CO Code § 26-2-805 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 2 - Public Assistance|Part 8 - Colorado Child Care Assistance Program|§ 26-2-805. Services - Eligibility - Assistance Provided - Waiting Lists - Rules - Exceptions From Cooperating With Child Support Establishment

  Subject to available appropriations and pursuant to rules promulgated by the state board for the implementation of this part 8, a county shall provide child care assistance to a participant or any person or family whose income is not more than one hundred eighty-five percent of the federal poverty level. Subject to available appropriations and only as necessary to comply with federal law, the state board may adjust the percentage of the federal poverty level used to determine child care assistance eligibility by promulgating a rule.      Beginning July 1, 2018, or when the rules required by section 26-2-804 (2)(a) are established, whichever is later, a county may provide child care assistance for any family whose income at initial determination exceeds the requirements of subsection (1) of this section but does not exceed the maximum federal level for eligibility for services of eighty-five percent of the state median income for a family of the same size if it:   Is serving all eligible families who have applied for CCCAP and whose income level is below that requirement; and    Uses only local money to serve such families.       If, during a participant's, person's, or family's twelve-month eligibility period, the participant's, person's, or family's income rises to or above the level set by the state board rule at which the county may deny such participant, person, or family child care assistance, the county shall continue providing the current CCCAP subsidy until that participant's, person's, or family's next twelve-month redetermination.    If, at the time of a participant's, person's, or family's twelve-month eligibility redetermination, the participant's, person's, or family's income rises to or above the level set by the state board at which the county may deny child care assistance, or if that income level rises above the maximum federal eligibility level of eighty-five percent of the state median income for a family of the same size, the county shall immediately notify the participant, person, or family that it is no longer eligible for CCCAP.       Repealed.         Subject to available appropriations, pursuant to rules promulgated by the state board for implementation of this part 8, and except as provided for in paragraph (b) of this subsection (3), a county shall provide child care assistance for a family transitioning off the works program due to employment or job training without requiring the family to apply for low-income child care but shall redetermine the family's eligibility within six months after the transition.    A family that transitions off the works program must not be automatically transitioned to CCCAP pursuant to paragraph (a) of this subsection (3) if either of the following conditions apply:   The family is leaving the works program due to a violation of program requirements as defined in part 7 of this article, by rule of the state board, or by policy of a county department; or    The family is leaving the works program due to employment and will be at an income level that exceeds the county-adopted income eligibility limit for the county's CCCAP.       At the county's discretion, a family that transitions off the works program, is eligible for CCCAP, and resides in a county that has families on its waiting list may be added to the waiting list or be provided child care assistance without first being added to the waiting list.           A recipient of child care assistance through CCCAP shall be responsible for paying a portion of his or her child care costs based upon the recipient's income and the formula developed by rule of the state board. (a) (I)A recipient of child care assistance through CCCAP shall be responsible for paying a portion of his or her child care costs based upon the recipient's income and the formula developed by rule of the state board.    After promulgation of rules by the state board, subject to available appropriations, and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subparagraph (II), on or before July 1, 2016, the formula must include a tiered reduced copayment structure for children attending high-quality care.    Notwithstanding the provisions of subparagraph (II) of this paragraph (a), upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subparagraph (III), for a family living at or below one hundred percent of the federal poverty level, the family copayment responsibility must be restricted to no more than one percent of the family's gross monthly income as determined based on one month of income.    Pursuant to rules promulgated by the state board and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subparagraph (IV), income received during the past thirty days must be used in determining the copayment, unless on a case-by-case basis the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects an ability to afford the required family copayment.       The state board shall establish, and periodically revise, by rule a copayment schedule so that the copayment gradually increases as the family income approaches self-sufficiency income levels. This revised copayment schedule should allow families to retain a portion of its increases in income.    A participant who is employed shall pay a portion of his or her income for child care assistance under CCCAP. The participant's required copayment under the provisions of this paragraph (c) must be determined by a formula established by rule of the state board that takes into consideration the factors set forth in paragraphs (a) and (b) of this subsection (4).         On and after July 1, 2014, and except as otherwise provided in paragraph (a.5) or (a.7) of this subsection (5), a county may require a person who receives child care assistance pursuant to this section and who is not otherwise a participant to apply, pursuant to section 26-13-106 (2), for child support establishment, modification, and enforcement services related to any support owed by obligors to their children and to cooperate with the delegate child support enforcement unit to receive these services; except that a person is not required to submit a written application for child support establishment, modification, and enforcement services if the person shows good cause to the county implementing the Colorado child care assistance program for not receiving these services.  (a.5) A county shall not require an applicant who is a teen parent, as defined by rule of the state board, and who is not otherwise a participant to submit a written application for child support establishment, modification, and enforcement services as a condition of receiving child care assistance under this section until the teen parent has graduated from high school or successfully completed a high school equivalency examination. After the teen parent has been determined eligible for child care assistance and his or her chosen child care provider is receiving subsidy payments, a county may require the teen parent to regularly attend, at no cost and at a location and time most convenient to the teen parent, information sessions with the county child support staff focused on understanding the benefits of child support to the child, the family as a whole, and the benefits of two-parent engagement in a child's life. Once a person who receives child care assistance pursuant to this section no longer meets the definition of a teen parent or has either graduated from high school or successfully completed a high school equivalency examination, the county may require that person to cooperate with child support establishment and enforcement as a condition of continued receipt of child care assistance. Nothing in this section prevents a teen parent from establishing child support.    (a.7) (I) A county shall not require an applicant to submit a written application for child support establishment, modification, and enforcement services as a condition of receiving child care assistance or to establish good cause for not cooperating with child support establishment as a condition of receiving child care assistance if the applicant:   Submits a statement that he or she is a victim of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., and in part 8 of article 6 of title 18, C.R.S.; or a victim of a sexual offense, as described in part 4 of article 3 of title 18, C.R.S., section 18-6-301, C.R.S., or section 18-6-302, C.R.S.; or a victim of harassment, as described in section 18-9-111, C.R.S.; or a victim of stalking, as described in section 18-3-602, C.R.S.;    Indicates in that statement that he or she fears for his or her safety or the safety of his or her children if the applicant were to pursue child support enforcement pursuant to section 26-13-106 (2); and    Submits evidence that he or she is a victim of domestic violence, a sexual offense, harassment, or stalking as described in sub-subparagraph (A) of this subparagraph (I).       For purposes of sub-subparagraph (C) of subparagraph (I) of this paragraph (a.7), sufficient evidence includes, but is not limited to, evidence identified for participation in the address confidentiality program included in section 24-30-2105 (3)(c)(I) to (3)(c)(IV), C.R.S., or from a “victim's advocate”, as defined in section 13-90-107 (1)(k)(II), C.R.S, from whom the applicant has sought assistance.    A county may provide information about the importance of establishing child support to a victim of domestic violence, a sexual offense, harassment, or stalking who chooses not to engage in child support establishment or to pursue a good cause waiver from cooperation.       The state board shall promulgate rules for the implementation of this subsection (5), including but not limited to rules establishing good cause for not receiving these services, and rules for the imposition of sanctions upon a person who fails, without good cause as determined by the county implementing the Colorado child care assistance program, to apply for child support enforcement services or to cooperate with the delegate child support enforcement unit as required by this subsection (5). The state board shall revise its rules regarding the option of counties to make cooperation with child support establishment and enforcement a condition of receiving child care assistance for teen parents and for victims of domestic violence, sexual offense, harassment, or stalking.      On July 1, 2017, and every July 1 thereafter through July 1, 2025, each county department shall report to the state department information related to teen parents in the Colorado child care assistance program. The state board shall establish, by rule, criteria to be reported annually by each county, including but not limited to: (c) (I) On July 1, 2017, and every July 1 thereafter through July 1, 2025, each county department shall report to the state department information related to teen parents in the Colorado child care assistance program. The state board shall establish, by rule, criteria to be reported annually by each county, including but not limited to:   The total number of cases in each county that are receiving services from a county child support services office that involve custodial parties who are nineteen years of age or younger and the number of children being served;    The total number of teen parents in each county that are receiving Colorado child care assistance;    For each teen parent receiving child care assistance in the county, longitudinal data indicating whether paternity has been established and whether child support has been established for the child and reported for the child from birth to age four;    For each teen parent receiving child care assistance in the county, longitudinal data indicating whether the teen parent achieved economic self-sufficiency and avoided becoming a Colorado works participant while in school and reported for the child from the child's birth to age four;    For each teen parent receiving child care assistance in the county, longitudinal data indicating the total amount and the percentage of child support collected for the benefit of the child and reported for the child from birth to age four.       The reports filed with the state department as a result of this paragraph (c) are public records available for public inspection.       Upon notification that the relevant human services case management systems are capable of accommodating the provisions in paragraphs (a.5) and (a.7) of this subsection (5), the state department is required to start tracking counties' compliance with paragraphs (a.5) and (a.7) of this subsection (5). The state department shall notify counties when the human services case management systems are functional and when the tracking of compliance will begin.       Repealed.      For a family with a child who is enrolled in both CCCAP and a head start program, the family's CCCAP eligibility redetermination must occur no sooner than the end of the last month of the child's first full twelve-month program year of enrollment in the head start program. Child care assistance program eligibility redetermination for a child enrolled in both programs must occur once every twelve months thereafter.    Repealed.    Repealed.    Repealed.    Notwithstanding the provisions of section 26-1-127 (2)(a), a family that receives child care assistance pursuant to this part 8 is not required to report income or activity changes during the twelve-month eligibility period; except that, within the twelve-month eligibility period, a family is required to report a change in income if the family's income exceeds eighty-five percent of the state median income. If a family no longer participates in the activity under which it was made eligible in the child care case, the family shall report that change within four weeks from the time it ceased participating in the eligible activity.    A parent must not be determined ineligible to receive child care assistance pursuant to this part 8 as a result of:   Taking maternity leave;    Being a separated spouse or parent under a validly issued temporary order for parental responsibilities or child custody where the other spouse or parent has disqualifying financial resources;    Each instance of nontemporary job loss for less than ninety days; or    A temporary break in eligible activity, as defined by rule of the state board.          Repealed.    Subject to available appropriations and pursuant to rules promulgated by the state board for the implementation of this part 8, a parent who is enrolled in a postsecondary education program or a workforce training program is eligible for CCCAP for at least any two years of the postsecondary education or workforce training program, provided all other CCCAP eligibility requirements are met during those two years. A county may give priority for services to a working family over a family enrolled in postsecondary education or workforce training.    To provide continuous child care with the least disruption to the child, the hours authorized for the provision of child care through CCCAP must include authorized hours for the child that promote continuous, consistent, and regular care and must not be linked directly to a parent's employment, education, or workforce training schedule. Pursuant to rules promulgated by the state board, the number of hours authorized for child care should be based on the number of hours the parent is participating in an eligible activity and the child's needs for care.       Pursuant to rules promulgated by the state board and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (8), income received during the past thirty days must be used in determining eligibility unless, on a case-by-case basis, the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects a family's current income level.    A county has the authority to develop a voucher system for families enrolled in CCCAP through which they can secure relative or unlicensed child care.    An early care and education provider or county may conduct a pre-eligibility determination for child care assistance for a family to facilitate the determination process. The early care and education provider shall submit its pre-eligibility documentation to the county for final determination of eligibility for child care assistance. The early care and education provider or county may provide services to the family prior to final determination of eligibility, and the county shall reimburse a provider for such services only if the county determines the family is eligible for services and there is no need to place the family on a waiting list. If the family is found ineligible for services, the county shall not reimburse the early care and education provider for any services provided during the period between its pre-eligibility determination and the county's final determination of eligibility.    A provider may accept a family's CCCAP application and submit it to the county on behalf of a family seeking child care assistance.    Each county:   Upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this paragraph (a), and pursuant to rules promulgated by the state board, in addition to regular daily provider reimbursement rates, shall reimburse providers according to the following schedule:   For providers in the first level of the state department's quality rating and improvement system, for no fewer than six absences or holidays per year;    For providers in the second level of the state department's quality rating and improvement system, for no fewer than ten absences or holidays per year; and    For providers in the top three levels of the state department's quality rating and improvement system, for no fewer than fifteen absences or holidays per year.       Shall maintain a current and accurate waiting list of parents who have inquired about securing a CCCAP subsidy and are likely to be eligible for CCCAP based on self-reported income and job, education, or workforce training activity if families are not able to be served at the time of application due to funding concerns. Counties may enroll families off waiting lists according to local priorities and may require an applicant to restate his or her intention to be kept on the waiting list every six months in order to maintain his or her place on the waiting list.    Shall post eligibility, authorization, and administration policies and procedures so they are easily accessible and readable to a layperson. The policies must be sent to the state department for compilation.    May use its CCCAP allocation to provide direct contracts or grants to early care and education providers for a county-determined number of CCCAP slots for a twelve-month period to increase the supply and improve the quality of child care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods;    Subject to available appropriations and pursuant to rules promulgated by the state board for the implementation of this part 8, and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(e), must determine that a recipient of benefits from the food assistance program established in part 3 of this article 2 is eligible for CCCAP if he or she meets all other CCCAP eligibility criteria and may use eligibility determination information from other public assistance programs and systems to determine CCCAP eligibility; and    Subject to available capacity to raise federal or state funding, shall prioritize child care assistance for certified foster parents, certified kinship foster parents, noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department, and noncertified kinship care providers that provide care for children with an open child welfare case who are not in the legal custody of a county department.       The state board shall promulgate rules for the implementation of this part 8.     History. Source: L. 97: Entire part added, p. 1218, § 1, effective June 3. L. 2000: (1)(b) amended, p. 393, § 2, effective September 1. L. 2004: (1)(d) added, p. 117, § 1, effective March 17; (1)(b) amended, p. 257, § 1, effective August 4. L. 2007: (1)(d) amended, p. 1653, § 10, effective May 31. L. 2008: (1)(b)(I) amended and (1.5) added, pp. 455, 456, §§ 1, 2, effective August 5. L. 2010: (1)(a) amended,(HB 10-1422), ch. 419, p. 2116, § 155, effective August 11; (1)(e) and (2.5) added and (1.5) and (3) amended,(HB 10-1035), ch. 337, pp. 1549, 1550, §§ 2, 4, 3, effective June 1, 2011. L. 2014: (1)(e)(I.5) added,(HB 14-1022), ch. 34, p. 188, § 1, effective March 14; (1)(e)(I.5) repealed and entire section R&RE,(HB 14-1317), ch. 259, p. 1034, §§ 5, 6, effective May 22. L. 2016: (5) amended,(HB 16-1227), ch. 182, p. 622, § 1, effective May 19; (2) and (7)(b) amended,(SB 16-212), ch. 200, p. 707, § 1, effective June 1. L. 2018: (12)(d) and (12)(e) amended and (12)(f) added,(HB 18-1348), ch. 325, p. 1961, § 3, effective May 30; (1), (2)(a), (2)(b), (2)(c), (7)(f), (7)(i), and (7)(j) amended and (2)(d), (2)(e), (6), (7)(b), (7)(c), (7)(d), (7)(g), and (7)(h) repealed,(HB 18-1335), ch. 386, p. 2313, § 3, effective July 1.    Editor's note:   Subsection (7)(c) is similar to subsection (1)(e)(I.5) as added by House Bill 14-1022.   Cross references:    For the legislative declaration contained in the 2000 act amending subsection (1)(b), see section 1 of chapter 109, Session Laws of Colorado 2000. For the legislative declaration in the 2010 act adding subsections (1)(e) and (2.5) and amending subsections (1.5) and (3), see section 1 of chapter 337, Session Laws of Colorado 2010.    For the federal head start program in general, see 42 U.S.C. sec. 9801 et seq. For federal designation of head start agencies, see 42 U.S.C. sec. 9836.