CO Code § 26-1-109 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 1 - Department of Human Services|Part 1 - General Provisions|§ 26-1-109. Cooperation With Federal Government - Grants-in-Aid

  The state department of human services shall be the sole state agency for administering the state plans for public assistance and welfare, including but not limited to assistance payments; food stamps; social services; child welfare services; rehabilitation; and programs for the aging in cooperation with the federal government; the Colorado works program; and any other state plan relating to such public assistance and welfare that requires state action that is not specifically the responsibility of some other state department, division, section, board, commission, or committee under the provisions of federal or state law.      The state department of human services may accept on behalf of the state of Colorado the provisions and benefits of acts of congress designed to provide funds or other property for particular public assistance and welfare activities within the state, including but not limited to assistance payments; food stamps; social services; child welfare services; rehabilitation; and programs for the aging; which funds or other property are designated for such purposes within the function of the state department, and may accept on behalf of the state any offers which have been or may from time to time be made of funds or other property by any persons, agencies, or entities for particular public assistance and welfare activities within the state, which funds or other property are designated for such purposes within the function of the state department; but, unless otherwise expressly provided by law, such acceptance shall not be manifested unless and until the state department has recommended such acceptance to and received the written approval of the governor and the attorney general. Such approval shall authorize the acceptance of the funds or property in accordance with the restrictions and conditions and for the purpose for which funds or property are intended.    The state treasurer is designated as ex officio custodian of all public assistance and welfare funds received by the state from the federal government and from any other source, if the approval provided for in paragraph (a) of this subsection (2) has been obtained.    The state treasurer shall hold each such fund separate and distinct from state funds and is authorized to make disbursements from such funds for the designated purpose or for administrative costs, which may be provided in such grants, upon warrants issued by the state controller upon the voucher of the state department.       The state department shall cooperate with the federal department of health, education, and welfare and other federal agencies in any reasonable manner, in conformity with the laws of this state, which may be necessary to qualify for federal aid, including the preparation of state plans, the making of reports in such form and containing such information as any federal agency may from time to time require, and the compliance with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of the reports.    In administering any funds appropriated or made available to the state department for public assistance and welfare activities, the state department has the power to:   Require as a condition for receiving grants-in-aid that each county in this state shall bear the proportion of the total expense of furnishing public assistance and food stamps as is fixed by law relating to such assistance;    Terminate any grants-in-aid to any county of this state if the laws and regulations providing such grants-in-aid and the minimum standards prescribed by rules of the state department thereunder are not complied with;    Undertake forthwith the administration of any or all public assistance and food stamp activities within any county of this state which has had any or all of its grants-in-aid terminated pursuant to paragraph (b) of this subsection (4); but the county shall continue to meet the requirements of paragraph (a) of this subsection (4);    Recover any moneys owed by a county to the state by reducing the amount of any payments due from the state in connection with any program or activity;    Take any other action which may be necessary or desirable for carrying out the provisions of this title. (4.5) In addition to the powers granted the state department in subsection (4) of this section, the state department shall take necessary measures to obtain increased federal reimbursement money available under the Title IV-E program created under the federal “Social Security Act”, as amended, based on the out-of-home placements, foster care prevention services, as defined in section 26-5.4-102 (1) , and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which money shall be allocated to county departments in proportion to each county's eligible placements, to help defray program costs. Nothing in this subsection (4.5) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government.       The rules of the state department may include provisions to accommodate requirements of contracts entered into between the state department and the federal department of health, education, and welfare for studies of guaranteed annual income or other forms of income maintenance research projects; and for such purpose the requirements of this title as to eligibility for public assistance shall not apply for the term of and in accordance with the contract for such purpose. No program shall be initiated or carried out under the authorization contained in this subsection (5) in a manner that will increase the welfare burden upon any county or city and county, and, if such a program is conducted in the Denver area, it shall be conducted within an area no smaller than the Denver S.M.S.A. (standard metropolitan statistical area) as defined by the United States bureau of the census.    to (9) Repealed.      History. Source: L. 73: R&RE, p. 1163, § 1. C.R.S. 1963: § 119-1-8. L. 75: (4)(a) and (4)(c) amended and (4)(d) and (4)(e) added, p. 885, § 1, effective July 1; (6) to (9) repealed, p. 893, § 14, effective July 28. L. 79: (1) and (2)(a) amended, p. 1080, § 2, effective July 1. L. 91: (4.5) added, p. 1769, § 1, effective April 20. L. 93: (1) and (2)(a) amended, p. 1141, § 80, effective July 1, 1994. L. 97: (1) and (5) amended, p. 1220, § 3, effective July 1. L. 2006: (1) and (2)(a) amended, p. 1987, § 11, effective July 1. L. 2019: (4.5) amended,(HB 19-1308), ch. 256, p. 2460, § 7, effective August 2. History. Source: L. 73: R&RE, p. 1163, § 1. C.R.S. 1963: § 119-1-8. L. 75: (4)(a) and (4)(c) amended and (4)(d) and (4)(e) added, p. 885, § 1, effective July 1; (6) to (9) repealed, p. 893, § 14, effective July 28. L. 79: (1) and (2)(a) amended, p. 1080, § 2, effective July 1. L. 91: (4.5) added, p. 1769, § 1, effective April 20. L. 93: (1) and (2)(a) amended, p. 1141, § 80, effective July 1, 1994. L. 97: (1) and (5) amended, p. 1220, § 3, effective July 1. L. 2006: (1) and (2)(a) amended, p. 1987, § 11, effective July 1. L. 2019: (4.5) amended,(HB 19-1308), ch. 256, p. 2460, § 7, effective August 2.    Cross references:   For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.   ANNOTATION   Code funding scheme constitutional. The counties retain sufficient control over the funds raised by levy under the code to be deemed the taxing authorities so that, since the levies fall uniformly upon the same class of property within each county, the funding scheme does not violate the constitutional provision requiring uniformity of taxation. State Dept. of Soc. Servs. v. Bd. of County Comm'rs, 697 P.2d 1 (Colo. 1985).   Financing provisions of social services code not violative of equal protection because a rational relationship exists between the requirement that local entities must support a portion of the costs of programs serving the disadvantaged within their localities and the purposes of the code. State Dept. of Soc. Servs. v. Bd. of County Comm'rs, 697 P.2d 1 (Colo. 1985).   County is arm of state. A county, as used in this section, is assigned its traditional role as an arm of the state, existing only for the convenient administration of the state government and to carry out the will of the state. Bd. of County Comm'rs v. State Bd. of Soc. Servs., 186 Colo. 435 , 528 P.2d 244 (1974).   A county board does not have standing to compel a state department to reduce its statewide expenditures. A county board is an agent of the state. Romer v. Bd. of County Comm'rs of the County of Pueblo, 956 P.2d 566 (Colo. 1998).   For discussion of history of Colorado welfare programs and current public assistance financing scheme, see State Dept. of Soc. Servs. v. Bd. of County Comm'rs, 697 P.2d 1 (Colo. 1985).