reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 2 - SPECIFIC VETERANS COMMUNITY LIVING CENTERS AUTHORIZED (§§ 26-12-201 — 26-12-207) › Section 26-12-202 - Walsenburg veterans community living center - contractual arrangement

(1)
For as long as the contract is in effect with the Huerfano county hospital district for the operation of the Walsenburg veterans community living center, the contract shall state that the veterans center is a separate entity for financial reporting purposes. The contract shall also state that the district is responsible for financial reporting, rate calculation, financial performance, compliance with all state and federal regulations, and compliance with section 20 of article X of the state constitution.
(2)
The Walsenburg veterans community living center must remain a state-owned entity for purposes of qualifying for federal veterans assistance payments and other federal veterans programs.
(3)
Nothing in this section shall be construed as affecting the state's ability to take over operations or to contract with any other entity should the contract with the district terminate.
Amended by 2014 Ch. 59,§ 23, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 191, § 1, effective April 10. L. 2014: (1) and (2) amended, (SB 14-096), ch. 59, p. 271, § 23, effective August 6.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 2 - SPECIFIC VETERANS COMMUNITY LIVING CENTERS AUTHORIZED (§§ 26-12-201 — 26-12-207) › Section 26-12-203 - The Colorado veterans community living center at Homelake - jurisdiction - definitions

(1)
(a)
The Colorado veterans community living center at Homelake, consisting of a veterans center, a domiciliary care unit, and the Homelake military veterans cemetery, referred to in this part 2 as the "veterans center", is declared to be a veterans center for veterans of service in the armed forces of the United States and their spouses, surviving spouses, and dependent parents. The Colorado veterans community living center at Homelake is a
type 2
entity, as defined in section
24-1-105
.
(b)
The legal effect of any statute enacted prior to July 1, 1973, designating such institution as the soldiers' and sailors' home or the Monte Vista golden age center, or by any other name, or property rights acquired and obligations incurred prior to said date under any other name, shall not be impaired hereby.
(2)
The veterans center shall be under the control and supervision of the state department.
(3)
For purposes of this section, "domiciliary care" means the provision of shelter, food, and necessary medical care on an ambulatory self-care basis:
(a)
To assist any individual who is eligible for occupancy in the veterans center pursuant to sections
26-12-104
and
26-12-106
and who is suffering from an incapacitating disability, disease, or disorder that prevents him or her from earning a living, but that does not require hospitalization or nursing care services to attain physical, mental, and social well-being; and
(b)
To restore, through special rehabilitative programs, such individual to his or her highest level of functioning.
Amended by 2022 Ch. 469,§74, eff. 8/10/2022.
Amended by 2017 Ch. 263,§223, eff. 5/25/2017.
Amended by 2014 Ch. 59,§24, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 191, § 1, effective April 10. L. 2012: (1)(a) and (3)(a) amended, (HB 12-1063), ch.149, p. 536, § 3, effective May 3. L. 2014: (1)(a), (2), and (3)(a) amended, (SB 14-096), ch. 59, p. 271, § 24, effective August 6. L. 2017: (3)(a) amended, (SB 17-242), ch. 263, p. 1334, § 223, effective May 25.
This section is similar to former § 26-12-301 as it existed prior to 1998.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For the "Administrative Organization Act of 1968", see article 1 of title 24. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 2 - SPECIFIC VETERANS COMMUNITY LIVING CENTERS AUTHORIZED (§§ 26-12-201 — 26-12-207) › Section 26-12-204 - Sale of property

(1)
The executive director, with the approval of the state board, shall sell any real property at the veterans center declared to be surplus by the state board to the highest bidder on such terms and conditions as are deemed appropriate by the executive director for not less than the appraised value thereof, as determined by an appraiser who is a member of the members appraisal institute (MAI), and to execute deeds of conveyance of such real property.
(2)
Upon the sale of real property pursuant to subsection (1) of this section, the proceeds shall be deposited in the central fund and applied toward the retirement of any outstanding anticipation warrants.
Amended by 2014 Ch. 59,§ 25, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 192, § 1, effective April 10. L. 2012: (1) amended, (HB 12-1063), ch. 149, p. 537, § 4, effective May 3. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 271, § 25, effective August 6.
This section is similar to former § 26-12-312 (2.5) as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 2 - SPECIFIC VETERANS COMMUNITY LIVING CENTERS AUTHORIZED (§§ 26-12-201 — 26-12-207) › Section 26-12-206 - Statement of intent

The general assembly of the state of Colorado hereby expresses its intent to appropriate the necessary funds from time to time to plan and construct the state nursing homes and to operate said homes in accordance with Title 38, U.S. Code.
L. 98: Entire article R&RE, p. 192, § 1, effective April 10.
This section is similar to former § 26-12-403 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 2 - SPECIFIC VETERANS COMMUNITY LIVING CENTERS AUTHORIZED (§§ 26-12-201 — 26-12-207) › Section 26-12-207 - Federal funds

Whenever a law or rule pertaining to the veterans administration or any other federal law permits the state to receive federal funds for the use and benefit of veterans community living centers, the executive director shall apply for and use such federal funds for the benefit of the veterans centers.
Amended by 2014 Ch. 59,§ 27, eff. 8/6/2014.
L. 98: Entire article R&RE, p. 192, § 1, effective April 10. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 272, § 27, effective August 6.
This section is similar to former § 26-12-405 as it existed prior to 1998.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 3 - [Repealed] (§ 26-12-301) › Section 26-12-301 - to 26-12-306 - [Repealed]

(1) Section 26-12-306 provided for the repeal of this part 3, effective July 1, 2007. (See L. 2005, p. 597.)
(2) This part 3 was added in 2005 and was not amended prior to its repeal in 2007. For the text of this part 3 prior to 2007, consult the 2006 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 4 - BOARD OF COMMISSIONERS OF VETERANS COMMUNITY LIVING CENTERS (§§ 26-12-401 — 26-12-403) › Section 26-12-401 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Board of commissioners" means the board of commissioners of veterans community living centers created in section
26-12-402
.
(2)
"Office" means the office within the state department responsible for the oversight of veterans community living centers, or its successor agency, in the state department.
Amended by 2014 Ch. 59,§ 28, eff. 8/6/2014.
Amended by 2013 Ch. 316,§ 85, eff. 8/7/2013.
L. 2007: Entire part added, p. 438, § 1, effective July 1. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1690, §85, effective August 7. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 272, § 28, effective August 6.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 12 - Veterans Community Living Centers Act (§§ 26-12-101 — 26-12-403) › Part 4 - BOARD OF COMMISSIONERS OF VETERANS COMMUNITY LIVING CENTERS (§§ 26-12-401 — 26-12-403) › Section 26-12-403 - [Repealed]

Repealed by 2017 Ch. 273,§1, eff. 6/1/2017.
L. 2007: Entire part added, p. 441, § 1, effective July 1. L. 2017: Entire section repealed, (SB 17-217), ch. 273, p. 1508, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-101 - Short title

This article shall be known and may be cited as the "Colorado Child Support Enforcement Act".
L. 79: Entire article added, p. 640, § 5, effective June 7.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-102 - Legislative declaration

The purposes of this article are to provide for enforcing the support obligations owed by obligors, to locate obligors, to establish parentage, to establish and modify child support obligations, and to obtain support in cooperation with the federal government pursuant to Title IV-D of the federal "Social Security Act", as amended, and other applicable federal regulations.
L. 79: Entire article added, p. 640, § 5, effective June 7. L. 82: Entire section amended, p. 282, § 7, effective April 2. L. 87: Entire section amended, p. 599, § 35, effective July 10. L. 2007: Entire section amended, p. 1653, § 11, effective May 31.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-102.5 - Definitions

As used in this article 13, unless the context otherwise requires:
(1)
"Delegate child support enforcement unit" means the unit of a county department of human or social services or its contractual agent that is responsible for carrying out the provisions of this article 13. The term contractual agent includes a private child support collection agency, operating as an independent contractor with a county department of human or social services, that contracts to provide any services that the delegate child support enforcement unit is required by law to provide.
(2)
(a)
"IV-D case" or "IV-D support order" means a case or a support order with respect to a child in which support enforcement services are provided, in accordance with Title IV-D of the federal "Social Security Act", as amended, and pursuant to this article, by the delegate child support enforcement unit to a custodian of a child who is or was a recipient:
(I)
Of aid to families with dependent children, as that program was in effect as of July 16, 1996;
(II)
Under the Colorado works program pursuant to part 7 of article
2
of this title;
(III)
Of medical assistance only under articles
4
,
5
, and
6
of title
25.5
, C.R.S.;
(IV)
Of Title IV-E foster care; or
(V)
Of foster care services under article
5
of this title.
(b)
The terms "IV-D case" or "IV-D support order" also include any case or order in which the custodian of a child applies to the delegate child support enforcement unit for support enforcement services and pays a fee for such services under section
26-13-106(2)
.
Amended by 2018 Ch. 38,§ 135, eff. 8/8/2018.
L. 90: Entire section added, p. 1407, § 1, effective June 8. L. 2003: (1) amended, p. 1270, § 62, effective July 1. L. 2006: (2) amended, p. 2019, § 107, effective July 1. L. 2010: (2) amended, (HB 10-1043), ch. 92, p. 317, §14, effective April 15. L. 2018: IP and (1) amended, (SB 18-092), ch. 38, p. 451, § 135, effective August 8.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-102.8 - Nondisclosure of information in exceptional circumstances

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and may not be disclosed to the other party or the public. A party seeking disclosure of all or part of such identifying information may request a hearing before the court. After a hearing in which the court takes into consideration the health, safety, or liberty of the party or child, the court shall make findings based upon the considerations specified in this section and may order disclosure of all or part of the information if the court determines the disclosure to be in the interest of justice.
L. 2004: Entire section added, p. 387, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-103 - Support enforcement program

The state department, pursuant to rules and regulations, shall establish a program to provide necessary support enforcement services. The state department shall establish a single and separate agency within the department to administer or supervise the administration of such program in accordance with Title IV-D of the federal "Social Security Act", as amended, and this article.
L. 79: Entire article added, p. 641, § 5, effective June 7. L. 82: Entire section amended, p. 282, § 8, effective April 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-104 - State plan

The state department shall prepare and submit to the United States secretary of health and human services a state plan and any amendments to such state plan that become necessary which meet the requirements of Title IV-D of the federal "Social Security Act", as amended.
L. 79: Entire article added, p. 641, § 5, effective June 7. L. 82: Entire section amended, p. 282, § 9, effective April 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-109 - Enforcement of support UIFSA

(1)
The state department shall be the state information agency for the "Uniform Interstate Family Support Act", article
5
of title
14
, C.R.S., in this state and reciprocal laws of other states; and, in this capacity, the state department shall:
(a)
Assist county departments and other agencies to carry out their responsibilities, powers, and duties to establish and enforce the liability of parents for the support of their minor children;
(b)
Aid in the location of deserting parents through the operation of the state parent locator service established in section
26-13-107
, obtain and transmit pertinent information and data from public officials and agencies, and assist in the training of local personnel employed to locate such parents;
(c)
Stimulate and encourage cooperation, through the holding of meetings and the exchange of information, between and among public officials, law enforcement agencies, and courts having powers and duties relating to the enforcement of the liability of parents for the support of their minor children, including cooperation with public officials, agencies, and courts of other states and the federal government, and, upon request or when required to do so by other provisions of law, advise such officials, agencies, and courts in the exercise of such powers or in the performance of such duties;
(d)
Develop, or assist in the development of, appropriate forms, guides, manuals, handbooks, and other materials which may be necessary or useful effectively to accomplish the objectives of this section;
(e)
Adopt any rules and regulations which may be necessary to carry out the purposes of this article.
L. 79: Entire article added, p. 643, § 5, effective June 7. L. 82: (1)(a) amended, p. 284, § 14, effective April 2. L. 93: IP(1) amended, p. 1606, § 10, effective 1/1/1995.
The substantive provisions of this section prior to 1979 were contained in §
26-1-113
.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-110 - Federal requirements

Nothing in this article shall be construed to prevent the state department from complying with federal requirements for the child support enforcement program expressly provided by Title IV-D of the "Social Security Act", as amended, in order for the state to qualify for federal funds under such act and to maintain said program within the limits of available appropriations.
L. 79: Entire article added, p. 643, § 5, effective June 7.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-111 - State income tax refund offset

(1)
(a)
At any time prescribed by the department of revenue, but not less frequently than annually, the state department shall certify to the department of revenue information regarding persons who owe a child support debt to the state pursuant to section
14-14-104
, C.R.S., or who owe child support arrearages as requested as a part of an enforcement action pursuant to article
5
of title
14
, C.R.S., or who owe child support arrearages which are the subject of enforcement services provided pursuant to section
26-13-106
.
(b)
Such information shall include the name and the social security number of the person owing the child support debt or arrearages, the amount of same, and any other identifying information required by the department of revenue.
(2)
Prior to final certification of the information specified in subsection (1) of this section to the department of revenue, the state department shall notify the obligated parent, in writing, that the state intends to refer the parent's name to the department of revenue in an attempt to offset the parent's child support debt or arrearages against the parent's state income tax refund. Such notification shall include information on the parent's right to object to the offset.
(3)
Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section
39-21-108 (3)
, C.R.S., and after deduction of the fees authorized in subsection (4) of this section to be collected from applicants receiving support enforcement services pursuant to section
26-13-106 (2)
, the state department shall disburse such amounts to the appropriate county department for processing or for distribution to the individual receiving support enforcement services pursuant to section
26-13-106
, as appropriate.
(4)
The state department shall promulgate rules and regulations, pursuant to article
4
of title
24
, C.R.S., establishing procedures to implement this section and may promulgate rules and regulations establishing reasonable fees to be collected from an applicant who is receiving support enforcement services provided pursuant to section
26-13-106 (2)
. Such fees shall not exceed the amount necessary to cover the cost of collecting overdue child support using the state tax refund offset procedure.
(5)
The home addresses and social security numbers of persons subject to the income tax refund offset, provided to the state department by the department of revenue, shall be sent to the respective delegate child support enforcement unit as defined in section
14-14-102
, C.R.S.
L. 85: Entire section added, p. 597, § 21, effective July 1. L. 86: (1)(a) amended, p. 729, § 16, effective July 1. L. 89: (1)(a), (3), and (4) amended, p. 798, § 32, effective July 1. L. 93: (1)(a) amended, p. 1606, § 11, effective 1/1/1995.
Prior to its repeal in 1985, provisions concerning child support debt offsets were found in §
14-14-108
.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-111.5 - State vendor payment offset

(1)
At any time prescribed by the controller, but not less frequently than annually, the state department shall certify to the controller information regarding persons who owe child support debt pursuant to section
14-14-104
, C.R.S., or who owe child support arrearages as requested as part of an enforcement action under article
5
of title
14
, C.R.S., or who owe child support arrearages that are the subject of enforcement services provided under section
26-13-106
.
(2)
Upon notification by the controller of amounts deposited with the state treasurer pursuant to section
24-30-202.4
, C.R.S., the state department shall disburse such amounts to the appropriate county for processing and distribution to the federal, state, or local agency to whom the person is obligated.
(3)
The state department shall promulgate rules establishing procedures to implement this section pursuant to article
4
of title
24
, C.R.S.
(4)
The last-known addresses and social security numbers of persons subject to the vendor payment offset, provided to the state department by the controller, shall be sent to the respective county departments or the food stamp district administered by the state department.
L. 97: Entire section added, p. 941, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-112 - [Repealed]

L. 85: Entire section added, p. 598, § 21, effective July 1. L. 90: (2)(c) amended, p. 1412, § 5, effective June 8. L. 98: (2)(c) amended, p. 825, § 39, effective August 5. L. 99: (6) added, p. 1087, § 7, effective July 1.
Subsection (6) provided for the repeal of this section, effective January 1, 2000. (See L. 99, p. 1087.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-113 - Placement in foster care automatic assignment of rights to child support

When a child or youth is placed in foster care pursuant to article 5 of this title 26 or Title IV-E of the federal "Social Security Act", as amended, all rights to current child support for the benefit of the child or youth are assigned by operation of law to the state department. If a county department that delivers child welfare services determines that a referral is appropriate in accordance with rules promulgated by the state board, a delegate child support enforcement unit may enforce a child support obligation when rights are assigned pursuant to this section. When placement has terminated, the assignment of rights to child support that accrued during the child's or youth's foster care placement remains in effect until foster care cost of care or maintenance costs have been reimbursed in full. Amounts collected pursuant to this section must be distributed to the federal government, the state, and the county proportionately according to each entity's contribution.
Amended by 2024 Ch. 222,§ 2, eff. 5/22/2024.
L. 85: Entire section added, p. 600, § 21, effective July 1. L. 2004: Entire section amended, p. 387, § 6, effective July 1. L. 2011: Entire section amended, (SB 11 -123), ch. 46, p. 120, § 7, effective August 10.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-115 - [Repealed]

L. 85: Entire section added, p. 601, § 21, effective July 1. L. 90: Entire section repealed, p. 1416, § 17, effective June 8.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-115.5 - Family support registry fund created

(1)
There is hereby created in the state treasury a fund to be known as the family support registry fund, which shall consist of any money credited thereto from the investment earnings on money deposited with the state treasurer, money accruing from collections for child support received by the family support registry, any undeliverable child support payments, and any fees collected pursuant to section
26-13-114 (13)
. Money in the family support registry fund shall be continuously appropriated to the state department to reimburse the family support registry for unfunded payments by obligors or for other incidental expenditures associated with the operation of the family support registry. At the end of any fiscal year, all unexpended and unencumbered money in the family support registry fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund of the state; except that any non-IV-D child support payments that are undeliverable after two years shall be considered unclaimed property for purposes of the "Revised Uniform Unclaimed Property Act", article
13
of title
38
, and shall be reported to the administrator of the "Revised Uniform Unclaimed Property Act" for purposes of locating the payee. Consistent with the requirements for confidentiality of information regarding child support, the state department shall specify the amount of money that is unclaimed and provide sufficient identifying information, if available, to allow the administrator to locate the payee.
(2)
Repealed.
Amended by 2019 Ch. 110, § 12, eff. 7/1/2020.
L. 90: Entire section added, p. 1410, § 3, effective June 8. L. 98: Entire section amended, p. 763, § 11, effective July 1. L. 2001: Entire section amended, p. 723, § 8, effective May 31. L. 2002: Entire section amended, p. 157, § 16, effective March 27; (2) repealed, p. 673, § 6, effective May 28; entire section amended, p. 25, § 4, effective July 1. L. 2019: (1) amended, (SB 19-088), ch. 468, p. 468, § 12, effective 7/1/2020.
The term "custody", and related terms, has been changed in other places in the Colorado Revised Statutes to correspond with the use of the term "parental responsibilities" as described in section
14-10-124
.
For the "Unclaimed Property Act", see article 13 of title 38 .
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-116 - Debt information made available to consumer reporting agencies - notice to noncustodial parent - fees - rules - definitions

(1)
For purposes of this section, "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(2)
(Deleted by amendment, L. 97, p. 1295, § 38, effective July 1, 1997.)
(2.5)
(a)
The child support enforcement agency may provide information to consumer reporting agencies regarding child support obligations pursuant to federal law.
(b)
(Deleted by amendment, L. 97, p. 1295, § 38, effective July 1, 1997.)
(3)
Prior to furnishing any information pursuant to subsection (2.5) of this section, the child support enforcement agency shall provide advance notice to the obligor parent regarding the proposed release of the information to the consumer reporting agency. Such notice shall contain an explanation of the obligor parent's right to contest the accuracy of the information to be released.
(4)
(Deleted by amendment, L. 96, p. 617, § 22, effective July 1, 1996.)
(5)
The state board shall promulgate rules, pursuant to section
24-4-103
, to implement this section, including but not limited to procedures for contesting the accuracy of the information listed on the notice. The rules shall be in addition to any rights that a person may have to contest a consumer reporting agency report pursuant to sections
5-18-110
to
5-18-117
.
Amended by 2017 Ch. 260, § 23, eff. 8/9/2017.
L. 85: Entire section added, p. 602, § 21, effective July 1. L. 91: (2), (3), and (5)(b) amended, p. 256, § 19, effective July 1. L. 94: (2.5) added, p. 2045, § 4, effective June 3. L. 96: (3) to (5) amended, p. 617, § 22, effective July 1. L. 97: (2), (2.5), (3), and (5) amended, p. 1295, § 38, effective July 1. L. 2017: (5) amended, (HB 17-1238), ch. 260, p. 1175, § 23, effective August 9.
For the legislative declaration contained in the 1997 act amending this section, see section 1 of chapter 236, Session Laws of Colorado 1997.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-117 - [Repealed]

L. 88: Entire section added, p. 637, § 18, effective July 1. L. 96: Entire section repealed, p. 1262, § 169, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-118.5 - Unclaimed property offset - definitions

(1)
The state department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the "Revised Uniform Unclaimed Property Act", article
13
of title
38
, for the purpose of offsetting against a claim for unclaimed property the amount of current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance owed by the person claiming the unclaimed property.
(2)
The state department shall notify an obligated person in writing that the state intends to offset the person's current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance against the person's claim for unclaimed property. The notification shall include information on the person's right to object to the offset and to request an administrative review.
(3)
For purposes of this section, "claim for unclaimed property" means a cash claim submitted in accordance with section
38-13-903
.
Amended by 2019 Ch. 110,§ 13, eff. 7/1/2020.
L. 2005: Entire section added, p. 698, § 3, effective August 8.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-119 - Distribution of amounts collected

(1)
This section shall only apply to Title IV-D cases under the federal "Social Security Act" where the delegate child support enforcement unit is providing support enforcement services pursuant to section
26-13-106
and has responsibility to collect the required support obligation for the month.
(2)
Notwithstanding any provision in the Colorado rules of civil procedure to the contrary, any amounts collected by the delegate child support enforcement agency, except for federal income tax refund offsets, shall be allocated and distributed first to satisfy the required support obligation for the month in which the collection was received, except when the payment is distributed to pay the fee required by section
26-13-106(4)
. In cases where some portion of an amount collected pursuant to execution on a judgment is diverted to satisfy the required support obligation for the month in which the collection was received, the delegate child support enforcement agency shall file a partial satisfaction of judgment with the court that reflects the portion of the amount collected that is actually allocated and distributed to satisfy the judgment.
L. 89: Entire section added, p. 798, § 33, effective July 1. L. 98: (2) amended, p. 763, § 12, effective July 1. L. 2007: (2) amended, p. 1654, § 13, effective October 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-120 - [Repealed]

L. 90: Entire section added, p. 893, § 18, effective July 1. L. 93: (2) amended, p. 1565, § 19, effective September 1. L. 97: Entire section repealed, p. 1295, § 39, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-124 - Privatization of child support enforcement programs

The state department shall consult with the counties to determine what services of the child support enforcement program may be advantageous to privatize. The state department is authorized to procure such services on behalf of participating counties if the participating counties and the state department agree to such procurement.
L. 2008: Entire section amended, p. 1911, § 116, effective August 5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13 - Child Support Enforcement Act (§§ 26-13-101 — 26-13-129) › Section 26-13-129 - Exemption from federal law

Upon a determination, finding, or warning of noncompliance or upon such other notification from the federal department of health and human services that the state may not be, or is not, in compliance with a provision of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, relating to the establishment of paternity or the establishment, modification, or enforcement of support, the state department shall seek a federal waiver or exemption pursuant to
42 U.S.C. sec. 666 (d)
from the specific requirement of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" with which the state is alleged to be out of compliance.
L. 97: Entire section added, p. 1307, § 43, effective July 1.
For the legislative declaration contained in the 1997 act enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-101 - Short title

This article shall be known and may be cited as the "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support".
L. 89: Entire article added, p. 1238, § 1, effective 4/1/1990.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-103.5 - Notice of financial responsibility amended - adding children

(1)
In any existing case commenced under this article, if it is alleged that another child has been conceived of the parents named in the existing case and at least one of the presumptions of paternity specified in section
19-4-105
, C.R.S., applies, the delegate child support enforcement unit shall issue an amended notice of financial responsibility to add the child to the case.
(2)
The amended notice of financial responsibility to add a child to an existing case shall be served in the manner set forth in section
26-13.5-104
.
(3)
The amended notice of financial responsibility to add a child to an existing case shall contain all of the advisements required in an original notice of financial responsibility as set forth in section
26-13.5-103
.
(4)
Notwithstanding the provisions of subsection (1) of this section, in any case where there exists more than one alleged or presumed father for a child pursuant to section
19-4-105
, C.R.S., a new case shall be commenced for that child to determine the child's paternity, establish child support, and address any other related issues. If it is determined that the child is the child of parents named in an existing case, the cases shall be consolidated pursuant to rule 42 of the Colorado rules of civil procedure.
L. 2008: Entire section added, p.1350, § 9, effective 1/1/2009.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-104 - Service of notice of financial responsibility

(1)
The delegate child support enforcement unit shall serve a notice of financial responsibility on the APA-respondent at least fourteen days prior to the date stated in the notice for the negotiation conference:
(a)
In the manner prescribed for service of process in a civil action; or
(b)
By an employee appointed by the delegate child support enforcement unit to serve such process; or
(c)
By certified mail, return receipt requested, signed by the obligor only. The receipt shall be prima facie evidence of service.
(2)
Service of process to establish paternity and financial responsibility may be made under this article by certified mail as specified in subsection (1) of this section or by any of the other methods of service specified in said subsection (1).
(3)
If process has been served pursuant to this section, additional service of process is not necessary if the case is referred to court for further action or review.
(4)
An APA-respondent may waive service by signing a waiver of service of process and thereby waives the fourteen-day notice period required by subsection (1) of this section.
(5)
Service of process on the APA-petitioner is not required. The APA-petitioner voluntarily submits himself or herself to the jurisdiction of the delegate child support enforcement unit and the court in connection with any APA case.
(6)
A copy of the notice of financial responsibility must be provided to the APA-petitioner by first-class mail, hand delivery, or electronic transmission if agreed to by the APA-petitioner, at least fourteen days prior to the date of the negotiation conference. The APA-petitioner may waive the right to this fourteen-day notice period.
Amended by 2018 Ch. 389, § 6, eff. 7/1/2019.
L. 89: Entire article added, p. 1241, § 1, effective 4/1/1990. L. 90: IP(1) amended, p. 896, § 21, effective July 1. L. 92: Entire section amended, p. 184, § 6, effective August 1. L. 2018: IP(1) and (3) amended and (4), (5), and (6) added, (HB 18-1363), ch. 389, p. 2327, § 6, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-107 - [Effective until 8/7/2024] Orders - duration - effect of court determinations

(1)
A copy of any order of financial responsibility or of any default order or of any temporary order of financial responsibility issued by the delegate child support enforcement unit must be sent by such unit by first-class mail to the APA-petitioner and APA-respondent or his or her attorney of record and to the custodian of the child.
(2)
Any order of financial responsibility, any default order, and any temporary order of financial responsibility must continue until modified by administrative or court order, even if the child is no longer receiving benefits under the programs listed in section
26-13-102.5 (2)(a)
, unless the child is emancipated or is otherwise no longer entitled to support. In the event that the order of financial responsibility, default order, or temporary order of financial responsibility is entered in a case at a time when there is a court action on the same case, the court may credit a portion of a monthly amount paid under the administrative process order towards future payments due in the court case only if the order in the court case is established at a lower amount than the administrative process order and only to the extent of the difference between the amount of the court order and the amount of the administrative process order.
(3)
Nothing contained in this article 13.5 deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an administrative order is issued pursuant to this article 13.5. Such a determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but does not affect any arrearage which may have accrued under the administrative order.
(4)
Any party to an APA order may file a request for relief from an APA judgment or order. The request must be in writing and filed with the court after the APA order becomes effective. The court may not conduct a review of a pending APA order. The review must be pursuant to C.R.C.P. 60.
Amended by 2018 Ch. 389, § 9, eff. 7/1/2019.
L. 89: Entire article added, p. 1244, § 1, effective 4/1/1990. L. 92: (1) and (2) amended, p. 217, § 20, effective August 1. L. 2010: (2) amended, (HB 10 - 10 43), ch. 92, p. 317, § 15, effective April 15. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2331, § 9, effective 7/1/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-107 - [Effective 8/7/2024] Orders - duration - effect of court determinations

(1)
A copy of any order of financial responsibility or of any default order or of any temporary order of financial responsibility issued by the delegate child support enforcement unit must be sent by the unit by first-class mail to the APA-petitioner and APA-respondent or the APA-petitioner's or APA-respondent's attorney or licensed legal paraprofessional of record and to the custodian of the child.
(2)
Any order of financial responsibility, any default order, and any temporary order of financial responsibility must continue until modified by administrative or court order, even if the child is no longer receiving benefits under the programs listed in section
26-13-102.5 (2)(a)
, unless the child is emancipated or is otherwise no longer entitled to support. In the event that the order of financial responsibility, default order, or temporary order of financial responsibility is entered in a case at a time when there is a court action on the same case, the court may credit a portion of a monthly amount paid under the administrative process order towards future payments due in the court case only if the order in the court case is established at a lower amount than the administrative process order and only to the extent of the difference between the amount of the court order and the amount of the administrative process order.
(3)
Nothing contained in this article 13.5 deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an administrative order is issued pursuant to this article 13.5. Such a determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but does not affect any arrearage which may have accrued under the administrative order.
(4)
Any party to an APA order may file a request for relief from an APA judgment or order. The request must be in writing and filed with the court after the APA order becomes effective. The court may not conduct a review of a pending APA order. The review must be pursuant to C.R.C.P. 60.
Amended by 2024 Ch. 131,§ 28, eff. 8/7/2024.
Amended by 2018 Ch. 389, § 9, eff. 7/1/2019.
L. 89: Entire article added, p. 1244, § 1, effective 4/1/1990. L. 92: (1) and (2) amended, p. 217, § 20, effective August 1. L. 2010: (2) amended, (HB 10 - 10 43), ch. 92, p. 317, § 15, effective April 15. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2331, § 9, effective 7/1/2019.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-108 - [Repealed]

L. 89: Entire article added, p. 1244, § 1, effective 4/1/1990. L. 90: (1) and (2) amended, p. 898, § 24, effective July 1. L. 91: (2) amended, p. 258, § 23, effective July 1. L. 92: Entire section repealed, p. 217, § 21, effective August 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-109 - Notice of financial responsibility - issued in which county

A notice of financial responsibility may be issued by a delegate child support enforcement unit pursuant to this article in any county where public assistance was paid, the county where the obligor resides, the county where the obligee resides, or the county where the child resides as prescribed by rule and regulation pursuant to section
26-13.5-113
.
L. 89: Entire article added, p. 1245, § 1, effective 4/1/1990.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-110 - Paternity - establishment - filing of order with court

(1)
The delegate child support enforcement unit may issue an order establishing paternity of and financial responsibility for a child in the course of a support proceeding pursuant to this article 13.5 when a parent signs a statement that the paternity of the child for whom support is sought has not been legally established and that the parents are the legal parents of the child and if neither parent is contesting the issue of paternity or may issue a default order establishing paternity and financial responsibility in accordance with section
26-13.5-106
. Prior to issuing an order pursuant to this section, the delegate child support enforcement unit shall advise both parents in writing as prescribed by rule promulgated pursuant to section
26-13.5-113
of their legal rights concerning the determination of paternity.
(2)
A copy of the order establishing paternity and financial responsibility and the sworn statement of the parent and, in the case of a default order establishing paternity and financial responsibility, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued or as otherwise provided in accordance with section
26-13.5-105 (2)
. The order establishing paternity and financial responsibility has all the force, effect, and remedies of an order of the district court, and the order may be executed upon and enforced in the same manner as an order of the court.
(3)
If the order establishing paternity is at variance with the child's birth certificate, the delegate child support enforcement unit shall order that a new birth certificate be issued pursuant to section
19-4-124
.
(4)
Service of process to establish paternity and financial responsibility may be made pursuant to this article 13.5 by any method of service, including certified mail, as specified in section
26-13.5-104
.
Amended by 2018 Ch. 389, § 10, eff. 7/1/2019.
L. 89: Entire article added, p. 1245, § 1, effective 4/1/1990. L. 90: (2) amended, p. 899, § 25, effective July 1. L. 92: Entire section amended, p. 186, § 8, effective August 1. L. 97: (2) amended, p. 565, § 18, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2332, § 10, effective 7/1/2019.