CO Code § 26-1-118 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 1 - Department of Human Services|Part 1 - General Provisions|§ 26-1-118. Duties of County Departments, County Directors, and District Attorneys

  The county departments or other state designated agencies, where applicable, shall serve as agents of the state department and shall be charged with the administration of public assistance and welfare and related activities in the respective counties in accordance with the rules and regulations of the state department.    The county departments or other state designated agencies, where applicable, shall report to the state department at such times and in such manner and form as the state department may from time to time direct. The state department may require a county department to report information concerning county employees, including but not limited to qualifications, work schedules, pay, duties, evaluations, training, and corrective and disciplinary actions. A county department may provide such information by use of a unique identifier for each employee that provides the information without identifying the name of the employee. However, nothing in this section shall be construed to prevent access by the state department to individual employee files, to the extent permitted by state and federal law, for purposes of carrying out the responsibility of the state department for the supervision and administration of programs funded in whole or in part by the state department. The state department shall maintain the confidentiality of such records in a manner consistent with state and federal law. (2.5) Repealed.    The county department or other state designated agencies, where applicable, in each county shall submit quarterly and annually to the board of county commissioners a budget containing an estimate and supporting data setting forth the amount of money needed to carry out the provisions of this title.    When appointed by a court of competent jurisdiction and consistent with state department rules and regulations, the county director shall perform under the supervision of such court the function of officer or agent of the court in any social services matters which may be before it.    The county department may receive for placement in foster care any child upon agreement of his parent, his guardian, or any other person having legal custody of such child. Such agreements, provided for in this subsection (5), shall be in writing and on forms prescribed by the state department and may contain any proper and legal provisions for proper care of the child and such other provisions as may be considered necessary by the state department.    The county department shall report, to the district attorney monthly, data relating to fraudulent activities covering, as a minimum, the activities specified in paragraphs   , (b), and (d) of this subsection (6), and the district attorney shall likewise report, monthly to the county department, the data specified in paragraph (c) of this subsection (6), as follows when applicable:    Welfare action - assistance denials and assistance reductions;    District attorney action:   Criminal complaints requested during the month;    Criminal complaints declined during the month;    Cases dismissed during the month;    Cases acquitted during the month;    Convictions during the month;    Confessions of judgments (notes);       Recoveries:   Fines and penalties ______ (in dollars);    Restitutions ordered ______ (in dollars);    Restitutions collected ______ (in dollars).          The counties may prepare and issue to all payees, excluding heads of households in nonpublic assistance food stamp cases, at the time of delivery of any public assistance, a hermetically sealed photo identification card which is manufactured in such a secure manner as to resist duplication or intrusion and containing the full name, a card identification number, and any other data which would insure proper identification. A county department shall refer to the appropriate law enforcement agency for investigation, within ten working days after discovery, any information it may have concerning the improper use of a photo identification card by a person not eligible to possess such card.    Starting in the calendar year 1979, no less than eight hours of fraud prevention training shall be given to all eligibility technicians, caseworkers, resource investigators, homemakers, supervisors, and such other persons within the county department as the county director deems necessary, who have not previously received such training. Such training shall be conducted by a law enforcement agency or its appropriate professional association.    Repealed.     (a) Investigations (including welfare and district attorney cases accepted for fraud investigation during the month);   History. Source: L. 73: R&RE, p. 1171, § 1. C.R.S. 1963: § 119-1-17. L. 75: (5) added, p. 894, § 1, effective July 14. L. 77: (6) to (9) added, p. 1332, § 2, effective January 1, 1978. L. 79: (8) R&RE, p. 1092, § 1, effective May 22; (9) repealed, p. 1093, § 2, effective June 21. L. 89, 1st Ex. Sess.: (2.5) added, p. 38, § 3, effective July 25. L. 91: (1), (2), and (3) amended, p. 1896, § 6, effective July 1. L. 97: (2.5) repealed, p. 1221, § 6, effective July 1. L. 2008: (2) amended, p. 1527, § 3, effective May 28. L. 2010: (7) amended,(HB 10-1422), ch. 419, p. 2115, § 153, effective August 11. History. Source: L. 73: R&RE, p. 1171, § 1. C.R.S. 1963: § 119-1-17. L. 75: (5) added, p. 894, § 1, effective July 14. L. 77: (6) to (9) added, p. 1332, § 2, effective January 1, 1978. L. 79: (8) R&RE, p. 1092, § 1, effective May 22; (9) repealed, p. 1093, § 2, effective June 21. L. 89, 1st Ex. Sess.: (2.5) added, p. 38, § 3, effective July 25. L. 91: (1), (2), and (3) amended, p. 1896, § 6, effective July 1. L. 97: (2.5) repealed, p. 1221, § 6, effective July 1. L. 2008: (2) amended, p. 1527, § 3, effective May 28. L. 2010: (7) amended,(HB 10-1422), ch. 419, p. 2115, § 153, effective August 11.    Cross references:   For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 327, Session Laws of Colorado 2008.   ANNOTATION   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).   It is clear that the county departments of social services, and the merit system council, are both functional divisions of the state department of social services for the convenient administration of the state program and are not independent entities separate and distinct from the state. Nadeau v. Merit Sys. Council, 36 Colo. App. 362, 545 P.2d 1061 (1975).   The county board of social services is set up as a subordinate agency or arm of the state. It is bound by, inter alia, the fiscal and personnel rules set up by the state board of social services. Martin v. District Court, 191 Colo. 107 , 550 P.2d 864 (1976).   County has no standing to seek review of state board's action. A county department of social services has no standing to seek judicial review of action by the state board of social services by the merit system council. Nadeau v. Merit Sys. Council, 36 Colo. App. 362, 545 P.2d 1061 (1975).   In the absence of an express statutory right, the county board lacks standing or any other legal authority to obtain judicial review of an action of the merit system council. Martin v. District Court, 191 Colo. 107 , 550 P.2d 864 (1976); Jefferson County DSS v. Dept. of Institutions, 784 P.2d 805 (Colo. App. 1989).   In the absence of an express statutory authorization, a subordinate state agency lacks standing to obtain judicial review of the action of its superior state agency. City & County of Denver v. Brockhurst Boys Ranch, Inc., 195 Colo. 22 , 575 P.2d 843 (1978).   Where the state board of social services is a party to judicial review proceedings, as a result of which a settlement agreement was reached, reinstating an employee suspended by a county department of social services, the county board and the county department, as subordinates of the state agency, are bound by the state department's action settling the judicial review proceedings. Accordingly, the county board and the county department are without standing to seek judicial review of the merit system council's order implementing the settlement agreement, and the board of county commissioners is likewise without standing to seek judicial review. Bd. of County Comm'rs v. Merit Sys. Council, 662 P.2d 1093 (Colo. App. 1982).   A county department of social services is not a “person” for the purpose of a civil rights action for damages, as opposed to injunctive relief, under 42 U.S.C. § 1983. Wigger v. McKee, 809 P.2d 999 (Colo. App. 1990); Pierce v. Delta County Dept. of Soc. Servs., 119 F. Supp. 2d 1139 (D. Colo. 2000 ).   For authority of county welfare departments in placing children for adoption, see People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).   Applied in Dempsey v. City & County of Denver, 649 P.2d 726 (Colo. App. 1982).