CO Code § 26-1-111 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 1 - Department of Human Services|Part 1 - General Provisions|§ 26-1-111. Activities of the State Department Under the Supervision of the Executive Director - Cash Fund - Report - Rules - Statewide Adoption Resource Registry

  The state department, under the supervision of the executive director, is charged with the administration or supervision of all the public assistance and welfare activities of the state, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging and for veterans, which activities as enumerated are declared to be state as well as county purposes.    The state department, under the supervision of the executive director, shall:   Administer or supervise all forms of public assistance and welfare, including but not limited to assistance payments, food stamps, and social services under programs for old age pensions except for the old age pension health and medical care program, and shall also administer and supervise the Colorado works program, aid to the blind, aid to the needy disabled, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, and such other public assistance and welfare activities as may be vested in the state department pursuant to law;    Administer or supervise the establishment, extension, and strengthening of child welfare services and other social services in cooperation with the federal department of health, education, and welfare and other state or federal agencies;    Administer the establishment, extension, and strengthening of rehabilitation programs and services, programs and services for the aging, and veterans' affairs activities in cooperation with the federal department of health, education, and welfare and other state or federal agencies;      Provide services to county governments including the organization and supervision of county departments for the effective administration of public assistance and welfare functions as set out in the rules of the executive director and the rules of the state board pursuant to section 26-1-107 as to program scope and content, including assistance payments, food stamps, and social services, and compilation of statistics and necessary information relative to assistance payments, food stamps, social services, child welfare services, including out-of-home placement services, rehabilitation, programs for the aging, and veterans' programs throughout the state, and obtaining federal reimbursement moneys available under the Title IV-E program created under the federal “Social Security Act”, as amended, based on out-of-home placements and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which moneys shall be allocated to counties to help defray the costs of performing its functions; except that nothing in this paragraph (d) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government. (d) (I) Provide services to county governments including the organization and supervision of county departments for the effective administration of public assistance and welfare functions as set out in the rules of the executive director and the rules of the state board pursuant to section 26-1-107 as to program scope and content, including assistance payments, food stamps, and social services, and compilation of statistics and necessary information relative to assistance payments, food stamps, social services, child welfare services, including out-of-home placement services, rehabilitation, programs for the aging, and veterans' programs throughout the state, and obtaining federal reimbursement moneys available under the Title IV-E program created under the federal “Social Security Act”, as amended, based on out-of-home placements and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which moneys shall be allocated to counties to help defray the costs of performing its functions; except that nothing in this paragraph (d) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government.    (A) For the fiscal year beginning July 1, 1991, the state department shall pay to each county an amount equal to all federal revenues earned by the state pursuant to Title IV-E of the federal “Social Security Act”, as amended, which exceed the amount necessary to fully fund program, training, and administrative costs that are reimbursed under Title IV-E for eligible services for the fiscal year beginning July 1, 1990, plus an amount necessary to fully fund the state foster care review program for the fiscal year beginning July 1, 1991. (C.5) and (D) Repealed.    (Deleted by amendment,L. 2004, p. 955, § 1, effective May 21, 2004.)       Prescribe the form of blanks necessary for applications, reports, affidavits, and such other forms as it may deem necessary and advisable;    Designate child placement agencies licensed pursuant to article 6 of this title or county departments to act as agents of the state department for the purpose of authorizing child care placement as set forth in section 26-1-107 (6)(e) and county departments to serve as agents of the state department in the performance of certain public assistance and welfare and related activities in the county;    Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this title;    Act as the agent of the federal government in public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging, in matters of mutual concern in conformity with this title and in the administration of any federal funds granted to the state to aid in the furtherance of any functions of the state department;    Administer such additional public assistance and welfare activities and functions as may be vested in it pursuant to law;       (Deleted by amendment,L. 93, p. 1111, § 24, effective July 1, 1994.)    Repealed.    (Deleted by amendment,L. 97, p. 1220, § 4, effective July 1, 1997.)       (Deleted by amendment,L. 93, p. 1111, § 24, effective July 1, 1994.)    Carry out the duties prescribed in article 11.7 of title 16, C.R.S.;    Promulgate rules in accordance with section 19-3-308 (1), C.R.S., for determining the risk of harm to a child who is the subject of a child abuse and neglect report setting forth the appropriate response by the county departments to such risks;    Adopt standards for conducting videotaped child abuse interviews in accordance with section 19-3-308.5 (3), C.R.S.;    Promulgate rules in accordance with section 19-3-211, C.R.S., for establishing a conflict resolution process for resolving grievances against the county departments concerning responses to reports of child abuse and neglect and the performance of duties pursuant to article 3 of title 19, C.R.S. The rules must take into account and allow for any subsequent locally developed grievance procedures that apply to a locally restructured human services system to ensure consistency within the system.    Administer early childhood programs in accordance with statute and rule and, where applicable, review applications submitted by entities to receive funding through the programs, award grants based on the applications, or in the case of the nurse home visitor program, applications selected by the health sciences center, and notify the state board of the grants awarded and the amounts of the grants. Participation in an early childhood program administered by the state department is voluntary. The early childhood programs are not designed or intended to interfere with the rights of parents to raise their children.    Coordinate prevention and intervention programs focused on positive youth development in accordance with state law and rules. The coordination must include the state youth development plan developed pursuant to section 26-6.8-103.5 that identifies key issues affecting youth to align strategic efforts and achieve positive outcomes for youth.       (Deleted by amendment,L. 93, p. 1111, § 24, effective July 1, 1994.)      The state department shall establish a statewide adoption resource registry which shall serve authorized or licensed child placement agencies, including, but not limited to, any agency, official, or court of the state or any of its political subdivisions authorized to place children and any other organizations or individuals whose purpose is to seek or assist in the adoptive placement of children who are listed or who may be listed in the adoption resource registry. As a means of recruiting adoptive families for children who have been legally freed for adoption by the termination of all parent-child legal relationships, including residual parental rights and responsibilities, and who are waiting for adoption in this state, such agencies and other organizations and individuals whose purpose is to seek or assist in the adoption of waiting children shall utilize any appropriate means to publicize the availability of such children. The statewide adoption resource registry shall include the age, sex, race or ethnic background of each child, a photograph of the child, and the child's social and medical history, psychological and emotional status, and known physical and mental impairments. It may also include any special services a child may need and physical descriptions, educational backgrounds, and known medical and emotional conditions of the child's parents and other relatives which may have developmental significance to the child. The statewide adoption resource registry shall be updated monthly.    (Deleted by amendment,L. 93, p. 1111, § 24, effective July 1, 1994.)    Unless otherwise exempted pursuant to rules adopted by the state board, each authorized or licensed child placement agency shall refer to the statewide adoption resource registry within ninety days of the termination of the parent-child legal relationship the name and a photograph and description of each child in its care, as required by regulations of the state board, who has been legally freed for adoption by the termination of the parent-child legal relationship and for whom no adoptive home has been found. The state board, in accordance with section 26-1-107 (6)(f), shall establish criteria by which an authorized or licensed child placement agency may determine that a child need not be listed with the registry. Such a child's name shall be forwarded to the state department by the authorized or licensed child placement agency, with reference to the specific reason for which the child was not placed with the registry. The state board shall establish procedures for periodic review of the status of such children in accordance with section 26-1-107 (6)(f). If the state department, in accordance with the criteria established by the state board, determines that adoption would be appropriate for a child not placed with the registry, the agency shall forthwith list the child. Each authorized or licensed child placement agency may voluntarily refer any child who has been legally freed for adoption.    Expenditures by a county department for the care and maintenance of a child who has not been referred to the statewide adoption resource registry in accordance with the requirements of this section shall not be subject to state reimbursement.       The state department, through the office of behavioral health in the state department, shall administer substance use disorder treatment programs set forth in articles 80, 81, and 82 of title 27.    and (7) Repealed.     (E) One hundred percent of the federal Title IV-E incentive funding received by the state for completion of timely interstate home studies shall be distributed to the county departments conducting the home studies. The Title IV-E incentives paid to the county departments pursuant to this sub-subparagraph (E) shall be divided and distributed according to the distribution formula set forth in rules to be promulgated by the state board no later than January 1, 2008. A county department receiving an incentive payment pursuant to this sub-subparagraph (E) shall expend those moneys for the provision of services allowed under Title IV-B and Title IV-E of the federal “Social Security Act”, as amended.    History. Source: L. 73: R&RE, p. 1166, § 1. C.R.S. 1963: § 119-1-10. L. 76: (2)(j) added, p. 665, § 1, effective May 7. L. 77: (2)(f) amended and (2)(k) added, p. 1005, § 5, effective May 16; (2)(j) R&RE, p. 1325, § 1, effective July 1; (4) added, p. 1327, § 1, effective July 1. L. 79: (4)(a) amended, p. 1090, § 1, effective May 25; (1), (2)(a), (2)(d), and (2)(h) amended, p. 1081, § 3, effective July 1. L. 83: (2)(l) added, p. 1238, § 2, effective July 1; (4)(c) amended, p. 2050, § 18, effective October 14. L. 85: (4)(a) amended, p. 935, § 1, effective April 24; (2)(l)(II) amended, p. 1063, § 2, effective May 22; (2)(j) amended, p. 1015, § 43, effective July 1. L. 87: (2)(k) amended, p. 821, § 38, effective October 1. L. 89: (2)(l) amended, p. 1188, § 1, effective March 15. L. 89, 1st Ex. Sess.: (2)(m) added, p. 38, § 2, effective July 25. L. 91: (2)(d) amended, p. 1769, § 2, effective April 20; (2)(l) repealed and (2)(n) added, pp. 1860, 936, §§ 1, 5, effective July 1. L. 91, 2nd Ex. Sess.: (2)(o) added, p. 80, § 1, effective October 16. L. 92: (2)(p) added, p. 462, § 8, effective June 2; (2)(j) amended, p. 1156, § 9, effective July 1. L. 93: (2)(o)(II) repealed, p. 332, § 1, effective April 12; (2)(q) and (2)(r) added, p. 1170, § 3, effective June 3; (2)(d)(II)(C) amended, p. 1683, § 1, effective June 6; (1), IP(2), (2)(c), (2)(d)(I), (2)(h), (2)(j), (2)(k), (2)(n), (2)(o), (3), (4)(b), and (4)(c) amended and (5) and (6) added, p. 1111, § 24, effective July 1, 1994. L. 94: (2)(s) added, p. 2084, § 2, effective June 3. L. 96: (2)(f) amended, p. 1474, § 28, effective June 1. L. 97: (2)(a) and (2)(m) amended, p. 1220, § 4, effective July 1. L. 2001: (2)(d)(III) added, p. 741, § 7, effective June 1; (7) added, p. 703, § 1, effective August 8. L. 2003: (2)(a) amended, p. 2585, § 7, effective July 1. L. 2004: (2)(d) amended, p. 955, § 1, effective May 21. L. 2006: (6) repealed, p. 1987, § 12, effective July 1. L. 2007: (2)(d)(II)(D) repealed, p. 757, § 8, effective May 10; (2)(d)(II)(E) added, p. 1020, § 11, effective May 22. L. 2009: (2)(d)(II)(C.5) added,(SB 09-264), ch. 204, p. 929, § 7, effective May 1. L. 2011: (5) amended,(HB 11-1303), ch. 264, p. 1169, § 70, effective August 10; (2)(a) amended,(SB 11-210), ch. 187, p. 722, § 9, effective July 15, 2012. L. 2012: (5) amended,(HB 12-1311), ch. 281, p. 1629, § 77, effective July 1. L. 2013: (2)(s) amended and (2)(u) added,(HB 13-1239), ch. 307, p. 1630, § 5, effective July 1; (2)(t) added,(HB 13-1117), ch. 169, p. 558, § 2, effective July 1. L. 2016: (2)(r) amended,(SB 16-189), ch. 210, p. 774, § 69, effective June 6. L. 2017: (5) amended,(SB 17-242), ch. 263, p. 1331, § 213, effective May 25. History. Source: L. 73: R&RE, p. 1166, § 1. C.R.S. 1963: § 119-1-10. L. 76: (2)(j) added, p. 665, § 1, effective May 7. L. 77: (2)(f) amended and (2)(k) added, p. 1005, § 5, effective May 16; (2)(j) R&RE, p. 1325, § 1, effective July 1; (4) added, p. 1327, § 1, effective July 1. L. 79: (4)(a) amended, p. 1090, § 1, effective May 25; (1), (2)(a), (2)(d), and (2)(h) amended, p. 1081, § 3, effective July 1. L. 83: (2)(l) added, p. 1238, § 2, effective July 1; (4)(c) amended, p. 2050, § 18, effective October 14. L. 85: (4)(a) amended, p. 935, § 1, effective April 24; (2)(l)(II) amended, p. 1063, § 2, effective May 22; (2)(j) amended, p. 1015, § 43, effective July 1. L. 87: (2)(k) amended, p. 821, § 38, effective October 1. L. 89: (2)(l) amended, p. 1188, § 1, effective March 15. L. 89, 1st Ex. Sess.: (2)(m) added, p. 38, § 2, effective July 25. L. 91: (2)(d) amended, p. 1769, § 2, effective April 20; (2)(l) repealed and (2)(n) added, pp. 1860, 936, §§ 1, 5, effective July 1. L. 91, 2nd Ex. Sess.: (2)(o) added, p. 80, § 1, effective October 16. L. 92: (2)(p) added, p. 462, § 8, effective June 2; (2)(j) amended, p. 1156, § 9, effective July 1. L. 93: (2)(o)(II) repealed, p. 332, § 1, effective April 12; (2)(q) and (2)(r) added, p. 1170, § 3, effective June 3; (2)(d)(II)(C) amended, p. 1683, § 1, effective June 6; (1), IP(2), (2)(c), (2)(d)(I), (2)(h), (2)(j), (2)(k), (2)(n), (2)(o), (3), (4)(b), and (4)(c) amended and (5) and (6) added, p. 1111, § 24, effective July 1, 1994. L. 94: (2)(s) added, p. 2084, § 2, effective June 3. L. 96: (2)(f) amended, p. 1474, § 28, effective June 1. L. 97: (2)(a) and (2)(m) amended, p. 1220, § 4, effective July 1. L. 2001: (2)(d)(III) added, p. 741, § 7, effective June 1; (7) added, p. 703, § 1, effective August 8. L. 2003: (2)(a) amended, p. 2585, § 7, effective July 1. L. 2004: (2)(d) amended, p. 955, § 1, effective May 21. L. 2006: (6) repealed, p. 1987, § 12, effective July 1. L. 2007: (2)(d)(II)(D) repealed, p. 757, § 8, effective May 10; (2)(d)(II)(E) added, p. 1020, § 11, effective May 22. L. 2009: (2)(d)(II)(C.5) added,(SB 09-264), ch. 204, p. 929, § 7, effective May 1. L. 2011: (5) amended,(HB 11-1303), ch. 264, p. 1169, § 70, effective August 10; (2)(a) amended,(SB 11-210), ch. 187, p. 722, § 9, effective July 15, 2012. L. 2012: (5) amended,(HB 12-1311), ch. 281, p. 1629, § 77, effective July 1. L. 2013: (2)(s) amended and (2)(u) added,(HB 13-1239), ch. 307, p. 1630, § 5, effective July 1; (2)(t) added,(HB 13-1117), ch. 169, p. 558, § 2, effective July 1. L. 2016: (2)(r) amended,(SB 16-189), ch. 210, p. 774, § 69, effective June 6. L. 2017: (5) amended,(SB 17-242), ch. 263, p. 1331, § 213, effective May 25.    Editor's note:    Subsection (2)(p) was enacted as subsection (2)(o) by House Bill 92-1021, Session Laws of Colorado 1992, chapter 86, section 8, but has been renumbered on revision for ease of location.    Subsection (7)(e) provided for the repeal of subsection (7), effective March 16, 2002. (SeeL. 2001, p. 703.)    Subsection (2)(d)(II)(C.5) provided for its repeal, effective July 1, 2011. (L. 2009, p. 929.)     Cross references:    For the legislative declaration contained in the 1993 act amending subsection (1), the introductory portion to subsection (2), and subsections (2)(c), (2)(d)(I), (2)(h), (2)(j), (2)(k), (2)(n), (2)(o), (3), (4)(b), and (4)(c) and enacting subsections (5) and (6), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration in the 2013 act amending subsection (2)(s) and adding subsection (2)(u), see section 1 of chapter 307, Session Laws of Colorado 2013. For the legislative declaration in the 2013 act adding subsection (2)(t), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.    For the duty of the department of human services with respect to the Colorado customized training program, see § 23-60-306.     ANNOTATION   Law reviews. For article, “Adoption Procedures of Minor Children in Colorado”, see 12 Colo. Law. 1057 (1983).   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).   Denver department of human services is an arm of the state. T.D. v. Patton, 149 F. Supp. 3d 1297 (D. Colo. 2016 ).   Standards to be established by state department. Standards governing the granting of aid and the amount to be paid are established by the state department, except as provided by statute. State Bd. of Soc. Servs. v. Billings, 175 Colo. 380 , 487 P.2d 1110 (1971).   And followed by county board and department. The county board of social services and the county department of social services must follow the standards established by the state department. State Bd. of Soc. Servs. v. Billings, 175 Colo. 380 , 487 P.2d 1110 (1971).   Subsection (2)(o)(I) is a constitutional delegation of legislative authority to the state department of social services because the language provides the necessary statutory safeguards and standards to guide the department in rational and consistent rulemaking and meaningful judicial review of department actions. Barela v. Beye, 916 P.2d 668 (Colo. App. 1996).