2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 7 - COLORADO WORKS PROGRAM (§§ 26-2-701 — 26-2-726) › Section 26-2-708 - Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules

(1)
Subject to the provisions of the federal law, the provisions of this section, and available appropriations, a county department shall perform an assessment for a new participant who is eighteen years of age or older, or who is sixteen years of age or older but has not yet attained the age of eighteen years of age and has not completed high school or successfully completed a high school equivalency examination, as defined in section
22-33-102
(8.5), C.R.S., and is not attending high school or participating in a high school equivalency examination program. The initial assessment must be completed no more than thirty days after the submission of the application for assistance under the works program. Updated assessments may be conducted at the discretion of the county department.
(2)
A county department shall develop an individual responsibility contract for a new participant who has been assessed pursuant to subsection (1) of this section, within thirty days after completing the initial assessment of the participant as required in subsection (1) of this section, subject to the provisions of the federal law and this section. The IRC shall be limited in scope to matters relating to securing and maintaining training, education, or work. The county department shall seek the input and involvement of the participant when developing the IRC.
(3)
The IRC shall contain provisions in bold print at the beginning of the document that notify the participant of the following:
(a)
That no individual is legally entitled to any form of assistance under the Colorado works program;
(b)
That the IRC is a contract that contains terms and conditions governing the participant's receipt of assistance under the Colorado works program and that nothing in such contract may be deemed to create a legal entitlement to assistance under the Colorado works program;
(c)
That the participant's failure to comply with the terms and conditions of the IRC may result in sanctions, including but not limited to the termination of any cash assistance;
(d)
For a county that has elected to implement a Colorado works controlled substance abuse control program described in section
26-2-706.6 (7)
, that the IRC may require the participant to participate in the Colorado works controlled substance abuse control program, based upon the participant's use of a controlled substance, by requiring the participant to take action toward rehabilitation consistent with the recommendations of the assessment pursuant to section
26-2-706.6 (7)
. The program may be included as a county-defined work activity. The rehabilitation plan may include random drug testing, drug treatment, or other rehabilitation activities. The participant may be subject to any sanctions for nonparticipation in a work activity if the participant fails to meet the requirements of the rehabilitation plan; except that a participant may not be sanctioned for failing to meet the requirements of the rehabilitation plan if services required under the plan are not available, if transportation or child care is not available, or if the costs of the services are prohibitive.
(e)
That the applicant or participant shall indicate by signature on the IRC either agreement with the terms and conditions of the IRC or that the applicant or participant requests a county level review of the proposed IRC in accordance with section
26-2-710 (4)
on the grounds that the proposed IRC is unreasonable within the context of the county's written policies.
(4)
(Deleted by amendment, L. 99, p. 272, § 1, effective April 13, 1999.)
(5)
The state board shall establish through rules, after consultation with domestic violence service providers, statewide standards and procedures that:
(a)
Require counties to provide notice to all past or present victims of domestic violence as described in the federal law or those at risk of further domestic violence of the referrals required pursuant to paragraph (b) of this subsection (5), the possible waivers pursuant to paragraph (c) of this subsection (5), and the applicable procedures described in paragraph (e) of this subsection (5);
(b)
Require counties to provide for referrals to any available counseling and supportive services to past or present victims of domestic violence as described in the federal law or those at risk of further violence, but the rules shall not obligate a county to pay for any counseling or supportive services to which a participant is referred;
(c)
Allow counties upon a showing of good cause, as determined by rules of the state board, to provide waivers from any program requirements, except as provided in paragraph (d) of this subsection (5), that will make it more difficult for an applicant or a participant to escape domestic violence or that would unfairly penalize such individuals who are or have been victimized by such violence or who are at risk of further violence;
(d)
Require counties to submit requests for waivers of work requirements to the state department to determine whether good cause exists to grant such waivers;
(e)
Require counties to assure the voluntariness and confidentiality of the procedures for identifying eligibility for referrals to supportive services and waivers, the procedures for applying for waivers, and the procedures by which an applicant or a participant who is denied a waiver may appeal such decision.
(5.3)
(a)
No later than July 1, 2023, the state board shall promulgate rules:
(I)
Establishing statewide standards and procedures that require counties to inform and not penalize any applicant or household that demonstrates good cause for an exemption from work requirements, which includes, but is not limited to, an applicant or participant who is:
(A)
The head of a single-parent household unit and has a child under one year of age; or
(B)
Experiencing hardship, as defined in rules promulgated by the state board; and
(II)
Ensuring equal access to TANF services for those exempted who wish to participate on a voluntary basis.
(b)
When promulgating rules pursuant to this subsection (5.3), the state board shall consider compliance with the federal law in relation to the calculation of the state's work participation rates specified in the federal law.
(5.5) and (6)
(Deleted by amendment, L. 2008, p. 1957, § 9, effective January 1, 2009.)
Amended by 2022 Ch. 348, § 5, eff. 6/3/2022.
Amended by 2014 Ch. 102, § 19, eff. 4/7/2014.
L. 97: Entire part added, p. 1200, § 1, effective June 3. L. 99: (1), (2), and (4) amended, p. 272, § 1, effective April 13; (3) amended, p. 658, § 1, effective May 18; (3) amended, p. 1359, § 1, effective June 3. L. 2001: (5)(d) amended, p. 1173, § 12, effective August 8; (5.5) added, p. 980, § 5, effective August 8. L. 2008: (1), (2), (3)(d), (5.5) and (6) amended, p. 1957, § 9, effective 1/1/2009. L. 2014: (1) amended, (SB 14-058), ch. 102, p. 384, § 19, effective April 7.
Amendments made to subsection (3) by House Bill 99-1203 and House Bill 99-1017 were harmonized. As a result of the harmonization, subsection (3)(d) contained in House Bill 99-1017 was renumbered on revision as (3)(e).