2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 4 - CHILD CARE AND EDUCATION (§§ 26.5-4-101 — 26.5-4-403) › Part 1 - COLORADO CHILD CARE ASSISTANCE PROGRAM (§§ 26.5-4-101 — 26.5-4-121) › Section 26.5-4-106 - Applications for child care assistance - applications for child care employees - verification - award - not assignable - limitation - rules

(1)
(a)
An individual wishing to apply for child care assistance may do so, and the assistance shall be furnished with reasonable promptness to each eligible individual in accordance with department rules.
(b)
On or before August 1, 2026, and subject to available federal appropriations, the department rules must provide for a simplified application so child care assistance may be furnished to eligible persons as soon as possible and must provide adequate safeguards and controls to ensure that only eligible persons receive child care assistance pursuant to this part 1. The department and a county department shall publicly disclose or publicize income eligibility levels by income percentage and by monthly income for families to use before applying. The unified application that the department develops pursuant to section
26.5-1-110
must at some point include application for child care assistance through CCCAP.
(c)
A person seeking child care assistance shall submit an application in accordance with department rule, and the department shall ensure that the application is routed to the applicant's county of residence. An application for child care assistance must:
(I)
Be in writing or reduced to writing in the manner and upon the form prescribed by the department;
(II)
Include the applicant's current residency and name of the applicant; the age and name of the child or children for whom care is requested; low-income eligible activity; income; incapacitation, if applicable; and such other information as may be required by department rule that is necessary to determine eligibility. The department shall not request that the applicant provide immunization history, except when utilizing child care that is provided outside of the child's home by a non-relative qualified license-exempt provider. Custody arrangements shall not be included on the application or otherwise collected to determine eligibility for CCCAP. The county department may request, but shall not require, information on child care provider selection at the time of application.
(III)
Be verified by the signature of the applicant.
(d)
A county department shall not add additional required eligibility criteria to the application or redetermination processes.
(2)
(a)
When a county department receives an application for child care assistance, it shall promptly make a record concerning the circumstances of the applicant to verify the facts supporting the application and shall examine all pertinent records. The county department shall also verify any other information required by department rule.
(b)
In verifying an application received pursuant to this section, the county department shall confirm that the applicant meets the eligibility requirements for receiving public assistance specified in section
26-2-111 (1)
.
(c)
If the information is reasonably available, the county department shall complete the verification before approving or continuing child care assistance.
(d)
Within ten working days after the county department discovers a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility, the county department shall refer the matter to the appropriate investigatory agency for investigation. The investigatory agency shall take action within thirty days following receipt of the information from the county department.
(e)
The county department, the department, and the officers and authorized employees of each may conduct visits to the home of the applicant at reasonable times, make investigations and require the attendance and testimony of witnesses and the production of books, records, and papers by subpoena, and make application to the district court to compel and enforce such attendance and testimony of witnesses and the production of such books, records, and papers. Officers and employees designated by the county department or the department may administer oaths and affirmations.
(3)
(a)
Upon completion of the verification and record of each application for child care assistance, the county department, pursuant to department rules, shall determine whether the applicant is eligible for child care assistance, the amount of child care assistance to be granted, and the beginning date of the assistance. In determining the amount of child care assistance to be granted, the county department shall take due account, pursuant to department rules, of any income or property available to the applicant and any support, either in cash or in kind, that the applicant may receive from other sources.
(b)
When the eligibility, amount, and date for beginning child care assistance have been established, the county department shall make an award to or on behalf of the applicant in accordance with department rules, which award is binding on the county and shall be complied with by the county until it is modified or vacated. The county department shall at once notify the applicant and the department, in writing, of its decisions on child care assistance and the reasons for those decisions.
(4)
(a)
A county department shall not deny child care assistance for a person who is otherwise qualified to receive child care assistance by reason of the fact that:
(I)
The person is the owner of real estate occupied by the person as a residence; or
(II)
The person is the owner of personal property that is exempt by the laws of Colorado from execution or attachment.
(b)
The executive director by rule may establish limitations on the value of real and personal property and other resources, not included in subsection (4)(a) of this section, that may be available to an applicant or recipient without affecting eligibility for child care assistance.
(c)
For child care assistance purposes, the value of residential or other real property is equal to the actual value of the property, as determined by the county assessor pursuant to article
1
of title
39
.
(5)
A county department shall not require a person, as a condition of receiving child care assistance, to repay or promise to repay the state of Colorado any money properly paid to the person as child care assistance pursuant to the provisions of this part 1 and department rules or as public assistance pursuant to article
2
of title
26
and the rules of the state department of human services.
(6)
The executive director shall promulgate rules for the implementation of this section.
Amended by 2024 Ch. 390,§ 4, eff. 6/4/2024.
Added by 2022 Ch. 123, §3, eff. 7/1/2022.