the request for modification may be modified. Modification shall be based upon the standard set forth in section 14-10-122, C.R.S.
C.R.S. § 26-5.7-105 — CO Code / Title 26 / Article 5.7 / Section 26-5.7-105
26-5.7-105. Child care facilities - homeless youth shelters - authority - duties - rules
Status: repealed

26-5.7-105. Child care facilities - homeless youth shelters - authority - duties - rules. (1) Licensed child care facilities or licensed homeless youth shelters may provide shelter and crisis intervention, family reconciliation, and alternative residential services to homeless youth. Homeless youth who are fifteen years of age or older may consent, in writing, to receive shelter and services without parental consent when in accordance with rules promulgated by the state department pursuant to subsection (8) of this section.

(2) A youth admitted to a licensed child care facility or licensed homeless youth shelter pursuant to this article 5.7 and who is not returned to the home of the youth's parent or legal guardian or is not placed in a voluntary alternative residential placement pursuant to section 26-5.7-107 may reside at a facility or shelter described in subsection (1) of this section for a period not to exceed twenty-one days from the time of intake except as otherwise provided in this article 5.7. A licensed child care facility or licensed homeless youth shelter shall make a concerted effort to achieve a reconciliation of the family. If a reconciliation and voluntary return of the youth have not been achieved within seventy-two hours from the time of intake and the director of the facility or shelter, or other person in charge, does not consider it likely that reconciliation will be achieved within the twenty-one-day period, then the director of the facility or shelter, or other person in charge, shall provide the youth and the youth's parent or legal guardian with a statement identifying:

(a) The availability of counseling services;

(b) The availability of longer term residential arrangements; and

(c) The possibility of referral to the county department.

(3) The state department shall develop a written statement of the rights and counseling services set forth in subsection (2) of this section and distribute the statement to each law enforcement agency, licensed child care facility or licensed homeless youth shelter. Each law enforcement officer taking a youth into custody pursuant to this article 5.7 shall provide the youth and the youth's parent or legal guardian with a copy of the statement. Each licensed child care facility or licensed homeless youth shelter shall provide each resident youth and the youth's parent or legal guardian with a copy of the statement.

(4) When a youth under fifteen years of age is admitted to a licensed child care facility or licensed homeless youth shelter, the director of the facility, shelter, or other person in charge shall notify the county department within seventy-two hours of the youth's admission.

(5) If the director of the facility, shelter, or other person in charge determines that a referral for additional services needs to be made, the director or other person in charge shall make the referral to the appropriate county department, notify the county department of the facility's relationship to the youth pursuant to section 19-1-307 (2)(e.5)(I), and notify the county department of the date when the twenty-one-day shelter time period will expire.

(6) Repealed.

(7) If a youth who is at least eleven years of age but less than fifteen years of age has been served up to twenty-one days and returns to the licensed child care facility or licensed homeless youth shelter after leaving the facility or shelter, the director of the licensed child care facility or licensed homeless youth shelter or other person in charge shall make a referral for services to the county department.

(8) The state department shall promulgate rules for the implementation of this section.
C.R.S. § 26-11.5-103 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-103
26-11.5-103. Definitions
Status: repealed

26-11.5-103. Definitions. As used in this article 11.5, unless the context otherwise requires:

(1) Repealed.

(2) "Local ombudsman" means an individual trained and designated as qualified by the state long-term care ombudsman to act as a representative of the office of the state long-term care ombudsman.

(2.5) "Local PACE ombudsman" means the person or persons trained and designated as qualified by the state PACE ombudsman to serve in areas of the state where PACE programs are operated and to act as a representative of the office of the state PACE ombudsman.

(3) "Long-term care facility" or "facility" means:

(a) A nursing care facility as defined in section 25.5-4-103 (14), C.R.S.;

(b) An assisted living residence as defined in section 25-27-102 (1.3), C.R.S.;

(c) Any swing bed in an extended care facility; and

(d) A mental health facility participating in the pilot program established pursuant to section 25-3-123.

(4) "Office" means the state long-term care ombudsman office.

(5) "Older Americans act" means the federal "Older Americans Act of 1965", as amended, 42 U.S.C. sec. 3001.

(5.3) "PACE" means a nonprofit or for-profit program of all-inclusive care for the elderly operated pursuant to section 25.5-5-412, C.R.S.

(5.5) "PACE participant" means any individual who is a current or prospective or former participant in any PACE program in the state.

(6) "Resident" means any individual who is a current or prospective or former patient or client of any long-term care facility.

(7) "State long-term care ombudsman" means the person designated to implement the state long-term care ombudsman program and to perform the duties and functions required under this article.

(8) "State PACE ombudsman" means the person designated to implement the duties and functions required pursuant to section 26-11.5-113.
C.R.S. § 26-11-103 — CO Code / Title 26 / Article 11 / Part 1 / Section 26-11-103
26-11-103. Reimbursement for expenses
Status: in_force

26-11-103. Reimbursement for expenses. Members of the commission shall be reimbursed for expenses incurred in the performance of their official duties.
C.R.S. § 26-21-106 — CO Code / Title 26 / Article 21 / Section 26-21-106
26-21-106. Powers, functions, and duties of commission - auxiliary services program- commun
Status: repealed

26-21-106. Powers, functions, and duties of commission - auxiliary services program- community access program - report - rules - definitions. (1) The powers, functions, and duties of the commission include:

(a) Serving as a liaison between deaf, hard of hearing, and deafblind and the general assembly, governor, and Colorado departments and agencies;

(b) Serving as an informational resource to state and local governments, deaf, hard of hearing, deafblind, private agencies, and other entities;

(c) Serving as a referral agency for deaf, hard of hearing, and deafblind to state agencies and institutions, local government agencies, private agencies, and other entities;

(d) Assessing how communications technology has affected the needs of deaf, hard of hearing, and deafblind. The commission shall assess the type and amount of equipment needed by deaf, hard-of-hearing, and deafblind persons who qualify under the federal poverty guidelines established in accordance with the "Omnibus Budget Reconciliation Act of 1981", 42 U.S.C. 9902 (2).

(e) Assessing the needs of deaf, hard of hearing, and deafblind and reporting annually to the governor and the general assembly any recommendations for legislation or administrative changes that may facilitate or streamline the provision of general government services to deaf, hard of hearing, and deafblind. Notwithstanding section 24-1-136 (11)(a)(I), on or before September 1 of each year, the commission must file the report required by this subsection (1)(e). In preparing the annual report and recommendations, the commission shall consider the following:

(I) Whether any existing statutory or administrative provisions impede the ability of the commission to act as a statewide coordinating agency advocating for deaf, hard-of-hearing, and deafblind individuals in Colorado;

(II) Any methods, programs, or policies that may improve communication accessibility and quality of existing services, promote or deliver necessary new services, and assist state agencies in the delivery of services to deaf, hard of hearing, and deafblind;

(III) Any methods, programs, or policies that may make providing access to government services more efficient; and

(IV) Any methods, programs, or policies that may improve implementation of state policies affecting deaf, hard of hearing, and deafblind and their relationship with the general public, industry, health care, and educational institutions.

(f) Approving an entity's certification of sign language interpreters in accordance with section 6-1-707 (1)(e)(I)(B).

(2) The commission shall consider the findings of any study authorized under this section and may approve, disapprove, or amend the findings. After consideration of the findings, the commission shall submit a report with recommendations including proposed legislation, if necessary, to the governor and to the general assembly. The commission shall submit the report annually notwithstanding section 24-1-136 (11)(a)(I), and may combine the report with, or include the report as a part of, the annual report prepared under subsection (1)(e) of this section.

(3) The commission shall establish and coordinate a communications technology program that is consistent with the findings of subsection (1) of this section to obtain and distribute interactive telecommunications and other communications technology equipment needed by deaf, hard-of-hearing, and deafblind persons.

(4) The commission, in collaboration with the judicial department, shall arrange for auxiliary services for the state court system. Arranging auxiliary services for the state court system includes:

(a) Coordinating statewide and day-to-day scheduling of auxiliary services;

(b) Creating and managing a process by which requests for auxiliary services may be filled;

(c) Identifying, coordinating, and placing the appropriate auxiliary services with all concerned parties;

(d) Coordinating the purchase, shipment, and receipt of assistive listening devices and systems pursuant to applicable state rules;

(e) Creating and managing efficient and consistent processes through which auxiliary services providers may submit required documentation and receive payment for services;

(f) Communicating with auxiliary services users, providers, and state court system agencies to resolve issues between those parties; and

(g) (I) Establishing, monitoring, and publishing a list of available qualified interpreters and CART providers for deaf, hard-of-hearing, or deafblind persons.

(II) For the purposes of this subsection (4)(g):

(A) "CART provider" means a person providing a word-for-word speech-to-text translation service for deaf, hard of hearing, or deafblind.

(B) "Qualified interpreter" means a person who has a valid certification of competency accepted by the commission and includes, but is not limited to, oral interpreters, sign language interpreters, and intermediary interpreters.

(5) Repealed.

(6) The commission shall establish and maintain outreach and consulting services to improve and ensure effective access to auxiliary services by critical state and local government agencies, private agencies, and other entities. The commission shall also use these services to increase awareness of the programs funded by the Colorado telephone users with disabilities fund established pursuant to section 40-17-104.

(7) The commission's outreach and consulting services include the following duties:

(a) Provide resources to individuals who have encountered barriers to obtaining necessary services;

(b) Assist individuals in understanding and accessing services that may be available to them;

(c) Consult with state and local government agencies and private entities so that they are equipped to provide direct services or services with accommodations to deaf, hard-of-hearing, and deafblind individuals;

(d) Increase public awareness of the needs and issues facing deaf, hard-of-hearing, and deafblind individuals; and

(e) Develop and maintain a comprehensive resource directory of services and other programs that may be of use to deaf, hard-of-hearing, and deafblind individuals and to agencies that serve them.

(8) The commission shall maintain a community access program for one-on-one system navigating services to ensure resources are available to individuals and to protect each person's right to effective communication and access to environmental information. The community access program must include the following:

(a) Support service providers for deafblind individuals;

(b) Orientation and mobility specialists for deafblind individuals; and

(c) Peer system navigation for deaf, hard-of-hearing, and deafblind individuals who encounter barriers accessing programs, activities, or services.

(8.5) (a) On or before October 1, 2023, the commission shall establish a family and community intervener program. The family and community intervener program shall work with children who are deafblind to facilitate critical connections between the child and the child's family, community, and environment. The family and community intervener program must include, but need not be limited to, access to a family and community intervener with specific training in deafblindness, strategies to build language and communication skills, and intervention strategies. The intervener shall:

(I) Work one-on-one with a child who is deafblind in order to facilitate critical connections between the child and the child's community, family, and environment;

(II) Open channels of communication between the child and others;

(III) Facilitate the development or use of receptive and expressive communication skills by the child;

(IV) Develop and maintain a trusting, interactive relationship with the child that promotes social and emotional well-being; and

(V) Provide the child with opportunities for learning and development in the community and at home.

(b) The commission shall hire an intervener program manager to direct services for children who are deafblind and ensure that an intervener:

(I) Works with no more than one child at a time;

(II) Instructs and supports the child in skills related to community involvement;

(III) Transports the child to gain access to community services and resources;

(IV) Provides communication and information to the child concerning the child's environment that otherwise would be available through vision and hearing;

(V) Uses interpersonal communication, including sign language, speech, tangible communication symbols, gestures, calendars, and augmentative communication devices;

(VI) Makes sights, sounds, and activities accessible to the child by learning the child's specific communication system; and

(VII) Forms a working alliance with the deafblind child's family members, neighbors, community organizations, and professionals with whom the child has contact.

(c) The intervener program manager shall document the following outcomes for intervener services in the child's record:

(I) Whether the child is effectively communicating wants and needs to the child's intervener; and

(II) Whether the child is actively participating in community activities and activities of daily living to the extent of the child's ability.

(d) The intervener program manager and intervener shall collaborate with other state agencies as appropriate that provide direct or indirect services to children who are deafblind and their families to identify potential additional services or opportunities for children who are deafblind.

(9) (a) The commission shall arrange for the provision of auxiliary services in rural areas of the state by performing the following functions:

(I) Coordinating on a statewide basis the day-to-day scheduling for auxiliary services to be provided in rural areas;

(II) Creating and managing a process for the intake and fulfillment of requests for auxiliary services in rural areas, including the identification, coordination, and appointment of auxiliary services providers to meet the needs of all parties involved in the proceeding, event, or circumstance for which a request is made;

(III) Creating and managing efficient and consistent processes through which an auxiliary services provider may submit required documentation and receive payment for auxiliary services provided;

(IV) To resolve any issues that arise with regard to auxiliary services, communicating with auxiliary services users, auxiliary services providers, and appointing authorities, as defined in section 13-90-202 (1), in the rural areas in which auxiliary services are requested or are being provided pursuant to this subsection (9);

(V) Providing training opportunities for potential auxiliary services providers who are willing to accept assignments in rural areas;

(VI) Awarding scholarships for potential auxiliary services providers' education, internships, and certification testing for qualified programs;

(VII) Conducting outreach to rural users in need of auxiliary services and auxiliary services providers;

(VIII) Establishing, monitoring, and publishing on the commission's public website a list of available CART providers and qualified interpreters, as defined in subsections (4)(g)(II)(A) and (4)(g)(II)(B) of this section, respectively, who are willing to work in rural areas for persons who are deaf, hard of hearing, or deafblind;

(IX) Creating an advisory council to make recommendations to the commission about the provision of auxiliary services in rural areas; and

(X) Developing and implementing other strategies to increase capacity for auxiliary services in rural areas.

(b) The executive director shall promulgate rules in consultation with, or as proposed by, the commission and the deaf, hard of hearing, and deafblind community, regarding implementation of this subsection (9). The rules must define the term "rural area".

(c) (I) On or before November 1, 2022, and on or before November 1 of each year thereafter, the commission shall submit a report to the joint budget committee summarizing the commission's implementation of the program described in this subsection (9) over the previous twelve months.

(II) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement set forth in subsection (9)(c)(I) of this section continues indefinitely.
C.R.S. § 26-20-103 — CO Code / Title 26 / Article 20 / Section 26-20-103
26-20-103. Basis for use of restraint or seclusion
Status: in_force

26-20-103. Basis for use of restraint or seclusion. (1) Subject to the provisions of this article, an agency may only use restraint or seclusion on an individual:

(a) In cases of emergency, as defined in section 26-20-102 (3); and

(b) (I) After the failure of less restrictive alternatives; or

(II) After a determination that such alternatives would be inappropriate or ineffective under the circumstances.

(1.5) Restraint and seclusion must never be used:

(a) As a punishment or disciplinary sanction;

(b) As part of a treatment plan or behavior modification plan;

(c) For the purpose of retaliation by staff; or

(d) For the purpose of protection, unless:

(I) The restraint or seclusion is ordered by the court; or

(II) In an emergency, as provided for in subsection (1) of this section.

(2) An agency that uses restraint or seclusion pursuant to the provisions of subsection (1) of this section shall use such restraint or seclusion:

(a) Only for the purpose of preventing the continuation or renewal of an emergency;

(b) Only for the period of time necessary to accomplish its purpose; and

(c) In the case of physical restraint, only if no more force than is necessary to limit the individual's freedom of movement is used.

(3) In addition to the circumstances described in subsection (1) of this section, a facility, as defined in section 27-65-102, that is designated by the commissioner of the behavioral health administration in the state department to provide treatment pursuant to section 27-65-106, 27-65-108, 27-65-108.5, 27-65-109, or 27-65-110 to an individual with a mental health disorder, as defined in section 27-65-102, may use seclusion to restrain an individual with a mental health disorder when the seclusion is necessary to eliminate a continuous and serious disruption of the treatment environment.

(4) (a) The general assembly recognizes that skilled nursing and nursing care facilities that participate in federal medicaid programs are subject to federal statutes and regulations concerning the use of restraint in such facilities that afford protections from restraint in a manner consistent with the purposes and policies set forth in this article.

(b) If the use of restraint or seclusion in skilled nursing and nursing care facilities licensed under state law is in accordance with the federal statutes and regulations governing the medicare program set forth in 42 U.S.C. sec. 1395i-3(c) and 42 CFR part 483, subpart B and the medicaid program set forth in 42 U.S.C. sec. 1396r(c) and 42 CFR part 483, subpart B and with the rules of the department of public health and environment relating to the licensing of these facilities, there is a conclusive presumption that use of restraint or seclusion is in accordance with the provisions of this article.

(5) (a) The general assembly recognizes that article 10.5 of title 27, C.R.S., and article 10 of title 25.5, C.R.S., and the rules promulgated pursuant to the authorities set forth in those articles, address the use of restraint on an individual with a developmental disability.

(b) If any provision of this article concerning the use of restraint or seclusion conflicts with any provision concerning the use of restraint or seclusion stated in article 10.5 of title 27, C.R.S., article 10 of title 25.5, C.R.S., or any rule adopted pursuant thereto, the provision of article 10.5 of title 27, C.R.S., article 10 of title 25.5, C.R.S., or the rule adopted pursuant thereto prevails.

(6) The provisions of this article do not apply to any agency engaged in transporting an individual from one facility or location to another facility or location when it is within the scope of that agency's powers and authority to effect such transportation.
C.R.S. § 26-1-137 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-137
26-1-137. Persons committed to or placed in a department of human services facility - proh
Status: in_force

26-1-137. Persons committed to or placed in a department of human services facility - prohibition against the use of restraints on pregnant women. (1) As used in this section, "facility staff" means the staff of a state department facility or facility supervised by the executive director.

(2) Facility staff, in restraining a woman who is committed to or placed pursuant to this title or title 27, C.R.S., in a state department facility or a facility supervised by the executive director, shall use the least restrictive restraint necessary to ensure safety if the facility staff have actual knowledge or a reasonable belief that the woman is pregnant. The requirement that staff use the least restrictive restraints necessary to ensure safety shall continue during postpartum recovery and transport to or from a facility.

(3) (a) (I) Facility staff or medical staff shall not use restraints of any kind on a pregnant woman during labor and delivery of the child; except that staff may use restraints if:

(A) The medical staff determine that restraints are medically necessary for safe childbirth;

(B) The facility staff or medical staff determine that the woman presents an immediate and serious risk of harm to herself, to other patients, or to medical staff; or

(C) The facility staff determine that the woman poses a substantial risk of escape that cannot reasonably be reduced by the use of other existing means.

(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, under no circumstances shall staff use leg shackles or waist restraints on a pregnant woman during labor and delivery of the child, postpartum recovery while in a medical facility, or transport to or from a medical facility for childbirth.

(b) The facility or medical staff authorizing the use of restraints on a pregnant woman during labor or delivery of the child shall make a written record of the use of restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The state department shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the woman who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law.

(4) After childbirth and upon return to a state department facility or a facility supervised by the executive director, the woman shall be entitled to have a member of the state department's medical staff present during any strip search.

(5) When a woman's pregnancy is determined, the facility staff shall inform a pregnant woman committed to or placed in a state department facility or a facility supervised by the executive director in writing in a language and in a manner understandable to the woman of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search.

(6) The executive director shall ensure that facility staff receive adequate training concerning the provisions of this section.
C.R.S. § 26-2-301 — CO Code / Title 26 / Article 2 / Part 3 / Section 26-2-301
26-2-301. Food stamps - administration
Status: in_force

26-2-301. Food stamps - administration. (1) The state department is hereby designated as the single state agency to administer or supervise the administration of the food stamp program in this state in cooperation with the federal government pursuant to the federal "Food Stamp Act", as amended, and this part 3.

(2) The state department, with the approval of the state board, may enter into an agreement with the secretary of the United States department of agriculture to accept federal food assistance benefits for disbursement to qualified households in accordance with federal law. Under state department supervision, the responsibility for disbursement may be delegated, under agreement, to county departments, United States postal service facilities, or other commercial facilities such as but not limited to banks.

(3) The food stamp program shall be implemented and administered in every county in the state by the respective county departments or by the state department pursuant to an agreement with one or more counties. If a county can demonstrate to the satisfaction of the state department that it is impossible or impractical for the county department to administer the program, the state department shall ensure that the program is implemented and administered within such county, and the county shall continue to meet the requirements of section 26-1-122.

(4) (a) The state department shall develop a state outreach plan, referred to in this section as the "outreach plan", to promote access by eligible persons to benefits through the supplemental nutrition assistance program. The outreach plan shall meet the criteria established by the food and nutrition services agency of the United States department of agriculture for approval of state outreach plans. The state department is authorized to seek and accept gifts, grants, and donations to develop and implement the outreach plan.

(b) For purposes of developing and implementing an outreach plan, the state department shall partner with one or more counties and nonprofit organizations for the development and implementation of the outreach plan. If the state department enters into a contract with a nonprofit organization relating to the outreach plan, the contract may specify that the nonprofit organization is responsible for seeking sufficient gifts, grants, or donations necessary for the development and implementation of the outreach plan, and may additionally specify that any costs to the state associated with the award and management of the contract or the implementation or administration of the outreach plan shall be paid out of any private or federal moneys raised for the development and implementation of the outreach plan. The state department shall submit the outreach plan to the food and nutrition services agency for approval by September 1, 2010, and shall request any federal matching moneys that may be available upon approval of the outreach plan. The general assembly strongly encourages the state department to use any additional public or private moneys, including moneys from the federal 2010 department of defense appropriations bill to offset costs associated with increased caseload resulting from the implementation of an outreach plan.

(c) Notwithstanding the provisions of paragraph (a) or (b) of this subsection (4), the state department shall be exempt from implementing or administering an outreach plan, but not from developing an outreach plan, if the state department will not be receiving private or federal moneys sufficient to cover the state's costs associated with the implementation and administration of the outreach plan, including any state or county costs associated with increased caseload resulting from the implementation of the outreach plan.

(5) The provisions of article 1 of this title and, where not inconsistent with this part 3, the provisions of part 1 of this article shall apply to federal food assistance benefits under this part 3.
C.R.S. § 26-2-142 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-142
26-2-142. Colorado teen parent driver's license program - report - rules - definitions - a
Status: in_force

26-2-142. Colorado teen parent driver's license program - report - rules - definitions - appropriation. (1) As used in this section, unless the context otherwise requires:

(a) "Eligible individual" means an individual who is:

(I) Fifteen years of age or older and under twenty years of age; and

(II) A parent.

(b) "Program" means the teen parent driver's license program created in subsection (2) of this section.

(2) There is created in the state department the Colorado teen parent driver's license program to provide financial assistance for the cost of driver's education school training for eligible individuals and the cost to obtain a driver's license or permit.

(3) (a) The state department shall solicit interest and cost distribution proposals from teen parent organizations to administer the program. Upon the state department's approval, the teen parent organizations may subcontract with and pay money received pursuant to this section to the providers of the services as necessary to serve eligible individuals. The selected teen parent organizations must be operational no later than thirty days after entering into a contract with the state department.

(b) For purposes of selecting a teen parent organization before July 1, 2023, to administer the program, the selection process described in subsection (3)(a) of this section is not subject to the "Procurement Code", articles 101 to 112 of title 24. For purposes of selecting a teen parent organization on or after July 1, 2023, the state department shall commence a selection process that complies with the "Procurement Code", articles 101 to 112 of title 24.

(4) The state department may promulgate rules for the implementation of this section.

(5) For the 2022-23 state fiscal year, the state department shall submit a preliminary report, and beginning in state fiscal year 2023-24 and each fiscal year thereafter, shall report to the public through the annual hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. At a minimum, the report must include:

(a) The total number of teen parent organizations contracted with the state department pursuant to subsection (3) of this section, including any subcontractors;

(b) The total amount of money awarded to each teen parent organization;

(c) The location of each teen parent organization and the counties served;

(d) The total number of eligible individuals who received driver's licenses each year, disaggregated by each month; and

(e) The total number of eligible individuals who received training from a driver's education school, disaggregated by each month.

(6) (a) For state fiscal year 2022-23, the general assembly shall appropriate one hundred thousand dollars from the general fund to the state department for use by the state department to implement this section. For the 2023-24 state fiscal year and each state fiscal year thereafter, the general assembly may appropriate money from the general fund to the state department for use by the state department to implement this section.

(b) The state department may use up to seven and one-half percent of any money appropriated by the general assembly for administrative costs incurred by the state department pursuant to this section.
C.R.S. § 26-5.3-101 — CO Code / Title 26 / Article 5.3 / Section 26-5.3-101
26-5.3-101. Short title
Status: in_force

26-5.3-101. Short title. This article shall be known and may be cited as the "Emergency Assistance for Families with Children at Imminent Risk of Out-of-Home Placement Act".
C.R.S. § 26-13-125 — CO Code / Title 26 / Article 13 / Section 26-13-125
26-13-125. State directory of new hires - definitions
Status: in_force

26-13-125. State directory of new hires - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Employee" means a natural person who is employed by an employer in this state for compensation, which employer is required to report the compensation to the federal internal revenue service. "Employee" includes a self-employed or contracted employee for whom the employer is required to report compensation to the federal internal revenue service. "Employee" does not include an employee hired to perform intelligence or counterintelligence functions for an agency of the United States government, as those terms are defined in the federal "Intelligence Organization Act of 1992", 50 U.S.C. sec. 401a, when the head of the agency has determined that reporting the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

(b) "Employer" means a person or entity doing business in the state that engages an employee for compensation and for whom the employer is required to report the compensation to the federal internal revenue service. "Employer" also includes any governmental entity and any labor organization.

(c) "Labor organization" means any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment or of providing other mutual aid or protection in connection with employment.

(d) "Newly hired employee" means an employee who:

(I) Has not previously been employed by the employer; or

(II) Was previously employed by the employer but has been separated from his or her prior employment for at least sixty consecutive days.

(2) The state department, or its agent, shall establish and maintain a state directory of new hires on and after October 1, 1997, for the purpose of locating newly hired employees for the purposes of establishing, enforcing, or modifying child support obligations and for other purposes specified in paragraph (b) of subsection (8) of this section.

(3) Effective October 1, 1997, each employer shall submit to the state directory of new hires a copy of the W-4 form, the W-9 form, or, at the option of the employer, an equivalent form for each newly hired employee in Colorado. The report may be transmitted to the state department by first-class mail, magnetically, or electronically. The report must contain the newly hired employee's name, address, social security number, and the date services for remuneration were first performed by the newly hired employee. The report must contain the name and address of the employer and the identifying number assigned to the employer under section 6109 of the federal "Internal Revenue Code of 1986", as amended. An employer is not liable for furnishing information pursuant to this section. An employer is not required to submit to the state directory of new hires a report concerning any employee hired for less than thirty days.

(4) Beginning not later than May 1, 1998, the state child support enforcement agency shall conduct automated comparisons of the social security numbers reported by employers pursuant to this section and the social security numbers appearing in the records of the family support registry for cases being enforced under the state plan. The state department may contract for the performance of the comparisons required by this subsection (4) with another governmental agency or a private entity.

(5) An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may designate one state to which the employer shall submit reports. Any multistate employer that elects to transmit all reports to one state shall notify the secretary of the federal department of health and human services, in writing, which state the employer has designated for purposes of reporting.

(6) All employers shall report a newly hired employee within twenty calendar days after the date the employer hires the employee or, at the election of the employer, at the time of the first regularly scheduled payroll following the date of hire if such payroll is subsequent to the expiration of the twenty-day period. Reports submitted magnetically or electronically shall be submitted by two monthly transmissions, when necessary, and in all instances, the report shall be transmitted no more than twenty calendar days after the date of hire or, at the election of the employer, at the time of the first regularly scheduled payroll following the date of hire if such payroll is subsequent to the expiration of the twenty-day period.

(7) (a) Within five business days after receipt of a report from an employer concerning a newly hired employee, the state child support enforcement agency shall enter the information into the state directory of new hires.

(b) Within two business days after the date the information regarding a newly hired employee is entered into the state directory of new hires, the state child support enforcement agency shall transmit an income assignment to the employer of the employee directing the employer to withhold an amount equal to the monthly child support obligation, including any past-due support obligation of the employee.

(c) Within three business days after the date the information regarding a newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires.

(d) No later than two years after the date the information regarding a newly hired employee is entered into the state directory of new hires, the state child support enforcement agency shall remove such name and information from the directory.

(8) (a) Information contained within the reports shall be made available to delegate child support enforcement units and their agents in order to locate individuals for purposes of establishing paternity or for purposes of establishing, modifying, or enforcing child support obligations.

(b) Information contained within the reports must be made available to the administrators of the following programs for purposes of establishing or verifying eligibility or benefit amounts: Public assistance pursuant to the Colorado works program, as defined in section 26-2-703 (5); medicaid; food stamps; supplemental security income benefits; cash assistance programs pursuant to this title; public assistance as defined in section 26-2-103 (7); child care assistance pursuant to part 1 of article 4 of title 26.5; and unemployment compensation.

(c) Information contained within the reports shall be available to the department of labor and employment and the state agency operating the workers' compensation program.
C.R.S. § 26-12-117 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-117
26-12-117. Anticipation warrants legal investments
Status: in_force

26-12-117. Anticipation warrants legal investments. It is lawful for the state of Colorado, any of its departments, institutions, or agencies, or any political subdivision of the state to purchase anticipation warrants issued pursuant to the provisions of sections 26-12-110 to 26-12-118 if such warrants satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.; except that the state, its departments, institutions, or agencies, or any of its political subdivisions shall not invest more than twenty percent of the total of any specific fund of such entities in such warrants.
C.R.S. § 26-12-109 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-109
26-12-109. County chargeability
Status: in_force

26-12-109. County chargeability. For the purposes of this part 1, a resident in a veterans center must be a charge for public assistance purposes to the county in which the veterans center is located.
C.R.S. § 26-3.1-102 — CO Code / Title 26 / Article 3.1 / Part 1 / Section 26-3.1-102
26-3.1-102. Reporting requirements
Status: in_force

26-3.1-102. Reporting requirements. (1) (a) A person specified in subsection (1)(b) of this section who observes the mistreatment or self-neglect of an at-risk adult or who has reasonable cause to believe that an at-risk adult has been mistreated or is self-neglecting or is at imminent risk of mistreatment or self-neglect is urged to report such fact to a county department not more than twenty-four hours after making the observation or discovery.

(a.5) As required by section 18-6.5-108, C.R.S., certain persons specified in paragraph (b) of this subsection (1) who observe the mistreatment, as defined in section 18-6.5-102 (10.5), C.R.S., of an at-risk elder, as defined in section 18-6.5-102 (3), C.R.S., or an at-risk adult with IDD, as defined in section 18-6.5-102 (2.5), C.R.S., or who have reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment shall report such fact to a law enforcement agency not more than twenty-four hours after making the observation or discovery.

(b) The following persons, whether paid or unpaid, are urged to report as described in subsection (1)(a) of this section:

(I) Any person providing health-care or health-care-related services including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; or physical, occupational, musical, or other therapies;

(II) Hospital and long-term care facility personnel engaged in the admission, care, or treatment of patients;

(III) First responders, including emergency medical service providers, fire protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates;

(IV) Code enforcement officers;

(V) Medical examiners and coroners;

(VI) Veterinarians;

(VII) Psychologists, addiction counselors, professional counselors, marriage and family therapists, and unlicensed psychotherapists, as those persons are defined in article 245 of title 12;

(VIII) Social workers, as defined in part 4 of article 245 of title 12;

(IX) Staff of case management agencies, as defined in section 25.5-6-1702;

(X) Staff, consultants, or independent contractors of service agencies, as defined in section 25.5-10-202 (34), C.R.S.;

(XI) Staff or consultants for a licensed or unlicensed, certified or uncertified, care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;

(XII) Caretakers, staff members, employees of, or consultants for, a home care placement agency, as defined in section 25-27.5-102 (5), C.R.S.;

(XIII) Persons performing case management or assistant services for at-risk adults;

(XIV) Staff of county departments of human or social services;

(XV) Staff of the state departments of human services, public health and environment, or health care policy and financing;

(XVI) Staff of senior congregate centers or senior research or outreach organizations;

(XVII) Staff, and staff of contracted providers, of area agencies on aging, except the long-term care ombudsmen;

(XVIII) Employees, contractors, and volunteers operating specialized transportation services for at-risk adults;

(XIX) Landlords and staff of housing and housing authority agencies for at-risk adults;

(XX) Court-appointed guardians and conservators;

(XXI) Personnel at schools serving persons in preschool through twelfth grade;

(XXII) Clergy members; except that the reporting requirement described in paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk adult has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and

(XXIII) Persons working in financial services industries, including banks, savings and loan associations, credit unions, and other lending or financial institutions; accountants; mortgage brokers; life insurance agents; and financial planners.

(c) In addition to those persons urged by this subsection (1) to report known or suspected mistreatment or self-neglect of an at-risk adult and circumstances or conditions that might reasonably result in mistreatment or self-neglect, any other person may report such known or suspected mistreatment or self-neglect and circumstances or conditions that might reasonably result in mistreatment or self-neglect of an at-risk adult to the local law enforcement agency or the county department. Upon receipt of such report, the receiving agency shall prepare a written report within twenty-four hours.

(2) Pursuant to subsection (1) of this section, the report must include:

(a) The name and address of the at-risk adult;

(b) The name and address of the at-risk adult's caretaker, if any;

(c) The age, if known, of the at-risk adult;

(d) The nature and extent of the at-risk adult's injury, if any;

(e) The nature and extent of the condition that will reasonably result in mistreatment or self-neglect; and

(f) Any other pertinent information.

(3) A copy of the written report prepared by the county department in accordance with subsections (1) and (2) of this section that includes an allegation of mistreatment must be forwarded within twenty-four hours after receipt of the report to a local law enforcement agency. A written report prepared by a local law enforcement agency must be forwarded within one business day of the receipt of the report to the county department.

(4) A person, including a person specified in subsection (1) of this section, shall not knowingly make a false report of mistreatment or self-neglect to a county department or local law enforcement agency. Any person who willfully violates the provisions of this subsection (4) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, and shall be liable for damages proximately caused thereby.

(5) Any person, except a perpetrator, complicitor, or coconspirator, who makes a report pursuant to this section shall be immune from any civil or criminal liability on account of such report, testimony, or participation in making such report, so long as such action was taken in good faith and not in reckless disregard of the truth or in violation of subsection (4) of this section.

(6) A person shall not take any discriminatory, disciplinary, or retaliatory action against any person who, in good faith, makes a report or fails to make a report of suspected mistreatment or self-neglect of an at-risk adult.

(7) (a) Except as provided in subsection (7)(b) of this section, reports of the mistreatment or self-neglect of an at-risk adult, including the name and address of any at-risk adult, member of said adult's family, or informant, or any other identifying information contained in such reports and subsequent cases resulting from the reports, is confidential and is not public information.

(b) Disclosure of a report of the mistreatment or self-neglect of an at-risk adult and information relating to an investigation of such a report and subsequent cases resulting from the report is permitted only when authorized by a court for good cause. A court order is not required, and such disclosure is not prohibited, when:

(I) A criminal investigation into an allegation of mistreatment is being conducted, when a review of death by a coroner is being conducted when the death is suspected to be related to mistreatment, or when a criminal complaint, information, or indictment is filed and the report and case information is relevant to the investigation, death review, complaint, or indictment;

(II) There is a death of a suspected at-risk adult from mistreatment or self-neglect and a law enforcement agency files a formal charge or a grand jury issues an indictment in connection with the death;

(III) The disclosure is necessary for the coordination of multiple agencies' joint investigation of a report or for the provision of protective services to an at-risk adult;

(IV) The disclosure is necessary for purposes of an audit of a county department of human or social services pursuant to section 26-1-114.5;

(V) The disclosure is made for purposes of the appeals process relating to a substantiated case of mistreatment of an at-risk adult pursuant to section 26-3.1-108 (2). The provisions of this subsection (7)(b)(V) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.

(VI) The disclosure is made by the state department to an employer, or to a person or entity conducting employee screening on behalf of the employer, as part of a CAPS check pursuant to section 26-3.1-111 or by a county department pursuant to section 26-3.1-107.

(VII) The disclosure is made to the at-risk adult who is the subject of the report, or if the at-risk adult is otherwise incompetent at the time of the request, to the guardian or guardian ad litem for the at-risk adult who is the subject of the report. The information disclosed pursuant to this subsection (7)(b)(VII) must not be disclosed until after the investigation is complete and must not include any identifying information related to the reporting party or any other appropriate persons. If the guardian is the substantiated perpetrator in a case of mistreatment of an at-risk adult, the disclosure must not be made without authorization by a court for good cause unless the disclosure is being made for the purposes of the guardian's appeal process described in subsection (7)(b)(V) of this section. If the court authorizes the release of information to a substantiated perpetrator, any protected or confidential information pursuant to federal or state law must not be disclosed.

(VIII) The disclosure is made to a county department that assesses or provides protective services for children, when the information is necessary to adequately assess for safety and risk or to provide protective services for a child. The information disclosed pursuant to this subsection (7)(b)(VIII) is limited to information regarding prior or current referrals, assessments, investigations, or case information related to an at-risk adult or an alleged perpetrator. A county department that assesses or provides protective services for at-risk adults is similarly permitted to access information from a county department that assesses or provides protective services for children pursuant to section 19-1-307 (2)(x). The provisions of this subsection (7)(b)(VIII) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.

(IX) The disclosure is made to an employer required to request a CAPS check pursuant to section 26-3.1-111 or to the state department agency that oversees the employer when the information is necessary to ensure the safety of other at-risk adults under the care of the employer. The information must be the minimum information necessary to ensure the safety of other at-risk adults under the care of the employer or oversight of the state department agency.

(X) The disclosure is made pursuant to section 26-3.1-111 (12) to a health oversight agency, as defined in 42 CFR 164.501, within the department of regulatory agencies or a regulator, as defined in section 12-20-102 (14), within such a health oversight agency; and

(XI) The disclosure is made to the court pursuant to section 26-3.1-111 (3)(b) and (8.5)(b).

(c) Any person who violates any provision of this subsection (7) commits a civil infraction.
C.R.S. § 26-13-113 — CO Code / Title 26 / Article 13 / Section 26-13-113
26-13-113. Placement in foster care automatic assignment of rights to child support
Status: in_force

26-13-113. Placement in foster care automatic assignment of rights to child support. When a child or youth is placed in foster care pursuant to article 5 of this title 26 or Title IV-E of the federal "Social Security Act", as amended, all rights to current child support for the benefit of the child or youth are assigned by operation of law to the state department. If a county department that delivers child welfare services determines that a referral is appropriate in accordance with rules promulgated by the state board, a delegate child support enforcement unit may enforce a child support obligation when rights are assigned pursuant to this section. When placement has terminated, the assignment of rights to child support that accrued during the child's or youth's foster care placement remains in effect until foster care cost of care or maintenance costs have been reimbursed in full. Amounts collected pursuant to this section must be distributed to the federal government, the state, and the county proportionately according to each entity's contribution.
C.R.S. § 26-2-129 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-129
26-2-129. Funeral - final disposition expenses - death reimbursement - definitions - rules
Status: in_force

26-2-129. Funeral - final disposition expenses - death reimbursement - definitions - rules. (1) The general assembly hereby finds and declares that, subject to available appropriations, the purposes of this section are the following:

(a) To provide appropriate and equitable reimbursement of funeral, cremation, burial, or natural reduction expenses or any combination of expenses associated with the final disposition of any deceased public assistance or medical assistance recipient;

(b) To consider the religious and cultural preferences of the decedent and the decedent's family;

(c) To assure that final disposition of a decedent is provided with dignity;

(d) To ensure that reimbursement of a provider of funeral or final disposition services is appropriately disbursed by the county department;

(e) To provide that public funds are made available for reimbursement pursuant to this section only after it has been determined that there are insufficient resources from the estate of the decedent or the decedent's legally responsible family members to cover the funeral or final disposition expenses;

(f) To allow family members and friends of a decedent to contribute toward the charges of funeral or final disposition expenses to the extent the contributions do not exceed the specified maximum combined charges for the expenses.

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

(a) "Contributions" means any monetary payment or donation made directly to the service provider or providers by a nonresponsible person to defray the expenses of a deceased public assistance or medical assistance recipient's funeral or final disposition.

(b) "Death reimbursement" means the payment made by the county department to the provider of funeral or final disposition services when adequate resources are not available from legally responsible persons or from the personal resources or income of the decedent or from contributions to cover the charges for funeral or final disposition expenses of a deceased public assistance or medical assistance recipient.

(c) "Decedent" means a deceased recipient of public assistance or medical assistance who was receiving benefits at the time of death.

(d) "Final resting place" means a space, either below or above the surface of the ground, for the interment or entombment of the remains of human bodies.

(e) "Legally responsible person" means a person who:

(I) Is the decedent's spouse or the decedent's parent if the decedent is an unemancipated minor who is under the age of eighteen; and

(II) Bears legal responsibility for the charges associated with the decedent's funeral or final disposition expenses.

(f) "Maximum combined charges" means the total of all charges from all providers but in an amount not to exceed two thousand five hundred dollars.

(f.5) "Medical assistance" means a payment on behalf of eligible recipients who are enrolled in the Colorado medical assistance program established in articles 4, 5, and 6 of title 25.5, which is funded through Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396u-1.

(g) "Mortuary science practitioner" means one engaged in, or holding himself or herself out as being engaged in or conducting, embalming or final disposition of dead human bodies.

(h) "Nonresponsible person" means one of the following who makes a contribution to the charges for a funeral or final disposition or any combination of these charges:

(I) A relative of the decedent who is not a legally responsible person; or

(II) Any other person or party.

(i) "Public assistance" means payments to eligible recipients of the programs for old age pensions created in article XXIV of the state constitution, except for the old age pension health and medical care program described in section 25.5-2-101; the Colorado works program created in part 7 of this article 2; the aid to the needy disabled program created in section 26-2-119; the program for aid to the blind created in section 26-2-120; and the home care allowance program created in section 26-2-122.3.

(3) Subject to available appropriations, a death reimbursement covering reasonable funeral expenses or reasonable final disposition expenses or any combination of these expenses shall be paid by the county department for a decedent if the estate of the deceased is insufficient to pay the reasonable expenses and if the persons legally responsible for the support of the deceased are unable to pay the reasonable expenses. The county department shall be reimbursed eighty percent of the amount of the death reimbursement paid for recipients of aid to the needy disabled and assistance under the Colorado works program pursuant to part 7 of this article 2 and shall be reimbursed one hundred percent of the amount of the death reimbursement for recipients of old age pensions. If the state department determines that the level of appropriation is insufficient to meet the demand for death reimbursements, the state department shall reduce the amount of the death reimbursement level to meet the amount appropriated by the general assembly for death reimbursements. In the event that a reduction is made, the county department has no additional responsibility beyond the reimbursement level as defined in the state department's rules.

(4) The total amount of a death reimbursement paid by the county department or state department pursuant to this section must not exceed one thousand five hundred dollars and the combined charge of a funeral or final disposition or any combination of these expenses must not exceed two thousand five hundred dollars. Contributions from nonresponsible persons may be made without jeopardizing payment under this section and shall be counted as an offset to the maximum combined charges of the providers. If the combined charges from the providers exceed two thousand five hundred dollars, no death reimbursement shall be paid by the state or county department. Providers may seek contributions from nonresponsible persons only to the extent that money is available from such parties.

(5) A legally responsible person shall be required to participate financially towards the charges for final disposition through a contribution to the maximum death reimbursement if his or her resources are above the federal supplemental security income resource limits. A legally responsible person shall not be required to participate if he or she has fewer resources than the supplemental security income resource limits or if participation would result in fewer resources than the supplemental security income resource limits. Any financial participation from a legally responsible person shall be deducted from the maximum death reimbursement in the same manner as the personal resources of the decedent and shall not include the survivor's home or other excluded resources as provided for in the state department's rules. Any financial participation by a legally responsible person in excess of the legally required amount shall be used to reduce the amount of the maximum death reimbursement. Social security lump-sum death benefits payable to a legally responsible person shall not be an automatic deduction from the maximum death reimbursement. For purposes of this section, "resources" means:

(a) Those assets or income that are accessible and available to the legally responsible person;

(b) Disbursement of funds from any insurance policy of the decedent to a legally responsible person or nonresponsible person who is named as a beneficiary or a joint beneficiary of the decedent's policy. Nothing in this paragraph (b) shall grant authority to the county department to attach a lien against such funds or otherwise obtain or access these funds for payment of the final disposition of the decedent.

(6) In calculating the amount of the death reimbursement, any personal resources or income of the decedent is counted as a deduction from the maximum allowable death reimbursement. For purposes of this section, personal resources or income of the decedent includes the following:

(a) Any preneed contract for merchandise or services to be provided or performed in connection with the decedent's final disposition;

(b) Any other resources or income accessible and available in the name of the decedent, including jointly owned resources or income but only to the extent of the decedent's share of such jointly owned resources or income;

(c) Any death benefit in which reimbursement is directly paid to a provider of funeral or final disposition services for the decedent.

(7) (a) Ownership by a public assistance or medical assistance recipient of a final resting place, or the purchase thereof during the time the recipient is receiving that assistance, shall not disqualify the recipient from receiving that assistance, nor shall such ownership be deemed cause for any reduction in the amount of the recipient's assistance.

(b) Any portion of the purchase price of a final resting place owned by the decedent in excess of two thousand dollars shall be counted as a personal resource of the decedent in calculating the amount of a death reimbursement pursuant to this section.

(c) A final resting place previously acquired by someone other than the decedent and donated for final disposition of that decedent shall not be counted as a personal resource of the decedent or a legally responsible person in calculating the amount of a death reimbursement pursuant to this section.

(8) A statement of agreement between the providers that shall be on a form prescribed by the state department that sets forth the charges and the amounts of any payments or contributions shall be completed prior to any disbursement of funds by the county. The agreement shall assure that the charges of all providers have been equitably addressed and shall ascertain that the maximum combined charges do not exceed two thousand five hundred dollars and that the combined contributions from all sources do not exceed two thousand five hundred dollars. All payments from a decedent's estate, payments from legally responsible persons, and contributions from nonresponsible persons shall be paid directly to the provider of services. After the provision of all services, the providers shall bill the county department directly for reimbursement for appropriate costs that have not been covered by the resources from or contributions made by the decedent's estate, legally responsible persons, or nonresponsible persons. The county department shall reimburse the appropriate providers directly, based upon the statement of agreement.

(9) (a) Notwithstanding any other provision of law to the contrary, the disposition of a deceased public assistance or medical assistance recipient must be in accordance with subsection (9)(a)(I) or (9)(a)(II) of this section, as follows:

(I) A public assistance or medical assistance recipient may express, in writing and in accordance with a procedure established by the state department, a preference to be buried, cremated, or naturally reduced, or any combination of these practices. The expression shall be honored by the county department within the limits of costs and reimbursements specified in this section.

(II) The disposition of a public assistance or medical assistance recipient who has not expressed a preference shall be determined respectively by the recipient's spouse, adult children, parents, or siblings. Upon the death of a recipient, the county department shall use reasonable effort to contact such an authorized person to determine the disposition of the deceased recipient. If the effort does not result in contact with an authorized relative within twenty-four hours, the county shall immediately have the deceased recipient's body refrigerated or embalmed. If the effort does not result in contact with and decision by an authorized relative within seven days of the recipient's death, the county department shall determine whether to bury, cremate, or naturally reduce the deceased recipient on the basis of which option is less costly.

(b) The disposition of any public assistance or medical assistance recipient in accordance with this subsection (9) shall be in a timely and dignified manner.

(c) A mortuary science practitioner or any operator of any cemetery who has contracted for cremation services pursuant to this subsection (9) may dispose of the remains of any public assistance or medical assistance recipient cremated pursuant to this section that are not claimed within one hundred twenty days from the date of cremation. For the purposes of this paragraph (c), disposal of remains shall include, but need not be limited to, placing such remains in a cemetery, scattering grounds, or columbarium.

(10) The state department shall:

(a) Adopt rules and regulations necessary for the implementation of this section; and

(b) (Deleted by amendment, L. 96, p. 1114, § 1, effective August 7, 1996.)

(c) Annually review reimbursement levels to determine whether the levels are adequate to purchase funeral, cremation, burial, or natural reduction services for deceased public assistance or medical assistance recipients.

(11) Notwithstanding any other provision of law to the contrary, any person who, in good faith, disposes of a deceased recipient or the remains of a deceased recipient in accordance with this section shall be immune from any civil or criminal liability.
C.R.S. § 26-2-709.5 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-709.5
26-2-709.5. Exit interviews and follow-up interviews of participants - reporting
Status: in_force

26-2-709.5. Exit interviews and follow-up interviews of participants - reporting. (1) In order to follow the legislative intent declared in section 26-2-702 (1)(a), a county department is strongly encouraged to contact each participant using each method of communication provided by the participant in order to conduct exit and follow-up interviews upon case closure, either in person or by telephone, including participants who are or have been receiving short-term assistance payments pursuant to section 26-2-706.6. The interviews shall be conducted in accordance with state department guidance for the purpose of:

(a) Evaluating the participant's experience with the works program;

(b) Evaluating how well the works program met the participant's needs and assisted the participant in meeting the participant's goals;

(c) Informing the state department of any changes to rules that are needed to improve the participant's experience; and

(d) Providing information to the participant and offering assistance with applications for or continuance of assistance under medicaid, food stamps, the Colorado child care assistance program, the earned income tax credit, or other programs such as welfare-to-work or other county benefits or services.

(2) If the state department, in consultation with counties, identifies additional need for funding to administer the works program, the state department is strongly encouraged to request state general fund money or, if the balance of the state TANF reserve is greater than the mandatory floor, appropriate additional state TANF money to fund counties' administration of the works program.

(3) Beginning January 2023, and each January thereafter, the state department shall submit a report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203, on the effectiveness of the works program. To the extent practicable, the state department may request a county department to provide any information and data that may be necessary to develop the report, including information and data from exit interviews conducted by the county departments pursuant to subsection (1) of this section. Any data used must protect personal identifying information of the participants and the participants' family members. At a minimum, the report must include:

(a) The total number of participants enrolled in the works program in the previous fiscal year, disaggregated by case type, race, and ethnicity;

(b) The total number of participants who exited and re-enrolled in the works program one or more times in the previous fiscal year, disaggregated by case type, race, and ethnicity;

(c) The total number of instances a participant exited and re-enrolled in the works program one or more times in the previous fiscal year, disaggregated by case type, race, and ethnicity;

(d) The total number of months each participant remained enrolled in the works program in the previous fiscal year, disaggregated by case type, race, and ethnicity; and

(e) To the extent practicable, data gathered through surveys and exit interviews with participants in the works program regarding participants' experience with the program, beliefs about the goals of the program, perceptions of how participation in the program contributed to the family goals, reasons for leaving the program, current employment status and wage rate, and supportive services provided and whether those services have been impacted by increases in basic cash assistance.

(4) The state department may review and consider information technology solutions for the implementation of this section.
C.R.S. § 26-21-107.5 — CO Code / Title 26 / Article 21 / Section 26-21-107.5
26-21-107.5. Colorado commission for the deaf, hard of hearing, and deafblind grant program -
Status: in_force

26-21-107.5. Colorado commission for the deaf, hard of hearing, and deafblind grant program - creation - standards - applications - definition. (1) The Colorado commission for the deaf, hard of hearing, and deafblind grant program is hereby established to provide funding for entities to address the needs of Colorado's deaf, hard-of-hearing, and deafblind individuals.

(2) (a) The Colorado commission for the deaf, hard of hearing, and deafblind grant program committee appointed pursuant to section 26-21-107.7 shall administer the grant program as provided in section 26-21-107.7.

(b) The commission shall pay the grants awarded through the grant program from money appropriated by the general assembly.

(c) Subject to available money, the general assembly shall appropriate to the commission no more than fifty thousand dollars annually to administer the grant program.

(3) The state department shall adopt rules addressing timelines and guidelines for the grant program and establishing criteria for approving or disapproving grant applications.

(4) An entity seeking to provide services to deaf, hard-of-hearing, or deafblind persons or to enhance existing deaf, hard-of-hearing, or deafblind programs may apply for a grant through the grant program.

(5) As used in this section, "entity" means a local government, state agency, state-operated program, or private nonprofit or not-for-profit organization.

(6) Grants must be awarded as provided in section 26-21-107.7 (3) and in compliance with applicable state rules.

(7) Grantees shall comply with reporting requirements established by the commission.
C.R.S. § 26-1-116 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-116
26-1-116. County boards - district boards
Status: in_force

26-1-116. County boards - district boards. (1) (a) The county board shall consist of the board of county commissioners in each county; except that "board of county commissioners" as used in this title, in the city and county of Denver, means the department or agency with the responsibility for public assistance and welfare activities and, in the city and county of Broomfield, means the city council or a board or commission appointed by the city and county of Broomfield.

(b) In the case of a district department established pursuant to section 26-1-115 (2), the district board shall consist of not less than three members, and each county in the district shall select one or more of its county commissioners to serve as a member of the district board. The district board shall, in relation to the district department, have all the powers, duties, and responsibilities which the county board has in relation to the county department.

(2) The county board shall elect a chairman who shall preside at meetings and, when authorized by the board, shall sign all necessary documents for the board.

(3) The county board may hold a meeting to address the public assistance and welfare duties, responsibilities, and activities of the county department in conjunction with a meeting of the board of county commissioners, upon full and timely notice given pursuant to the provisions of section 24-6-402. The county board shall act in accordance with rules adopted by the state board when addressing public assistance, and welfare duties, responsibilities, and activities of the county department. The county board shall act in accordance with rules adopted by the executive director of the department of early childhood when addressing child care assistance duties, responsibilities, and activities of the county department.
C.R.S. § 26-13-118.5 — CO Code / Title 26 / Article 13 / Section 26-13-118.5
26-13-118.5. Unclaimed property offset - definitions
Status: in_force

26-13-118.5. Unclaimed property offset - definitions. (1) The state department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the "Revised Uniform Unclaimed Property Act", article 13 of title 38, for the purpose of offsetting against a claim for unclaimed property the amount of current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance owed by the person claiming the unclaimed property.

(2) The state department shall notify an obligated person in writing that the state intends to offset the person's current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance against the person's claim for unclaimed property. The notification shall include information on the person's right to object to the offset and to request an administrative review.

(3) For purposes of this section, "claim for unclaimed property" means a cash claim submitted in accordance with section 38-13-903.
C.R.S. § 26-1-702 — CO Code / Title 26 / Article 1 / Part 7 / Section 26-1-702
26-1-702. Duties of the state department - contract to implement program - reporting requi
Status: in_force

26-1-702. Duties of the state department - contract to implement program - reporting requirement. (1) The state department shall use a competitive request-for-proposal process to select an entity to contract with to implement recommendations of the respite care task force created in section 26-1-601. The contract with the selected entity shall end thirty days after the fourth anniversary of the date of the receipt of the contract. In order to be eligible for the contract to implement the recommendations, the entity must serve individuals affected by a disability or a chronic condition across the life span by providing and coordinating respite care and must currently have a presence in Colorado. The state department shall contract with the entity selected to implement the recommendations of the respite care task force and to carry out the responsibilities described in subsection (2) of this section. The selected entity should consult with organizations throughout the state as it works to implement the task force recommendations. The selected entity may subcontract with community partners, but, if it does so, shall identify any such subcontracting in the proposal provided to the department.

(2) The entity selected to implement the recommendations of the respite care task force shall:

(a) Ensure that a study is conducted to demonstrate the economic impact of respite care and its benefits for those served. The study should:

(I) Provide an analysis of the populations that are caregivers and the differences between those who do and do not use respite care services, including impact on caregivers;

(II) Identify existing data and areas where additional data could be collected from the department of health care policy and financing and other respite care sources to examine respite care utilization and the need for support;

(III) Show the impact of funds spent on respite care versus funds saved in health care;

(IV) Use a consistent evaluation tool to assess the waiver respite care programs and all Colorado respite care programs; and

(V) Identify data points that the Colorado respite coalition can use to collect additional complementary data from caregivers using respite care services and improve evaluation for agencies to show the effect of respite care on caregivers, identify varied needs across programs and geographic areas, and demonstrate cost savings of respite care versus institutionalization and hospitalization;

(b) Create an up-to-date, online inventory of existing training opportunities for providing respite care along with information on how to become a respite care provider. This inventory shall be designed so that it can be updated over time as additional training options become available. This task shall be prioritized to occur early in the period covered by the contract.

(c) Develop a more robust statewide training system for individuals wishing to provide respite care. In doing so, the selected entity should work in partnership with nonprofits serving families in need of respite and with interested institutions of higher education. Over time, the statewide training system should ensure that:

(I) Training is available in multiple settings and formats;

(II) Core training elements are based on national models, use a person-centered approach, address core competencies, and are evidence-based or evidence-informed;

(III) Multi-tiered training is available that recognizes there are different levels of care that may be required; and

(IV) Training is available for primary caregivers.

(d) Ensure that a designated website is available to provide comprehensive information about respite care in Colorado and to serve as an access point for services throughout the state;

(e) Develop a centralized community outreach and education program about respite care services in Colorado that includes funding for start-up and outreach costs and ongoing activities, paid staff or contractors, and the leveraging of existing resources to support the design and dissemination of messaging and marketing materials;

(f) Work with the department of health care policy and financing to standardize the full continuum of respite care options across all Medicaid waivers; and

(g) Work with the state department, the department of health care policy and financing, and the department of public health and environment to streamline the regulatory requirements for facility-based, short-term, overnight respite care.

(3) On and after the first anniversary of the date that the contract is awarded, the state department shall include in its presentation to the legislative committees of reference as required by section 2-7-203, C.R.S., the progress of the selected entity in implementing this part 7.
C.R.S. § 26-5-117 — CO Code / Title 26 / Article 5 / Section 26-5-117
26-5-117. Out-of-home placement for children and youth with mental or behavioral needs - f
Status: repealed

26-5-117. Out-of-home placement for children and youth with mental or behavioral needs - funding - report - rules - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:

(I) The COVID-19 pandemic has lead to an emergency need for increased placements for children and youth with behavioral or mental health needs, including those involved with the child welfare system; and

(II) As the state works to transition to the critical requirements of the federal "Family First Prevention Services Act", it must ensure a smooth transition by helping existing residential child care facilities transition to qualified residential treatment programs or psychiatric residential treatment facilities.

(b) Therefore, the general assembly declares that the state should provide resources to qualified residential treatment programs, psychiatric residential treatment facilities, or therapeutic foster care providers to address this emergency situation and ensure there are high-quality providers available to meet these needs.

(2) (a) The state department shall develop a program to provide emergency resources to licensed providers to help remove barriers such providers face in serving children and youth whose behavioral or mental health needs require services and treatment in a residential child care facility. Any such licensed provider shall meet the requirements of a qualified residential treatment program, as defined in section 26-5.4-102; a psychiatric residential treatment facility, as defined in section 25.5-4-103 (19.5); treatment foster care; or therapeutic foster care.

(a.5) (I) No later than July 1, 2023, the state department, in collaboration with the department of health care policy and financing and other relevant stakeholders, including stakeholders that represent individuals with intellectual and developmental disabilities, shall form a working group to make recommendations about developing an incentive funding pool pilot program to incentivize residential treatment providers to accept and treat children and youth who are under twenty-one years of age and have high-acuity behavioral health needs or other common barriers to appropriate treatment and placement, including the presence of co-occurring disabilities.

(II) In developing the incentive funding pool, the state department may consider providing an enhanced payment, in addition to any daily bed rate authorized and paid for by public funding, and authorizing the funding pool to be used to extend and expand access to care pursuant to subsection (2)(b)(I) of this section.

(III) No later than October 1, 2023, the working group shall submit its recommendations to the joint budget committee.

(b) (I) Beginning July 1, 2022, the state department shall provide ongoing operational support for psychiatric residential treatment facilities, therapeutic foster care, treatment foster care, and qualified residential treatment programs as described in subsection (2)(a) of this section.

(II) Repealed.

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

(IV) This subsection (2)(b) is repealed, effective September 1, 2027.

(c) The state department and any person who receives money from the state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(d) No later than January 1, 2025, and subject to available appropriations, the state department shall expand the number of treatment beds available under the program created pursuant to subsection (2)(a) of this section.

(3) Repealed.

(4) (a) The state department shall contract with licensed providers for the delivery of services to children and youth who are determined eligible for and placed in the program. A provider that contracts with the state department shall not:

(I) Deny admittance of a child or youth if the child or youth otherwise meets the eligibility criteria for the program; or

(II) Discharge a child or youth based on the severity or complexity of the child's or youth's physical, behavioral, or mental health needs; except that the state department may arrange for the placement of a child or youth with an alternate contracted provider if the placement with the alternate provider is better suited to deliver services that meet the needs of the child or youth.

(b) The state department shall reimburse a provider directly for the costs associated with the placement of a child or youth in the program for the duration of the treatment, including the costs the provider demonstrates are necessary in order for the provider to operate continuously during this period.

(c) The state department shall coordinate with the department of health care policy and financing to support continuity of care and payment for services for any children or youth placed in the program.

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

(5) (a) A hospital, health-care provider, provider of case management services, school district, managed care entity, or state or county department of human or social services may refer a family for the placement of a child or youth in the program. The entity referring a child or youth for placement in the program shall submit or assist the family with submitting an application to the state department for review. The state department shall consider each application as space becomes available. The state department shall approve admissions into the program and determine admission and discharge criteria for placement.

(b) The state department shall develop a discharge plan for each child or youth placed in the program. The plan must include the eligible period of placement of the child or youth and must identify the entity that will be responsible for the placement costs if the child or youth remains with the provider beyond the date of eligibility identified in the plan.

(c) The entity or family that places the child or youth in the program retains the right to remove the child or youth from the program any time prior to the discharge date specified by the state department.

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

(a) "Family advocate" means a parent or primary caregiver who:

(I) Has been trained in a system-of-care approach to assist families in accessing and receiving services and supports;

(II) Has raised or cared for a child or adolescent with a mental health or co-occurring disorder; and

(III) Has worked with multiple agencies and providers, such as mental health, physical health, substance abuse, juvenile justice, developmental disabilities, education, and other state and local service systems.

(b) "Family systems navigator" means an individual who:

(I) Has been trained in a system-of-care approach to assist families in accessing and receiving services and supports;

(II) Has the skills, experience, and knowledge to work with children and youth with mental health or co-occurring disorders; and

(III) Has worked with multiple agencies and providers, including mental health, physical health, substance abuse, juvenile justice, developmental disabilities, education, and other state and local service systems.

(7) to (9) Repealed.

(10) The state department shall analyze the location of existing capacity of specialized foster care settings across the state, where gaps exist, and barriers to expanding specialized foster care settings and provide recommendations to achieve network adequacy of specialized foster care supports statewide.

(11) (a) Subject to available appropriations, the state department and the behavioral health administration shall increase the minimum reimbursement rates paid to qualified residential treatment programs for the purpose of aligning room and board payments across payer sources.

(b) The behavioral health administration shall reimburse qualified residential treatment program providers for the cost of room and board pursuant to subsection (11)(a) of this section for children and youth who are eligible for the state medical assistance program but not in the custody of a county child welfare agency.

(12) No later than December 31, 2025, and subject to available appropriations, the state department shall contract with one or more third-party vendors to implement a pilot program to assess the needs of, and provide short-term residential services for, juvenile justice-involved youth who do not meet the criteria for detention pursuant to sections 19-2.5-303 and 19-2.5-304.

(13) (a) No later than September 15, 2024, and subject to available appropriations, the state department shall contract with additional licensed providers for the delivery of services to children and youth who are determined eligible for and placed in the program created pursuant to subsection (2)(a) of this section.

(b) To the extent such data is available, the state department shall base its efforts to contract with additional licensed providers on an analysis of the Colorado child and adolescent needs and strengths data from independent assessments for children and youth who are boarding in a hospital, in a stopgap county department of human or social services office or hotel, or in a detention setting, and who are involved with the state-level multi-agency child and youth consultant team because they were denied care from a residential child care provider. Any information received and analyzed pursuant to this subsection (13)(b) must be de-identified and aggregated to maintain confidentiality and privacy of each child and youth.
C.R.S. § 26-1-112 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-112
26-1-112. Locating violators - recoveries
Status: in_force

26-1-112. Locating violators - recoveries. (1) The executive director of the department of human services or district attorneys may request and shall receive from departments, boards, bureaus, or other agencies of the state or any of its political subdivisions, and the same are authorized to provide, such assistance and data as will enable the state department of human services and county departments properly to carry out their powers and duties to locate and prosecute any person who has fraudulently obtained public assistance under this title. Any records established pursuant to the provisions of this section shall be available only to the state department of human services, the county departments, the attorney general, and the district attorneys, county attorneys, and courts having jurisdiction in fraud or recovery proceedings or actions.

(2) (a) All departments and agencies of the state and local governments shall cooperate in the location and prosecution of any person who has fraudulently obtained public assistance under this title, and, on request of the county board, the county director, the state department of human services, or the district attorney of any judicial district in this state, shall supply all information on hand relative to the location, employment, income, and property of such persons, notwithstanding any other provision of law making such information confidential, except the laws pertaining to confidentiality of any tax returns filed pursuant to law with the department of revenue. The department of revenue shall furnish at no cost to inquiring departments and agencies such information as may be necessary to effectuate the purposes of this article. The procedures whereby this information will be requested and provided shall be established by rule of the state department. The state department or county departments shall use such information only for the purposes of administering public assistance under this title, and the district attorney shall use it only for the prosecution of persons who have fraudulently obtained public assistance under this title, and he shall not use the information, or disclose it, for any other purpose.

(b) (I) Whenever the state department of human services or a district attorney, for the state department, or the state department on behalf of a county department recovers any amount of fraudulently obtained public assistance funds, the federal government shall be entitled to a share proportionate to the amount of federal funds paid unless a different amount is otherwise provided by federal law, the state shall be entitled to a share proportionate to the amount of state funds paid and such additional amounts of federal funds recovered as provided by federal law, and the county department shall be entitled to a share proportionate to the amount of county funds paid unless a different amount is provided pursuant to federal law or this section.

(II) Whenever a county department, a county board, a district attorney, or a state department on behalf of a county department recovers any amount of fraudulently obtained public assistance funds in the form of assistance payments, it shall be deposited in the county general fund and the federal government shall be entitled to a share proportionate to the amount of federal funds paid unless a different amount is provided for by federal law, the state shall be entitled to a share proportionate to one-half the amount of state funds paid, and the county shall be entitled to a share proportionate to the amount of county funds paid and, in addition, a share proportionate to one-half the amount of state funds paid. In the case of funds recovered from fraudulently obtained food stamp coupons by the county department, the county board, the district attorney, or the state department on behalf of a county department, the county shall be entitled to the share of the recovered funds provided by the federal "Food Stamp Act".

(3) (a) Whenever the county department, the county board, the district attorney, or the state department on behalf of a county department pursuant to Public Law 96-58 recovers funds from food stamp coupons which were obtained through unintentional client error, the county shall be entitled to the share of the recovered funds provided by the federal "Food Stamp Act".

(b) Whenever a county department, a county board, a district attorney, or the state department on behalf of the county recovers any amount of public assistance payments funds that were obtained through unintentional client error, the federal government shall be entitled to a share proportionate to the amount of federal funds paid, unless a different amount is provided for by federal law, the state shall be entitled to a share proportionate to seventy-five percent of the amount of state funds paid, the county shall be entitled, except for the Colorado works program, to a share proportionate to the amount of county funds paid, if any, and, in addition, a share proportionate to twenty-five percent of the amount of state funds paid. In the Colorado works program, the county shall be entitled to a share proportionate to the amount of county funds paid and, in addition, a share proportionate to one-half the amount of state funds paid.

(4) Actual costs and expenses incurred by the district attorney's office in carrying out the provisions of subsections (2) and (3) of this section shall be billed to counties or a county within the judicial district in the proportions specified in section 20-1-302, C.R.S. Each county shall make an annual accounting to the state department on all amounts recovered.
C.R.S. § 26-2-305 — CO Code / Title 26 / Article 2 / Part 3 / Section 26-2-305
26-2-305. Fraudulent acts - penalties
Status: in_force

26-2-305. Fraudulent acts - penalties. (1) (a) Any person who obtains, or any person who aids or abets another to obtain, food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered to which the person is not entitled, or food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program commits the crime of theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S., and which crime shall be punished as provided in section 18-1.3-401, C.R.S., if the crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified as a misdemeanor. Any person violating the provisions of this subsection (1) is disqualified from participation in the food stamp program for one year for a first offense, two years for a second offense, and permanently for a third or subsequent offense. Any person convicted of trafficking in food stamp coupons as described in this subsection (1) having a value of five hundred dollars or more shall be permanently disqualified from the food stamp program.

(b) Any person found by the agency or convicted in a court of law of having made a fraudulent statement or representation with respect to the identity or place of residence of the person in order to receive multiple benefits simultaneously under the food stamp program shall be disqualified from participating for a ten-year period.

(c) Any person found guilty by a court of law of purchasing controlled substances, as defined in section 18-18-102 (5), C.R.S., with food stamp benefits shall be disqualified from participation in the food stamp program for two years for a first offense and permanently disqualified for the second offense. The disqualification periods shall apply also to individuals with a felony conviction entered on or after July 1, 1997, for possession, use, or distribution of controlled substances if the conviction is directly related to the misuse of food stamp benefits. An individual shall not be ineligible due to a drug conviction unless misuse of food stamp benefits is part of the court findings.

(d) Any person who is found guilty by a court of law of trading ammunition or explosives for food stamp benefits is disqualified permanently from participating in the food stamp program.

(e) A state or federal court may extend a disqualification for up to an additional eighteen months. Such disqualifications are mandatory and are in addition to any other penalty imposed by law.

(1.5) Any person against whom a county department of human or social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program, is disqualified from participation in the food stamp program for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualifications are mandatory and are in addition to any other remedy available to a judgment creditor.

(2) If, at any time during the continuance of participation in the food stamp program, the recipient of food stamp coupons or authorization to purchase cards knowingly acquires any property or receives any increase in income or property, or both, in excess of that declared at the time of determination or redetermination of eligibility or if there is any other change in circumstances affecting the recipient's eligibility or the amount of food stamp coupons or authorization to purchase cards to which he or she is entitled, it is the duty of the recipient to notify the county department, or the state department in food stamp districts administered by the state department, of any such acquisition, receipt, or change in accordance with state department regulations; and any recipient of food stamp coupons or authorization to purchase cards who knowingly fails to do so, and who by such failure receives benefits in excess of those to which he or she was in fact entitled, commits a petty offense and shall be punished as provided in section 18-1.3-503.

(3) The county department, or the state department in food stamp districts administered by the state department, shall use an application form which contains appropriate and conspicuous notice of the penalties for fraud and shall deliver to each recipient with the first issuance of food stamp coupons or authorization to purchase cards and each redetermination thereafter a written notice explaining what changes in circumstances require notification to the county department or state department under subsection (2) of this section.

(4) Additional costs incurred by district attorneys in enforcing this section, in accordance with the rules of the state department, shall be billed to county departments in the judicial district in the proportion to each county as specified in section 20-1-302, C.R.S., and the county departments shall pay such costs as an expense of food stamp administration.
C.R.S. § 26-13-126 — CO Code / Title 26 / Article 13 / Section 26-13-126
26-13-126. Authority to deny, suspend, or revoke professional, occupational, and recreation
Status: in_force

26-13-126. Authority to deny, suspend, or revoke professional, occupational, and recreational licenses - definitions. (1) The state board of human services is authorized, in coordination with any state agency, board, or commission that is authorized by law to issue, revoke, deny, terminate, or suspend a professional, occupational, or recreational license, to promulgate rules for the suspension, revocation, or denial of professional, occupational, and recreational licenses of individuals who owe more than six months' gross dollar amount of child support and who are paying less than fifty percent of their current monthly child support obligation each month, or those individuals who fail, after receiving proper notice, to comply with subpoenas or warrants relating to paternity or child support proceedings.

(2) (a) To effectuate the purposes of this section, the executive director of the state department may request the denial, suspension, or revocation of any professional, occupational, or recreational license issued by a state agency, board, or commission, referred to in this section as the "licensing agency". Upon such request, the state child support enforcement agency shall send a notice to the obligor by first-class mail stating that the obligor has thirty days after the date of the notice within which to pay the past-due obligation, to negotiate a payment plan with the state child support enforcement agency, to request an administrative hearing with the delegate child support enforcement unit, or to comply with the warrant or subpoena. If the obligor fails to pay the past-due obligation, negotiate a payment plan, request an administrative hearing, or comply with the warrant or subpoena within thirty days after the date of the notice, the state child support enforcement agency shall send a notice to the licensing agency to deny, revoke, or suspend the professional, occupational, or recreational license of the individual identified as not in compliance with the court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or of the individual who failed, after receiving appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings.

(b) The rules promulgated to implement this section shall provide that, if it is the first time the procedures authorized by this section have been employed to enforce support against the obligor, the state child support enforcement agency may only issue a notice to the licensing agency to suspend or to deny such obligor's license. However, the rules shall also provide that, in second and subsequent circumstances in which the provisions of this section are utilized to enforce support against the obligor, the state child support enforcement agency shall be authorized to issue a notice to the licensing agency to revoke an obligor's license, subject to full reapplication procedures upon compliance as specified by the licensing agency.

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

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

(e) The sole issues to be determined at the administrative review by both the delegate child support enforcement unit and the state child support enforcement agency shall be whether there is: A mistake in the identity of the obligor; a disagreement concerning the amount of the child support debt, an arrearage balance, retroactive support due, or the amount of the past-due child support when combined with maintenance; a showing that all child support payments were made when due; a showing that the individual has complied with the subpoena or warrant; a showing that the individual was not properly served with the subpoena or warrant; or a showing that there was a technical defect with respect to the subpoena or warrant.

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

(g) A notice to the licensing agency pursuant to paragraph (a) of this subsection (2) shall not be sent to the licensing agency unless the obligor has failed to request a review within the time specified or until a hearing has been concluded and all rights of review have been exhausted.

(h) Each licensing agency affected may promulgate rules, as necessary, and procedures to implement the requirements of this section. Such licensing agencies shall enter into memoranda of understanding, as necessary, with the state child support enforcement agency with respect to the implementation of this section. All due process hearings shall be conducted by the state department rather than the licensing agency.

(i) Nothing in this section shall limit the ability of each licensing agency to deny, suspend, or revoke a license on any other grounds provided by law.

(j) A licensing agency, or any person acting on its behalf, shall not be liable for any actions taken to deny, suspend, or revoke the obligor's license pursuant to this section.

(3) It is the intent of the general assembly that the same or similar conditions placed upon the issuance and renewal of a state license to practice a profession or occupation, as set forth in this section, should also be placed upon persons applying to or licensed to practice law. The general assembly, however, recognizes the practice of the Colorado Supreme Court in the licensure, registration, and discipline of persons practicing law in this state. Specifically, the general assembly acknowledges that in order to obtain a license to practice law in Colorado, a person must verify that he or she is not delinquent with respect to a court-ordered obligation to pay child support. In addition, the general assembly recognizes that pursuant to the "Colorado Rules of Professional Conduct" a lawyer may be disciplined, including by disbarment, for failing to pay child support.

(4) Subject to section 24-33-110 (1), C.R.S., for purposes of this section, "license" means any recognition, authority, or permission that the state or any principal department of the state or an agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
C.R.S. § 26-13-122.7 — CO Code / Title 26 / Article 13 / Section 26-13-122.7
26-13-122.7. Administrative lien and attachment of insurance claim payments, awards, and sett
Status: in_force

26-13-122.7. Administrative lien and attachment of insurance claim payments, awards, and settlements - reporting - rules - fund. (1) (a) The state child support enforcement agency, or its agent, may issue a notice of administrative lien and attachment to any person, insurance company, or agency to attach insurance claim payments, awards, or settlements due to an obligor who is responsible for the past-due support of a child or children on whose behalf an obligee is receiving services from the state's child support enforcement agency or a delegate child support enforcement unit pursuant to this article 13. The state child support enforcement agency and insurance companies must participate in the child support lien network insurance data match, or a similar program, to facilitate discovery of potential claim payments, awards, or settlements.

(b) On or before January 30, 2018, the department of human services shall submit a report to the health and human services committee of the senate and the public health care and human services committee of the house of representatives, or any successor committees, concerning the results of the voluntary participation by insurance companies in the child support lien network insurance data match pursuant to paragraph (a) of this subsection (1).

(c) (I) For the purposes of this section, an insurance claim payment, award, or settlement is limited to an individual who receives money in excess of one thousand dollars after making a claim for payment under an insurance policy for:

(A) Personal injury under a policy for liability;

(B) Wrongful death;

(C) Workers' compensation; or

(D) A life insurance policy or annuity contract payable to a beneficiary.

(II) For the purposes of this section, an insurance claim payment:

(A) Only includes the portion of the claim, award, or settlement payable to the obligor or the obligor's representative. Any portion of an insurance claim payment that replaces wages or provides income in lieu of wages is subject to the limitations set forth in section 13-54-104 (2), C.R.S.

(B) Does not include any money payable as attorney fees, witness fees, court costs, reasonable litigation expenses, documented unpaid expenses incurred for medical treatment causally related to the claim, any portion of a claim based on damage or a loss of real or personal property, or any money assigned or designated as funeral or burial expenses.

(III) (A) Upon the request of an insurance company, an individual with an insurance claim payment, award, or settlement governed by this section shall provide to the insurer his or her current address, date of birth, and social security number;

(B) The insurance company making the request may inform the claimant that the request is being made in accordance with this section for the purpose of assisting the state's child support enforcement agency in enforcing child support liens pursuant to section 14-10-122, C.R.S.; and

(C) An insurer shall not make payment to a claimant who refuses to provide the information required by this section. An insurer that declines to make payment on this basis is exempt from suit and immune to liability under this section and any other section in a common law action in law or equity.

(IV) The state board shall promulgate rules concerning appropriate procedures that the state department or the state's child support enforcement agency shall follow regarding certain insurance claim payments, awards, or settlements, including claim payments, awards, or settlements to multiple parties. The rules must identify factors the state's child support enforcement agency shall consider in determining whether to attach the claim payment, award, or settlement, or any portion of such claim payment, award, or settlement.

(2) An insurance company, agency, or central reporting organization, or the directors, agents, or employees of an insurer, insurance company, or central reporting organization, are not liable, and no cause of action accrues, for damages based upon any actions or omissions taken or made in good faith pursuant to this section.

(3) The administrative lien and attachment require the person, insurance company, or agency to withhold the insurance claim payment, award, or settlement. An administrative lien and attachment for the collection from insurance claim payments, awards, or settlements for the payment of past-due child support obligations or past-due maintenance or maintenance when combined with child support obligations is continuing and remains in effect until such amount is satisfied or is released in writing by the state child support enforcement agency.

(4) In order to attach and collect insurance claim payments, awards, or settlements for the payment of past-due child support or past-due maintenance or maintenance when combined with child support obligations, the state child support enforcement agency is authorized to serve, by first-class mail or electronically, if mutually agreed upon, a notice of administrative lien and attachment on any person, insurance company, or agency holding insurance claim payments, awards, or settlements that are owed to an obligor. A copy of the administrative lien and attachment shall be provided to the obligor and must include information on the obligor's right to object to the administrative lien and attachment and to request an administrative review pursuant to rules promulgated by the state board.

(5) Any remittance of moneys deducted or withheld by a person, insurance company, or agency pursuant to this section must include the obligor's name and identifying number as assigned by the state child support enforcement agency or the family support registry. The moneys must be remitted to the family support registry pursuant to section 26-13-114.

(6) The state child support enforcement agency may recover from the money collected any fees assessed upon the state child support enforcement agency in its efforts to attach insurance claim payments, awards, and settlements. Fees collected pursuant to this subsection (6) must be deposited in the child support insurance lien fund created pursuant to subsection (9) of this section.

(7) This section applies to all child support obligations and to all maintenance or maintenance when combined with child support obligations that were ordered as part of any proceeding, regardless of when the order was entered. All child support obligors are subject to the notice of administrative lien and attachment as described in subsection (4) of this section.

(8) A lien or assignment perfected on any insurance claim payment, award, or settlement prior to the receipt of the administrative lien and attachment issued by the state child support enforcement agency shall be honored prior to the administrative lien and attachment issued by the state child support enforcement agency. The state child support enforcement agency shall receive the balance, if any, of the remaining insurance claim payment, award, or settlement up to the amount owed by the obligor.

(9) There is created in the state treasury the child support insurance lien fund, referred to in this subsection (9) as the "fund". The fund consists of any money credited to it from fees collected pursuant to subsection (6) of this section, and any other money appropriated or transferred to the fund by the general assembly. Money in the fund shall be appropriated to the state department to pay costs related to participating in the child support lien network. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any money appropriated to the fund for the 2018-19 fiscal year and for each fiscal year thereafter that is unexpended and unencumbered at the end of the applicable fiscal year does not revert to the general fund and must remain in the fund.
C.R.S. § 26-2-111.4 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-111.4
26-2-111.4. Employment search program
Status: repealed

26-2-111.4. Employment search program. (Repealed)
C.R.S. § 26-11-100.1 — CO Code / Title 26 / Article 11 / Part 1 / Section 26-11-100.1
26-11-100.1. Short title
Status: in_force

26-11-100.1. Short title. This article shall be known and may be cited as the "Older Coloradans' Act".
C.R.S. § 26-6-703 — CO Code / Title 26 / Article 6 / Part 7 / Section 26-6-703
26-6-703. Temporary care assistance program permitted
Status: in_force

26-6-703. Temporary care assistance program permitted. (1) A child placement agency may operate a temporary care assistance program; except that, prior to July 1, 2021, only a child placement agency that is a nonprofit organization, and that operates a program similar to a temporary care assistance program in thirty or more states, may operate a temporary care assistance program.

(2) The activities of a temporary care assistance program performed pursuant to this part 7 do not constitute placing a child pursuant to this article 6.
C.R.S. § 26-11.5-112 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-112
26-11.5-112. Federal requirements - compliance
Status: in_force

26-11.5-112. Federal requirements - compliance. Nothing in this article shall be construed to prevent the state department or the office from complying with the requirements of the rules and regulations of the United States department of health and human services promulgated pursuant to the older Americans act.
C.R.S. § 26-2-111.7 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-111.7
26-2-111.7. Study of old age pension program - repeal
Status: repealed

26-2-111.7. Study of old age pension program - repeal. (Repealed)
C.R.S. § 26-6-904.5 — CO Code / Title 26 / Article 6 / Part 9 / Section 26-6-904.5
26-6-904.5. Kinship foster care homes - certification and revocation of certification - fina
Status: repealed

26-6-904.5. Kinship foster care homes - certification and revocation of certification - financial assistance and supports - training - interagency resource data - report - rules - repeal. (1) (a) A kinship foster care home seeking certification shall follow the application process outlined in section 26-6-910. A county department or child placement agency, upon the successful completion of the background checks required pursuant to section 19-3-406 or 26-6-910, may issue a one-time provisional certificate for a period of six months to an applicant at a specific location who is requesting provisional certification. The applicant may opt out of the provisional certification process. A provisional certification permits the applicant to operate the kinship foster care home if the applicant is temporarily unable to conform to all standards required pursuant to this part 9, upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. If the applicant successfully completes the background checks required pursuant to section 19-3-406 or 26-6-910, the county department or child placement agency shall make payment beginning with the completion of the fingerprint background check. The county department or child placement agency shall complete the certification process within the timelines promulgated by rule of the state board.

(b) The county department or child placement agency to which the kinship foster care home applied for certification shall extend the provisional certification provided for in subsection (1)(a) of this section by an additional sixty days if the applicant can demonstrate that the applicant did not cause the delay in completing all the requirements for certification.

(c) A kinship foster care home may opt out of the provisional certification process and remain eligible for supports through sources other than foster care maintenance.

(d) Prior to transferring temporary legal custody of any child or youth to a relative or kin, the court shall make findings that the relative or kin was advised regarding the differences between kinship foster care and non-certified kinship care, including but not limited to financial assistance, custody requirements, and long-term financial support options.

(e) The applicant has the right to appeal any certification denial that the applicant believes presents an undue hardship or has been applied too stringently by a county department or child placement agency. Upon the filing of an appeal, the applicant, county department, or child placement agency shall proceed in the same manner as prescribed for licensure appeals in section 26-6-909 (4).

(f) (I) The state department, a county department, or a child welfare agency has the authority to investigate and inspect a kinship foster care home pursuant to section 26-6-912 and to take appropriate actions as described in section 26-6-912 (1)(d)(I).

(II) The state department, a county department, or a child placement agency may revoke a kinship foster care home's certification in accordance with section 26-6-913.

(2) Kinship foster care homes are eligible for financial reimbursement and supports at the same rate as foster care homes, as established in rules promulgated by the state board of human services. Non-certified kinship care homes are eligible for financial assistance and supports at thirty percent of the foster care rate, based on the age of the child or youth receiving care. Beginning in state fiscal year 2026-27, non-certified kinship care homes are eligible for financial assistance and support at fifty percent of the foster care rate, based on the age of the child or youth receiving care. Funding to cover financial assistance and supports comes from the revenue stream identified in subsection (3) of this section.

(3) (a) The state department shall reimburse the county departments ninety percent of the amounts expended by county departments for kinship foster care and non-certified kinship care daily rates to support financial assistance. The kinship foster care rate and non-certified kinship care rate are exempt from the close-out process described in section 26-5-104 (3).

(b) For state fiscal years 2024-25 and 2025-26, the general assembly may appropriate money from the Colorado long-term works reserve, created in section 26-2-721, for the purposes of providing the funding required by subsection (2) of this section.

(4) (a) The state department shall provide training on the certification standards to kinship foster care providers who are applying for certification pursuant to subsection (1) of this section. Whenever possible, the state department shall provide training in an online format.

(b) The state department shall collaborate with the department of education, the department of public health and environment, and the department of health care policy and financing to develop an interagency resource. The state department shall prominently post the interagency resource created pursuant to this subsection (4)(b) on the department's website.

(5) (a) The state department and the judicial department shall collect data on the number of children who are placed with certified and non-certified kin through a dependency and neglect case, regardless of who has custody of the child or youth. The state department and the judicial department shall include data on the permanency outcomes, length of stay, re-entry into care, and all other outcomes collected for children and youth in out-of-home placements. The state department shall make the data available on its website on or before October 1, 2025.

(b) On or before October 1, 2025, the state department shall study and report to the general assembly the feasibility of using federal funds, including but not limited to federal IV-B, IV-E, or TANF funds, or other grant funding to provide or reimburse for the provision of brief legal services or legal representation of relative and kin caregivers.

(6) (a) On or before August 1, 2025, and every August 1 thereafter until August 1, 2030, the state department shall submit a report to the joint budget committee on the implementation of non-certified kinship care homes, the impacts to the number of placements with kinship foster care homes, and the impacts on county departments of human or social services in their ability to support providers. The state department shall submit data provided by county departments of human and social services as a supplement to the report. The report must include:

(I) The impacts of financial assistance on the certification and recruitment of kin families and the trends of kin's choices to become certified or non-certified;

(II) The workload changes for county caseworkers associated with supporting kin pursuant to this section, both certified and non-certified; and

(III) The related impacts of county staff who support kin, as provided by county departments of human and social services.

(b) This subsection (6) is repealed, effective June 30, 2031.

(7) In addition to the rules promulgated pursuant to section 26-6-911, the state board shall promulgate rules as necessary to implement this section with respect to kinship foster care homes.
C.R.S. § 26-2-145 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-145
26-2-145. Community food assistance provider grant program - creation - grants - definitio
Status: repealed

26-2-145. Community food assistance provider grant program - creation - grants - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Colorado agricultural products" means all fruits, vegetables, grains, meats, and dairy products grown or raised in Colorado and minimally processed products or value-added processed products that meet the standards for the Colorado proud designation established by the state department of agriculture.

(b) (I) "Eligible entity" means either a food bank or food pantry.

(II) "Eligible entity" includes a faith-based organization.

(c) "Food bank" means a nonprofit charitable organization that is exempt from federal income taxation pursuant to the federal "Internal Revenue Code of 1986", as amended, whose primary purpose is to procure food from retailers, manufacturers, farmers and agricultural producers, individual donors, grocery stores, restaurants, and government channels and to store, transport, and distribute the procured food to other nonprofit charitable hunger relief organizations, including food pantries and hunger relief partner agencies in a defined geographic service area.

(d) "Food pantry" means a nonprofit charitable organization that is exempt from federal income taxation pursuant to the federal "Internal Revenue Code of 1986", as amended, whose primary purpose is to distribute food at no cost directly to individuals in need in the food pantry's local community and that typically receives most or all of its food from a partner food bank, including nonprofit partner agencies such as soup kitchens and homeless shelters.

(e) "Grant program" means the community assistance provider grant program created in subsection (2) of this section.

(2) There is created in the state department the community food assistance provider grant program. The purpose of the grant program is to aid eligible entities in the procurement and distribution of nutritious foods that meet the needs of the eligible entity's clientele.

(3) (a) The state department may contract with a third-party vendor to solicit, vet, award, and monitor grants. The selection of any vendor pursuant to this subsection (3)(a) is exempt from the requirements of the "Procurement Code", articles 101 to 112 of title 24.

(b) The state department is authorized to use up to five percent of the total funds appropriated to the grant program for the direct and indirect costs of administering and monitoring the grant program.

(4) (a) The state department or a third-party vendor shall award one or more grants to eligible entities as soon as practicable after July 1, 2024, using money appropriated to the grant program. In awarding grants, the state department shall, at a minimum, consider:

(I) Providing money to a wide array of eligible entities of different types and sizes;

(II) Ensuring that money goes directly to eligible entities that operate in a variety of regions throughout the state;

(III) The ability of each eligible entity to responsibly distribute the grant money in a timely manner;

(IV) The eligible entity's willingness to administer a client-needs survey as a vehicle for collecting input on the efficacy of its grant award; and

(V) The ability of the eligible entity to solicit and accept feedback from the state department to inform implementation of the grant program in the future.

(b) Grant awards, including those to joint applicants, must be at least two thousand five hundred dollars.

(c) (I) To the extent practicable, food purchased by a grant recipient using grant money may be either:

(A) A Colorado agricultural product; or

(B) An agricultural product that holds cultural significance for Indigenous people, or for other cultures or subcultural groups, including the ways in which those agricultural products are produced.

(II) A grant recipient may use up to ten percent of the grant award to cover the direct expenses associated with the distribution of food, including:

(A) Transportation;

(B) Food delivery;

(C) Staff costs;

(D) Refrigeration; and

(E) Storage.

(III) A grant recipient shall not resell or apply other associated fees to the distribution of products purchased with money made available through a grant.

(5) Beginning in state fiscal year 2024-25, and each state fiscal year thereafter, the state department shall include as part of its "SMART Act" hearing required by section 2-7-203 a report that includes, at a minimum:

(a) The total number of eligible entities that applied for grants pursuant to this section;

(b) The total number of eligible entities that received a grant pursuant to this section;

(c) The total amount of money awarded to each eligible entity that received a grant pursuant to this section;

(d) The geographic locations of the eligible entities that received a grant pursuant to this section; and

(e) The estimated amount of food purchased and distributed to clientele for each eligible entity that received a grant pursuant to this section.

(6) This section is repealed, effective September 1, 2029.
C.R.S. § 26-1-121.5 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-121.5
26-1-121.5. Public assistance funding model - workload study - evaluation - report - definit
Status: repealed

26-1-121.5. Public assistance funding model - workload study - evaluation - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Funding model" means the county administration of public and medical assistance programs funding model to determine the appropriate level of funding for each county required to make eligibility determinations regarding participation in a public assistance program.

(b) "Medical assistance programs" means the following public assistance programs administered by the department of health care policy and financing: The medical assistance program, established in articles 4, 5, and 6 of title 25.5, including long-term care services; the children's basic health plan, established in article 8 of title 25.5; and the old age pension health and medical care program described in section 25.5-2-101.

(c) "Public assistance programs" means the programs of public assistance administered by the state department pursuant to article 2 of this title 26.

(2) Repealed.

(3) (a) On or before January 2, 2024, the state department shall enter into an agreement with an outside entity to develop a county administration of public and medical assistance programs funding model to determine the amount of money necessary to fund the administration of public and medical assistance programs in each county. The outside entity may be the same entity as the third party that performs the comprehensive assessment described in subsection (2) of this section.

(b) The outside entity shall work with the state department, the department of health care policy and financing, and county departments to determine the appropriate process and data to be used in the development of the funding model.

(c) On or before July 1, 2024, the outside entity shall develop the funding model for fiscal year 2025-26.

(d) On or before November 1, 2024, the state department shall submit the results of the funding model to the joint budget committee, the department of health care policy and financing, and the county departments.

(e) This subsection (3) is repealed, effective June 30, 2026.

(4) (a) On or before July 1, 2025, and on or before July 1 every third year thereafter, the state department shall enter into an agreement with an outside entity to annually update and modify the funding model. The outside entity may be the same entity that developed prior versions of the funding model. The outside entity shall develop each update in consultation with the state department, the department of health care policy and financing, and the county departments.

(b) On or before November 1, 2025, and on or before November 1 of each year thereafter, the state department shall submit the results of the funding model to the joint budget committee, the department of health care policy and financing, and the county departments.

(5) The funding model must include:

(a) The number of eligibility staff, lead workers, supervisors and managers, customer service staff, quality assurance staff, program integrity staff, investigators, claims establishment and collections staff, appeals staff, attorneys, and additional support staff necessary for a county to perform all responsibilities required by state and federal law, and must include a component that considers the various resources, including financial resources, required to effectively hire, train, and retain staff in their respective areas of responsibility associated with public and medical assistance programs;

(b) Demographic data, including poverty statistics, and state and local economic drivers, including staff compensation, at both the county and regional levels, that may influence the overall cost of delivering public and medical assistance programs in each county;

(c) The estimated administrative workload for each county to make public assistance program eligibility determinations, to be funded by the money allocated to counties pursuant to section 26-1-122;

(d) A component that supports business process improvements as described in section 26-1-122.3 (1)(b)(IX) in each county; and

(e) Any modifications to the public and medical assistance program system that have been implemented by the department or the department of health care policy and financing, including those that may have been recommended by the third party pursuant to subsection (2)(b) of this section and provided to the joint budget committee pursuant to subsection (2)(c) of this section.

(6) (a) The joint budget committee shall use the results of the funding model to inform its decisions regarding the amount of the appropriation to the state department for county administration of public assistance programs and the amount of the appropriation to the department of health care policy and financing for county administration of medical assistance programs.

(b) The state department shall allocate money to counties for public assistance programs in accordance with the results of the funding model. The department of health care policy and financing shall allocate money to counties as permitted by state and federal law for medical assistance programs informed by the results of the funding model. If the appropriation made for a fiscal year to either department is not equal to the amount necessary to fully fund the allocations required by the funding model, the affected department shall adjust the allocation to each county to ensure that the funding made available to all counties does not exceed the annual appropriation.

(7) (a) On or before November 15, 2026, and on or before November 15 of each year thereafter, the state department and the department of health care policy and financing shall submit a joint report regarding the funding model to the joint budget committee. The report must include the following information concerning the previous fiscal year:

(I) The results of the funding model, including the cost per county necessary to meet all state and federal requirements for the comprehensive delivery of public assistance benefits and medical assistance benefits;

(II) The total amount appropriated for public assistance programs to the state department and for medical assistance programs to the department of health care policy and financing, and the difference between each county's actual allocation and the allocation amount identified by the funding model;

(III) The final close-out for the previous fiscal year;

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

(V) A description of any assessment performed of county business processes and workflow and a description of modifications made by a county that have improved or are intended to improve workflow and the timelines of eligibility determinations, client satisfaction, and workforce retention; and

(VI) Any other issues related to funding the delivery of public and medical assistance benefits.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement described in this subsection (7) continues indefinitely.
C.R.S. § 26-6-910 — CO Code / Title 26 / Article 6 / Part 9 / Section 26-6-910
26-6-910. Certification and annual recertification of foster care homes and kinship foster
Status: in_force

26-6-910. Certification and annual recertification of foster care homes and kinship foster care homes by county departments and licensed child placement agencies - background and reference check requirements - rules - definition. (1) This section applies to foster care homes, including kinship foster care homes, certified by county departments or licensed child placement agencies. Except as otherwise provided in subsection (4) of this section, this section does not apply to foster care homes that are licensed by the state department pursuant to the requirements of section 26-6-905 and that do not receive money from the counties or children placed by the counties. A foster care home licensed by the state department must undergo all of the background checks and requirements set forth in section 26-6-905 or as otherwise stated in this part 9.

(2) A person operating a foster care home or kinship foster care home shall obtain a certificate to operate the home from a county department or a child placement agency licensed pursuant to this part 9. A certificate is considered a license for the purpose of this part 9, including but not limited to the investigation and criminal history background checks required pursuant to this section and section 26-6-912. Each certificate must be in the form prescribed and provided by the state department, certify that the person operating the foster care home is a suitable person to operate a foster care home or kinship foster care home or provide care for a child, and contain any other information that the state department requires. A child placement agency issuing or renewing any such certificate shall notify the state department about the certification in a method and time frame as set by rule adopted by the state board.

(3) A foster care home or kinship foster care home, when certified by a county department or licensed child placement agency, may receive for care a child from a source other than the certifying county department or child placement agency upon the written consent and approval of the certifying county department or child placement agency.

(4) A county department or licensed child placement agency may certify a facility as a foster care home that is also licensed as a family child care home, as defined in section 26.5-5-303, by the department of early childhood so long as the licensure and certification are provided by two separate licensing entities.

(5) Prior to issuing a certificate or a recertification to an applicant to operate a foster care home or kinship foster care home, a county department or a child placement agency licensed pursuant to the provisions of this part 9 shall conduct the following background checks for the applicant for a certificate, a person employed by the applicant, or a person who resides at the facility or the home:

(a) A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine if the applicant, employee, or a person who resides at the facility or the home has been convicted of:

(I) Child abuse, as specified in section 18-6-401;

(II) A crime of violence, as defined in section 18-1.3-406;

(III) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);

(IV) A felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3;

(V) A felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a certificate;

(VI) A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years preceding the date of the application for the certificate; or

(VII) An offense in another state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section;

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

(c) A check of the state department's automated database for information to determine if the person, employee, or person who resides at the facility or the home has been identified as having a finding of child abuse or neglect and whether the finding has been determined to present an unsafe placement for a child;

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

(e) When the results of a fingerprint-based criminal history record check or any other record check performed pursuant to this subsection (5) reveal a record of arrest without a disposition, the county department or licensed child placement agency shall require the person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(5.5) Prior to issuing a certificate or subsequent certificate to an applicant to operate a kinship foster care home pursuant to this part 9 and rules promulgated by the state board, a county department or a child placement agency shall conduct a fingerprint-based criminal history record check through the Colorado bureau of investigation pursuant to section 19-3-406 or 26-6-910. The applicant shall pay, unless otherwise paid by a county department, the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.

(6) A county department or a child placement agency licensed pursuant to this part 9 shall not issue a certificate to operate, or a recertification to operate, a foster care home or kinship foster care home and shall revoke or suspend a certificate if the applicant for the certificate, a person employed by the applicant, or a person who resides at the facility or home:

(a) Has been convicted of any of the crimes listed in subsection (5)(a) of this section as verified through a fingerprint-based criminal history record check, a name-based judicial record check, if necessary, and a check of the ICON system at the state judicial department;

(b) Has been identified as having a finding of child abuse or neglect through a check of the state department's automated database and such finding has been determined to present an unsafe placement for a child;

(c) Is a registered sex offender in the sex offender registry created pursuant to section 16-22-110 or is a registered sex offender in another state as determined by a check of the national sex offender public registry operated by the United States department of justice; except that this provision does not apply to an adult resident who has been placed in the foster care facility or home for treatment under an adult child waiver. The sex offender registry checks must check the known names and addresses of the applicant, employee, or a person who resides at the facility or the home in the interactive database system for Colorado and in the national sex offender public registry against all of the registrant's known names and addresses.

(7) As used in this section, "convicted" means a conviction by a jury or by a court and includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, or a plea of guilty or nolo contendere; except that this does not apply to a diversion or deferral or plea for a juvenile who participated in diversion, as defined in section 19-2.5-102, and does not apply to a diversion or deferral or plea for a person who participated in and successfully completed the child abuse and child neglect diversion program, as described in section 19-3-310.

(8) (a) The convictions identified in subsections (5)(a) and (6)(a) of this section must be determined according to the records of the Colorado bureau of investigation or the federal bureau of investigation and the ICON system at the state judicial department. The screening request in Colorado must be made pursuant to section 19-1-307 (2)(k.5), rules promulgated by the state board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(20). A certified copy of the judgment of a court of competent jurisdiction of the conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of a conviction or agreement.

(b) The county department or licensed child placement agency shall not issue a certificate to operate a foster care home or a kinship foster care home if the state department or the county department has a certified court order from another state indicating that the person applying for the certificate:

(I) Has been convicted of child abuse or any unlawful sexual offense against a child under a law of another state or the United States, the elements of which are substantially similar to the elements of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section; or

(II) Has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child, the elements of which are substantially similar to the elements of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section.

(9) Notwithstanding any other provision of this part 9, a person shall not operate a foster care home or kinship foster care home that is certified by a county department or by a licensed child placement agency if the person is a relative of an employee of the child welfare division or unit of the county department certifying the foster care home or kinship foster care home or a relative of an owner, officer, executive, member of the governing board, or employee of the child placement agency certifying the foster care home or kinship foster care home. If the person files an application with a county department or a child placement agency that would violate this subsection (9) by certifying the foster care home or kinship foster care home, the county department or child placement agency shall refer the application to another county department or child placement agency. Unless otherwise prohibited, the county department or child placement agency to which the application is referred may certify and supervise a foster care home or kinship foster care home operated by the person. The county department that referred the application may place a child in the county-certified foster care home or kinship foster care home upon written agreement of the two county departments.

(10) Notwithstanding any other provision of this part 9, an owner, officer, executive, member of the governing board, or employee of a child placement agency licensed pursuant to this part 9 or a relative of said owner, officer, executive, member, or employee, shall not hold a beneficial interest in property operated or intended to be operated as a foster care home or kinship foster care home, when the property is certified by the child placement agency as a foster care home or kinship foster care home.

(11) A county department or licensed child placement agency may issue a one-time provisional certificate for a period of six months to an applicant for an original certificate that permits the applicant to operate a foster care home or kinship foster care home if the applicant is temporarily unable to conform to all of the standards required pursuant to this part 9 upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. The applicant has a right to appeal to the state department any standard that the applicant believes presents an undue hardship or has been applied too stringently by the county department or licensed child placement agency. Upon the filing of an appeal, the state department shall proceed in the manner prescribed for licensee appeals in section 26-6-909 (4).

(12) A county department or child placement agency shall issue a one-time provisional certificate at a location for a kinship foster care home for a period of six months upon the applicant's request and the successful completion of a fingerprint-based criminal history record check. The one-time provisional certificate permits the applicant to operate the kinship foster care home if the applicant is temporarily unable to conform to all required standards. This is an exception to subsection (11) of this section, which allows the use of provisional certificates. The state department shall promulgate rules for the operation of this subsection (12).

(13) The state board shall promulgate rules to modify the standards for kinship foster care homes to remove non-safety standards, in accordance with state or federal law.
C.R.S. § 26-13-128 — CO Code / Title 26 / Article 13 / Section 26-13-128
26-13-128. Agreements with financial institutions - data match system - limited liability -
Status: in_force

26-13-128. Agreements with financial institutions - data match system - limited liability - definitions. (1) The general assembly authorizes the state department, or its agent, to design and implement a program pursuant to this section. The state department, or its agent, and financial institutions doing business in the state shall enter into agreements to effectuate the purpose of this section. The executive director may request and shall receive from such financial institutions or any state entity, such as a department, board, or agency of the state or any of its political subdivisions, the information and action described in this section.

(2) (a) The purpose of the program authorized by this section shall be to develop and operate, in coordination with such financial institutions and state entities, a data match system, using automated data exchanges, to the maximum extent feasible.

(b) The data match required by paragraph (a) of this subsection (2) shall be conducted quarterly.

(c) The state department shall provide to the financial institutions or any state entity the name, record address, and social security number of any person who owes past-due child support, as identified by the state.

(d) The agreement required pursuant to subsection (1) of this section shall provide that the data match be performed by the financial institution or state entity within forty-five days after the receipt of the informational electronic or magnetic data. The agreement shall also provide that the data be returned in electronic or magnetic form within three business days after the match is conducted. The financial institution or state entity shall include information concerning all accounts where a data match occurs, including but not limited to information regarding account numbers, account types, joint accounts, partnership accounts, sole proprietorship accounts, custodial accounts, and commercial accounts. The child support enforcement agency shall make a reasonable effort to accommodate those financial institutions upon which the requirements of this subsection (2) would pose a hardship.

(e) The financial institution or state entity, in response to a notice of lien or levy from the state department, shall encumber or surrender assets, except for custodial accounts created pursuant to the "Colorado Uniform Transfers to Minors Act", article 50 of title 11, C.R.S., funds in escrow and trust accounts of moneys held in trust for a third party, held by such institution or entity on behalf of any obligor parent who is subject to a child support lien, subject to any right of setoff the financial institution may have against such assets. Before the financial institution surrenders any assets of the obligor parent to the state department, the financial institution may apply, at the sole discretion of the financial institution, any assets held by the financial institution on behalf of the obligor parent against the balance of any amounts owed by the obligor parent to the financial institution, regardless of whether the obligor parent is in default under any agreement with the financial institution or whether any payments are currently due to the financial institution. Service of a notice of lien or levy pursuant to this subsection (2) shall be made by United States first-class mail and, in addition, may be made by United States registered or certified mail, return receipt requested, the cost for which may be withheld by the financial institution or state entity from the account of the obligor parent.

(3) Notwithstanding any other provision of federal or state law, a financial institution or state entity shall not be liable under any federal, state, or local law to any person for any disclosure of information to the state department for the purpose of establishing, modifying, or enforcing a child support obligation of an individual, or for encumbering, holding, refusing to release to the obligor, surrendering, or transferring any assets held by such financial institution or state entity in response to a notice of lien or levy issued by the state department or for any other action taken in good faith to comply with the requirements of this section regardless of whether such action was specifically authorized or described by this section. A financial institution shall not be required to give notice to an account holder or customer of the financial institution concerning whom the financial institution has provided information or taken any action pursuant to this section. The financial institution shall not be liable for the failure to provide such notice.

(4) The state department shall assure, through rules of the state board, that there are appropriate procedures to be followed by the state department or the delegate child support enforcement unit with respect to certain special types of financial institution accounts, including but not limited to joint, partnership, sole proprietorship, custodial, and commercial accounts, which rules shall identify factors the delegate child support enforcement unit shall consider in determining whether to attach the account or any portion of such account. Such rules shall specifically provide that custodial accounts created pursuant to the "Colorado Uniform Transfers to Minors Act", article 50 of title 11, C.R.S., and trust accounts of moneys held in trust for a third party shall not be attached, encumbered, or surrendered for purposes of enforcing support.

(5) The state department, after obtaining a financial record of an individual from a financial institution pursuant to this section, may disclose such financial record only for the purpose of and to the extent necessary to establish, modify, or enforce a child support obligation of such individual. If a state officer, employee, or authorized agent of the state knowingly, or by reason of negligence, discloses a financial record of an individual in violation of this subsection (5), such individual may bring a civil action for damages against the officer, employee, or authorized agent of the state pursuant to 42 U.S.C. sec. 669A (c).

(6) A financial institution shall be entitled to a reasonable fee in the amount of five cents per name per quarter, not to exceed its costs, for fulfilling the requirements of subsection (2) of this section.

(7) For purposes of this section:

(a) (I) "Account" includes:

(A) A deposit account;

(B) A demand deposit account;

(C) A checking account;

(D) A negotiable withdrawal order account;

(E) A savings account;

(F) A certificate of deposit;

(G) A passbook account;

(H) A time and term deposit account;

(I) A share account;

(J) A share draft account;

(K) A share certificate of deposit;

(L) A money market share account;

(M) A money market mutual fund account;

(N) A "N.O.W." account; or

(O) A similar account.

(II) "Account" shall also include:

(A) An interest in a mutual fund, a brokerage account, a fixed-rate annuity, a variable-rate annuity, a whole life insurance product, a universal life insurance product, a variable universal life insurance product, a fiduciary account, a trust account, or similar account;

(B) The securities of or issued by an investment company registered under the federal "Investment Company Act of 1940", a unit investment trust, a real estate investment trust, a commodity pool operator, a future commission merchant, or an introducing broker registered under the federal "Commodity Exchange Act", a general or limited partnership, or a similar entity; and

(C) Property, including funds held in or payable from any pension or retirement plan or deferred compensation plan, including a plan in which the debtor has received benefits or payments, has the present right to receive benefits or payments, or has the right to receive benefits or payments in the future and including a pension or plan that qualifies under the federal "Employee Retirement Income Security Act of 1974" as an employee pension benefit plan as defined in 29 U.S.C. sec. 1002, any individual retirement account, as defined in 26 U.S.C. sec. 408, and any plan as defined in 26 U.S.C. sec. 410 and as these plans may be amended from time to time, or any similar plan under state or local law.

(b) "Financial institution" includes:

(I) A state or nationally chartered bank, bank and trust company, trust company, savings and loan association, savings bank, or credit union;

(II) An investment company registered under the federal "Investment Company Act of 1940", a securities dealer, a commodity pool operator, a future commission merchant, or an introducing broker registered under the federal "Commodity Exchange Act", or other legal entity engaged in the business of buying or selling securities;

(III) A benefit association, a life insurance company, a safe deposit company, or a state repository of moneys held for individuals; and

(IV) Any similar entity doing business in this state.

(c) "Financial record" has the meaning given such term in section 1101 of the federal "Right to Financial Privacy Act of 1978", 12 U.S.C. sec. 3401.
C.R.S. § 26-1-127 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-127
26-1-127. Fraudulent acts
Status: repealed

26-1-127. Fraudulent acts. (1) Any person who obtains or any person who willfully aids or abets another to obtain public assistance or vendor payments or medical assistance as defined in this title 26 or child care assistance as described in part 1 of article 4 of title 26.5 to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, commits the crime of theft, which crime is classified in accordance with section 18-4-401 (2) and which crime is punished as provided in section 18-1.3-401 if the crime is classified as a felony, or section 18-1.3-501 if the crime is classified as a misdemeanor. To the extent not otherwise prohibited by state or federal law, any person violating the provisions of this subsection (1) is disqualified from participation in the program pursuant to article 2 of this title 26 or part 1 of article 4 of title 26.5 in which a recipient is found to have committed an intentional program violation for one year for a first offense, two years for a second offense, and permanently for a third or subsequent offense. Such disqualification is mandatory and is in addition to any other penalty imposed by law.

(1.5) To the extent not otherwise prohibited by state or federal law, any person against whom a county department of human or social services, the state department, or the department of early childhood obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain public assistance or vendor payments or medical assistance as defined in this title 26 or child care assistance as described in part 1 of article 4 of title 26.5 to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, is disqualified from participation in the program pursuant to article 2 of this title 26 or part 1 of article 4 of title 26.5 in which a recipient is found to have committed an intentional program violation for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualification is mandatory and is in addition to any other remedy available to a judgment creditor.

(2) (a) If, at any time during the continuance of public assistance pursuant to this title 26 or child care assistance pursuant to part 1 of article 4 of title 26.5, the recipient acquires any property or receives any increase in income or property, or both, in excess of that declared at the time of determination or redetermination of eligibility or if there is any other change in circumstances affecting the recipient's eligibility, it shall be the duty of the recipient to notify the county department within thirty days in writing or take steps to secure county assistance to prepare such notification in writing of the acquisition of such property, receipt of such income, or change in such circumstances; and any recipient of such public assistance who knowingly fails to do so commits a petty offense and shall be punished as provided in section 18-1.3-503. If such property or income is received infrequently or irregularly and does not exceed a total value of ninety dollars in any calendar quarter, such property or income is excluded from the thirty-day written reporting requirement but must be reported at the time of the next redetermination of eligibility of a recipient.

(b) The county departments shall use an application form which contains appropriate and conspicuous notice of the penalties for fraud and shall deliver to each recipient, with the first check and each redetermination thereafter, a notice explaining what changes in circumstances require written notification to the county department under paragraph (a) of this subsection (2). The county department shall make available suitable forms which may be used for the purposes of this notification.

(3) Any recipient or vendor who falsifies any report required pursuant to this title 26 or part 1 of article 4 of title 26.5 commits a petty offense and is punished as provided in section 18-1.3-503.

(4) Subject to available appropriations, additional costs incurred by the district attorneys in enforcing this section shall be billed to the county departments in the judicial district in such proportion for each county as specified in section 20-1-302, C.R.S., and the county departments shall pay such costs as an expense of public assistance administration.

(5) Notwithstanding the provisions of this section, the state department, county departments, or district attorney may elect, in the alternative, to prosecute under the general criminal statutes.

(6) Repealed.
C.R.S. § 26-6-916 — CO Code / Title 26 / Article 6 / Part 9 / Section 26-6-916
26-6-916. Institutes
Status: in_force

26-6-916. Institutes. The department may hold institutes and programs for licensees under this part 9 to assist in the improvement of standards and practices of facilities operated and maintained by licensees and in the more efficient and practical administration and enforcement of this part 9. In conducting the institutes and programs, the department may request the assistance of health, education, and fire safety officials.
C.R.S. § 26-2-722 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-722
26-2-722. Legislative oversight committee - created - repeal
Status: repealed

26-2-722. Legislative oversight committee - created - repeal. (Repealed)
C.R.S. § 26-13-116 — CO Code / Title 26 / Article 13 / Section 26-13-116
26-13-116. Debt information made available to consumer reporting agencies - notice to noncu
Status: in_force

26-13-116. Debt information made available to consumer reporting agencies - notice to noncustodial parent - fees - rules - definitions. (1) For purposes of this section, "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

(2) (Deleted by amendment, L. 97, p. 1295, § 38, effective July 1, 1997.)

(2.5) (a) The child support enforcement agency may provide information to consumer reporting agencies regarding child support obligations pursuant to federal law.

(b) (Deleted by amendment, L. 97, p. 1295, § 38, effective July 1, 1997.)

(3) Prior to furnishing any information pursuant to subsection (2.5) of this section, the child support enforcement agency shall provide advance notice to the obligor parent regarding the proposed release of the information to the consumer reporting agency. Such notice shall contain an explanation of the obligor parent's right to contest the accuracy of the information to be released.

(4) (Deleted by amendment, L. 96, p. 617, § 22, effective July 1, 1996.)

(5) The state board shall promulgate rules, pursuant to section 24-4-103, to implement this section, including but not limited to procedures for contesting the accuracy of the information listed on the notice. The rules shall be in addition to any rights that a person may have to contest a consumer reporting agency report pursuant to sections 5-18-110 to 5-18-117.
C.R.S. § 26-1-311 — CO Code / Title 26 / Article 1 / Part 3 / Section 26-1-311
26-1-311. Repeal
Status: repealed

26-1-311. Repeal. (Repealed)
C.R.S. § 26-1-132 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-132
26-1-132. Department of human services - rate setting - residential treatment service prov
Status: repealed

26-1-132. Department of human services - rate setting - residential treatment service providers - monitoring and auditing - report. (1) In conjunction with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e), (6)(g), and (6)(i) to review the rate-setting process for child welfare services, the state department shall develop a rate-setting process consistent with medicaid requirements for providers of residential treatment services in Colorado. The department of health care policy and financing shall approve the rate-setting process for rates funded by medicaid. The rate-setting process developed pursuant to this section may include:

(a) A range that represents a base-treatment rate for serving a child who is subject to out-of-home placement due to dependency and neglect, a child placed in a residential child care facility pursuant to the "Children and Youth Mental Health Treatment Act", article 67 of title 27, or a child who has been adjudicated a delinquent, which includes a defined service package to meet the needs of the child;

(b) A request for proposal to contract for specialized service needs of a child, including but not limited to: Substance use disorder treatment and recovery services, sex offender services, and services for the intellectually and developmentally disabled; and

(c) Negotiated incentives for achieving outcomes for the child as defined by the state department, counties, and providers.

(2) In auditing residential treatment providers, the state department shall apply compliance requirements and monitoring functions consistently across all division and monitoring teams.

(3) The rate-setting process developed by the state department, counties, and providers and approved by the department of health care policy and financing pursuant to subsection (1) of this section shall include a two- or three-year implementation timeline with implementation beginning in state fiscal year 2008-09.

(4) (a) Repealed.

(b) The department of health care policy and financing and the state department, in consultation with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e) to review the rate-setting process for child welfare services, shall review the rate-setting process every two years and shall submit any changes to the joint budget committee of the general assembly.

(5) The state department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall develop a capacity plan for whenever a residential treatment facility for children and youth that is licensed by the state department closes or has a substantive change in operation. The state department shall include updates on the capacity plan during the state department's "SMART Act" hearing.
C.R.S. § 26-2-1003 — CO Code / Title 26 / Article 2 / Part 10 / Section 26-2-1003
26-2-1003. Definitions
Status: in_force

26-2-1003. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Charitable donor" means a person who contributes to a sponsoring organization for the purposes of the IDA program.

(2) "Financial institution" means an organization that is federally insured and is authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.

(3) "Individual development account" means a contract of deposit between a depositor and a financial institution selected by a sponsoring organization.

(4) "Program" or "IDA program" means the individual development account program established pursuant to this part 10.

(5) "Service provider" means an institution of higher education; a provider of occupational or career and technical education; a trade school; a bank, savings and loan, or other mortgage lender; a title company; or the lessor or vendor of any office supplies, office equipment, retail space or office space or other business space, or such other provider of goods or services to be used for the commencement of a business.

(6) "Sponsoring organization" means a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, that participates in IDA programs, and that verifies authorized use of individual development accounts.