CO Code § 24-1-120 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 1 - Administrative Organization Act of 1968|§ 24-1-120. Department of Human Services - Creation

  There is hereby created a department of human services, the head of which shall be the executive director of the department of human services, which office is hereby created. The governor shall appoint the executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.    Except as otherwise provided in title 26, C.R.S., the powers, duties, and functions of the department of social services and the department of institutions are transferred by a type 3 transfer to the department of human services, and the department of social services and the department of institutions are abolished.    The state board of social services, created by article 1 of title 26, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services as the state board of human services.    Unless otherwise transferred to the department of health care policy and financing or the department of public health and environment, the department of human services shall exercise the following powers and perform the following duties:   Powers, duties, and functions relating to public assistance and welfare, which are transferred by a type 2 transfer to the department of human services;    and (c) Repealed.       The department of human services shall include the following:   The Colorado commission on the aging and the office of the director thereof. Said office and director and their powers, duties, and functions are transferred by a type 2 transfer to the department of human services.    The Colorado veterans community living center at Homelake, which is transferred by a type 2 transfer to the department of human services;    The Colorado veterans community living centers, created by part 2 of article 12 of title 26, C.R.S., which are transferred by a type 2 transfer to the department of human services;    The merit system council, created by article 1 of title 26, C.R.S. Said council and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services.    The powers, duties, and functions regarding the state information agency under the "Uniform Interstate Family Support Act", created by article 5 of title 14, C.R.S. Said powers, duties, and functions are transferred by a type 2 transfer to the department of human services.    The state office on aging, created by part 2 of article 11 of title 26, C.R.S. Said state office and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services.    The adoption intermediary commission, created by part 3 of article 5 of title 19, C.R.S. Said commission and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services.    The Colorado commission for the deaf, hard of hearing, and deafblind, created by article 21 of title 26. The commission shall exercise its powers, duties, and functions under the department as if transferred by a type 2 transfer.    The office of homeless youth services, created in section 24-32-723. Said office and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services.    Repealed.    The board of commissioners of veterans community living centers, created in section 26-12-402, C.R.S. Said board and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services.    Repealed.    The early childhood leadership commission created by article 6.2 of title 26, C.R.S.       The department consists of the following divisions, units, and offices:   and    Repealed.    The juvenile parole board, created pursuant to section 19-2-206, C.R.S. The juvenile parole board and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services as a division thereof.    The office of behavioral health in the department of human services created pursuant to article 80 of title 27. The office of behavioral health and its powers, duties, and functions, including the powers, duties, and functions relating to the alcohol and drug driving safety program specified in section 42-4-1301.3, are transferred by a type 2 transfer to the department of human services.    The division of youth services, created pursuant to section 19-2-203. The division of youth services and the office of the director of the division of youth services and their powers, duties, and functions are transferred by a type 2 transfer to the department of human services as a division thereof.       The department of human services shall supervise and control the following institutions which are transferred by a type 2 transfer to the department of human services:   Colorado mental health institute at Pueblo;    Wheat Ridge regional center;    Grand Junction regional center;    Pueblo regional center;    Lookout Mountain school at Golden;    Mount View school at Morrison;    Colorado mental health institute at Fort Logan, in Denver;    Adams youth services center at Brighton;    Gilliam youth services center at Denver;    Grand Mesa youth services center at Grand Junction;    Pueblo youth services center;    Zebulon Pike youth services center at Colorado Springs;    Lookout Mountain youth services center at Golden;    Mount View youth services center at Denver;    Lathrop Park youth camp at Walsenburg.       The state council on developmental disabilities, created by part 2 of article 10.5 of title 27, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of human services.    The powers, duties, and functions of the Colorado brain injury trust fund board, created in section 26-1-302, are transferred by a type 2 transfer to the department of human services.    The powers, duties, and functions of the Colorado children's trust fund board, created in section 19-3.5-104, C.R.S., are transferred by a type 2 transfer to the department of human services.    The powers, duties, and functions of the Tony Grampsas youth services board created in section 26-6.8-103, C.R.S., are transferred by a type 2 transfer to the department of human services.    The office of the ombudsman for behavioral health access to care created in section 27-80-303 shall exercise its powers and perform its duties and functions as if the office were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of human services.     Source: L. 68: p. 83, § 20. L. 69: p. 1188, § 4. C.R.S. 1963: § 3-28-20. L. 71: p. 104, § 10. L. 73: pp. 1223, 1508, §§ 13, 14, 2. L. 78: (3) added, p. 265, § 61, effective May 23. L. 85: (4)(d) added, § 4, effective May 29. L. 86: (1) amended, p. 885, § 7, effective May 23. L. 89: (4)(b) amended, p. 1235, § 12, effective April 6; (5) added, p. 1549, § 2, effective July 1. L. 91: (4)(e) added, p. 890, § 15, effective June 5. L. 92: (5) repealed, p. 2136, § 2, effective July 1. L. 93: Entire section R&RE, p. 1092, § 7, effective July 1, 1994. L. 94: (4)(c) added, p. 2606, § 6, effective July 1; (6)(d) amended, p. 2555, § 49, effective January 1, 1995. L. 96: (6)(b) and (6)(c) amended and (6)(e) added, p. 1694, § 32, effective January 1, 1997. L. 2000: (5)(h) added, p. 1628, § 3, effective June 1. L. 2001: (4)(c) amended, p. 251, § 5, effective March 29; (4)(c) repealed and (5)(e) amended, pp. 1287, 1272, §§ 83, 28, effective June 5. L. 2002: (6)(d) amended, p. 666, § 13, effective May 28; (5)(c), (6)(d), and (8) amended, p. 1022, § 39, effective June 1; (6)(a) repealed, p. 357, § 11, effective July 1; (6)(d) amended, p. 1919, § 10, effective July 1; (9) added, p. 1609, § 2, effective January 1, 2003. L. 2004: (5)(i) added, p. 861, § 2, effective May 21; (9) amended, p. 1200, § 60, effective August 4. L. 2005: (5)(j) added, p. 599, § 1, effective July 1. L. 2007: (5)(k) added, p. 441, § 2, effective July 1; (5)(l) added, p. 1221, § 2, effective August 3. L. 2008: (6)(b) repealed, p. 1105, § 9, effective July 1. L. 2009: (9) amended, (SB 09-005), ch. 135, p. 591, § 10, effective April 20; (5)(b) amended, (SB 09-056), ch. 177, p. 785, § 5, effective April 22. L. 2010: IP(6) and (6)(d) amended, (SB 10-175), ch. 188, p. 794, § 50, effective April 29. L. 2011: (5)(b) amended, (HB 11-1303), ch. 264, p. 1163, § 53, effective August 10. L. 2012: (5)(b) amended, (HB 12-1063), ch. 149, p. 537, § 5, effective May 3. L. 2013: (5)(m), (10), and (11) added, (HB 13-1117), ch. 169, p. 588, § 20, effective July 1; (5)(k) amended, (HB 13-1300), ch. 316, p. 1680, § 47, effective August 7. L. 2014: (5)(b), (5)(c), and (5)(k) amended, (SB 14-096), ch. 59, p. 262, § 2, effective August 6. L. 2015: (4)(b)(II) added by revision, (SB 15-239), ch. 160, pp. 487, 490, §§ 4, 14. L. 2017: IP(6) and (6)(d) amended, (SB 17-242), ch. 263, p. 1256, § 16, effective May 25; IP(6) and (6)(e) amended, (HB 17-1329), ch. 381, p. 1980, § 50, effective June 6. L. 2018: (5)(h) amended, (HB 18-1108), ch. 303, p. 1836, § 9, effective August 8; (12) added, (HB 18-1357), ch. 252, p. 1551, § 2, effective August 8. L. 2019: (9) amended, (HB 19-1147), ch. 178, p. 2033, § 12, effective August 2. L. 2020: (5)(i) amended, (HB 20-1402), ch. 216, p. 1050, § 43, effective June 30.   Editor's note: (1) Amendments to subsection (6)(d) by Senate Bill 02-057, House Bill 02-1229, and Senate Bill 02-159 were harmonized.   (2) Subsection (5)(j)(II) provided for the repeal of subsection (5)(j), effective July 1, 2007. (SeeL. 2005, p. 599.)   (3) Subsection (5)(l)(II) provided for the repeal of subsection (5)(l), effective July 1, 2012. (SeeL. 2007, p. 1221.)   (4) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2016. (SeeL. 2015, p. 487.)   (5) Amendments to subsection IP(6) by SB 17-242 and HB 17-1329 were harmonized.   Cross references: (1) For the designation of the state department of human services as the state information agency for enforcement of support, see §§ 14-5-310 and 26-13-109; for the Colorado board of veterans affairs, see article 5 of title 28; for the Colorado commission on the aging, see article 11 of title 26; for the Trinidad state nursing home, see part 2 of article 12 of title 26; for the Colorado state veterans center, see part 2 of article 12 of title 26.   (2) For the legislative declaration contained in the 2002 act repealing subsection (6)(a), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsections (5)(m), (10), and (11), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015.   (3) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.   ANNOTATION   The executive director is a proper party defendant in a 42 U.S.C. § 1983 action where the administration of rules and regulations is contested. Oten v. Bd. of Soc. Servs., 738 P.2d 37 (Colo. App. 1987).   The department of social services (now human services) is properly characterized as a public assistance and welfare organization and not as a public law enforcement agency. People v. Zurenko, 833 P.2d 794 (Colo. App. 1991).   Applied in Dodge v. Dept. of Soc. Servs., 657 P.2d 969 (Colo. App. 1982).