2019 Colorado Revised Statutes
Title 26 - Human Services Code


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Colorado Revised Statutes 2019 TITLE 26 HUMAN SERVICES CODE ARTICLE 1 Department of Human Services Editor's note: This article was numbered as article 1 of chapter 119, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. PART 1 GENERAL PROVISIONS 26-1-101. Short title. This title shall be known and may be cited as the "Colorado Human Services Code". Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-1. L. 93: Entire section amended, p. 1103, § 16, effective July 1, 1994. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-1-102. Legislative declaration. (1) The general assembly declares that state and local policymakers and health and human services administrators recognize that the management of and the delivery system for health and human services have become complex, fragmented, and costly and that the health and human services delivery system in this state should be restructured to adequately address the needs of Colorado citizens. (2) The general assembly further finds and declares that a continuing budget crisis makes it unlikely that funding sources will keep pace with the increasing demands of health and human services. (3) Therefore, the general assembly finds that it is appropriate to restructure the principal departments responsible for overseeing the delivery of health and human services and to reform the state's health and human services delivery system, using guiding principles and within the time frames set forth in article 1.7 of title 24, C.R.S. It is the general assembly's intent that the departments of public health and environment, health care policy and financing, and human services be operational, effective July 1, 1994. Colorado Revised Statutes 2019 Page 1 of 490 Uncertified Printout Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-2. L. 77: Entire section amended, p. 1321, § 1, effective July 1. L. 79: (1) amended, p. 1080, § 1, effective July 1. L. 91: Entire section amended, p. 1895, § 3, effective July 1. L. 93: Entire section amended, p. 1103, § 17, effective July 1, 1994. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-1-103. Definitions. As used in this title 26, unless the context otherwise requires: (1) "County board" means the county or district board of human or social services. (2) "County department" means the county or district department of human or social services. (3) "County director" means the director of the county or district department of human or social services. (4) "Executive director" means the executive director of the department of human services. (5) "State board" means the state board of human services authorized to act in accordance with the provisions of section 26-1-107. (6) "State department" means the department of human services. (7) "State designated agency" means an agency designated to perform specified functions that would otherwise be performed by the county departments. Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-3. L. 91: (7) added, p. 1895, § 4, effective July 1. L. 93: (4) to (6) amended, p. 1104, § 18, effective July 1, 1994. L. 94: (5) amended, p. 1560, § 6, effective July 1. L. 2003: (4), (5), and (6) amended, p. 2584, § 5, effective July 1. L. 2006: (4), (5), (6), and (7) amended, p. 1985, § 8, effective July 1. L. 2015: (2) and (3) amended, (SB 15-087), ch. 263, p. 1001, § 1, effective June 2. L. 2018: IP and (1) amended, (SB 18-092), ch. 38, p. 446, § 114, effective August 8. Cross references: (1) For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. (2) For additional definitions applicable to this article, see § 26-2-103. 26-1-104. Construction of terms. (1) Whenever any law of this state refers to the state department of public welfare or the state department of social services, or to the director, said law shall be construed as referring to the department of human services or to the executive director of the department of human services. Whenever any law of this state refers to the division of public assistance, or to the division of children and youth, or to any other division of the state department, said law shall be construed as referring to the department of human services. (2) Whenever any law of this state refers to the state board of public welfare or to the state board of social services, said law shall be construed as referring to the state board of human services. Colorado Revised Statutes 2019 Page 2 of 490 Uncertified Printout Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-3. L. 93: Entire section amended, p. 1104, § 19, effective July 1, 1994. L. 94: (2) amended, p. 1560, § 7, effective July 1. L. 2006: Entire section amended, p. 1985, § 9, effective July 1. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-1-105. Department of human services created - executive director - powers, duties, and functions. (1) Effective July 1, 1994, 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 executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after an initial election of a governor shall be subject to the provisions of section 24-20-109, C.R.S. The executive director has those powers, duties, and functions prescribed for the heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (1.5) The department of human services shall consist of a state board of human services, an executive director of the department of human services, and such divisions, sections, and other units as may be established by the executive director pursuant to the provisions of subsection (2) of this section. (2) (a) The executive director may establish such divisions, sections, and other units within the state department as are necessary for the proper and efficient discharge of the powers, duties, and functions of the state department. The executive director may allocate the powers, duties, and functions previously assigned to statutorily created divisions or sections of the state department of social services and the department of institutions to the divisions, sections, and other units established pursuant to this subsection (2). The executive director is authorized to create, eliminate, or alter such sections and units within the state department as the executive director determines are necessary to effectively and efficiently operate consistent with the plan for restructuring health and human services, as set forth in article 1.7 of title 24, C.R.S. (b) (Deleted by amendment, L. 93, p. 1105, § 20, effective July 1, 1994.) (3) The department of human services shall be responsible for the administration of human services programs as set forth in part 2 of this article. (4) On and after January 1, 2014, the department of human services shall implement a program to generate awareness among: (a) The residents of the state regarding the mistreatment, self-neglect, and exploitation of at-risk adults; (b) The persons identified in section 26-3.1-102 (1)(b) who are urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult; and (c) The persons identified in section 18-6.5-108, C.R.S., who are required to report the abuse or exploitation of an at-risk elder. Source: L. 73: R&RE, p. 1161, § 1. C.R.S. 1963: § 119-1-4. L. 93: Entire section amended, p. 1105, § 20, effective July 1, 1994. L. 2013: (4) added, (SB 13-111), ch. 233, p. 1126, § 10, effective May 16. Colorado Revised Statutes 2019 Page 3 of 490 Uncertified Printout Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration in the 2013 act adding subsection (4), see section 1 of chapter 233, Session Laws of Colorado 2013. 26-1-105.5. Transfer of functions - employees - property - records. (1) (a) The department shall, on and after July 1, 1994, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested prior to July 1, 1994, in the department of social services, the department of institutions, and the department of health concerning the administration of substance use disorder treatment programs. (b) On and after July 1, 2006, the provisions of this section shall not apply to the functions, employees, and property transferred under the provisions of sections 24-1-119.5, C.R.S., and 25.5-1-105, C.R.S., concerning the "Colorado Medical Assistance Act", the Colorado indigent care program, and the treatment program for high-risk pregnant women. (2) (a) On and after July 1, 1994, all positions of employment in the department of health, the department of social services, and the department of institutions concerning the powers, duties, and functions transferred to the department of human services pursuant to this article and determined to be necessary to carry out the purposes of this article by the executive director of the department of human services shall be transferred to the department of human services and shall become employment positions therein. The executive director shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the state department and the executive director. On and after July 1, 1994, any appointment of employees and any creation or elimination of positions of employment shall be consistent with the plan for restructuring health and human services as set forth in article 1.7 of title 24, C.R.S. Appointing authority may be delegated by the executive director as appropriate. (b) On and after July 1, 1994, all employees of the department of health, the department of social services, and the department of institutions whose duties and functions concerned the powers, duties, and functions transferred to the department of human services pursuant to this article, regardless of whether the position of employment in which the employee served was transferred, shall be considered employees of the department of human services for purposes of section 24-50-124, C.R.S. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed continuous. (3) On July 1, 1994, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the departments of health, social services, and institutions pertaining to the duties and functions transferred to the department of human services are transferred to the department of human services and shall become the property thereof. (4) On and after July 1, 1994, whenever the department of health, social services, or institutions is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department of human services, such reference or designation shall be deemed to apply to the department of human services. All contracts entered into by the said departments prior to July 1, 1994, in connection with the duties and functions transferred to the department of human services are hereby validated, with the department of human services succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, trusts, grants, and any appropriations of funds from prior fiscal years open to Colorado Revised Statutes 2019 Page 4 of 490 Uncertified Printout satisfy obligations incurred under such contracts shall be transferred and appropriated to the department of human services for the payment of such obligations. (5) On and after July 1, 1994, unless otherwise specified, whenever any provision of law refers to the department of health, social services, or institutions, in connection with the duties and functions transferred to the department of human services, said law shall be construed as referring to the department of human services. (6) All rules, regulations, and orders of the departments of health, social services, and institutions adopted prior to July 1, 1994, in connection with the powers, duties, and functions transferred to the department of human services, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. The executive director shall adopt rules necessary for the administration of the state department and as otherwise authorized by this title. Any rules adopted on and after July 1, 1994, shall be consistent with the plan for restructuring health and human services, as set forth in article 1.7 of title 24, C.R.S. (7) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 1994, or which could have been commenced prior to such date, by or against the department of health, social services, or institutions, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties, shall abate by reason of the transfer of duties and functions from the said department to the department of human services. (8) The revisor of statutes is hereby authorized to change all references in the Colorado Revised Statutes to the department of social services and the department of institutions from said references to the department of human services, as appropriate and unless otherwise transferred to the department of health care policy and financing pursuant to section 25.5-1-105, C.R.S. In connection with such authority, the revisor of statutes is hereby authorized to amend or delete provisions of the Colorado Revised Statutes so as to make the statutes consistent with the powers, duties, and functions transferred pursuant to this section. Source: L. 93: Entire section added, p. 1106, § 21, effective July 1, 1994. L. 2006: (1)(b) amended, p. 2016, § 94, effective July 1. L. 2017: (1)(a) amended, (SB 17-242), ch. 263, p. 1330, § 211, effective May 25. Cross references: (1) (a) For the legislative declaration contained in the 1993 act enacting this section, see section 1 of chapter 230, Session Laws of Colorado 1993. (b) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. (2) For the "Colorado Medical Assistance Act", see articles 4, 5, and 6 of title 25.5. 26-1-106. Final agency action - administrative law judge - authority of executive director. (1) (a) The executive director may appoint one or more persons to serve as administrative law judges for the state department pursuant to section 24-4-105, C.R.S., and pursuant to part 10 of article 30 of title 24, C.R.S., subject to appropriations made to the department of personnel. Hearings conducted by the administrative law judge shall be considered initial decisions of the state department which shall be reviewed by the executive director or a designee. In the event exceptions to the initial decision are filed pursuant to section 24-4-105 (14)(a)(I), C.R.S., such review shall be in accordance with section 24-4-105 (15), C.R.S.; except that the state department may, at its discretion, permit a party to file an audio Colorado Revised Statutes 2019 Page 5 of 490 Uncertified Printout recording in lieu of a written transcript if the party cannot afford a written transcript. The state board may adopt rules delineating the criteria and process for filing an audio recording in lieu of a written transcript. In the absence of any exception filed pursuant to section 24-4-105 (14)(a)(I), C.R.S., the executive director shall review the initial decision in accordance with a procedure adopted by the state board. Such procedure shall be consistent with federal mandates concerning the single state agency requirement. Review by the executive director in accordance with section 24-4-105 (15), C.R.S., or the procedure adopted by the state board pursuant to this section shall constitute final agency action. The administrative law judge may conduct hearings on appeals from decisions of county departments brought by recipients of and applicants for public assistance and welfare which are required by law in order for the state to qualify for federal funds, and may conduct other hearings for the state department. Notice of any such hearing shall be served at least ten days prior to such hearing. (b) Repealed. (c) (Deleted by amendment, L. 2009, (SB 09-044), ch. 57, p. 203, § 1, effective March 25, 2009.) (2) (Deleted by amendment, L. 2009, (SB 09-044), ch. 57, p. 203, § 1, effective March 25, 2009.) (3) (Deleted by amendment, L. 91, p. 1883, § 1, effective May 24, 1991.) Source: L. 73: R&RE, p. 1161, § 1. C.R.S. 1963: § 119-1-5. L. 76: Entire section amended, p. 587, § 25, effective May 24. L. 78: Entire section amended, p. 272, § 90, effective May 23. L. 83: Entire section amended, p. 1113, § 1, effective May 16. L. 87: Entire section amended, p. 973, § 87, effective March 13. L. 89: Entire section amended, p. 1184, § 1, effective July 1. L. 91: (1) and (3) amended, p. 1883, § 1, effective May 24. L. 93: (1)(a) and (2) amended, pp. 425, 426, §§ 1, 2, effective April 19. L. 95: (2) amended, p. 928, § 33, effective May 25; (1)(a) and (1)(c) amended, p. 665, § 102, effective July 1. L. 97: (1)(b) amended, p. 1191, § 11, effective July 1. L. 2005: (1)(c) amended, p. 859, § 26, effective June 1. L. 2009: Entire section amended, (SB 09-044), ch. 57, p. 203, § 1, effective March 25. Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective January 1, 2001. (See L. 97, p. 1191.) 26-1-107. State board of human services - rules. (1) (a) There is created the state board of human services, referred to in this section as the "state board". The state board consists of nine members appointed by the governor, with the consent of the senate, for terms of four years each. In making appointments to the board, the governor shall include representation by at least one member who is a person with a disability, as defined in section 24-34-301 (2.5), a family member of a person with a disability, or a member of an advocacy group for persons with disabilities. (b) As vacancies occur, on and after July 1, 1973, appointments shall be made so that three of the members of the state board shall be appointed from among persons who are serving as county commissioners in this state. Whenever a county commissioner serving as a member of the state board ceases to hold the office of county commissioner, a vacancy on the state board shall occur, and the governor shall fill the vacancy by the appointment of a person who at the time is serving as a county commissioner. A county commissioner shall not vote on any matter Colorado Revised Statutes 2019 Page 6 of 490 Uncertified Printout coming before the state board which affects the county in which he is serving as commissioner in a manner different from other counties. (2) No recipient of a pension under the Colorado old age pension statutes shall be eligible for appointment to the state board. (3) The members of the state board shall serve without compensation, with the exception of necessary actual traveling expenses. (4) The state board shall act only by resolution adopted at a duly called meeting of the state board, and no individual member of the state board shall exercise administrative authority with respect to the state department. (5) (a) "Board rules" are rules promulgated by the state board governing: (I) Program scope and content; (II) Requirements, obligations, and rights of clients and recipients; (III) Non-executive director rules concerning vendors, providers, and other persons affected by acts of the state department. (b) The state board shall have authority to adopt "board rules" for programs administered and services provided by the state department as set forth in this title and in title 27, C.R.S. (c) Any rules adopted by the executive director to implement the provisions of this title or title 27, C.R.S., prior to March 25, 2009, whose content meets the definition of "board rules" shall continue to be effective until revised, amended, or repealed by the state board. (d) Whenever a statutory grant of rule-making authority in this title or in title 27, C.R.S., refers to the state department or the department of human services, it shall mean the state department acting through either the state board or the executive director or both. When exercising rule-making authority under this title or title 27, C.R.S., the state department, either acting through the state board or the executive director, shall establish rules consistent with the powers and the distinction between "board rules" as set forth in this section and "executive director rules" as set forth in section 26-1-108. (6) The state board shall: (a) Adopt board rules; (b) Hold hearings relating to the formulation and revision of the policies of the state department; (c) Advise the executive director as to any matters that the executive director may bring before the state board; (d) Meet as is necessary to adjust the minimum award for old age pensions for changes in the cost of living pursuant to section 26-2-114 (1); except that the state board shall meet for such a purpose whenever the monthly index of consumer prices, prepared by the bureau of labor statistics of the United States department of labor, increases or decreases by an amount warranting an increase or decrease over the previous adjustment and the United States social security administration increases benefits similarly adjusted for changes in the cost of living. Such a meeting shall be held within twenty days of the publication of the monthly index which first exceeds the previous level by said amount. (e) Adopt rules and regulations for the purpose of establishing guidelines for the placement of children from locations outside of Colorado into this state for foster care or adoption pursuant to section 19-5-203, C.R.S., or section 26-6-104 or the terms of the "Interstate Compact on Placement of Children" as set forth in part 18 of article 60 of title 24, C.R.S.; Colorado Revised Statutes 2019 Page 7 of 490 Uncertified Printout (f) Adopt rules governing the operations of the statewide adoption resource registry as described in section 26-1-111 (4); (g) Adopt rules concerning programs related to behavioral, mental health, or substance use disorders and intellectual and developmental disabilities. To the extent that rules are promulgated by the state board of human services for programs or providers that receive either medicaid only or both medicaid and non-medicaid funding, the rules must be developed in cooperation with the department of health care policy and financing and must not conflict with state statutes or federal statutes or regulations. (h) Adopt rules concerning standards for the level of training, education, and experience that a psychiatrist or psychologist shall have to be qualified to perform competency evaluations in criminal cases pursuant to section 16-8-106 and article 8.5 of title 16, C.R.S., and standards for conducting and reporting competency evaluations in criminal cases. Prior to adopting the rules, the state board shall consider recommendations from the competency evaluation advisory board created in section 16-8.5-119, C.R.S. (7) When federal statute or regulation requires, as a condition for the receipt of federal participation in any state department administered or supervised public assistance or welfare program, that specific forms of income to recipients and applicants or other persons whose income would otherwise be considered to be disregarded, such income shall be disregarded and the rules of the state board shall include provisions to effect such requirements. (8) Nothing in this section shall be construed to affect any specific statutory provision granting rule-making authority in relation to a specific program to the state board. (9) and (9.5) (Deleted by amendment, L. 2006, p. 1986, § 10, effective July 1, 2006.) (10) The state board shall fix minimum standards and qualifications for county department personnel based upon training and experience deemed necessary to fulfill the requirements and responsibilities for each position and establish salary schedules based upon prevailing wages for comparable work within each county or district or region where such data is available and is collected and compiled in a manner approved by the state personnel director. The rules issued by the state board shall be binding upon the several county departments. At any public hearing relating to a proposed rule making, interested persons shall have the right to present their data, views, or arguments orally. Proposed rules of the state board shall be subject to the provisions of section 24-4-103, C.R.S. Source: L. 73: R&RE, p. 1162, § 1. C.R.S. 1963: § 119-1-6. L. 93: Entire section amended, p. 1108, § 22, effective July 1, 1994. L. 94: (9) amended, p. 1560, § 8, effective July 1; (10) added, p. 2611, § 13, effective July 1. L. 97: (5), (7), and (10) amended, p. 1219, § 2, effective July 1; (6) amended, p. 1183, § 2, effective July 1. L. 2003: (9.5) added, p. 2585, § 6, effective July 1. L. 2006: (6)(g), (7), (9), and (9.5) amended, p. 1986, § 10, effective July 1. L. 2007: (6)(h) added, p. 41, § 2, effective March 8. L. 2008: (6)(h) amended, p. 1859, § 18, effective July 1. L. 2009: (5) amended, (SB 09-044), ch. 57, p. 204, § 3, effective March 25; (1)(a) amended, (HB 09-1281), ch. 399, p. 2154, § 5, effective August 5. L. 2011: (1)(a) amended, (SB 11-183), ch. 132, p. 466, § 3, effective August 10. L. 2017: (6)(g) amended, (SB 17-242), ch. 263, p. 1331, § 212, effective May 25. L. 2018: (1)(a) amended, (HB 18-1364), ch. 351, p. 2082, § 8, effective July 1. Colorado Revised Statutes 2019 Page 8 of 490 Uncertified Printout Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act enacting subsection (10), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act amending subsection (6)(h), see section 1 of chapter 389, Session Laws of Colorado 2008. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 26-1-108. Powers and duties of the executive director - rules. (1) Executive director rules shall be solely within the province of the executive director and shall include the following: (a) Rules governing matters of internal administration in the state department, including organization, staffing, records, reports, systems, and procedures, and also governing fiscal and personnel administration for the state department and establishing accounting and fiscal reporting rules for disbursement of federal funds, contingency funds, and proration of available appropriations except those determinations precluded by authority granted to the state board. (b) (Deleted by amendment, L. 97, p. 1183, 3, effective July 1, 1997.) (c) (Deleted by amendment, L. 93, p. 1110, 23, effective July 1, 1994.) (1.5) (Deleted by amendment, L. 97, p. 1183, 3, effective July 1, 1997.) (1.7) (a) The executive director shall have authority to adopt "executive director rules" for programs administered and services provided by the state department as set forth in this title and in title 27, C.R.S. Such rules shall be promulgated in accordance with the provisions of section 24-4-103, C.R.S. (b) Any rules adopted by the state board to implement the provisions of this title or title 27, C.R.S., prior to March 25, 2009, whose content meets the definition of "executive director rules" shall continue to be effective until revised, amended, or repealed by the executive director. (1.8) Whenever a statutory grant of rule-making authority in this title or title 27, C.R.S., refers to the state department or the department of human services, it shall mean the state department acting through either the state board or the executive director or both. When exercising rule-making authority under this title or title 27, C.R.S., the state department, either acting through the state board or the executive director, shall establish rules consistent with the powers and the distinction between "board rules" as set forth in section 26-1-107 and "executive director rules" as set forth in this section. (2) The rules issued by the executive director pertaining to this title shall be binding upon the several county departments, providers, vendors, and agents of the state department. At any public hearing relating to a proposed rule making, interested persons shall have the right to present their data, views, or arguments orally. Proposed rules of the executive director shall be subject to the provisions of section 24-4-103, C.R.S. (3) (Deleted by amendment, L. 93, p. 1109, 23, effective July 1, 1994.) Source: L. 73: R&RE, p. 1162, § 1. C.R.S. 1963: § 119-1-7. L. 76: (1)(c)(V) added, p. 664, § 1, effective April 30. L. 79: (1)(a) amended, p. 1089, § 1, effective June 7. L. 93: Entire section amended, p. 1110, § 23, effective July 1, 1994. L. 94: (1)(a) and (2) amended, p. 2611, § 14, effective July 1. L. 97: Entire section amended, p. 1183, § 3, effective July 1. L. 2009: Entire section amended, (SB 09-044), ch. 57, p. 205, § 4, effective March 25. Colorado Revised Statutes 2019 Page 9 of 490 Uncertified Printout Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 26-1-109. Cooperation with federal government - grants-in-aid. (1) The state department of human services shall be the sole state agency for administering the state plans for public assistance and welfare, including but not limited to assistance payments; food stamps; social services; child welfare services; rehabilitation; and programs for the aging in cooperation with the federal government; the Colorado works program; and any other state plan relating to such public assistance and welfare that requires state action that is not specifically the responsibility of some other state department, division, section, board, commission, or committee under the provisions of federal or state law. (2) (a) The state department of human services may accept on behalf of the state of Colorado the provisions and benefits of acts of congress designed to provide funds or other property for particular public assistance and welfare activities within the state, including but not limited to assistance payments; food stamps; social services; child welfare services; rehabilitation; and programs for the aging; which funds or other property are designated for such purposes within the function of the state department, and may accept on behalf of the state any offers which have been or may from time to time be made of funds or other property by any persons, agencies, or entities for particular public assistance and welfare activities within the state, which funds or other property are designated for such purposes within the function of the state department; but, unless otherwise expressly provided by law, such acceptance shall not be manifested unless and until the state department has recommended such acceptance to and received the written approval of the governor and the attorney general. Such approval shall authorize the acceptance of the funds or property in accordance with the restrictions and conditions and for the purpose for which funds or property are intended. (b) The state treasurer is designated as ex officio custodian of all public assistance and welfare funds received by the state from the federal government and from any other source, if the approval provided for in paragraph (a) of this subsection (2) has been obtained. (c) The state treasurer shall hold each such fund separate and distinct from state funds and is authorized to make disbursements from such funds for the designated purpose or for administrative costs, which may be provided in such grants, upon warrants issued by the state controller upon the voucher of the state department. (3) The state department shall cooperate with the federal department of health, education, and welfare and other federal agencies in any reasonable manner, in conformity with the laws of this state, which may be necessary to qualify for federal aid, including the preparation of state plans, the making of reports in such form and containing such information as any federal agency may from time to time require, and the compliance with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of the reports. (4) In administering any funds appropriated or made available to the state department for public assistance and welfare activities, the state department has the power to: Colorado Revised Statutes 2019 Page 10 of 490 Uncertified Printout (a) Require as a condition for receiving grants-in-aid that each county in this state shall bear the proportion of the total expense of furnishing public assistance and food stamps as is fixed by law relating to such assistance; (b) Terminate any grants-in-aid to any county of this state if the laws and regulations providing such grants-in-aid and the minimum standards prescribed by rules of the state department thereunder are not complied with; (c) Undertake forthwith the administration of any or all public assistance and food stamp activities within any county of this state which has had any or all of its grants-in-aid terminated pursuant to paragraph (b) of this subsection (4); but the county shall continue to meet the requirements of paragraph (a) of this subsection (4); (d) Recover any moneys owed by a county to the state by reducing the amount of any payments due from the state in connection with any program or activity; (e) Take any other action which may be necessary or desirable for carrying out the provisions of this title. (4.5) In addition to the powers granted the state department in subsection (4) of this section, the state department shall take necessary measures to obtain increased federal reimbursement money available under the Title IV-E program created under the federal "Social Security Act", as amended, based on the out-of-home placements, foster care prevention services, as defined in section 26-5.4-102 (1), and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which money shall be allocated to county departments in proportion to each county's eligible placements, to help defray program costs. Nothing in this subsection (4.5) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government. (5) The rules of the state department may include provisions to accommodate requirements of contracts entered into between the state department and the federal department of health, education, and welfare for studies of guaranteed annual income or other forms of income maintenance research projects; and for such purpose the requirements of this title as to eligibility for public assistance shall not apply for the term of and in accordance with the contract for such purpose. No program shall be initiated or carried out under the authorization contained in this subsection (5) in a manner that will increase the welfare burden upon any county or city and county, and, if such a program is conducted in the Denver area, it shall be conducted within an area no smaller than the Denver S.M.S.A. (standard metropolitan statistical area) as defined by the United States bureau of the census. (6) to (9) Repealed. Source: L. 73: R&RE, p. 1163, § 1. C.R.S. 1963: § 119-1-8. L. 75: (4)(a) and (4)(c) amended and (4)(d) and (4)(e) added, p. 885, § 1, effective July 1; (6) to (9) repealed, p. 893, § 14, effective July 28. L. 79: (1) and (2)(a) amended, p. 1080, § 2, effective July 1. L. 91: (4.5) added, p. 1769, § 1, effective April 20. L. 93: (1) and (2)(a) amended, p. 1141, § 80, effective July 1, 1994. L. 97: (1) and (5) amended, p. 1220, § 3, effective July 1. L. 2006: (1) and (2)(a) amended, p. 1987, § 11, effective July 1. L. 2019: (4.5) amended, (HB 19-1308), ch. 256, p. 2460, § 7, effective August 2. Colorado Revised Statutes 2019 Page 11 of 490 Uncertified Printout Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-1-109.5. Treatment of restitution payments under this title - declaration exclusion from financial determinations. (1) The general assembly finds that restitution payments made to Japanese Americans pursuant to the "Civil Liberties Act" (Pub.L. 100-383) were intended to redress the injustice done to United States citizens and resident aliens of Japanese ancestry who were incarcerated during World War II. The general assembly also finds that pursuant to such federal law, such payments are already excluded from state social service programs described in 31 U.S.C. sec. 3803 (c)(2)(c) which are funded by federal moneys. (2) The state department shall exclude from consideration, when determining income or resources for purposes of determining eligibility or benefit amounts in any state-funded program under this title, moneys paid to eligible individuals pursuant to the "Civil Liberties Act", Pub.L. 100-383. Source: L. 89: Entire section added, p. 1186, § 1, effective April 26. 26-1-110. Publications. (1) Repealed. (2) Publications of the state department circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136, C.R.S. Source: L. 73: R&RE, p. 1166, § 1. C.R.S. 1963: § 119-1-9. L. 83: Entire section amended, p. 839, § 60, effective July 1. L. 96: (1) amended, p. 1244, § 108, effective August 7. L. 2000: (1) repealed, p. 462, § 7, effective August 2. Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 26-1-111. Activities of the state department under the supervision of the executive director - cash fund - report - rules - statewide adoption resource registry. (1) The state department, under the supervision of the executive director, is charged with the administration or supervision of all the public assistance and welfare activities of the state, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging and for veterans, which activities as enumerated are declared to be state as well as county purposes. (2) The state department, under the supervision of the executive director, shall: (a) Administer or supervise all forms of public assistance and welfare, including but not limited to assistance payments, food stamps, and social services under programs for old age pensions except for the old age pension health and medical care program, and shall also administer and supervise the Colorado works program, aid to the blind, aid to the needy disabled, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, and such other public assistance and welfare activities as may be vested in the state department pursuant to law; Colorado Revised Statutes 2019 Page 12 of 490 Uncertified Printout (b) Administer or supervise the establishment, extension, and strengthening of child welfare services and other social services in cooperation with the federal department of health, education, and welfare and other state or federal agencies; (c) Administer the establishment, extension, and strengthening of rehabilitation programs and services, programs and services for the aging, and veterans' affairs activities in cooperation with the federal department of health, education, and welfare and other state or federal agencies; (d) (I) Provide services to county governments including the organization and supervision of county departments for the effective administration of public assistance and welfare functions as set out in the rules of the executive director and the rules of the state board pursuant to section 26-1-107 as to program scope and content, including assistance payments, food stamps, and social services, and compilation of statistics and necessary information relative to assistance payments, food stamps, social services, child welfare services, including out-ofhome placement services, rehabilitation, programs for the aging, and veterans' programs throughout the state, and obtaining federal reimbursement moneys available under the Title IV-E program created under the federal "Social Security Act", as amended, based on out-of-home placements and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which moneys shall be allocated to counties to help defray the costs of performing its functions; except that nothing in this paragraph (d) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government. (II) (A) For the fiscal year beginning July 1, 1991, the state department shall pay to each county an amount equal to all federal revenues earned by the state pursuant to Title IV-E of the federal "Social Security Act", as amended, which exceed the amount necessary to fully fund program, training, and administrative costs that are reimbursed under Title IV-E for eligible services for the fiscal year beginning July 1, 1990, plus an amount necessary to fully fund the state foster care review program for the fiscal year beginning July 1, 1991. (B) For each fiscal year after the fiscal year beginning July 1, 1991, the amount set aside from federal revenues earned by the state in accordance with sub-subparagraph (A) of this subparagraph (II) to fully fund Title IV-E eligible services and the costs of the administrative review unit shall be adjusted annually by the general assembly to reflect rate changes, workload, federal financial participation, and any other factor determined as necessary to maintain a comparable level of said services and costs as for the respective fiscal years described in subsubparagraph (A) of this subparagraph (II). (C) For fiscal year 2003-04 and each fiscal year thereafter, after the amounts described in sub-subparagraph (A) or (B) of this subparagraph (II) are set aside, the total amount of moneys remaining shall be transmitted to the state treasurer, who shall credit the same to the excess federal Title IV-E reimbursements cash fund, which fund is hereby created and referred to in this sub-subparagraph (C) as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department for allocation to counties to help defray the costs of performing administrative functions related to obtaining federal reimbursement moneys available under the Title IV-E program. In addition, the general assembly may annually appropriate moneys in the fund to the state department for allocation to the counties for the provision of assistance, as defined in section 26-2-703 (2), child care assistance, as described in section 26-2-805, social services, as defined in section 26-2-103 (11), Colorado Revised Statutes 2019 Page 13 of 490 Uncertified Printout and child welfare services, as defined in section 26-5-101 (3). For fiscal year 2004-05, and in subsequent years if so specified by the general assembly in the annual appropriations act, the counties shall expend the moneys allocated by the state department for the provision of assistance, child care assistance, social services, and child welfare services pursuant to this subsubparagraph (C) in a manner that will be applied toward the state's maintenance of historic effort as specified in section 409 (a)(7) of the federal "Social Security Act", as amended. Any moneys in the fund not expended for the purposes specified in this sub-subparagraph (C) may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred or revert to the general fund or another fund. (C.5) and (D) Repealed. (E) One hundred percent of the federal Title IV-E incentive funding received by the state for completion of timely interstate home studies shall be distributed to the county departments conducting the home studies. The Title IV-E incentives paid to the county departments pursuant to this sub-subparagraph (E) shall be divided and distributed according to the distribution formula set forth in rules to be promulgated by the state board no later than January 1, 2008. A county department receiving an incentive payment pursuant to this sub-subparagraph (E) shall expend those moneys for the provision of services allowed under Title IV-B and Title IV-E of the federal "Social Security Act", as amended. (III) (Deleted by amendment, L. 2004, p. 955, § 1, effective May 21, 2004.) (e) Prescribe the form of blanks necessary for applications, reports, affidavits, and such other forms as it may deem necessary and advisable; (f) Designate child placement agencies licensed pursuant to article 6 of this title or county departments to act as agents of the state department for the purpose of authorizing child care placement as set forth in section 26-1-107 (6)(e) and county departments to serve as agents of the state department in the performance of certain public assistance and welfare and related activities in the county; (g) Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this title; (h) Act as the agent of the federal government in public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging, in matters of mutual concern in conformity with this title and in the administration of any federal funds granted to the state to aid in the furtherance of any functions of the state department; (i) Administer such additional public assistance and welfare activities and functions as may be vested in it pursuant to law; (j) and (k) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.) (l) Repealed. (m) (Deleted by amendment, L. 97, p. 1220, § 4, effective July 1, 1997.) (n) and (o) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.) (p) Carry out the duties prescribed in article 11.7 of title 16, C.R.S.; (q) Promulgate rules in accordance with section 19-3-308 (1), C.R.S., for determining the risk of harm to a child who is the subject of a child abuse and neglect report setting forth the appropriate response by the county departments to such risks; Colorado Revised Statutes 2019 Page 14 of 490 Uncertified Printout (r) Adopt standards for conducting videotaped child abuse interviews in accordance with section 19-3-308.5 (3), C.R.S.; (s) Promulgate rules in accordance with section 19-3-211, C.R.S., for establishing a conflict resolution process for resolving grievances against the county departments concerning responses to reports of child abuse and neglect and the performance of duties pursuant to article 3 of title 19, C.R.S. The rules must take into account and allow for any subsequent locally developed grievance procedures that apply to a locally restructured human services system to ensure consistency within the system. (t) Administer early childhood programs in accordance with statute and rule and, where applicable, review applications submitted by entities to receive funding through the programs, award grants based on the applications, or in the case of the nurse home visitor program, applications selected by the health sciences center, and notify the state board of the grants awarded and the amounts of the grants. Participation in an early childhood program administered by the state department is voluntary. The early childhood programs are not designed or intended to interfere with the rights of parents to raise their children. (u) Coordinate prevention and intervention programs focused on positive youth development in accordance with state law and rules. The coordination must include the state youth development plan developed pursuant to section 26-6.8-103.5 that identifies key issues affecting youth to align strategic efforts and achieve positive outcomes for youth. (3) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.) (4) (a) The state department shall establish a statewide adoption resource registry which shall serve authorized or licensed child placement agencies, including, but not limited to, any agency, official, or court of the state or any of its political subdivisions authorized to place children and any other organizations or individuals whose purpose is to seek or assist in the adoptive placement of children who are listed or who may be listed in the adoption resource registry. As a means of recruiting adoptive families for children who have been legally freed for adoption by the termination of all parent-child legal relationships, including residual parental rights and responsibilities, and who are waiting for adoption in this state, such agencies and other organizations and individuals whose purpose is to seek or assist in the adoption of waiting children shall utilize any appropriate means to publicize the availability of such children. The statewide adoption resource registry shall include the age, sex, race or ethnic background of each child, a photograph of the child, and the child's social and medical history, psychological and emotional status, and known physical and mental impairments. It may also include any special services a child may need and physical descriptions, educational backgrounds, and known medical and emotional conditions of the child's parents and other relatives which may have developmental significance to the child. The statewide adoption resource registry shall be updated monthly. (b) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.) (c) Unless otherwise exempted pursuant to rules adopted by the state board, each authorized or licensed child placement agency shall refer to the statewide adoption resource registry within ninety days of the termination of the parent-child legal relationship the name and a photograph and description of each child in its care, as required by regulations of the state board, who has been legally freed for adoption by the termination of the parent-child legal relationship and for whom no adoptive home has been found. The state board, in accordance with section 26-1-107 (6)(f), shall establish criteria by which an authorized or licensed child Colorado Revised Statutes 2019 Page 15 of 490 Uncertified Printout placement agency may determine that a child need not be listed with the registry. Such a child's name shall be forwarded to the state department by the authorized or licensed child placement agency, with reference to the specific reason for which the child was not placed with the registry. The state board shall establish procedures for periodic review of the status of such children in accordance with section 26-1-107 (6)(f). If the state department, in accordance with the criteria established by the state board, determines that adoption would be appropriate for a child not placed with the registry, the agency shall forthwith list the child. Each authorized or licensed child placement agency may voluntarily refer any child who has been legally freed for adoption. (d) Expenditures by a county department for the care and maintenance of a child who has not been referred to the statewide adoption resource registry in accordance with the requirements of this section shall not be subject to state reimbursement. (5) The state department, through the office of behavioral health in the state department, shall administer substance use disorder treatment programs set forth in articles 80, 81, and 82 of title 27. (6) and (7) Repealed. Source: L. 73: R&RE, p. 1166, § 1. C.R.S. 1963: § 119-1-10. L. 76: (2)(j) added, p. 665, § 1, effective May 7. L. 77: (2)(f) amended and (2)(k) added, p. 1005, § 5, effective May 16; (2)(j) R&RE, p. 1325, § 1, effective July 1; (4) added, p. 1327, § 1, effective July 1. L. 79: (4)(a) amended, p. 1090, § 1, effective May 25; (1), (2)(a), (2)(d), and (2)(h) amended, p. 1081, § 3, effective July 1. L. 83: (2)(l) added, p. 1238, § 2, effective July 1; (4)(c) amended, p. 2050, § 18, effective October 14. L. 85: (4)(a) amended, p. 935, § 1, effective April 24; (2)(l)(II) amended, p. 1063, § 2, effective May 22; (2)(j) amended, p. 1015, § 43, effective July 1. L. 87: (2)(k) amended, p. 821, § 38, effective October 1. L. 89: (2)(l) amended, p. 1188, § 1, effective March 15. L. 89, 1st Ex. Sess.: (2)(m) added, p. 38, § 2, effective July 25. L. 91: (2)(d) amended, p. 1769, § 2, effective April 20; (2)(l) repealed and (2)(n) added, pp. 1860, 936, §§ 1, 5, effective July 1. L. 91, 2nd Ex. Sess.: (2)(o) added, p. 80, § 1, effective October 16. L. 92: (2)(p) added, p. 462, § 8, effective June 2; (2)(j) amended, p. 1156, § 9, effective July 1. L. 93: (2)(o)(II) repealed, p. 332, § 1, effective April 12; (2)(q) and (2)(r) added, p. 1170, § 3, effective June 3; (2)(d)(II)(C) amended, p. 1683, § 1, effective June 6; (1), IP(2), (2)(c), (2)(d)(I), (2)(h), (2)(j), (2)(k), (2)(n), (2)(o), (3), (4)(b), and (4)(c) amended and (5) and (6) added, p. 1111, § 24, effective July 1, 1994. L. 94: (2)(s) added, p. 2084, § 2, effective June 3. L. 96: (2)(f) amended, p. 1474, § 28, effective June 1. L. 97: (2)(a) and (2)(m) amended, p. 1220, § 4, effective July 1. L. 2001: (2)(d)(III) added, p. 741, § 7, effective June 1; (7) added, p. 703, § 1, effective August 8. L. 2003: (2)(a) amended, p. 2585, § 7, effective July 1. L. 2004: (2)(d) amended, p. 955, § 1, effective May 21. L. 2006: (6) repealed, p. 1987, § 12, effective July 1. L. 2007: (2)(d)(II)(D) repealed, p. 757, § 8, effective May 10; (2)(d)(II)(E) added, p. 1020, § 11, effective May 22. L. 2009: (2)(d)(II)(C.5) added, (SB 09-264), ch. 204, p. 929, § 7, effective May 1. L. 2011: (5) amended, (HB 11-1303), ch. 264, p. 1169, § 70, effective August 10; (2)(a) amended, (SB 11210), ch. 187, p. 722, § 9, effective July 15, 2012. L. 2012: (5) amended, (HB 12-1311), ch. 281, p. 1629, § 77, effective July 1. L. 2013: (2)(s) amended and (2)(u) added, (HB 13-1239), ch. 307, p. 1630, § 5, effective July 1; (2)(t) added, (HB 13-1117), ch. 169, p. 558, § 2, effective July 1. L. 2016: (2)(r) amended, (SB 16-189), ch. 210, p. 774, § 69, effective June 6. L. 2017: (5) amended, (SB 17-242), ch. 263, p. 1331, § 213, effective May 25. Colorado Revised Statutes 2019 Page 16 of 490 Uncertified Printout Editor's note: (1) Subsection (2)(p) was enacted as subsection (2)(o) by House Bill 921021, Session Laws of Colorado 1992, chapter 86, section 8, but has been renumbered on revision for ease of location. (2) Subsection (7)(e) provided for the repeal of subsection (7), effective March 16, 2002. (See L. 2001, p. 703.) (3) Subsection (2)(d)(II)(C.5) provided for its repeal, effective July 1, 2011. (L. 2009, p. 929.) Cross references: (1) For the legislative declaration contained in the 1993 act amending subsection (1), the introductory portion to subsection (2), and subsections (2)(c), (2)(d)(I), (2)(h), (2)(j), (2)(k), (2)(n), (2)(o), (3), (4)(b), and (4)(c) and enacting subsections (5) and (6), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration in the 2013 act amending subsection (2)(s) and adding subsection (2)(u), see section 1 of chapter 307, Session Laws of Colorado 2013. For the legislative declaration in the 2013 act adding subsection (2)(t), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. (2) For the duty of the department of human services with respect to the Colorado customized training program, see § 23-60-306. 26-1-111.3. Activities of the state department under the supervision of the executive director - Colorado state youth development plan - creation - definitions. (1) (a) Subject to available funding, the state department, in collaboration with the Tony Grampsas youth services board, created in section 26-6.8-103, shall convene a group of interested parties to create a Colorado state youth development plan. The goals of the plan are to identify key issues affecting youth and align strategic efforts to achieve positive outcomes for all youth. (b) The plan must: (I) Identify initiatives and strategies, organizations, and gaps in coverage that impact youth development outcomes; (II) Identify services, funding, and partnerships necessary to ensure that youth have the means and the social and emotional skills to successfully transition into adulthood; (III) Determine what is necessary in terms of community involvement and development to ensure youth succeed; (IV) Develop an outline of youth service organizations based on, but not limited to, demographics, current services and capacity, and community involvement; (V) Identify successful youth development strategies nationally and in Colorado that could be replicated by community partners and entities across the state; and (VI) Create a shared vision for how a strong youth development network would be shaped and measured. (c) The plan must include a baseline measurement of youth activities, developed using available data and resources. Data and resources may be collected from, but need not be limited to, the following: (I) An existing youth risk behavior surveillance system that monitors health-risk behaviors that contribute to the leading causes of death and disability among youth, including: (A) Behaviors that contribute to unintentional injuries and violence; Colorado Revised Statutes 2019 Page 17 of 490 Uncertified Printout (B) Sexual behaviors that contribute to unintended pregnancy and sexually transmitted infections, including HIV; (C) Alcohol and other drug use; (D) Tobacco use; (E) Unhealthy dietary behaviors; and (F) Inadequate physical activity; (II) The Colorado youth advisory council, created in section 2-2-1302, C.R.S.; (III) The state department of education; (IV) The state department of higher education, to assess workforce readiness and student achievement as youth transition through the secondary and postsecondary education systems; (V) The state department of public health and environment; (VI) The state department of health care policy and financing; (VII) The state department of human services; (VIII) The state department of labor and employment; (IX) The state department of public safety; and (X) The state judicial department. (2) The state department shall be responsible for any costs associated with the development of the plan and is not required to implement this section until adequate funding is secured. (3) The state department, in collaboration with the Tony Grampsas youth services board, created in section 26-6.8-103, shall complete the plan on or before September 30, 2014, and shall update the plan biennally thereafter. (4) Beginning in January 2015, and every January thereafter, the department shall report progress on the development and implementation of the plan as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203, C.R.S. (5) As used in this section, unless the context otherwise requires: (a) "Entity" means any local government, state public or nonsectarian secondary school, charter school, group of public or nonsectarian secondary schools, school district or group of school districts, board of cooperative services, state institution of higher education, the Colorado National Guard, state agency, state-operated program, private nonprofit organization, or nonprofit community-based organization. (b) "Plan" means the Colorado state youth development plan created pursuant to this section. (c) "Youth" means an individual at least nine years of age and no more than twenty-one years of age. (d) "Youth service organization" means an entity that is community-based and: (I) Promotes innovative and evidence-based strategies for positive youth development and for reducing the occurrence and reoccurrence of child abuse and neglect; (II) Promotes innovative primary prevention and intervention services to youth and their families in an effort to decrease high-risk behavior, including but not limited to youth crime and violence; or (III) Promotes innovative strategies to at-risk students and their families in an effort to reduce the dropout rate in secondary schools. Colorado Revised Statutes 2019 Page 18 of 490 Uncertified Printout Source: L. 2013: Entire section added, (HB 13-1239), ch. 307, p. 1627, § 2, effective July 1. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 307, Session Laws of Colorado 2013. 26-1-112. Locating violators - recoveries. (1) The executive director of the department of human services or district attorneys may request and shall receive from departments, boards, bureaus, or other agencies of the state or any of its political subdivisions, and the same are authorized to provide, such assistance and data as will enable the state department of human services and county departments properly to carry out their powers and duties to locate and prosecute any person who has fraudulently obtained public assistance under this title. Any records established pursuant to the provisions of this section shall be available only to the state department of human services, the county departments, the attorney general, and the district attorneys, county attorneys, and courts having jurisdiction in fraud or recovery proceedings or actions. (2) (a) All departments and agencies of the state and local governments shall cooperate in the location and prosecution of any person who has fraudulently obtained public assistance under this title, and, on request of the county board, the county director, the state department of human services, or the district attorney of any judicial district in this state, shall supply all information on hand relative to the location, employment, income, and property of such persons, notwithstanding any other provision of law making such information confidential, except the laws pertaining to confidentiality of any tax returns filed pursuant to law with the department of revenue. The department of revenue shall furnish at no cost to inquiring departments and agencies such information as may be necessary to effectuate the purposes of this article. The procedures whereby this information will be requested and provided shall be established by rule of the state department. The state department or county departments shall use such information only for the purposes of administering public assistance under this title, and the district attorney shall use it only for the prosecution of persons who have fraudulently obtained public assistance under this title, and he shall not use the information, or disclose it, for any other purpose. (b) (I) Whenever the state department of human services or a district attorney, for the state department, or the state department on behalf of a county department recovers any amount of fraudulently obtained public assistance funds, the federal government shall be entitled to a share proportionate to the amount of federal funds paid unless a different amount is otherwise provided by federal law, the state shall be entitled to a share proportionate to the amount of state funds paid and such additional amounts of federal funds recovered as provided by federal law, and the county department shall be entitled to a share proportionate to the amount of county funds paid unless a different amount is provided pursuant to federal law or this section. (II) Whenever a county department, a county board, a district attorney, or a state department on behalf of a county department recovers any amount of fraudulently obtained public assistance funds in the form of assistance payments, it shall be deposited in the county general fund and the federal government shall be entitled to a share proportionate to the amount of federal funds paid unless a different amount is provided for by federal law, the state shall be entitled to a share proportionate to one-half the amount of state funds paid, and the county shall be entitled to a share proportionate to the amount of county funds paid and, in addition, a share Colorado Revised Statutes 2019 Page 19 of 490 Uncertified Printout proportionate to one-half the amount of state funds paid. In the case of funds recovered from fraudulently obtained food stamp coupons by the county department, the county board, the district attorney, or the state department on behalf of a county department, the county shall be entitled to the share of the recovered funds provided by the federal "Food Stamp Act". (3) (a) Whenever the county department, the county board, the district attorney, or the state department on behalf of a county department pursuant to Public Law 96-58 recovers funds from food stamp coupons which were obtained through unintentional client error, the county shall be entitled to the share of the recovered funds provided by the federal "Food Stamp Act". (b) Whenever a county department, a county board, a district attorney, or the state department on behalf of the county recovers any amount of public assistance payments funds that were obtained through unintentional client error, the federal government shall be entitled to a share proportionate to the amount of federal funds paid, unless a different amount is provided for by federal law, the state shall be entitled to a share proportionate to seventy-five percent of the amount of state funds paid, the county shall be entitled, except for the Colorado works program, to a share proportionate to the amount of county funds paid, if any, and, in addition, a share proportionate to twenty-five percent of the amount of state funds paid. In the Colorado works program, the county shall be entitled to a share proportionate to the amount of county funds paid and, in addition, a share proportionate to one-half the amount of state funds paid. (4) Actual costs and expenses incurred by the district attorney's office in carrying out the provisions of subsections (2) and (3) of this section shall be billed to counties or a county within the judicial district in the proportions specified in section 20-1-302, C.R.S. Each county shall make an annual accounting to the state department on all amounts recovered. Source: L. 73: R&RE, p. 1167, § 1. C.R.S. 1963: § 119-1-11. L. 77: (1) R&RE and (3)(c) amended, p. 1329, §§ 1, 2, effective July 1; (3)(a) and (3)(c) amended, p. 1331, § 1, effective January 1, 1978. L. 79: Entire section R&RE, p. 639, § 4, effective June 7. L. 81: (2)(b) R&RE, p. 1367, § 1, effective July 1. L. 85: (2)(b)(II) amended, p. 937, § 1, effective May 16. L. 89: (1) and (2) amended and (3) and (4) added, p. 1193, § 2, effective June 7. L. 91: (2)(b)(II) and (3)(a) amended, p. 1860, § 2, effective July 1. L. 93: (1), (2), and (3)(b) amended, p. 1142, § 81, effective July 1, 1994. L. 97: (3)(b) amended, p. 1221, § 5, effective July 1. L. 2006: (1), (2), and (3)(b) amended, p. 1988, § 13, effective July 1. Cross references: (1) For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. (2) For the federal "Food Stamp Act", now known as the "Food and Nutrition Act of 2008", see 7 U.S.C. sec. 2011 et seq. (Section 4001 of the "Food, Conservation, and Energy Act of 2008", Pub.L. 110-234, changed the name of the federal "Food Stamp Act of 1977" to the "Food and Nutrition Act of 2008" and changed the name of the federal food stamp program to the "supplemental nutrition assistance program".) 26-1-112.5. Birth-related cost recovery program - cooperation with the department of health care policy and financing - duties of state department - repeal. (Repealed) Source: L. 95: Entire section added, p. 1398, § 4, effective July 1. Colorado Revised Statutes 2019 Page 20 of 490 Uncertified Printout Editor's note: Subsection (3) provided for the repeal of this section, effective June 30, 1999. (See L. 95, p. 1398.) 26-1-113. Enforcement of support - RURESA. (Repealed) Source: L. 73: R&RE, p. 1168, § 1. C.R.S. 1963: § 119-1-12. L. 77: (1)(b) amended, p. 1330, § 3, effective July 1. L. 79: Entire section repealed, p. 643, § 6, effective June 7. 26-1-114. Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants. (1) The state department of human services may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of federally aided public assistance and welfare, including but not limited to assistance payments, food stamps, social services, and child welfare services, to purposes directly connected with the administration of such public assistance and welfare and related state department activities and covering the custody, use, and preservation of the records, papers, files, and communications of the state and county departments. Whenever, under provisions of law, names and addresses of applicants for, recipients of, or former and potential recipients of public assistance and welfare are furnished to or held by another agency, department of government, or an auditor conducting a financial or performance audit of a county department of human or social services pursuant to section 26-1-114.5, the agency, department, or auditor is required to prevent the publication of lists and their uses for purposes not directly connected with the administration of public assistance and welfare. (2) Repealed. (3) (a) (I) Except as provided in subparagraphs (II) and (III) of this paragraph (a), or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for any person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving public assistance and welfare directly or indirectly derived from the records, papers, files, or communications of the state or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. No financial institution or insurance company that provides the data, whether confidential or not, required by the state department, in accordance with the provisions of this subsection (3), shall be liable for the provision of the data to the state department nor for any use made thereof by the state department. (II) The information described in subparagraph (I) of this paragraph (a) may be disclosed for purposes directly connected with the administration of public assistance and welfare and in accordance with this paragraph (a) and paragraphs (b) and (c) of this subsection (3) and with the rules and regulations of the state department. (III) (A) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the state department shall provide the bureau with information concerning the location of any person whose name appears in the department's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the state Colorado Revised Statutes 2019 Page 21 of 490 Uncertified Printout department. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The state department and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the state department nor its employees or agents shall be liable in civil action for providing information in accordance with the provisions of this sub-subparagraph (A). (B) As used in sub-subparagraph (A) of this subparagraph (III), "law enforcement agency" means any agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to any police department, sheriff's department, district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation. (b) By signing an application or redetermination of eligibility form for assistance or welfare, an applicant authorizes the state department to obtain records pertaining to information provided in that application or redetermination of eligibility form from a financial institution, as defined in section 15-15-201 (4), C.R.S., or from any insurance company. The application or redetermination of eligibility form shall contain language clearly indicating that signing constitutes such an authorization. (c) (I) In order to determine if applicants for or recipients of public assistance have assets within eligibility limits, the state department of human services may provide a list of information identifying these applicants or recipients to any financial institution, as defined in section 15-15-201 (4), C.R.S., or to any insurance company. This information may include identification numbers or social security numbers. The state department of human services may require any such financial institution or insurance company to provide a written statement disclosing any assets held on behalf of individuals adequately identified on the list provided. Before a termination notice is sent to the recipient, the county department in verifying the accuracy of the information obtained as a result of the match shall contact the recipient and inform him or her of the apparent results of the computer match and give the recipient the opportunity to explain or correct any erroneous information secured by the match. The requirement to run a computerized match shall apply only to information that is entered in the financial institution's or insurance company's data processing system on the date the match is run and shall not be deemed to require any such institution or company to change its data or make new entries for the purpose of comparing identifying information. The cost of providing such computerized match shall be borne by the appropriate state department. The state department of human services shall not use the provisions of this subparagraph (I) for the informationgathering purposes of the financial institution data match system required by section 26-13-128. (II) For the fiscal year beginning July 1, 1984, and thereafter, all funds expended by the state department to pay the cost of providing such computerized matches shall be subject to an annual appropriation by the general assembly. (III) The state department of human services may expend funds appropriated pursuant to subparagraph (II) of this paragraph (c) in an amount not to exceed the amount of annualized general fund savings that result from the termination of recipients from public assistance specifically due to disclosure of assets pursuant to this subsection (3). (IV) The state department of human services shall make quarterly reports concerning the value of computerized matches pursuant to this paragraph (c) to the general assembly and the joint budget committee. Such reports shall include, but need not be limited to, the number of individuals against whom computer matches were run, the number of resulting matches, and the Colorado Revised Statutes 2019 Page 22 of 490 Uncertified Printout resulting public assistance case load reduction and corresponding savings to the state department. (d) No applicant shall be denied nor any recipient discontinued due to the disclosure of their assets unless and until the county department has assured that such assets taken together with other assets exceed the limit for eligibility of countable assets. Any information concerning assets found may be used to determine if such applicant's or recipient's eligibility for other public assistance is affected. (4) The applicant for or recipient of public assistance and welfare, or his representative, shall have an opportunity to examine all applications and pertinent records concerning said applicant or recipient which constitute a basis for denial, modification, or termination of such public assistance and welfare or to examine such records in case of a fair hearing. (5) Any person who violates subsection (1) or (3) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment. Source: L. 73: R&RE, p. 1169, § 1. C.R.S. 1963: § 119-1-13. L. 75: (2) amended, p. 888, § 1, effective July 28. L. 77: (2) repealed, p. 1337, § 1, effective May 27. L. 79: (1), (3), and (4) amended, p. 1082, § 4, effective July 1. L. 83: (3) amended, p. 1114, § 1, effective June 15. L. 90: (3)(b) and (3)(c)(I) amended, p. 921, § 7, effective July 1. L. 93: (1), (3)(c)(I), (3)(c)(III), and (3)(c)(IV) amended, p. 1144, § 82, effective July 1, 1994. L. 95: (3)(a) amended, p. 1124, § 4, effective July 1. L. 98: (3)(c)(I) amended, p. 767, § 19, effective July 1. L. 2001: (3)(a)(I) amended, p. 722, § 5, effective May 31. L. 2006: (1), (3)(c), and (3)(d) amended, p. 1989, § 14, effective July 1. L. 2015: (1) amended, (HB 15-1370), ch. 324, p. 1326, § 4, effective June 5. Cross references: (1) For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. (2) For the legislative declaration in HB 15-1370, see section 1 of chapter 324, Session Laws of Colorado 2015. 26-1-114.5. Records - access by county auditor. (1) (a) Notwithstanding any provision of law to the contrary and subject to paragraph (b) of this subsection (1), a county department of human or social services shall provide to an auditor conducting a financial or performance audit of the county department access to all of the records, reports, papers, files, and communications of the county department, including any personal identifying information of individuals contained in the records, reports, papers, files, and communications necessary to achieve the stated audit objectives. (b) A county department of human or social services shall not make information available if the release would violate a federal confidentiality or privacy law. (2) This section applies to an auditor retained by a county or authorized pursuant to a county charter or ordinance. (3) Information required to be kept confidential or exempt from public disclosure pursuant to any other law or rule of the state department of human services or upon subpoena, Colorado Revised Statutes 2019 Page 23 of 490 Uncertified Printout search warrant, discovery proceedings, or otherwise, including personal identifying information, that is obtained by an auditor pursuant to subsection (1) of this section must not be: (a) Released, disclosed, or made available for inspection to any person by the auditor, the auditor's staff, or an audit oversight committee; or (b) Disclosed or contained in an audit report that is released for public inspection. (4) A person who releases information required to be kept confidential or exempt from public disclosure in violation of subsection (3) of this section is subject to the applicable criminal or civil penalty for the unlawful release of the information. (5) Nothing in this section shall be construed to supersede the authority of the state auditor pursuant to section 2-3-107 (2)(a), C.R.S. Source: L. 2015: Entire section added, (HB 15-1370), ch. 324, p. 1325, § 2, effective June 5. Cross references: For the legislative declaration in HB 15-1370, see section 1 of chapter 324, Session Laws of Colorado 2015. 26-1-115. County departments - district departments. (1) Except as provided in subsection (2) of this section, there is established in each county of the state a county department of human or social services that consists of a county board of human or social services, a county director of human or social services, and such additional employees as may be necessary for the efficient performance of public assistance and welfare activities, including but not limited to assistance payments, food stamps, and social services. (2) With the approval of the state department of human services, two or more counties may jointly establish a district department of human or social services. All duties and responsibilities set forth in this title 26 for county departments of human or social services also apply to district departments of human or social services. (3) (Deleted by amendment, L. 2006, p. 1990, § 15, effective July 1, 2006.) Source: L. 73: R&RE, p. 1170, § 1. C.R.S. 1963: § 119-1-14. L. 79: (1) amended, p. 1082, § 5, effective July 1. L. 91: (1) amended and (3) added, p. 1895, § 5, effective July 1. L. 2006: (1) and (3) amended, p. 1990, § 15, effective July 1. L. 2018: (1) and (2) amended, (SB 18-092), ch. 38, p. 446, § 115, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-1-116. County boards - district boards. (1) (a) The county board shall consist of the board of county commissioners in each county; except that "board of county commissioners" as used in this title, in the city and county of Denver, means the department or agency with the responsibility for public assistance and welfare activities and, in the city and county of Broomfield, means the city council or a board or commission appointed by the city and county of Broomfield. (b) In the case of a district department established pursuant to section 26-1-115 (2), the district board shall consist of not less than three members, and each county in the district shall Colorado Revised Statutes 2019 Page 24 of 490 Uncertified Printout select one or more of its county commissioners to serve as a member of the district board. The district board shall, in relation to the district department, have all the powers, duties, and responsibilities which the county board has in relation to the county department. (2) The county board shall elect a chairman who shall preside at meetings and, when authorized by the board, shall sign all necessary documents for the board. (3) The county board may hold a meeting to address the public assistance and welfare duties, responsibilities, and activities of the county department in conjunction with a meeting of the board of county commissioners, upon full and timely notice given pursuant to the provisions of section 24-6-402, C.R.S. The county board shall act in accordance with rules adopted by the state board when addressing public assistance and welfare duties, responsibilities, and activities of the county department. Source: L. 73: R&RE, p. 1170, § 1. C.R.S. 1963: § 119-1-15. L. 79: (1)(a) and (3) amended, p. 1083, § 6, effective July 1. L. 2001: (1)(a) amended, p. 256, § 1, effective November 15. L. 2004: (3) amended, p. 371, § 1, effective August 4. 26-1-117. County director - district director. (1) It is the duty of the county board to appoint a county director, who shall be charged with the executive and administrative duties and responsibilities of the county department, subject to the policies, rules, and regulations of the state department, and who shall serve as secretary to the county board, unless a secretary is otherwise appointed by the board. The salary of the county director shall be established by the board of county commissioners of the county. The state department shall reimburse the salary of the county director as provided in section 26-1-120. (2) In the case of a district department established pursuant to section 26-1-115 (2), the district board shall appoint one district director to serve the entire district. Such district director shall be appointed in the same manner and subject to the same conditions as the county director provided for in subsection (1) of this section. The district director shall, in relation to the district department, have all the powers, duties, and responsibilities which the county director has in relation to the county department. Source: L. 73: R&RE, p. 1170, § 1. C.R.S. 1963: § 119-1-16. L. 81: (1) amended, p. 1369, § 1, effective June 9. L. 97: (1) amended, p. 1189, § 7, effective July 1. 26-1-118. Duties of county departments, county directors, and district attorneys. (1) 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. (2) 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 Colorado Revised Statutes 2019 Page 25 of 490 Uncertified Printout 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. (3) 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. (4) 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. (5) 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. (6) The county department shall report, to the district attorney monthly, data relating to fraudulent activities covering, as a minimum, the activities specified in paragraphs (a), (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: (a) Investigations (including welfare and district attorney cases accepted for fraud investigation during the month); (b) Welfare action - assistance denials and assistance reductions; (c) District attorney action: (I) Criminal complaints requested during the month; (II) Criminal complaints declined during the month; (III) Cases dismissed during the month; (IV) Cases acquitted during the month; (V) Convictions during the month; (VI) Confessions of judgments (notes); (d) Recoveries: (I) Fines and penalties ______ (in dollars); (II) Restitutions ordered ______ (in dollars); (III) Restitutions collected ______ (in dollars). (7) 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, Colorado Revised Statutes 2019 Page 26 of 490 Uncertified Printout any information it may have concerning the improper use of a photo identification card by a person not eligible to possess such card. (8) 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. (9) Repealed. 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. 26-1-119. County staff. The county director, with the approval of the county board, shall appoint such staff as may be necessary as determined by the state department rules to administer public assistance and welfare and child welfare activities within his or her county. Such staff shall be appointed and shall serve in accordance with a merit system for the selection, retention, and promotion of county department employees as described in section 26-1-120. The salaries of the members of such staff shall be fixed in accordance with the rules and salary schedules prescribed by the state department; except that, once a county transfers its county employees to a successor merit system as provided in section 26-1-120, the salaries shall be fixed by the county commissioners. Source: L. 73: R&RE, p. 1171, § 1. C.R.S. 1963: § 119-1-18. L. 93: Entire section amended, p. 1145, § 83, effective July 1, 1994. L. 97: Entire section amended, p. 1184, § 4, effective July 1. L. 2006: Entire section amended, p. 1991, § 16, effective July 1. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-1-120. Merit system. (1) On January 1, 2001, the merit system for the selection, retention, and promotion of employees of the county departments that has been operated by the state department pursuant to this section is abolished. Beginning on or after July 1, 1997, but no later than January 1, 2001, each county shall provide for a merit system for the selection, retention, and promotion of employees of the county departments that complies with the criteria specified in subsection (8) of this section and with any other federal standards for a merit system of personnel administration for employees, specified as a condition of receipt of federal funds as set forth in subpart F of 5 CFR 900.601, et seq. A county can combine with another county or Colorado Revised Statutes 2019 Page 27 of 490 Uncertified Printout form a district to provide such a merit system for its employees. The county department shall certify to the state department that the successor merit system of personnel administration used by the county is in conformance with the federal standards. Prior to transferring county employees to a successor merit system, each county shall submit a transition plan to the state department outlining its plan for transferring such employees and for addressing issues that may arise during the transfer, such as salary issues, retention, seniority rights, and appeal processes. The state department shall examine and approve the transition plan if the state department determines that the transition plan is reasonable and that the merit system meets the federal standards. The county may not implement the transition plan or transfer employees to the successor merit system until the state department has approved the transition plan. The state shall not unreasonably withhold approval. Any transition plan for transferring county employees from the state merit system to a successor merit system shall include protections for employees that allow them to retain any accrued annual or sick leave benefits and that compensate such employees at the same or higher rate of salary. The state department shall provide assistance to counties regarding the transition of county employees from the state merit system to a successor merit system. Nothing in this section shall preclude a county from reorganizing employee staff functions or abolishing positions to achieve greater efficiencies in operations. (1.5) Any moneys saved as a result of eliminating the state merit system shall be available to counties to implement the transition from the state merit system to a successor merit system. (2) to (7) Repealed. (8) The merit system provided by the counties shall meet the following federal criteria: (a) The recruitment, selection, and advancement of employees shall be on the basis of relative abilities, knowledge, and skills, including open consideration of qualified applicants for initial appointment. (b) The system shall provide equitable and adequate compensation. (c) The employees shall be trained as needed to assure high quality of performance. (d) The system shall provide for retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected. (e) The system shall assure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religious creed, age, or disability and with proper regard for the privacy and constitutional rights of such persons as citizens. This fair treatment principle shall include compliance with all federal equal opportunity and nondiscrimination laws. (f) The system shall assure that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the results of an election or a nomination for office. (8.5) The merit system provided by the counties shall assure fair treatment of applicants and employees in all aspects of personnel administration without regard to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, or ancestry. (9) With respect to the merit system provided by the counties, the state board of human services shall promulgate rules on the following: (a) Minimum standards for qualifications of certain positions that are determined by the state board to necessitate uniform standards; Colorado Revised Statutes 2019 Page 28 of 490 Uncertified Printout (b) Establishment of maximum state reimbursement levels for the salaries of county department employees and county directors. (10) Repealed. (11) The county director of a county department shall be exempt from the merit system established and maintained by the state department pursuant to this section as it existed prior to July 1, 1997. Each county shall determine whether to exempt its county director from the successor merit system designed pursuant to this section. Until the county provides for a successor merit system as provided in this section, the state department shall reimburse only eighty percent of the salary established in the compensation plan pursuant to rules of the state department or eighty percent of the actual salary, whichever is less. After the county provides for a successor merit system as provided in this section, the state department shall reimburse only eighty percent of the actual salary; except that such reimbursement shall not exceed the maximum state reimbursement level established by the state board pursuant to subsection (9) of this section. Source: L. 73: R&RE, p. 1171, § 1. C.R.S. 1963: § 119-1-19. L. 75: (5)(d) amended, p. 895, § 1, effective June 29. L. 76: (6) added, p. 587, § 26, effective May 24. L. 79: (7) added, p. 1122, § 5, effective June 21. L. 81: (5)(d) amended, p. 1369, § 2, effective June 9; (6) repealed, p. 1370, § 3, effective June 9. L. 83: (7) amended, p. 964, § 15, effective July 1, 1984. L. 86: (5)(d) and (5)(g) amended, p. 985, § 1, effective July 1. L. 87: (5)(g) amended, p. 973, § 88, effective March 13. L. 91: (1), (5)(a) to (5)(d), (5)(g), and (5)(h) amended and (5)(p) added, p. 1785, § 1, effective April 11. L. 92: (7) amended, p. 1043, § 10, effective March 12. L. 97: Entire section amended, p. 1184, § 5, effective July 1. L. 2008: (8.5) added, p. 1603, § 31, effective May 29. L. 2009: (10) repealed, (SB 09-044), ch. 57, p. 204, § 2, effective March 25. Editor's note: Subsections (2)(b), (3)(b), (4)(b), (5)(b), and (7)(b) provided for the repeal of subsections (2), (3), (4), (5), and (7), respectively, effective January 1, 2001. (See L. 97, p. 1184.) Cross references: For the legislative declaration contained in the 2008 act enacting subsection (8.5), see section 1 of chapter 341, Session Laws of Colorado 2008. 26-1-120.3. Merit system transition - progress report - repeal. (Repealed) Source: L. 97: Entire section added, p. 1189, § 6, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2000. (See L. 97, p. 1189.) 26-1-120.5. Positions exempted from merit system - repeal. (Repealed) Source: L. 91: Entire section added, p. 1786, § 2, effective April 11. L. 97: Entire section amended, p. 1190, § 8, effective July 1. Colorado Revised Statutes 2019 Page 29 of 490 Uncertified Printout Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2001. (See L. 97, p. 1190.) 26-1-121. Appropriations - food distribution programs. (1) (a) For carrying out the duties and obligations of the state department of human services and county departments under the provisions of this title and for matching such federal funds or meeting maintenance of effort requirements as may be available for public assistance and welfare activities in the state, including but not limited to assistance payments, food stamps (except the value of food stamp coupons), social services, child welfare services, rehabilitation, programs for the aging and for veterans, and related activities, the general assembly, in accordance with the constitution and laws of the state of Colorado, shall make adequate appropriations for the payment of such costs, pursuant to the budget prepared by the executive director. (b) Subject to the provisions of section 26-1-109 (2), if the federal law shall provide federal funds, in cash or in another form such as food stamps, for public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, and child welfare services, not otherwise provided for in this title, the state department is authorized to make such payments or offer such services in accordance with the requirements accompanying said federal funds within the limits of available state appropriations. (c) When the executive director determines that adequate appropriations for the payment of the costs described in paragraph (a) of this subsection (1) have not been made and that an overexpenditure of an appropriation will occur based upon the state department's estimates, the state board may take actions consistent with state and federal law to bring the rate of expenditure into line with available funds. The general assembly declares that case load and utilization based on medical necessity are legitimate reasons for supplemental funding. (2) There shall be appropriated by the general assembly from the general fund for the costs of administering the assistance payments, food stamps, social services, and other public assistance and welfare functions of the state department and the state's share of the costs of administering such functions by the county departments amounts sufficient for the proper and efficient performance of the duties imposed upon them by law, including a legal advisor appointed by the attorney general. The general assembly shall make two separate appropriations, one for the administrative costs of the state department and another for the administrative costs of the county departments. Any applicable matching federal funds shall be apportioned in accordance with the federal regulations accompanying such funds. Any unobligated and unexpended balances of such state funds so appropriated remaining at the end of each fiscal year shall be credited to the state general fund. (3) The expenses of training personnel for special skills relating to public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging, as such expenses shall be determined and approved by the state department, may be paid from whatever state and federal funds are available for such training purposes. (4) (a) The state department is authorized to charge an administrative fee for commodities delivered to agencies that receive these commodities through food distribution programs authorized by the United States department of agriculture pursuant to 7 CFR 250.1 et seq., as amended, including the "National School Lunch Program", the "Child and Adult Care Food Program", and the "Summer Food Service Program". The department shall collect the Colorado Revised Statutes 2019 Page 30 of 490 Uncertified Printout administrative fee authorized pursuant to this subsection (4) on a monthly basis from agencies that receive commodities from such programs. (b) All administrative fees collected from agencies pursuant to paragraph (a) of this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the food distribution program service fund, which fund is hereby created and referred to in this paragraph (b) as the "fund". The moneys in the fund shall be continuously appropriated to the state department to defray the cost of administering the food distribution programs specified in paragraph (a) of this subsection (4). Any moneys in the fund not expended for the purpose of administering the food distribution programs specified in paragraph (a) of this subsection (4) may be invested by the state as provided in section 24-36-113, C.R.S. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The fund balances shall comply with any applicable federal laws or regulations. At the end of each fiscal year, any unexpended and unencumbered moneys in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. Source: L. 73: R&RE, p. 1173, § 1. C.R.S. 1963: § 119-1-20. L. 79: Entire section amended, p. 1083, § 7, effective July 1. L. 84: (1)(c) added, p. 792, § 1, effective May 11. L. 93: (1)(a), (1)(b), and (3) amended, p. 1145, § 84, effective July 1, 1994. L. 97: (1)(a) amended, p. 1221, § 7, effective July 1. L. 2005: (4) added, p. 743, § 1, effective June 1. L. 2006: (1)(a), (1)(b), and (3) amended, p. 1991, § 17, effective July 1. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-1-122. County appropriations and expenditures - advancements - procedures. (1) (a) Except as provided in subsection (6) of this section and section 26-1-122.5, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as shall be necessary to defray the county department's twenty percent share of the overall cost of providing the assistance payments, food stamps (except the value of food stamp coupons), and social services activities delivered in the county, including the costs allocated to the administration of each, and shall include in the tax levy for such county the sums appropriated for that purpose. Such appropriation shall be based upon the county social services budget prepared by the county department pursuant to section 26-1-124, after taking into account state advancements provided for in this section. (b) In the case of a district department, each county forming a part of said district shall appropriate the funds necessary to defray its proportionate share of the costs of assistance payments, food stamps (except the value of food stamp coupons), and social services activities of such individual county based on the ratio set out in paragraph (a) of this subsection (1). (c) Additional funds shall be made available by the board of county commissioners if the county funds so appropriated prove insufficient to defray the county department's twenty percent share of actual costs for assistance payments, food stamps (except the value of food stamp coupons), and social services activities, including the administrative costs of each. (d) Under no circumstances shall any county expend county funds in an amount to exceed its twenty percent share of actual costs for assistance payments, food stamps (except the Colorado Revised Statutes 2019 Page 31 of 490 Uncertified Printout value of food stamp coupons), and social services activities, including the administrative costs of each, except as provided in paragraph (i) of subsection (4) of this section. (2) (a) The county boards, in accordance with the rules of the state department, shall file requests with the state department for advancement of funds for the program costs of assistance payments, food stamps (except the value of food stamp coupons), and social services and for the administrative costs of each. The state department shall determine the requirements of each county for such program costs and administrative costs, taking into consideration available funds and all pertinent facts and circumstances, and shall certify by voucher to the controller the amounts to be paid to each county. The amounts so certified shall be paid from the state treasury upon voucher of the state department and warrant of the controller and shall be credited by the county treasurer to the county social services fund in accordance with the law and rules of the state department. (b) For purposes of operating the electronic benefits transfer service as authorized in section 26-2-104 once the service has been fully developed and implemented in any county, the state department shall determine the program costs and administrative costs related to assistance payments and food stamps for each county. Upon implementation of the electronic benefits transfer service in any county, the county share of the program and administrative costs shall either be billed to the county or deducted from appropriate advances to the county or from the county block grant allocation for implementation of the Colorado works program pursuant to part 7 of article 2 of this title. The cost of administering the electronic benefits transfer service shall not exceed the proportional cost per client that would have been paid by counties to issue benefits through the nonelectronic benefits system for the same fiscal year. Any savings that result from the use of the electronic benefits transfer service shall be shared among the state and local governments in proportion to such entities' contribution to the electronic benefits transfer service. (3) (a) County departments shall keep such records and accounts in relation to the costs of administering assistance payments, the costs of administering food stamps, and the costs of administering social services as the state department shall prescribe by rules. Except as provided in subsection (6) of this section, all administrative costs shall be allocated, under rules of the state department, to either the performance of assistance payments functions, the performance of food stamp functions, or the performance of social services functions. (b) Except as provided in subsection (6) of this section and section 26-1-122.5, if the county departments are administered in accordance with the policies and rules of the state department for the administration of county departments, eighty percent of the costs of administering assistance payments, food stamps, and social services in the county departments shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose, upon authorization of the state department, but in no event shall the state department authorize expenditures greater than the annual appropriation by the general assembly for the state's share of such administrative costs of the county departments. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes. (c) For purposes of this article, and except as otherwise provided in subsection (6) of this section, under rules of the state department, administrative costs shall include: Salaries of the county director and employees of the county department staff engaged in the performance of assistance payments, food stamps, and social services activities; the county's payments on behalf of such employees for old age and survivors' insurance or pursuant to a county officers' and Colorado Revised Statutes 2019 Page 32 of 490 Uncertified Printout employees' retirement plan and for any health insurance plan, if approved by the state department; the necessary travel expenses of the county board and the administrative staff of the county department in the performance of their duties; necessary telephone and telegraph; necessary equipment and supplies; necessary payments for postage and printing, including the printing and preparation of county warrants required for the administration of the county department; and such other administrative costs as may be approved by the state department; but advancements for office space, utilities, and fixtures may be made from state funds only if federal matching funds are available. (4) (a) County departments shall keep such records and accounts in relation to assistance payments program costs and social services program costs as the state department shall prescribe by rules and as may be required in part 7 of article 2 of this title. All program costs shall be allocated, under rules of the state department, to either assistance payments or social services. (b) Except as provided in paragraph (d) of this subsection (4) and subsection (6) of this section, eighty percent of the amount expended for assistance payments program costs and social services program costs or the amount equal to the state's share of the amount expended as determined pursuant to section 26-1-122.5 shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose upon authorization of the state department pursuant to the provisions of this title. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes. (c) For purposes of this article and except as otherwise provided in subsection (6) of this section, under rules of the state department, program costs shall include: Amounts expended for assistance payments and social services (except for items enumerated in subsection (3)(c) of this section) under programs for aid to the needy disabled, aid to the blind, child welfare services, expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121, funeral and burial expenses as defined in section 26-2-129, and state supplementation under part 2 of article 2 of this title. (d) Whenever any county, by reason of an emergency or other temporary condition, shall be unable to meet its necessary financial obligations for other public assistance purposes, and at the same time meet its requirements for assistance payments and social services under the program for aid to the needy disabled, the state department may in its discretion, upon consideration of the conditions and requirements of this title, reimburse such county in excess of eighty percent of the amount expended for assistance payments and social services under such program. The state department shall determine the amount of such excess reimbursement and the period of time during which such excess reimbursement shall be made. For such purpose, the state department may use not to exceed five percent of the total amount allocated to it by the state for administrative and program costs for assistance payments and social services under the program for which the excess reimbursement is provided. (e) When a county department provides or purchases certain specialized social services for public assistance applicants, recipients, or others to accomplish self-support, self-care, or better family life, including day care, homemaker services, foster care, and services to persons with intellectual and developmental disabilities, in accordance with applicable rules, the state may advance funds to the county department at a rate in excess of eighty percent within available appropriations, but not to exceed the amount expended by the county department for such services. The county department contribution for the period from January 1, 1981, through June 30, 1981, is ten percent, and beginning July 1, 1981, is five percent for the aid to the needy Colorado Revised Statutes 2019 Page 33 of 490 Uncertified Printout disabled home care program, the special needs of the disabled program, aid to the blind home care program, the special needs of the blind program, the adult foster care program, and other programs providing public assistance in the form of social services required by the federal "Social Security Act", as amended, for the purpose of establishing services that promote selfsufficiency for adult clients. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes. The expenses of training personnel to provide these services as determined and approved by the state department shall be paid from whatever state and federal funds are available for such training purposes. (f) County departments shall provide or contract to provide a central information and referral service for all available services in the county which may prevent or reduce inappropriate institutional care through the use of community-based or home-based care. (g) The state department is authorized to provide not more than ten additional homemaker positions to be located in Adams, Larimer, Garfield, Otero, and Morgan counties. Reimbursement to each county for one hundred percent homemaker costs shall be based on a minimum case load of ten clients per reimbursed position which clients are currently in or would be admitted to skilled or intermediate care facilities or hospitals and who would not otherwise be served by current county staffing. Reports shall be provided monthly to the joint budget committee. (h) Notwithstanding any other provision of this article, the county department may spend in excess of twenty percent of actual costs for the purpose of matching federal funds for the administration of the child support enforcement program or for the administrative costs of activities involving food stamp, public assistance, or medical assistance fraud investigations or prosecutions. (i) Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled by reason of the county's expenditures in excess of the twenty percent required by subsection (1) of this section for any social services activity that has been approved by the department as an activity that is eligible for reimbursement under any federal program. Acceptance and expenditure of such federal funds shall in no way affect the state's share of and contribution to such payments, and the county shall be solely responsible for the provision of the nonfederal share that is in excess of the twenty percent. (j) Repealed. (k) (I) Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled based on the county's certification of public expenditures made by other entities within the county, which expenditures: (A) Are from sources other than the county social services fund; (B) Are in excess of the twenty percent required by subsection (1) of this section; and (C) Are for a social services activity that has been approved by the state department as an activity that is eligible for reimbursement under a federal program. (II) Acceptance and expenditure of federal funds pursuant to subparagraph (I) of this paragraph (k) shall not affect the state's share of and contribution to the assistance payments program costs and social services program costs. The county shall be solely responsible for certifying the nonfederal share that is in excess of the county's twenty-percent share. The state department may retain up to five percent of any federal funds received by a county department pursuant to this paragraph (k). In addition, the state, in accordance with the provisions of section Colorado Revised Statutes 2019 Page 34 of 490 Uncertified Printout 26-1-109 (4)(d), shall recover any federal funds received by the county through the certification of public expenditures that are subsequently determined to be ineligible for federal reimbursement. (5) Except as otherwise provided in subsection (6) of this section, if in any fiscal year the annual appropriation by the general assembly for the state's share, together with any available federal funds for any income maintenance or social services program, or the administration of either, is not sufficient to advance to the counties the full applicable state share of costs, said program or the administration thereof shall be temporarily reduced by the state board so that all available state and federal funds shall continue to constitute eighty percent of the costs. (6) (a) Notwithstanding any other provision of this section, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as shall be necessary to defray the county's maintenance of effort requirement for the Colorado works program, created in part 7 of article 2 of this title, and the Colorado child care assistance program, created in part 8 of article 2 of this title, including the costs allocated to the administration of each, and shall include in the tax levy for such county the sums appropriated for that purpose. The county's maintenance of effort requirement for the Colorado works program for state fiscal year 1997-98 and for state fiscal years thereafter shall be the targeted spending level identified in section 26-2-714 (6). Such appropriation shall be based upon the county social services budget prepared by the county department pursuant to section 26-1-124, after taking into account state advancements provided for in this section. (b) Additional funds shall be made available by the board of county commissioners if the county funds so appropriated prove insufficient to defray the county department's maintenance of effort requirements for the Colorado works program and the Colorado child care assistance program, including the costs allocated to the administration of each. (c) The state department shall establish rules concerning what shall constitute administrative costs and program costs for the Colorado works program. The state treasurer shall make advancements to county departments for the costs of administering the Colorado works program and the Colorado child care assistance program from funds appropriated or made available for such purpose, upon authorization of the state department; except that in no event shall the state department authorize expenditures greater than the annual appropriation by the general assembly for such administrative costs of the county departments. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes. Source: L. 73: R&RE, p. 1173, § 1. C.R.S. 1963: § 119-1-21. L. 75: (4)(c) amended, p. 888, § 2, effective July 28. L. 76: (4)(f) and (4)(g) added, p. 667, § 1, effective May 10. L. 77: (1)(a), (1)(b), (2), (3)(b), (3)(c), (4)(b), (4)(e), and (5) amended and (1)(c), (1)(d), and (4)(h) added, p. 1322, § 2, effective July 1. L. 79: (1) to (3) amended, p. 1084, § 8, effective July 1. L. 80: (4)(e) amended, p. 642, § 2, effective July 1. L. 85: (4)(h) amended, p. 938, § 2, effective May 16. L. 87: (1)(d) amended and (4)(i) added, p. 1155, § 2, effective June 16. L. 93: (1)(a), (3)(b), and (4)(b) amended, p. 1116, § 26, effective July 1; (4)(e) amended, p. 1146, § 85, effective July 1, 1994. L. 94: (4)(i) amended, p. 636, § 1, effective April 14. L. 95: (2) amended, p. 592, § 2, effective May 22. L. 97: Entire section amended, p. 1222, § 8, effective July 1. L. 98: (6)(a) amended, p. 1197, § 4, effective June 1. L. 2000: (6)(a) amended, p. 283, § 7, effective March 31. L. 2008: (4)(j) added, p. 1518, § 2, effective May 28. L. 2009: (4)(j) amended, (SB 09-267), ch. 206, p. 939, § 1, effective May 1. L. 2011: (4)(k) added, (HB 11-1196), ch. 160, p. Colorado Revised Statutes 2019 Page 35 of 490 Uncertified Printout 554, § 5, effective August 10. L. 2017: (4)(e) amended, (HB 17-1046), ch. 50, p. 159, § 14, effective March 16. Editor's note: Subsection (4)(j)(II) provided for the repeal of subsection (4)(j), effective January 1, 2010. (See L. 2009, p. 939.) Cross references: (1) For the legislative declaration contained in the 1993 act amending subsections (1)(a), (3)(b), and (4)(b), see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1995 act amending this section, see section 1 of chapter 161, Session Laws of Colorado 1995. (2) For the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see section 20 of article X of the Colorado constitution. 26-1-122.3. Public assistance programs - county administration - data collection and analysis - vendor contract. (1) (a) The state department shall contract with an external vendor to collect and analyze data relating to county department costs and performance associated with administering public assistance programs, including: (I) The supplemental nutrition assistance program, established in part 3 of article 2 of this title; (II) The medical assistance program, established in articles 4, 5, and 6 of title 25.5, C.R.S.; (III) The children's basic health plan, established in article 8 of title 25.5, C.R.S.; (IV) The Colorado works program, established in part 7 of article 2 of this title; (V) The program for aid to the needy disabled, pursuant to article 2 of this title; (VI) The old age pension program, pursuant to part 1 of article 2 of this title; and (VII) Long-term care services, pursuant to article 6 of title 25.5, C.R.S. (b) The contracted vendor's data collection and data analysis shall provide the general assembly, executive agencies, county departments, and public assistance program stakeholders with the following information that may be used to make targeted program improvements: (I) The status of each county department in meeting performance measures for administering public assistance programs; (II) An inventory of relevant county department activities, including, among others, application initiation, interactive interviews, and case reviews, and the purpose of the activities, which may include compliance with federal or state law; (III) An assessment of administrative work not yet completed by each county department and the cause of any delay in completing the work; (IV) The amount of time spent by each county department on each activity; (V) The cost incurred by each county department, including staff and operating costs, relating to each activity and each client; (VI) Any variances among county departments with respect to the cost incurred, time associated with each activity, and return on investment, and the source of those variances; (VII) The relationship, if any, between the time and cost associated with each activity and the county department's performance with respect to the performance standards for the public assistance program; Colorado Revised Statutes 2019 Page 36 of 490 Uncertified Printout (VIII) The level of total county department funding needed to meet the county department's required workload relating to the administration of public assistance programs for which data is collected and analyzed pursuant to this section. This information must include the total county department funding needed for current business processes and the total county department funding needed if all county departments implement best practices and business reengineering concepts adopted by peer counties found to operate in the most cost-effective manner while meeting performance measures. (IX) Business process improvements that contribute to a county department's decreased time or costs associated with each activity and to a county department's ability to meet or exceed the performance standards for the public assistance program, including improvements associated with previous state-funded business process reengineering initiatives; and (X) Options for a cost allocation model for the distribution of state funding to county departments for administering public assistance programs identified in paragraph (a) of this subsection (1). (2) In order to ensure that the data collection and analysis contracted for pursuant to subsection (1) of this section yields information that is beneficial for its intended uses, prior to contracting with an external vendor for data collection and analysis, the state department shall contract with an external consultant to work with program administrators, fiscal agents, and program stakeholders to identify the scope of the data collection and analysis to be performed pursuant to this section. (3) In collaboration with the county departments, the state department shall design a continuous quality improvement program that, at a minimum, solicits feedback from the employees of the county departments to identify incremental and breakthrough continuous improvements that should be implemented to improve the products, services, and processes associated with the administration of public assistance programs. The state department shall provide a description of the program to the joint budget committee by February 1, 2017. Source: L. 2016: Entire section added, (SB 16-190), ch. 201, p. 710, § 2, effective June 1. 26-1-122.5. County appropriation increases - limitations - definitions. (1) Beginning in calendar fiscal year 1994 and for each calendar fiscal year thereafter to and including calendar fiscal year 1997, the board of county commissioners in each county of this state shall annually appropriate funds for the county share of the administrative costs and program costs of public assistance and food stamps in the county in an amount equal to the actual county share for the previous fiscal year adjusted by an amount equal to the actual county share for the previous fiscal year multiplied by the percentage of change in property tax revenue. (2) For the purposes of this section: (a) "County share" means the actual amount of the county share for the previous fiscal year. "County share" shall not include: (I) The amount expended by the county from the county contingency fund or the county tax base relief fund pursuant to section 26-1-126; (II) The amount expended by the county for general assistance pursuant to part 1 of article 17 of title 30, C.R.S.; and Colorado Revised Statutes 2019 Page 37 of 490 Uncertified Printout (III) The amount expended by the county for programs or services provided by the county on its own, without requirements or funding from any other governmental agency. (b) "Percentage of change in property tax revenue" means the difference between the total property tax levied for the previous fiscal year less the amount levied for debt service for the previous fiscal year and the total property tax levied for the year for which the percentage of change in tax revenue is being calculated less the amount levied for debt service for the year in which the percentage of change in tax revenue is being calculated divided by the total property tax levied for the previous fiscal year less the amount levied for debt service for the previous fiscal year. (3) Notwithstanding the provisions of section 26-1-122, no county in the state shall be required to contribute more than the amount set forth in subsection (1) of this section in any fiscal year. Nothing in this section shall be construed to limit the ability of a county to establish programs or services provided by the county on its own, without requirements or funding from any other governmental agency. (4) (Deleted by amendment, L. 2008, p. 1813, § 4, effective June 2, 2008.) (5) Any amounts remaining in the county social services fund created in section 26-1123 at the end of any fiscal year shall remain in the county fund for expenditure as determined by the board of county commissioners for administrative costs and program costs of public assistance, medical assistance, and food stamps. (6) The limitation set forth in this section on the increase in the county share of the administrative costs and program costs of public assistance and food stamps will result in increased costs to the state. By making state funds available, the state is encouraging counties not to exercise any right a county may have pursuant to section 20 (9) of article X of the Colorado constitution to reduce or end its share of the costs of public assistance and food stamps for the county for three fiscal years following the fiscal year in which the state funds are received. If a county accepts funds from the state based on the limitation provided in this section for any fiscal year, the county agrees not to exercise any rights the county may have to reduce or end its share of the costs of public assistance and food stamps for the fiscal year in which the funds are accepted. Nothing in this subsection (6) or any agreement pursuant to this subsection (6) shall be construed to affect the existence or status of any rights accruing to the state or any county pursuant to section 20 (9) of article X of the Colorado constitution. (7) In the event that there are any funds remaining in the department of human services budget which were appropriated for fiscal year 1994-95 to cover the additional state share of expenses required as a result of the limitation established in this section, the executive director of the department of human services shall distribute such remaining funds to counties whose assessed valuation declined between calendar year 1992 and 1993 if such county provides evidence to the department in 1994 that the county has a shortfall. Distributions to counties pursuant to this subsection (7) shall be made on a pro rata basis and shall not exceed the amount of the county's shortfall. For purposes of this section, "shortfall" means the amount by which a county's 1992 county share exceeds the property tax revenue collected by the county through its 1992 social services mill levy levied on the county's 1992 assessed valuation. Source: L. 93: Entire section added, p. 1117, § 27, effective July 1. L. 94: (7) added, p. 2612, § 15, effective July 1. L. 2006: (1) and (6) amended, p. 1992, § 18, effective July 1. L. 2008: (2)(a)(I) and (4) amended, p. 1813, § 4, effective June 2. Colorado Revised Statutes 2019 Page 38 of 490 Uncertified Printout Cross references: (1) For the legislative declaration contained in the 1993 act enacting this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. (2) For the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see section 20 of article X of the Colorado constitution. 26-1-123. County social services fund. (1) A fund to be known as the "county social services fund" is hereby created and established in each of the counties of the state of Colorado, which fund shall consist of such accounts as may from time to time be established pursuant to rules of the state board. (2) The county social services fund shall consist of all moneys appropriated by the board of county commissioners for public assistance and welfare and related purposes; all moneys allotted, allocated, or apportioned to the county by the state department; such funds as are granted to the state of Colorado by the federal government for public assistance and welfare and related purposes and allocated to the county by the state department; and such other moneys as may be provided from time to time from other sources. The fund shall be available for the program and administrative costs of the county department. (3) (a) The county board shall administer the fund pursuant to rules adopted by the state department. The county treasurer shall be the treasurer and custodian of the fund and shall disburse money from the fund only upon special county social services warrants drawn by the person duly appointed by the county board. The county treasurer shall not collect any fee as provided in section 30-1-102, C.R.S., for the collection or deposit of any moneys in the county social services fund. Warrants shall be signed by one member of the county board, who shall be designated by resolution for that purpose, and also signed by the person duly appointed by the county board. Such signatures shall indicate the approval of the board of county commissioners and the county board of social services. At such time as Title XVI of the social security act, as amended by Public Law 92-603, becomes effective, the state board by rule may make other provision for the issuance and signing of warrants under the old age pension, aid to the blind, and aid to the needy disabled. (b) All increased bonding fees necessitated by reason of the custody by the county treasurer of the county social services fund shall be a part of the administrative costs of the county department and shall be paid by the county board. Source: L. 73: R&RE, p. 1176, § 1. C.R.S. 1963: § 119-1-22. L. 79: (2) amended, p. 1085, § 9, effective July 1. L. 97: (1) and (3)(a) amended, p. 1226, § 9, effective July 1. Cross references: For amount and qualification of official bond of county treasurers in Colorado, see § 30-10-701; for form of bond, see § 30-10-703. 26-1-124. County social services budget. (1) As a part of the county budget and in conformity with the county budget law and the rules of the state board, a county social services budget shall be prepared by the county director and reviewed by the county board. Colorado Revised Statutes 2019 Page 39 of 490 Uncertified Printout (2) Before such budget is adopted by the board of county commissioners, it shall be submitted by the county board to the state department for review. The state department review shall include an assessment as to whether the county budget includes adequate funding for the county's maintenance of effort for the Colorado works program created in part 7 of article 2 of this title and the Colorado child care assistance program created in part 8 of article 2 of this title. (3) The state department shall prescribe budget forms and shall furnish a sufficient number of such forms to the county board without charge. Source: L. 73: R&RE, p. 1176, § 1. C.R.S. 1963: § 119-1-23. L. 97: Entire section amended, p. 1227, § 10, effective July 1. 26-1-125. County social services levy - limitations. (Repealed) Source: L. 73: R&RE, p. 1176, § 1. C.R.S. 1963: § 119-1-24. L. 77: (1) R&RE, p. 1324, § 3, effective July 1. L. 2008: Entire section repealed, p. 1809, § 1, effective June 2. 26-1-126. County contingency fund - county tax base relief fund - creation. (1) Repealed. (1.5) There is hereby created the county tax base relief fund, which shall be expended to supplement county expenditures for public assistance, as provided in this section. (2) Subject to available appropriations, the state department of human services or the state department of health care policy and financing shall make an advancement, in addition to that provided in section 26-1-122, out of the county tax base relief fund to any county that is eligible for a non-zero amount calculated by using the formula described in subsections (3) and (4) of this section. (2.1) (a) (Deleted by amendment, L. 2008, p. 1809, § 2, effective June 2, 2008.) (b) For the fiscal year beginning July 1, 2008, and for each fiscal year thereafter, a county's qualification for an advancement from the county tax base relief fund during the fiscal year shall be based upon a three-tiered system whereby a county may qualify for a distribution of moneys from one or more tiers. For any fiscal year in which appropriations to the county tax base relief fund are insufficient to provide advancements from each tier as described in subsections (3) and (4) of this section: (I) Any moneys appropriated to the county tax base relief fund shall first be used to provide advancements from tier 1; (II) If sufficient moneys are appropriated to provide all advancements from tier 1, the remaining moneys shall be used to provide advancements from tier 2; and (III) If sufficient moneys are appropriated to provide all advancements from tier 1 and tier 2, the remaining moneys shall be used to provide advancements from tier 3. (3) Subject to available appropriations, the amount of the additional advancement for each county for each month commencing on or after July 1, 2008, shall be the total of amounts calculated for each of the three tiers from which the county qualifies to receive a distribution of moneys pursuant to section 26-1-126 (2.1)(b), as follows: (a) A distribution of moneys from tier 1 shall be calculated as seventy-five percent of the remainder of the equation X minus Y, where: Colorado Revised Statutes 2019 Page 40 of 490 Uncertified Printout (I) X equals the sum of the monthly amount of the county's obligations pursuant to section 26-1-122 and the county share of the monthly amount expended for administrative costs of medical assistance pursuant to section 25.5-1-122, C.R.S., and section 26-1-122; and (II) Y equals the amount of moneys that would be raised by a levy of 3.0 mills on the property valued for assessment in the county, divided by twelve. (b) For a county not receiving a distribution of moneys from tier 1, the distribution from tier 2 shall be calculated as fifty percent of the remainder of the equation X minus Y, where: (I) X equals the sum of the monthly amount of the county's obligations pursuant to section 26-1-122 and the county share of the monthly amount expended for administrative costs of medical assistance pursuant to section 25.5-1-122, C.R.S., and section 26-1-122; and (II) Y equals the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county, divided by twelve. (c) For a county that receives a distribution of moneys from tier 1, the distribution from tier 2 shall be calculated as fifty percent of the remainder of the equation X minus Y, where: (I) X equals the amount of moneys that would be raised by a levy of 3.0 mills on the property valued for assessment in the county, divided by twelve; and (II) Y equals the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county, divided by twelve. (d) For a county not receiving a distribution of moneys from tier 2, the distribution from tier 3 shall be calculated as twenty-five percent of the remainder of the equation X minus Y, where: (I) X equals the sum of the monthly amount of the county's obligations pursuant to section 26-1-122 and the county share of the monthly amount expended for administrative costs of medical assistance pursuant to section 25.5-1-122, C.R.S., and section 26-1-122; and (II) Y equals the amount of moneys that would be raised by a levy of 2.0 mills on the property valued for assessment in the county, divided by twelve. (e) For a county that receives a distribution of moneys from tier 2, the distribution from tier 3 shall be calculated as twenty-five percent of the remainder of the equation X minus Y, where: (I) X equals the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county, divided by twelve; and (II) Y equals the amount of moneys that would be raised by a levy of 2.0 mills on the property valued for assessment in the county, divided by twelve. (4) (a) (I) Except as provided in paragraph (b) of subsection (2.1) of this section, in the event appropriations are insufficient to cover advancements from one or more tiers as provided for in this section, the advancements from a tier from which appropriations are insufficient to cover all advancements from that tier shall be advanced to each county that is eligible to receive an advancement from that tier in an equitable manner, such that each such county shall have the same proportion of the county's obligations paid through the combination of its property tax revenue available and its advancement from the county tax base relief fund. (II) As used in subparagraph (I) of this paragraph (a): (A) "County's obligations" means a county department's share of the overall cost of providing the assistance payments, food stamps (except the value of food stamp coupons), and social services activities delivered in the county, including the costs allocated to the administration of each, as described in section 26-1-122; and the county share of the Colorado Revised Statutes 2019 Page 41 of 490 Uncertified Printout administrative costs of medical assistance in the county, as described in section 25.5-1-122, C.R.S. (B) "Property tax revenue available" means the amount of moneys that would be raised by a levy of 3.0 mills on the property valued for assessment in the county if moneys are insufficient to cover advancements from tier 1, the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county if moneys are insufficient to cover advancements from tier 2, or the amount of moneys that would be raised by a levy of 2.0 mills on the property valued for assessment in the county if moneys are insufficient to cover advancements from tier 3. (b) (I) The executive director of the department may, on or after May 1 of any fiscal year and before the forty-fifth day after the close of the fiscal year: (A) Transfer unexpended general fund moneys in the county tax base relief fund line item of the general appropriation act to offset general fund over-expenditures in the county administration line in the general appropriation act; and (B) Transfer unexpended general fund moneys in the county administration line in the general appropriation act to offset general fund over-expenditures in the county tax base relief fund line item of the general appropriation act. (II) The transfers authorized by subparagraph (I) of this paragraph (b) shall be in addition to any other transfers within the department that are authorized by law or that are authorized in the general appropriation act and are required to implement appropriations conditioned on the distribution or transfer of the appropriated amounts. (III) The total amount of moneys transferred pursuant to subparagraph (I) of this paragraph (b) shall not exceed one million dollars for any fiscal year. (5) Each county eligible for county tax base relief fund moneys pursuant to this section shall only be responsible for an amount equal to the county's pro rata share of the general assembly's appropriation to the county tax base relief fund. If state and county appropriations are insufficient to meet the administrative and program costs of public assistance and the administrative costs of medical assistance and food stamps, then the executive director of the department of human services, the executive director of the department of health care policy and financing, and the state board of human services shall act pursuant to sections 26-1-121 (1)(c) and 26-1-122 (5) to reduce the rate of expenditure so that it matches the available funds. (6) Repealed. Source: L. 73: R&RE, p. 1177, § 1. C.R.S. 1963: § 119-1-25. L. 74: Entire section amended, p. 356, § 1, effective May 17. L. 75: (2), (3),and (4) amended, p. 886, § 2, effective July 1. L. 85: (2), IP(3), and (4) amended and (5) added, p. 289, § 2, effective June 11. L. 87: (2.1) added, p. 1156, § 3, effective June 16. L. 89: (2), (2.1)(a), and (3)(b) amended and (2.1)(b) R&RE, pp. 1190, 1191, §§ 1, 3, 2, effective April 5. L. 93: (2) and (5) amended, p. 1146, § 86, effective July 1, 1994. L. 97: Entire section amended, p. 1227, § 11, effective July 1. L. 2008: Entire section amended, p. 1809, § 2, effective June 2. L. 2010: (2.1)(b) and (4)(a) amended and (6) added, (SB 10-149), ch. 94, p. 321, § 1, effective April 15. L. 2011: (4)(a) amended, (SB 11228), ch. 156, p. 541, § 1, effective May 5. Editor's note: (1) Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2008. (See L. 2008, p. 1809.) Colorado Revised Statutes 2019 Page 42 of 490 Uncertified Printout (2) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2012. (See L. 2010, p. 321.) Cross references: (1) For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. (2) For the provision outlining the general assembly's discretion to establish levels of funding for programs, see § 2-4-215; for limitations on the funding of statutorily created programs, see § 2-4-216. 26-1-126.5. Effect of supreme court's interpretation of section 26-1-126, creating the county contingency fund for public assistance and welfare programs. The general assembly hereby finds and declares that the Colorado supreme court decision entitled Colorado Department of Social Services v. Board of County Commissioners of the County of Pueblo and Samuel J. Corsentino, No. 83SA316, March 11, 1985, which interpreted section 26-1-126 to require the general assembly to fully fund the county contingency fund, leaving no discretion with the general assembly to determine annually the level of funding of said fund, has not been adopted by the general assembly. The general assembly specifically rejects this interpretation and any implication in such decision which would result in any state liability for amounts not appropriated for such fund in previous fiscal years. Source: L. 85: Entire section added, p. 290, § 3, effective June 11. Cross references: For the provision outlining the general assembly's discretion to establish levels of funding for programs, see § 2-4-215; for limitations on the funding of statutorily created programs, see § 2-4-216; for the Colorado Supreme Court decision Colorado Department of Social Services v. Board of County Commissioners of the County of Pueblo and Samuel J. Corsentino, see 697 P.2d 1 (Colo. 1985). 26-1-127. Fraudulent acts. (1) Any person who obtains or any person who willfully aids or abets another to obtain public assistance or vendor payments or medical assistance as defined in this title to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, commits the crime of theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S., and which crime shall be punished as provided in section 18-1.3401, C.R.S., if the crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified as a misdemeanor. To the extent not otherwise prohibited by state or federal law, any person violating the provisions of this subsection (1) is disqualified from participation in any public assistance program under article 2 of this title for one year for a first offense, two years for a second offense, and permanently for a third or subsequent offense. Such disqualification is mandatory and is in addition to any other penalty imposed by law. (1.5) To the extent not otherwise prohibited by state or federal law, any person against whom a county department of social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or Colorado Revised Statutes 2019 Page 43 of 490 Uncertified Printout willfully aided and abetted another to obtain public assistance or vendor payments or medical assistance as defined in this title to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, is disqualified from participation in any public assistance program under article 2 of this title for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualification is mandatory and is in addition to any other remedy available to a judgment creditor. (2) (a) If, at any time during the continuance of public assistance under this title, the recipient thereof acquires any property or receives any increase in income or property, or both, in excess of that declared at the time of determination or redetermination of eligibility or if there is any other change in circumstances affecting the recipient's eligibility, it shall be the duty of the recipient to notify the county department within thirty days in writing or take steps to secure county assistance to prepare such notification in writing of the acquisition of such property, receipt of such income, or change in such circumstances; and any recipient of such public assistance who knowingly fails to do so commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. If such property or income is received infrequently or irregularly and does not exceed a total value of ninety dollars in any calendar quarter, such property or income shall be excluded from the thirty-day written reporting requirement but shall be reported at the time of the next redetermination of eligibility of a recipient. (b) The county departments shall use an application form which contains appropriate and conspicuous notice of the penalties for fraud and shall deliver to each recipient, with the first check and each redetermination thereafter, a notice explaining what changes in circumstances require written notification to the county department under paragraph (a) of this subsection (2). The county department shall make available suitable forms which may be used for the purposes of this notification. (3) Any recipient or vendor who falsifies any report required under this title commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. (4) Subject to available appropriations, additional costs incurred by the district attorneys in enforcing this section shall be billed to the county departments in the judicial district in such proportion for each county as specified in section 20-1-302, C.R.S., and the county departments shall pay such costs as an expense of public assistance administration. (5) Notwithstanding the provisions of this section, the state department, county departments, or district attorney may elect, in the alternative, to prosecute under the general criminal statutes. (6) Repealed. Source: L. 77: Entire section added, p. 1333, § 3, effective January 1, 1978. L. 79: (6) repealed, p. 1093, § 2, effective June 21. L. 81: (1) amended, p. 1371, § 1, effective June 5. L. 89: (1) amended, p. 846, § 118, effective July 1. L. 94: (1) amended and (1.5) added, p. 2062, § 4, effective July 1. L. 97: (1) and (1.5) amended, p. 1229, § 13, effective July 1. L. 2002: (1), (2)(a), and (3) amended, p. 1538, § 272, effective October 1. Colorado Revised Statutes 2019 Page 44 of 490 Uncertified Printout Cross references: (1) For fraudulent acts relating to food stamps, see §§ 26-2-305 and 26-2-306; for offenses involving fraud under the "Colorado Criminal Code", see part 1 of article 5 of title 18. (2) For the legislative declaration contained in the 2002 act amending subsections (1), (2)(a), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002. 26-1-127.5. Prevention of erroneous payments to prisoners - incentives. (1) In the event the identifying information transmitted to the state department and the county departments pursuant to section 17-26-118.5 (2), C.R.S., results in the termination of benefits from any program administered by the state department or county departments, the state department or county department shall pay as a reward to the sheriff ten percent of each of the following: (a) Any portion of one month's benefit that would have been payable to the incarcerated recipient that consists of state or county moneys; (b) Any portion of one month's benefit that would have been payable to the incarcerated recipient that consists of federal moneys granted to the state or counties, unless federal law prohibits the use of such grant moneys for the purpose specified in this subsection (1); (c) Any portion of one month's benefit that would have been payable to the incarcerated recipient that consists of federal moneys made available by waiver for the purpose specified in this subsection (1). (2) The executive director may apply for any federal waivers necessary to maximize the amount of the incentive payments to sheriffs. (3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), the state department or county departments shall not pay a reward to a sheriff for providing identifying information pursuant to subsection (1) of this section in connection with a participant in the Colorado works program, created pursuant to part 7 of article 2 of this title, unless the federal government permits any amount paid as a reward to qualify as an expenditure for the purposes of meeting the state maintenance of historic effort required pursuant to section 26-2-713. (b) The state department or county departments shall not pay a reward as authorized under this section if the state or county costs of implementing the provisions of this section exceed the overall saving of state or county moneys that the state department or county departments estimate shall be realized by implementing this section. Source: L. 99: Entire section added, p. 553, § 2, effective August 4. 26-1-128. Report required. (Repealed) Source: L. 77: Entire section added, p. 1336, § 9, effective January 1, 1978. L. 80: Entire section repealed, p. 795, § 56, effective June 5. 26-1-129. Comprehensive information - packet of aged services and programs implementation. (1) The general assembly hereby finds and declares that, while numerous programs and services are available for the aged, their access to such programs and services is often fragmented due to a lack of knowledge and information, and, as a result, needs which could be met are not. The general assembly further finds that compiling a single information Colorado Revised Statutes 2019 Page 45 of 490 Uncertified Printout packet on all programs and services would assist the aged in utilizing these programs and services more effectively. (2) (a) To assist the aged in utilizing existing programs and services for which they may become eligible at sixty-two years of age or older, the state department shall compile a list of all such programs at the federal, state, and local level. (b) The state department shall supervise the compilation of an information packet containing information on the said programs and services, their eligibility requirements, mode of delivery, and application forms, and shall make a single copy of the compiled information available to specified local agencies serving the aged, including the county departments of human or social services and the area agencies on aging. (c) The packet shall contain only the listing of federal, state, and local services and programs, referral agencies, information pamphlets, and application forms. It shall not contain any materials which represent or promote the aims of private agencies or organizations. (3) The designated local agencies shall: (a) Provide appropriate assistance to individuals utilizing the information packet; and (b) Coordinate client referrals to community agencies serving the aged and to institutional and noninstitutional programs, services, and activities within the community, as appropriate. Source: L. 91: Entire section added, p. 1854, § 2, effective April 11. L. 2018: (2)(b) amended, (SB 18-092), ch. 38, p. 451, § 134, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-1-130. Applications for licenses - authority to suspend licenses - rules definitions. (1) Every application by an individual for a license issued by the state department or any authorized agent of said department shall require the applicant's name, address, and social security number. (2) The state department or any authorized agent of the state department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, and any rules promulgated in furtherance thereof, if the state department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the state department and rules promulgated by the state board for the implementation of this section and section 26-13-126. (3) (a) The state department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the state department and the state child support enforcement agency with respect to the implementation of this section and section 26-13-126. Colorado Revised Statutes 2019 Page 46 of 490 Uncertified Printout (b) The appropriate rule-making body of the state department is authorized to promulgate rules to implement the provisions of this section. (4) For purposes of this section, "license" means any recognition, authority, or permission that the state department or any authorized agent of said department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. Source: L. 97: Entire section added, p. 1286, § 31, effective July 1. Cross references: For the legislative declaration contained in the 1997 act enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997. 26-1-131. (Reserved) Editor's note: This section was originally enacted in 2004; however section 2 of chapter 328, Session Laws of Colorado 2004, provided that this section would only take effect if the department of human services provided written notice to the revisor of statutes that potential partners for a merger with the Colorado mental health institute were identified. No such notification was received by the revisor of statutes, therefore this section as it appeared in the 2004 Colorado Revised Statutes did not take effect. 26-1-132. Department of human services - rate setting - residential treatment service providers - monitoring and auditing - report - repeal. (1) In conjunction with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e) to review the rate-setting process for child welfare services, the state department shall develop a rate-setting process consistent with medicaid requirements for providers of residential treatment services in Colorado. The department of health care policy and financing shall approve the ratesetting process for rates funded by medicaid. The rate-setting process developed pursuant to this section may include: (a) A range that represents a base-treatment rate for serving a child who is subject to outof-home placement due to dependency and neglect, a child placed in a residential child care facility pursuant to the "Children and Youth Mental Health Treatment Act", article 67 of title 27, or a child who has been adjudicated a delinquent, which includes a defined service package to meet the needs of the child; (b) A request for proposal to contract for specialized service needs of a child, including but not limited to: Substance use disorder treatment services, sex offender services, and services for the intellectually and developmentally disabled; and (c) Negotiated incentives for achieving outcomes for the child as defined by the state department, counties, and providers. (2) In auditing residential treatment providers, the state department shall apply compliance requirements and monitoring functions consistently across all division and monitoring teams. Colorado Revised Statutes 2019 Page 47 of 490 Uncertified Printout (3) The rate-setting process developed by the state department, counties, and providers and approved by the department of health care policy and financing pursuant to subsection (1) of this section shall include a two- or three-year implementation timeline with implementation beginning in state fiscal year 2008-09. (4) (a) (I) The state department, in conjunction with the counties and providers, shall submit an initial report to the joint budget committee of the general assembly on or before January 1, 2017, and every January 1 thereafter. The report must include the rate-setting process and the implementation timeline developed pursuant to this section. (II) Pursuant to section 24-1-136 (11)(a)(I), this subsection (4)(a) is repealed, effective January 2, 2020. (b) The department of health care policy and financing and the state department, in consultation with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e) to review the rate-setting process for child welfare services, shall review the rate-setting process every two years and shall submit any changes to the joint budget committee of the general assembly. Source: L. 2005: Entire section added, p. 115, § 1, effective August 8. L. 2006: (1), (3), and (4) amended, p. 1992, § 19, effective July 1. L. 2007: (1)(a), (3), and (4) amended, p. 618, § 3, effective August 3. L. 2010: (1)(a) amended, (SB 10-175), ch. 188, p. 802, § 71, effective April 29. L. 2016: IP(1), (1)(a), and (4) amended, (SB 16-201), ch. 171, p. 541, § 1, effective May 18. L. 2017: (1)(b) amended, (SB 17-242), ch. 263, p. 1331, § 214, effective May 25; (4)(a) amended, (SB 17-234), ch. 154, p. 521, § 7, effective August 9. L. 2018: (1)(a) amended, (HB 18-1094), ch. 343, p. 2044, § 11, effective June 30. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 26-1-133. Colorado mental health institute at Pueblo - forensic unit - authority to enter into lease. (Repealed) Source: L. 2005: Entire section added, p. 1512, § 1, effective June 9. L. 2006: Entire section repealed, p. 287, § 3, effective March 31. Cross references: For the legislative declaration contained in the 2006 act repealing this section, see section 1 of chapter 91, Session Laws of Colorado 2006. 26-1-133.5. Rental properties - fund created. (1) The executive director is authorized to rent surplus facilities on the campuses of the various institutions operated by the state department so long as the rentals are not prohibited by contractual agreement, state law, or other legal restrictions on the state department's possession or use of the property. The state department shall not enter into any lease agreement that would endanger the state's ownership of the property or that is expected to result in a financial loss to the state. (2) All moneys collected from the rental of surplus facilities pursuant to subsection (1) of this section shall be transmitted to the state treasurer, who shall credit the same to the Colorado Revised Statutes 2019 Page 48 of 490 Uncertified Printout department of human services buildings and grounds cash fund, which fund is hereby created and referred to in this section as the "fund". (3) The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department to be used in operating, repairing, remodeling, or demolishing the facilities of any properties rented by the state department pursuant to subsection (1) of this section. (4) Any moneys in the fund not expended for the purposes of subsection (3) of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. Source: L. 2008: Entire section added, p. 1344, § 1, effective May 27. 26-1-134. Home- and community-based services for persons with developmental disabilities - cooperation. It is the intent of the general assembly that the department of health care policy and financing and the state department cooperate to the maximum extent possible in designing, implementing, and administering the program authorized under part 4 of article 6 of title 25.5, C.R.S. Source: L. 2006: Entire section added, p. 1993, § 20, effective July 1. 26-1-135. Child welfare action committee - reporting - cash fund - created. (1) As part of the work done by the governor's child welfare action committee, created by executive order B 006 08, the state department shall make periodic reports of findings and recommendations, including a report of the child welfare action committee's initial recommendations, to the health and human services committees of the senate and the house of representatives, or any successor committees, and the joint budget committee on or before January 31, 2009. (2) (a) (I) There is hereby created in the state treasury the child welfare action committee cash fund, referred to in this section as the "fund". The fund shall be comprised of moneys credited to the fund pursuant to subsection (3) of this section, and any other moneys appropriated to the fund. All interest earned on the investment of moneys in the fund shall be credited to the fund. (II) Moneys in the fund are continuously appropriated to the department of human services to pay any necessary expenses related to the governor's child welfare action committee, created by executive order B 006 08, and the implementation of any recommendations of the committee. (III) Any moneys credited to the fund and unexpended at the end of a fiscal year shall remain in the fund and shall not revert to the general fund. (b) and (c) Repealed. (3) The state department is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this section; except that no gift, grant, or donation may be accepted if it is subject to conditions that are inconsistent with this section or any other law of the state. All private and public moneys received through gifts, grants, or donations shall Colorado Revised Statutes 2019 Page 49 of 490 Uncertified Printout be transmitted to the state treasurer, who shall credit the same to the child welfare action committee cash fund, created in subsection (2) of this section. Source: L. 2008: Entire section added, p. 1526, § 2, effective May 28. L. 2011: (2)(c) added, (SB 11-226), ch. 190, p. 734, § 4, effective May 19. L. 2015: (2)(a)(I) amended and (2)(b) and (2)(c) repealed, (SB 15-264), ch. 259, p. 963, § 80, effective August 5. Cross references: For the legislative declaration contained in the 2008 act enacting this section, see section 1 of chapter 327, Session Laws of Colorado 2008. 26-1-136. Persons in a department of human services facility - medical benefits application assistance - county of residence - rules. (1) (a) Beginning as soon as practicable, but no later than January 1, 2009, no later than one hundred twenty days prior to release, state department facility personnel shall assist the following persons in applying for medical assistance pursuant to part 1 or 2 of article 5 of title 25.5, C.R.S.: (I) A person who was receiving medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., immediately prior to entering the state department facility and is likely to be terminated from receiving medical assistance while committed or otherwise placed or is reasonably expected to meet the eligibility criteria specified in section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S., upon release; and (II) (A) A person who is committed to a state department facility pursuant to part 1 of article 8 of title 16, C.R.S.; or (B) A person who is a patient or a juvenile who is placed in a state department facility pursuant to court order. (b) If the person is committed or placed for less than one hundred twenty days, state department personnel shall make a reasonable effort to assist the person in applying for medical assistance as soon as practicable. (2) As soon as practicable, but no later than January 1, 2009, no later than one hundred twenty days prior to release, state department facility personnel shall assist the following persons in applying for supplemental security income benefits under Title II of the federal "Social Security Act", 42 U.S.C. sec. 301, et seq., as amended, and in any associated appeals process: (a) A person who was eligible for supplemental security income benefits under Title II of the federal "Social Security Act", 42 U.S.C. sec. 301, et seq., as amended, immediately prior to entering the state department facility and is likely to be terminated from receiving supplemental security income benefits while committed or otherwise placed, or is reasonably expected to meet the eligibility criteria for supplemental security income benefits upon release; and (b) (I) A person who is committed to a state department facility pursuant to part 1 of article 8 of title 16, C.R.S.; or (II) A person who is a patient who is placed in a state department facility pursuant to court order. (3) The department of health care policy and financing shall provide information and training on medical assistance eligibility requirements and assistance to the facility personnel at each facility to assist in and expedite the application process for medical assistance for a person held in custody who meets the requirements of paragraph (a) of subsection (1) of this section. Colorado Revised Statutes 2019 Page 50 of 490 Uncertified Printout (4) The state department shall provide information and education regarding the supplemental security income systems and application processes to personnel at each facility. (5) (a) For purposes of determining eligibility pursuant to section 25.5-4-205, C.R.S., the county of residence of the person shall be the county specified by the person as his or her county of residence upon release. (b) The executive director of the department of health care policy and financing shall promulgate rules to simplify the processing of applications for medical assistance pursuant to paragraph (a) of subsection (1) of this section and to allow a person determined to be eligible for such medical assistance to access the medical assistance upon release and thereafter. If a county department determines that a person is eligible for medical assistance, the county shall enroll the person in medicaid effective upon his or her release. At the time of the person's release, the facility personnel shall give the person information and paperwork necessary for the person to access medical assistance. The information shall be provided to the facility by the applicable county department. (c) Each state department facility shall attempt to enter into prerelease agreements with local social security administration offices, and, if appropriate, the county department or the department of health care policy and financing in order to: (I) Simplify the processing of applications for medical assistance or for supplemental security income to enroll, effective upon release, a person who is eligible for medical assistance pursuant to section 25.5-5-101 (1)(f) or 25.5-5-201 (1)(j), C.R.S.; and (II) Provide the person with the information and paperwork necessary to access medical assistance immediately upon release. Source: L. 2008: Entire section added, p. 1764, § 2, effective June 2. 26-1-136.5. Menstrual hygiene products for a person in custody - definition. (1) A department of human services facility shall provide whichever menstrual hygiene products are requested by a person in the custody of a department of human services facility to the person in custody at no expense to the person in custody. The department of human services facility shall not impose any condition or restriction on a person in custody's access to menstrual hygiene products. (2) As used in this section, unless the context otherwise requires, "menstrual hygiene products" means tampons, menstrual pads, sanitary napkins, and pantiliners. Source: L. 2019: Entire section added, (HB 19-1224), ch. 131, p. 589, § 5, effective April 25. Cross references: For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019. 26-1-137. Persons committed to or placed in a department of human services facility - prohibition against the use of restraints on pregnant women. (1) As used in this section, "facility staff" means the staff of a state department facility or facility supervised by the executive director. Colorado Revised Statutes 2019 Page 51 of 490 Uncertified Printout (2) Facility staff, in restraining a woman who is committed to or placed pursuant to this title or title 27, C.R.S., in a state department facility or a facility supervised by the executive director, shall use the least restrictive restraint necessary to ensure safety if the facility staff have actual knowledge or a reasonable belief that the woman is pregnant. The requirement that staff use the least restrictive restraints necessary to ensure safety shall continue during postpartum recovery and transport to or from a facility. (3) (a) (I) Facility staff or medical staff shall not use restraints of any kind on a pregnant woman during labor and delivery of the child; except that staff may use restraints if: (A) The medical staff determine that restraints are medically necessary for safe childbirth; (B) The facility staff or medical staff determine that the woman presents an immediate and serious risk of harm to herself, to other patients, or to medical staff; or (C) The facility staff determine that the woman poses a substantial risk of escape that cannot reasonably be reduced by the use of other existing means. (II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, under no circumstances shall staff use leg shackles or waist restraints on a pregnant woman during labor and delivery of the child, postpartum recovery while in a medical facility, or transport to or from a medical facility for childbirth. (b) The facility or medical staff authorizing the use of restraints on a pregnant woman during labor or delivery of the child shall make a written record of the use of restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The state department shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the woman who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law. (4) After childbirth and upon return to a state department facility or a facility supervised by the executive director, the woman shall be entitled to have a member of the state department's medical staff present during any strip search. (5) When a woman's pregnancy is determined, the facility staff shall inform a pregnant woman committed to or placed in a state department facility or a facility supervised by the executive director in writing in a language and in a manner understandable to the woman of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search. (6) The executive director shall ensure that facility staff receive adequate training concerning the provisions of this section. Source: L. 2010: Entire section added, (SB 10-193), ch. 312, p. 1467, § 4, effective January 1, 2011. 26-1-138. Memorandum of understanding - notification of risk - rules. (1) On or before July 1, 2011, the department of human services and the department of education shall enter into a memorandum of understanding, pursuant to section 22-2-139, C.R.S., concerning the Colorado Revised Statutes 2019 Page 52 of 490 Uncertified Printout enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, C.R.S. (2) The state board may promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., concerning the implementation of the memorandum of understanding, including but not limited to rules regarding notification of and sharing of information as described in section 22-2-139, C.R.S. Source: L. 2010: Entire section added, (HB 10-1274), ch. 271, p. 1251, § 6, effective May 25. Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 271, Session Laws of Colorado 2010. 26-1-139. Child fatality and near fatality prevention - legislative declaration process - department of human services child fatality review team - reporting - rules definitions. (1) The general assembly hereby finds and declares that: (a) It is of the utmost importance and a community responsibility to mitigate the incidents of egregious abuse or neglect, near fatalities, or fatalities of children in the state due to abuse or neglect. Professionals from disparate disciplines share responsibilities for the safety and well-being of children as well as expertise that can promote that safety and well-being. Multidisciplinary reviews of the incidents of egregious abuse or neglect, near fatalities, or fatalities of children due to abuse or neglect can lead to a better understanding of the causes of such tragedies and, more importantly, methods of mitigating future incidents of egregious abuse or neglect, near fatalities, or fatalities. (b) There is a need for agency transparency and accountability to the public regarding an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality that involves a suspicion of abuse or neglect when the child or family has had previous involvement, as defined in paragraph (c) of subsection (2) of this section, with the state or county within three years prior to the incident. (c) There is a need for a multidisciplinary team to conduct in-depth case reviews after an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality that involves a suspicion of abuse or neglect and when the child or family has had previous involvement, as defined in paragraph (c) of subsection (2) of this section, within three years prior to the incident. The multidisciplinary reviews would complement that of the review conducted by the Colorado state child fatality prevention review team in the department of public health and environment pursuant to article 20.5 of title 25, C.R.S. The goal of the multidisciplinary review shall not be to affix blame, but rather to improve understanding of why the incidents of egregious abuse or neglect against a child, near fatalities, or fatalities of a child due to abuse or neglect occur, to identify and understand where improvements can be made in the delivery of child welfare services, and to develop recommendations for mitigation of future incidents of egregious abuse or neglect against a child, near fatalities, or fatalities of a child due to abuse or neglect. (d) It is the intent of the general assembly to codify the department of human services child fatality review team as well as modify certain aspects of its processes to promote an understanding of the causes of each incident of egregious abuse or neglect, near fatality, or Colorado Revised Statutes 2019 Page 53 of 490 Uncertified Printout fatality of a child due to abuse or neglect, identify systemic deficiencies in the delivery of services and supports to children and families, and recommend changes to help mitigate future incidents of egregious abuse or neglect against a child, near fatalities, or fatalities of children due to abuse or neglect. (e) It is further the intent of the general assembly to comply with the federal "Child Abuse Prevention and Treatment Reauthorization Act of 2010", Pub.L. 111-320, which requires states to allow for public disclosure of the findings or information about a case of child abuse or neglect that resulted in a child fatality or near fatality, and to include in the disclosure the age, gender, and race or ethnicity of the child to better understand trends and patterns of child fatalities in Colorado as they relate to age, gender, and race or ethnicity. (2) As used in this section, unless the context otherwise requires: (a) "Incident of egregious abuse or neglect" means an incident of suspected abuse or neglect involving significant violence, torture, use of cruel restraints, or other similar, aggravated circumstances that may be further defined in rules promulgated by the state department pursuant to this section. (b) "Near fatality" means a case in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse, neglect, or maltreatment. (c) "Previous involvement" means a situation in which the county department has received a referral, responded to a report, opened an assessment, provided services, or opened a case in the Colorado TRAILS system that is related to the provision of child welfare services, as defined in section 26-5-101 (3). (d) "Suspicious fatality or near fatality" means a fatality or near fatality that is more likely than not to have been caused by abuse or neglect. (e) "Team" means the department of human services child fatality review team established in rules promulgated pursuant to section 26-1-111 and codified pursuant to subsection (3) of this section. (3) There is hereby established in the state department the department of human services child fatality review team. The team shall have the following objectives: (a) To assess the records of each case in which a suspicious incident of egregious abuse or neglect against a child, near fatality, or child fatality due to abuse or neglect occurred and the child or family had previous involvement, as defined in paragraph (c) of subsection (2) of this section, within three years prior to the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect; (b) To understand the causes of the reviewed incidents of egregious abuse or neglect against a child, near fatalities, or child fatalities; (c) To identify any gaps or deficiencies that may exist in the delivery of services to children and their families by public agencies that are designed to mitigate future child abuse, neglect, or death; and (d) To make recommendations for changes to laws, rules, and policies that will support the safe and healthy development of Colorado's children. (4) The team shall have the following duties: (a) To review the circumstances around the incident of egregious abuse or neglect against a child, near fatality, or child fatality; Colorado Revised Statutes 2019 Page 54 of 490 Uncertified Printout (b) To review the services provided to the child, the child's family, and the perpetrator by the county department for any county with which the family has had previous involvement, as defined in paragraph (c) of subsection (2) of this section, within three years prior to the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect; (c) To review records and interview individuals, as deemed necessary and not otherwise prohibited by law, involved with or having knowledge of the facts of the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect, including but not limited to all other state and local agencies having previous involvement, as defined in paragraph (c) of subsection (2) of this section, within three years prior to the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect; (d) To review the county department's compliance with statutes, regulations, and relevant policies and procedures that are directly related to the incident of egregious abuse or neglect against a child, near fatality, or fatality; (e) To identify strengths and best practices of service delivery to the child and the child's family; (f) To identify factors that may have contributed to conditions leading to the incident of egregious abuse or neglect against a child, near fatality, or fatality, including, but not limited to, lack of or unsafe housing, family and social supports, educational life, physical health, emotional and psychological health, and other safety, crisis, and cultural or ethnic issues; (g) To review supports and services provided to siblings, family members, and agency staff after the incident of egregious abuse or neglect against a child, near fatality, or fatality; (h) To identify the quality and sufficiency of coordination between state and local agencies; (i) To develop and distribute the following reports, the content of which shall be determined by rules promulgated by the state department pursuant to subsection (7) of this section: (I) On or before July 1, 2014, and on or before each July 1 thereafter, an annual child fatality and near fatality review report, absent confidential information, summarizing the reviews required by subsection (5) of this section conducted by the team during the previous year. The report must also include annual policy recommendations based on the collection of reviews required by subsection (5) of this section. The recommendations must address all systems involved with children and follow up on specific system recommendations from prior reports that address the strengths and weaknesses of child protection systems in Colorado. The team shall post the annual child fatality and near fatality review report on the state department's website and distribute it to the Colorado state child fatality prevention review team established in the department of public health and environment pursuant to section 25-20.5-406, C.R.S., the governor, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. The annual child fatality and near fatality review report must be prepared within existing resources. (II) The final confidential, case-specific review report required pursuant to subsection (5) of this section for each child fatality, near fatality, or incident of egregious abuse or neglect. The final confidential, case-specific review report shall be submitted to the Colorado state child Colorado Revised Statutes 2019 Page 55 of 490 Uncertified Printout fatality prevention review team established in the department of public health and environment pursuant to section 25-20.5-406, C.R.S. (III) A case-specific executive summary, absent confidential information, of each incident of egregious abuse or neglect against a child, near fatality, or child fatality reviewed. The team shall post the case-specific executive summary on the state department's website. (5) (a) Each county department shall report to the state department any suspicious incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect within twenty-four hours of becoming aware of the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect. If the county department has had previous involvement, as defined in paragraph (c) of subsection (2) of this section, within three years prior to the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect, the county department shall provide the state department with all relevant reports and documentation regarding its previous involvement with the child within sixty calendar days after becoming aware of the incident of egregious abuse or neglect against a child, near fatality, or fatality of a child due to abuse or neglect. The state department may grant, at its discretion, an extension to a county department for delays outside of the county department's control regarding the receipt of all relevant reports and information critical to an effective review, including but not limited to the final autopsy and law enforcement reports, until such documents can be made available for review by the team. (b) Within three business days after receiving from a county department the information provided under paragraph (a) of this subsection (5), the department shall disclose to the public that information has been received, whether the department is conducting a review of the incident, whether the child was in his or her own home or in foster care, as defined in section 191-103 (51.3), C.R.S., and the child's gender and age. The department may disclose the scope of the review. (c) The team shall complete its review of each incident of egregious abuse or neglect, near fatality, or fatality of a child due to abuse or neglect, draft a confidential, case-specific review report, and submit the draft report to any county department with previous involvement, as defined in paragraph (c) of subsection (2) of this section, within fifty-five calendar days after the review team meeting. Any county department with previous involvement, as defined in paragraph (c) of subsection (2) of this section, has thirty calendar days after the completion of the draft confidential, case-specific review report to review the draft confidential, case-specific review report and provide a written response to be included in the final confidential, casespecific review report. A confidential, case-specific review report must be finalized and submitted pursuant to paragraph (e) of this subsection (5) no more than thirty calendar days after the county department's response is received by the team or upon confirmation in writing from the county department that a written response will not be provided. (d) The proceedings, records, opinions, and deliberations of the department of human services child fatality review team shall be privileged and shall not be subject to discovery, subpoena, or introduction into evidence in any civil action in any manner that would directly or indirectly identify specific persons or cases reviewed by the state department or county department. Nothing in this paragraph (d) shall be construed to restrict or limit the right to discover or use in any civil action any evidence that is discoverable independent of the proceedings of the department of human services child fatality review team. Colorado Revised Statutes 2019 Page 56 of 490 Uncertified Printout (e) The team shall provide the final confidential, case-specific review report to the executive director, the director for any county or community agency referenced in the report, the county board of human services of any county department with previous involvement, as defined in paragraph (c) of subsection (2) of this section, the legislative members of the team appointed pursuant to paragraph (f) of subsection (6) of this section, and the department of public health and environment. (f) The state department shall post on its website, within seven business days after the report's finalization, a case-specific executive summary of the final confidential, case-specific review report, absent confidential information as described in paragraph (i) of this subsection (5), of each incident of egregious abuse or neglect against a child, near fatality, or child fatality reviewed pursuant to this section. (g) The case-specific executive summary for a child who was not in foster care, as defined in section 19-1-103 (51.3), C.R.S., at the time of the fatality must include: (I) The child's name, date of birth, and date of fatality; (II) The age, gender, and race or ethnicity of the child and a description of the child's family, including the birth order of the child whose death is being reviewed; (III) A statement of any child welfare services, as defined in section 26-5-101 (3), and any other government assistance or services that were being provided to the child and are recorded in the state's human services case management systems, including TRAILS, the Colorado benefits management system, or the Colorado child care automated tracking system, any member of the child's family, or the person suspected of the abuse or neglect; (IV) The date of the last contact between the agency providing any child welfare service and the child, the child's family, or the person suspected of the abuse or neglect; (V) The age, income level, and education level of the legal caretaker at the time of the fatality; (VI) Information on the person or persons caring for the child at the time of the fatality; and (VII) Any other information required by rules promulgated by the state department pursuant to subsection (7) of this section. (h) The case-specific executive summary for a child who was in foster care, as defined in section 19-1-103 (51.3), C.R.S., at the time of the incident must include: (I) The child's name, date of birth, and date of fatality; (II) The age, gender, and race or ethnicity of the child; (III) A description of the foster care placement; (IV) The licensing history of the foster care placement; (V) A statement of any child welfare services, as defined in section 26-5-101 (3), and any other government assistance or services that were being provided to the child and are recorded in the state's human services case management systems, including TRAILS, the Colorado benefits management system, or the Colorado child care automated tracking system, any member of the child's family, or the person suspected of the abuse or neglect; (VI) The date of the last contact between the agency providing any child welfare service and the child, the child's family, or the person suspected of the abuse or neglect; and (VII) Any other information required by rules promulgated by the state department pursuant to subsection (7) of this section. Colorado Revised Statutes 2019 Page 57 of 490 Uncertified Printout (i) The case-specific executive summary or other release or disclosure of information pursuant to this section shall not include: (I) Any information that would reveal the identity of the child who is the subject of the executive summary, any member of the child's family, any member of the child's household who is a child, or any caregiver of the child; (II) Any information that would reveal the identity of the person suspected of the abuse or neglect or any employee of any agency that provided child welfare services, as defined in section 26-5-101 (3), to the child or that participated in the investigation of the incident of fatality, near fatality, or egregious abuse or neglect; (III) Any information that would reveal the identity of a reporter or of any other person who provides information relating to the incident of fatality, near fatality, or egregious abuse or neglect; (IV) Any information which, if disclosed, would not be in the best interests of the child who is the subject of the report, any member of the child's family, any member of the child's household who is a child, or any caregiver of the child, as determined by the state department in consultation with the county that reported the incident of fatality, near fatality, or egregious abuse or neglect and the district attorney of the county in which the incident occurred, and after balancing the interests of the child, family, household member, or caregiver in avoiding the stigma that might result from disclosure against the interest of the public in obtaining the information. (V) Any information for which disclosure is not authorized by state law or rule or federal law or regulation. (j) The state department may not release the case-specific executive summary if the state department, in consultation with the county, determines that making the executive summary available would jeopardize any of the following: (I) Any ongoing criminal investigation or prosecution or a defendant's right to a fair trial; or (II) Any ongoing or future civil investigation or proceeding or the fairness of such proceeding. (k) If at any point in the review process it is determined that the incident of egregious abuse or neglect against a child, near fatality, or fatality is not the result of abuse or neglect, the review shall cease. (l) The state department or any county department may release to the public any information at any time to correct any inaccurate information reported in the news media, so long as the information released by the state department or county department is not explicitly in conflict with federal law, is not contrary to the best interest of the child who is the subject of the report, or his or her siblings, is in the public's best interest, and is consistent with the federal "Child Abuse Prevention and Treatment Reauthorization Act of 2010", Pub.L. 111-320. (6) The team consists of up to twenty members, appointed on or before September 30, 2011, as follows: (a) Three members from the state department, appointed by the executive director; (b) Two members from the department of public health and environment, appointed by the executive director of said department; (c) Three members representing county departments, appointed by a statewide organization representing county commissioners; Colorado Revised Statutes 2019 Page 58 of 490 Uncertified Printout (d) At least eight additional multidisciplinary members, to be appointed by the members described in paragraphs (a) to (c) of this subsection (6), including but not limited to representatives from the office of the child protection ombudsman and from the fields of child protection, physical medicine, mental health, education, law enforcement, district attorneys, child advocacy, and any others as deemed appropriate; (e) For the purposes of participating in a specific case review, additional members may be appointed at the discretion of the members described in paragraphs (a) to (c) of this subsection (6) to represent agencies involved with the child or the child's family in the twelve months prior to the incident of egregious abuse or neglect against a child, a near fatality, or fatality; and (f) Two members of the general assembly, one appointed by the majority leader of the senate and one appointed by the majority leader of the house of representatives; except that, if the majority leaders are from the same political party, the minority leader of the house of representatives shall appoint the second member. The members appointed pursuant to this paragraph (f) are nonvoting members and are not required to be present at any meeting of the team. (6.5) Members of the team serve three-year terms and are eligible for reappointment upon the expiration of the terms. Vacancies shall be filled in a manner and within a time frame to be determined by rules promulgated by the state department pursuant to subsection (7) of this section; except that any vacancy of a member appointed pursuant to paragraph (f) of subsection (6) of this section shall be filled by the appointing authority. (6.7) The members of the team appointed pursuant to paragraph (f) of subsection (6) of this section are entitled to receive compensation and reimbursement of expenses as provided in section 2-2-326, C.R.S. (7) The state department shall promulgate additional rules, as necessary, for the implementation of this section, including but not limited to the confidentiality of information in incidents of egregious abuse or neglect against a child, near fatalities, or child fatalities. Source: L. 2011: Entire section added, (HB 11-1181), ch. 120, p. 375, § 1, effective April 20. L. 2012: Entire section amended, (SB 12-033), ch. 91, p. 295, § 1, effective April 12. L. 2013: (1), (2)(c), (3)(a), (4)(b), (4)(c), (4)(i)(I), (5)(a), (5)(b), (5)(c), (5)(e), (5)(l), and (6)(f) amended, (6.5) added, and (5)(g) and (5)(h) R&RE, (SB 13-255), ch. 222, pp. 1037, 1042, §§ 10, 11, effective May 14. L. 2014: (6.7) added, (SB 14-153), ch. 390, p. 1965, § 25, effective June 6. 26-1-140. State exception to HIPAA - significant threat to schools - legislative declaration - repeal. (Repealed) Source: L. 2016: Entire section added, (HB 16-1063), ch. 176, p. 607, § 2, effective May 18. Editor's note: Subsection (3) provided for the repeal of this section, effective December 31, 2017. (See L. 2016, p. 607.) 26-1-141. Departments - report required - hepatitis and HIV tests - definitions. (1) On or before December 31, 2019, the executive directors of the department of human services, Colorado Revised Statutes 2019 Page 59 of 490 Uncertified Printout the department of health care policy and financing, and the department of corrections shall submit a report to the public health care and human services committee and the health and insurance committee of the house of representatives and the health and human services committee of the senate concerning: (a) The amount of federal funds that each department is eligible to receive or is currently receiving that may be used for testing for hepatitis B, hepatitis C, or HIV; (b) The number of individuals currently being tested for each disease listed in subsection (1)(a) of this section; and (c) Whether each department is planning to increase the number of people being tested for each disease listed in subsection (1)(a) of this section. (2) The departments specified in subsection (1) of this section shall prepare materials describing the eligibility standards currently in use for treatment of hepatitis B, hepatitis C, and HIV and distribute materials to primary care providers in the state. The departments may distribute the materials by providing the materials to the relevant professional association for the providers, at professional association meetings and conferences, or by other appropriate means as determined by each department. (3) As used in this section: (a) "Arranging for the provision" means demonstrating established referral relationships with health care providers for any of the comprehensive primary care services not directly provided by an entity. (b) (I) "Primary care" means the basic entry-level health care provided by physician or nonphysician health care practitioners that is generally provided in an outpatient setting. (II) "Primary care" includes: (A) Providing or arranging for the provision of primary health care; (B) Maternity care, including prenatal care; (C) Preventive, developmental, and diagnostic services for infants and children; (D) Adult preventive services; (E) Diagnostic laboratory and radiology services; (F) Emergency care for minor trauma; (G) Pharmaceutical services; and (H) Coordination and follow-up for hospital care. (III) "Primary care" may also include optional services based on a patient's needs. Source: L. 2019: Entire section added, (SB 19-228), ch. 276, p. 2603, § 8, effective May 23. Editor's note: Section 20 of chapter 276 (SB 19-228), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after May 23, 2019. PART 2 PROGRAMS ADMINISTERED BY THE DEPARTMENT Cross references: For the legislative declaration contained in the 1993 act enacting this part 2, see section 1 of chapter 230, Session Laws of Colorado 1993. Colorado Revised Statutes 2019 Page 60 of 490 Uncertified Printout 26-1-201. Programs administered - services provided - department of human services. (1) This section specifies the programs to be administered and the services to be provided by the department of human services. These programs and services include the following: (a) Programs related to substance abuse and substance use disorders, as specified in article 80 of title 27; (b) Programs related to alcohol abuse and alcohol use disorders, as specified in article 81 of title 27; (c) Programs related to prevention, education, and treatment for substance abuse and substance use disorders, as specified in article 82 of title 27; (d) Public assistance programs, as specified in article 2 of this title; (e) Protective services for adults at risk of mistreatment or self-neglect, as specified in article 3.1 of this title; (f) Child welfare services, as specified in article 5 of this title; (g) The "Colorado Family Preservation Act", as specified in article 5.5 of this title; (h) The "Child Care Licensing Act", as specified in article 6 of this title; (i) The subsidization of adoption program, as specified in article 7 of this title; (j) The domestic abuse programs, as specified in article 7.5 of this title; (k) The homeless prevention activities program, as specified in article 7.8 of this title; (l) Repealed. (m) Independent living programs, as specified in article 8.1 of this title; (n) The products of the rehabilitation center for the visually impaired program, as specified in article 8.2 of this title; (o) The blind-made products program, as specified in article 8.3 of this title; (p) to (r) Repealed. (s) The "Older Coloradans' Act", as specified in article 11 of this title; (t) The "Colorado Long-term Care Ombudsman Act", as specified in article 11.5 of this title; (u) The state homes for the aged, as specified in article 12 of this title; (v) The "Colorado Child Support Enforcement Act", as specified in article 13 of this title; (w) The "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support", as specified in article 13.5 of this title; (x) Programs for the care and treatment of persons with mental health disorders, as specified in article 65 of title 27; (y) Programs, services, and supports for persons with intellectual and developmental disabilities, as specified in article 10.5 of title 27, C.R.S.; (z) Charges for patients, as set forth in article 92 of title 27, C.R.S.; (aa) The Colorado mental health institute at Pueblo, as specified in article 93 of title 27; (bb) The Colorado mental health institute at Fort Logan, as specified in article 94 of title 27; and (cc) Foster care prevention services, as defined in section 26-5.4-102 (1) and authorized pursuant to the federal "Family First Prevention Services Act". Colorado Revised Statutes 2019 Page 61 of 490 Uncertified Printout Source: L. 93: Entire part added, p. 1118, § 28, effective July 1, 1994. L. 96: (1)(h) amended, p. 267, § 21, effective July 1. L. 97: (1)(m) amended, p. 1172, § 2, effective May 28. L. 2002: (1)(q) and (1)(r) repealed, p. 360, § 18, effective July 1. L. 2006: (1)(d) amended, p. 1993, § 21, effective July 1; (1)(x) amended, p. 1405, § 66, effective August 7. L. 2010: (1)(a), (1)(b), (1)(c), (1)(x), (1)(z), (1)(aa), and (1)(bb) amended, (SB 10-175), ch. 188, p. 802, § 72, effective April 29. L. 2013: (1)(y) amended, (HB 13-1314), ch. 323, p. 1811, § 49, effective March 1, 2014. L. 2015: (1)(l)(II) and (1)(p)(II) added by revision, (SB 15-239), ch. 160, pp. 488, 490, §§ 6, 14. L. 2017: (1)(a), (1)(b), (1)(c), and (1)(x) amended, (SB 17-242), ch. 263, p. 1331, § 215, effective May 25. L. 2019: (1)(aa) and (1)(bb) amended and (1)(cc) added, (HB 191308), ch. 256, p. 2460, § 8, effective August 2. Editor's note: (1) Subsection (1)(l)(II) provided for the repeal of subsection (1)(l), effective July 1, 2016. (See L. 2015, p. 488.) (2) Subsection (1)(p)(II) provided for the repeal of subsection (1)(p), effective July 1, 2016. (See L. 2015, p. 490.) Cross references: (1) For the legislative declaration contained in the 2002 act repealing subsections (1)(q) and (1)(r), see section 1 of chapter 121, Session Laws of Colorado 2002. (2) 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. PART 3 COLORADO TRAUMATIC BRAIN INJURY PROGRAM 26-1-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Board" means the Colorado brain injury trust fund board created pursuant to section 26-1-302. (1.5) (a) "Brain injury" refers to damage to the brain from an internal or external source, including a traumatic injury, that occurs post-birth and is noncongenital, nondegenerative, and nonhereditary, resulting in partial or total functional impairment in one or more areas, including but not limited to attention, memory, reasoning, problem solving, speed of processing, decisionmaking, learning, perception, sensory impairment, speech and language, motor and physical functioning, or psychosocial behavior. (b) Documentation of brain injury must be based on adequate medical history. A brain injury must be of sufficient severity to produce partial or total disability. (2) "Program" means the services provided pursuant to this part 3. (3) (Deleted by amendment, L. 2019.) (4) "Trust fund" means the Colorado brain injury trust fund created in section 26-1-309. Source: L. 2002: Entire section added, p. 1604, § 1, effective January 1, 2003. L. 2003: (3) amended, p. 1998, § 48, effective May 22. L. 2009: IP, (1), and (3) amended, (SB 09-005), Colorado Revised Statutes 2019 Page 62 of 490 Uncertified Printout ch. 135, p. 587, § 1, effective April 20. L. 2019: Entire section amended, (HB 19-1147), ch. 178, p. 2028, § 1, effective August 2. Editor's note: This section was enacted as 26-1-202 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-302. Colorado brain injury trust fund board - creation - powers and duties. (1) There is hereby created the Colorado brain injury trust fund board within the state department of human services. The board shall exercise its powers and duties as if transferred by a type 2 transfer. (2) The board shall be composed of: (a) The executive director of the state department of human services or the executive director's designee; (b) The president of a state brain injury association or alliance or the president's designee, who shall be appointed by the executive director of the state department of human services; (c) The executive director of the department of public health and environment or the executive director's designee; (c.5) At least two persons who have experienced a brain injury and at least one family member of a person with a brain injury, which members the governor shall appoint with the consent of the senate; and (d) No more than seven additional persons with an interest and expertise in the area of brain injury whom the governor shall appoint with the consent of the senate. At a minimum, of the additional seven board members, at least two members must have specific personal or professional experience with traumatic brain injury. The additional board members may include but need not be limited to any combination of the following professions or associations experienced with brain injury: (I) Physicians with experience and strong interest in the provision of care to persons with brain injuries, including but not limited to neurologists, neuropsychiatrists, physiatrists, or other medical doctors who have direct experience working with persons with brain injuries; (II) Social workers, nurses, neuropsychologists, or clinical psychologists who have experience working with persons with brain injuries; (III) Rehabilitation specialists, such as speech pathologists, vocational rehabilitation counselors, occupational therapists, or physical therapists, who have experience working with persons with brain injuries; (IV) Clinical research scientists who have experience evaluating persons with brain injuries; (V) Civilian or military persons with brain injuries or family members of such persons with brain injuries; (VI) Persons whose expertise involves work with children with brain injuries; or (VII) Persons who have experience and specific interest in the needs of and services for persons with brain injuries. (3) Board members shall not be compensated for serving on the board, but may be reimbursed for all reasonable expenses related to such members' work for the board. (4) The terms of appointed board members shall be three years. Colorado Revised Statutes 2019 Page 63 of 490 Uncertified Printout (5) No member may serve more than two consecutive terms. (6) The appointed members of the board shall, to the extent possible, represent rural and urban areas of the state. (7) The board shall annually elect, by majority vote, a chairperson from among the board members who shall act as the presiding officer of the board. (8) (a) The board shall promulgate reasonable policies and procedures pertaining to the operation of the trust fund. (b) The board may contract with entities to provide all or part of the services described in this part 3 for persons with brain injuries. (c) The board may accept and expend gifts, grants, and donations for operation of the program. (d) The board shall use trust fund money collected pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e) to provide direct services to persons with brain injuries, and support research and education to increase awareness and understanding of issues and needs related to brain injury. (8.5) The board may monitor, and, if necessary, implement criteria to ensure that there are no abuses in expenditures, including but not limited to reasonable and equitable provider's fees and services. (9) Articles 4, 5, and 6 of title 25.5, C.R.S., shall not apply to the promulgation of any policies or procedures authorized by subsection (8) of this section. Source: L. 2002: Entire section added, p. 1605, § 1, effective January 1, 2003. L. 2006: (9) amended, p. 2016, § 95, effective July 1. L. 2009: (1), (2), and (8) amended, (SB 09-005), ch. 135, p. 587, § 2, effective April 20. L. 2010: (8)(d) amended, (HB 10-1347), ch. 258, p. 1159, § 7, effective July 1. L. 2019: (1), (2)(b), (2)(c), (2)(d), (4), (8)(b), and (8)(d) amended and (2)(c.5) and (8.5) added, (HB 19-1147), ch. 178, p. 2029, § 2, effective August 2. Editor's note: This section was enacted as 26-1-203 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-303. Administering entity for services for persons with traumatic brain injuries. (Repealed) Source: L. 2002: Entire section added, p. 1606, § 1, effective January 1, 2003. L. 2019: Entire section repealed, (HB 19-1147), ch. 178, p. 2030, § 3, effective August 2. Editor's note: This section was enacted as 26-1-204 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-304. Services for persons with brain injuries - limitations - covered services. (1) The board shall determine the percentage of money credited to the trust fund to be spent annually on service coordination and skills training for persons with brain injuries; however, no less than fifty-five percent of the money annually credited to the trust fund pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e) must be used to provide service coordination and skills training to persons with brain injuries. Colorado Revised Statutes 2019 Page 64 of 490 Uncertified Printout (2) An individual is not required to exhaust all private funds in order to be eligible for the program. Individuals who have continuing health insurance benefits, including but not limited to medical assistance pursuant to articles 4, 5, and 6 of title 25.5, may access the trust fund for services that are necessary but that are not covered by a health benefit plan, as defined in section 10-16-102 (32), or any other funding source. (3) and (4) Repealed. (5) All individuals receiving assistance from the trust fund shall receive service coordination and skills training. In addition to service coordination and skills training, the board shall determine any additional services covered by the trust fund. The board may prioritize the services covered by the trust fund and eligibility for the services while ensuring fidelity to the program's original intent to serve individuals with traumatic brain injuries. Covered services do not include institutionalization, hospitalization, or medication. Source: L. 2002: Entire section added, p. 1607, § 1, effective January 1, 2003. L. 2003: (1) amended, p. 1998, § 49, effective May 22. L. 2004: (3) amended, p. 480, § 2, effective August 4. L. 2006: (2) amended, p. 2016, § 96, effective July 1. L. 2009: (1) amended, (SB 09005), ch. 135, p. 589, § 3, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 258, p. 1160, § 8, effective July 1. L. 2013: (2) amended, (HB 13-1266), ch. 217, p. 993, § 66, effective May 13. L. 2019: (1) and (2) amended, (3) and (4) repealed, and (5) R&RE, (HB 19-1147), ch. 178, p. 2030, § 4, effective August 2. Editor's note: This section was enacted as 26-1-205 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-305. Education about brain injury. The board shall determine the percentage of money credited to the trust fund spent annually on education related to increasing the understanding of brain injury. Source: L. 2002: Entire section added, p. 1608, § 1, effective January 1, 2003. L. 2003: Entire section amended, p. 1998, § 50, effective May 22. L. 2009: Entire section amended, (SB 09-005), ch. 135, p. 590, § 4, effective April 20; entire section amended, (SB 09-292), ch. 369, p. 1986, § 131, effective August 5. L. 2010: Entire section amended, (HB 10-1347), ch. 258, p. 1160, § 9, effective July 1. L. 2019: Entire section amended, (HB 19-1147), ch. 178, p. 2031, § 5, effective August 2. Editor's note: This section was enacted as 26-1-206 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-306. Research related to treatment of brain injuries - grants. (1) The board shall determine the percentage of money credited to the trust fund to be spent annually to support research related to the treatment and understanding of brain injuries. The board shall prioritize research related to traumatic brain injuries. (2) The board shall award grants. Persons interested in a grant shall apply to the board in a manner prescribed by the board. The board may consult with educational institutions or other Colorado Revised Statutes 2019 Page 65 of 490 Uncertified Printout private institutions within Colorado and nationally regarding the merit of an application for a grant. The board shall determine the time frames and administration of the grant program. Source: L. 2002: Entire section added, p. 1608, § 1, effective January 1, 2003. L. 2003: (1) amended, p. 1998, § 51, effective May 22. L. 2009: (1) amended, (SB 09-005), ch. 135, p. 590, § 5, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 258, p. 1160, § 10, effective July 1. L. 2019: (1) amended, (HB 19-1147), ch. 178, p. 2031, § 6, effective August 2. Editor's note: This section was enacted as 26-1-207 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-307. Administrative costs. The administrative expenses of the board and the state department are paid from money in the trust fund. Source: L. 2002: Entire section added, p. 1608, § 1, effective January 1, 2003. L. 2009: Entire section amended, (SB 09-005), ch. 135, p. 590, § 6, effective April 20. L. 2019: Entire section amended, (HB 19-1147), ch. 178, p. 2032, § 7, effective August 2. Editor's note: This section was enacted as 26-1-208 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-308. General fund moneys. (Repealed) Source: L. 2002: Entire section added, p. 1608, § 1, effective January 1, 2003. L. 2019: Entire section repealed, (HB 19-1147), ch. 178, p. 2032, § 8, effective August 2. Editor's note: This section was enacted as 26-1-209 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-309. Trust fund. (1) There is hereby created in the state treasury the Colorado brain injury trust fund. The trust fund consists of any money collected from surcharges assessed pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e); gifts, grants, or donations; and any other money that the general assembly may appropriate or transfer to the trust fund. Subject to annual appropriation by the general assembly, the board may expend money in the trust fund for the direct and indirect costs associated with the implementation of this part 3. (2) The board may seek, accept, and expend gifts, grants, or donations, from private or public sources for purposes of this part 3. The board shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the trust fund. (3) The trust fund is a continuing trust fund. All interest earned upon money in the trust fund and deposited or invested may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the trust fund to the trust fund. (4) The trust fund revenue and its reserves shall be used solely for the purposes and in the manner described in sections 26-1-304 to 26-1-307. Colorado Revised Statutes 2019 Page 66 of 490 Uncertified Printout (5) All unexpended and unencumbered moneys remaining in the trust fund shall remain in the trust fund. Source: L. 2002: Entire section added, p. 1609, § 1, effective January 1, 2003. L. 2003: (1) amended, p. 1999, § 52, effective May 22. L. 2009: (1) amended and (4) and (5) added, (SB 09-005), ch. 135, p. 590, § 7, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 258, p. 1160, § 11, effective July 1. L. 2019: (1), (2), and (3) amended, (HB 19-1147), ch. 178, p. 2032, § 9, effective August 2. Editor's note: This section was enacted as 26-1-210 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-310. Reports to the general assembly. Notwithstanding section 24-1-136 (11)(a)(I), on September 1, 2009, and each September 1 thereafter, the board shall provide a report to the joint budget committee and the public health care and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, on the operations of the trust fund, the money expended, the number of individuals with brain injuries offered services, the research grants awarded and the progress on such grants, and the educational information provided pursuant to this article 1. Source: L. 2002: Entire section added, p. 1609, § 1, effective July 1, 2003. L. 2003: Entire section amended, p. 2009, § 91, effective May 22. L. 2007: Entire section amended, p. 2043, § 75, effective June 1. L. 2009: Entire section amended, (SB 09-005), ch. 135, p. 591, § 8, effective April 20. L. 2017: Entire section amended, (SB 17-234), ch. 154, p. 521, § 8, effective August 9. L. 2019: Entire section amended, (HB 19-1147), ch. 178, p. 2032, § 10, effective August 2. Editor's note: This section was enacted as 26-1-211 in House Bill 02-1281 but was renumbered on revision for ease of location. 26-1-311. Repeal. (Repealed) Source: L. 2002: Entire section added, p. 1609, § 1, effective January 1, 2003. L. 2009: Entire section repealed, (SB 09-005), ch. 135, p. 591, § 9, effective April 20. Editor's note: This section was enacted as 26-1-212 in House Bill 02-1281 but was renumbered on revision for ease of location. PART 4 AUTISM COMMISSION 26-1-401 to 26-1-405. (Repealed) Colorado Revised Statutes 2019 Page 67 of 490 Uncertified Printout Editor's note: (1) This part 4 was added in 2008 and was not amended prior to its repeal in 2010. For the text of this part 4 prior to 2010, consult the 2009 Colorado Revised Statutes. (2) Section 26-1-405 provided for the repeal of this part 4, effective July 1, 2010. (See L. 2008, p. 408.) PART 5 TASK FORCE ON CHILDREN CONCEIVED BY RAPE 26-1-501. (Repealed) Editor's note: (1) This part 5 was added in 2013 and was not amended prior to its repeal in 2014. For the text of this part 5 prior to 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 26-1-501 provided for the repeal of this part 5, effective January 1, 2014. (See L. 2013, p. 2062.) PART 6 RESPITE CARE TASK FORCE 26-1-601 to 26-1-604. (Repealed) Editor's note: (1) This part 6 was added in 2015 and was not amended prior to its repeal in 2016. For the text of this part 6 prior to 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 26-1-604 provided for the repeal of this part 6, effective July 1, 2016. (See L. 2015, p. 891.) PART 7 RESPITE CARE 26-1-701. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) On January 29, 2016, the respite care task force, created in section 26-1-601, completed a report with recommendations that was presented to the general assembly; (b) The implementation of the recommendations would benefit those in need of respite care throughout the life span of those in need of care; (c) It is widely recognized that caregivers often work twenty-four hours per day, seven days per week to provide services and may lack support and tools to live their best lives; (d) Caregivers need access to quality and competent respite care; and Colorado Revised Statutes 2019 Page 68 of 490 Uncertified Printout (e) Caregivers need to trust and depend upon individuals providing respite care services. (2) Therefore, it is the intent of the general assembly to allocate state funds to implement recommendations of the respite care task force. Source: L. 2016: Entire part added, (HB 16-1398), ch. 305, p. 1227, § 1, effective July 1. 26-1-702. Duties of the state department - contract to implement program reporting requirement. (1) The state department shall use a competitive request-for-proposal process to select an entity to contract with to implement recommendations of the respite care task force created in section 26-1-601. The contract with the selected entity shall end thirty days after the fourth anniversary of the date of the receipt of the contract. In order to be eligible for the contract to implement the recommendations, the entity must serve individuals affected by a disability or a chronic condition across the life span by providing and coordinating respite care and must currently have a presence in Colorado. The state department shall contract with the entity selected to implement the recommendations of the respite care task force and to carry out the responsibilities described in subsection (2) of this section. The selected entity should consult with organizations throughout the state as it works to implement the task force recommendations. The selected entity may subcontract with community partners, but, if it does so, shall identify any such subcontracting in the proposal provided to the department. (2) The entity selected to implement the recommendations of the respite care task force shall: (a) Ensure that a study is conducted to demonstrate the economic impact of respite care and its benefits for those served. The study should: (I) Provide an analysis of the populations that are caregivers and the differences between those who do and do not use respite care services, including impact on caregivers; (II) Identify existing data and areas where additional data could be collected from the department of health care policy and financing and other respite care sources to examine respite care utilization and the need for support; (III) Show the impact of funds spent on respite care versus funds saved in health care; (IV) Use a consistent evaluation tool to assess the waiver respite care programs and all Colorado respite care programs; and (V) Identify data points that the Colorado respite coalition can use to collect additional complementary data from caregivers using respite care services and improve evaluation for agencies to show the effect of respite care on caregivers, identify varied needs across programs and geographic areas, and demonstrate cost savings of respite care versus institutionalization and hospitalization; (b) Create an up-to-date, online inventory of existing training opportunities for providing respite care along with information on how to become a respite care provider. This inventory shall be designed so that it can be updated over time as additional training options become available. This task shall be prioritized to occur early in the period covered by the contract. (c) Develop a more robust statewide training system for individuals wishing to provide respite care. In doing so, the selected entity should work in partnership with nonprofits serving families in need of respite and with interested institutions of higher education. Over time, the statewide training system should ensure that: (I) Training is available in multiple settings and formats; Colorado Revised Statutes 2019 Page 69 of 490 Uncertified Printout (II) Core training elements are based on national models, use a person-centered approach, address core competencies, and are evidence-based or evidence-informed; (III) Multi-tiered training is available that recognizes there are different levels of care that may be required; and (IV) Training is available for primary caregivers. (d) Ensure that a designated website is available to provide comprehensive information about respite care in Colorado and to serve as an access point for services throughout the state; (e) Develop a centralized community outreach and education program about respite care services in Colorado that includes funding for start-up and outreach costs and ongoing activities, paid staff or contractors, and the leveraging of existing resources to support the design and dissemination of messaging and marketing materials; (f) Work with the department of health care policy and financing to standardize the full continuum of respite care options across all Medicaid waivers; and (g) Work with the state department, the department of health care policy and financing, and the department of public health and environment to streamline the regulatory requirements for facility-based, short-term, overnight respite care. (3) On and after the first anniversary of the date that the contract is awarded, the state department shall include in its presentation to the legislative committees of reference as required by section 2-7-203, C.R.S., the progress of the selected entity in implementing this part 7. Source: L. 2016: Entire part added, (HB 16-1398), ch. 305, p. 1228, § 1, effective July 1. 26-1-703. Respite care task force fund - creation. (1) There is hereby created in the state treasury the respite care task force fund, referred to in this section as the "fund", to provide money to the state department for the request-for-proposal process pursuant to section 26-1-702. The fund consists of any money appropriated by the general assembly to the fund and any gifts, grants, and donations to the fund from private or public sources for the purposes of this article. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund. Money in the fund shall be continuously appropriated by the general assembly to the state department for the purposes specified in this part 7. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund or any other fund. (2) On July 1, 2016, the state treasurer shall transfer nine hundred thousand dollars from the intellectual and developmental disabilities services cash fund created in section 25.5-10-207, C.R.S., to the general fund for the purposes of this part 7. The state department may not use more than three percent of the money for administrative costs. Source: L. 2016: Entire part added, (HB 16-1398), ch. 305, p. 1230, § 1, effective July 1. ARTICLE 2 Public Assistance Colorado Revised Statutes 2019 Page 70 of 490 Uncertified Printout Editor's note: This article was numbered as article 3 of chapter 119, C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. PART 1 COLORADO PUBLIC ASSISTANCE ACT Law reviews: For article, "Trust Protection of Personal Injury Recoveries from Public Creditors", see 19 Colo. Law. 2187 (1990). 26-2-101. Short title. This article shall be known and may be cited as the "Colorado Public Assistance Act". Source: L. 73: R&RE, p. 1178, § 2. C.R.S. 1963: § 119-3-1. 26-2-102. Legislative declaration. It is the purpose of this article to promote the public health and welfare of the people of Colorado by providing, in cooperation with the federal government or independently, public assistance for needy individuals and families who are residents of the state and whose income and property are insufficient to meet the costs of necessary maintenance and services as determined by the state department and to assist such individuals and families to attain or retain their capabilities for independence, self-care, and selfsupport, as contemplated by article XXIV of the state constitution and the provisions of the social security act and the food stamp act. The state of Colorado and its various departments, agencies, and political subdivisions are authorized to promote and achieve these ends by any appropriate lawful means through cooperation with and utilization of available resources of the federal government and private individuals and organizations. Source: L. 73: R&RE, p. 1178, § 2. C.R.S. 1963: § 119-3-2. L. 75: Entire section amended, p. 889, § 3, effective July 28. L. 79: Entire section amended, p. 1085, § 10, effective July 1. 26-2-102.5. Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules. (1) Eligibility of a child for Title IV-E foster care shall be based on the aid to families with dependent children (AFDC) rules in effect on July 16, 1996. (2) Such child must meet all of the following conditions: (a) The placement and care of such child are the responsibility of the state department of human services or a county department of human or social services; (b) Such child has been placed in a foster home or child care institution as a result of a judicial determination or voluntary placement agreement; (c) Such child: (I) Would have received aid in or for the month in which such agreement or court proceedings resulting in such judicial determination were initiated; or Colorado Revised Statutes 2019 Page 71 of 490 Uncertified Printout (II) Would have received the aid described in subparagraph (I) of this paragraph (c) if application had been made therefor; or (III) Had been living with a relative within the six months prior to the month in which such agreement or court proceedings resulting in such judicial determination were initiated, and such child would have received the aid described in subparagraph (I) of this paragraph (c) if in such month he or she had been living with such relative and application therefor had been made. (3) (a) The state department shall pursue claiming Title IV-E administrative costs for independent legal representation by an attorney for a child who is a candidate for Title IV-E foster care or who is in foster care and the child's parent to prepare for and participate in all stages of foster care legal proceedings. Federal reimbursement for these administrative costs must be credited to the Title IV-E administrative cost cash fund, created in subsection (3)(b) of this section. (b) (I) The Title IV-E administrative cost cash fund, referred to in this subsection (3) as the "fund", is hereby created in the state treasury. The fund consists of federal Title IV-E reimbursements for administrative costs described in subsection (3)(a) of this section. (II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (III) Subject to annual appropriation by the general assembly, the state department may expend money from the fund for purposes established by rule of the state board. The state board shall work collaboratively with the state department concerning the approved purposes and allocation of money from the fund. Approved purposes may include but are not limited to advocacy for homeless and at-risk youth, education advocacy, and activities and advocacy in specialty courts that serve children and families involved in the child welfare system. (IV) The state department shall submit as part of the annual budget process a request for spending authority for money credited to the fund. The request must include a description of the purpose for the spending authority, the method through which the allocation was determined, and the agencies to which the allocations are to be made. (V) Federal reimbursements related to administrative costs of independent legal representation incurred by the office of the child's representative and the office of respondent parents' counsel must be disbursed from the fund to the agencies as incurred and pursuant to the state department's memorandum of understanding with the agencies. Source: L. 97: Entire section added, p. 1228, § 12, effective July 1. L. 2001: Entire section amended, p. 742, § 8, effective June 1; entire section amended, p. 752, § 2, effective June 1. L. 2008: (1) amended, p. 1910, § 111, effective August 5. L. 2010: (1) amended, (HB 101043), ch. 92, p. 315, § 7, effective April 15. L. 2018: IP(2) and (2)(a) amended, (SB 18-092), ch. 38, p. 446, § 116, effective August 8. L. 2019: (3) added, (SB 19-258), ch. 257, p. 2463, § 1, effective May 23. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-2-103. Definitions. As used in this article 2 and article 1 of this title 26, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 72 of 490 Uncertified Printout (1) "Applicant" means any individual or family who individually or through a designated representative or someone acting responsibly for him has applied for benefits under the programs of public assistance administered or supervised by the state department pursuant to the provisions of this article. (1.5) Repealed. (2) "Assistance payments" means financial assistance (other than medical assistance covered by the "Colorado Medical Assistance Act") provided pursuant to rules and regulations adopted by the state department and includes pensions, grants, and other money payments to or on behalf of recipients. (3) "Blind" means any individual who has not more than ten percent visual acuity in the better eye with correction, or not more than 20/200 central visual acuity in the better eye with correction, or a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees. (4) "Dependent child" means: (a) A needy child under the age of eighteen who has been deprived of parental support or care by reason of the death, the continued absence from the home, the physical or mental incapacity, or the unemployment of a parent, as determined under standards prescribed by the state department through rules and regulations, and who is living with a person related to such child within the fifth degree in a place of residence maintained by one or more of such relatives as his, her, or their own home, and whose relatives or other person liable under the law for the child's support are not able to provide adequate care and support of such child without assistance payments under a program for aid to families with dependent children; or (b) A needy child who would meet the requirements of paragraph (a) of this subsection (4) except for his removal from a home of a relative specified in said paragraph (a) by a judicial determination that continued residence in such home would be contrary to the best interests of such child, when all of the following conditions are present: (I) The placement and care of such child are the responsibility of the state department or a county department; (II) Such child has been placed in a foster care home or child care institution as a result of such judicial determination; (III) Assistance payments for such child were received under this article in or for the month in which court proceedings leading to such determination were initiated, or such payments would have been received for such month if application had been made therefor, or, in the case of a child who had been living with a relative specified in paragraph (a) of this subsection (4) within six months prior to the month in which such proceedings were initiated, such payments would have been received in or for such month if in such month he had been living with and removed from the home of such relative and application had been made therefor; or (c) A person otherwise meeting the requirements of paragraph (a) of this subsection (4) who is under the age of nineteen years and a full-time student in regular attendance at a secondary school or enrolled in an equivalent level of vocational or technical training designed to train him for gainful employment and who is reasonably expected to complete the program of such secondary school or such technical or vocational training before reaching the age of nineteen. Colorado Revised Statutes 2019 Page 73 of 490 Uncertified Printout (5) "Essential person" means a person who resides with a recipient of assistance payments under a program for aid to the blind or aid to the needy disabled and, pursuant to rules and regulations adopted by the state department, is determined to be rendering a service to the recipient which, if the recipient were living alone, would have to be provided for him. (5.5) (Deleted by amendment, L. 97, p. 1230, § 14, effective July 1, 1997.) (5.7) "Legal immigrant" means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the immigration and naturalization service, or any successor agency, as an actual or prospective permanent resident or whose extended physical presence in the United States is known to and allowed by the immigration and naturalization service, or any successor agency. (6) (Deleted by amendment, L. 2006, p. 1504, § 47, effective June 1, 2006.) (7) "Public assistance" means assistance payments, food stamps, and social services provided to or on behalf of eligible recipients through programs administered or supervised by the state department, either in cooperation with the federal government or independently without federal aid, pursuant to the provisions of this article. Public assistance includes programs for old age pensions except for the old age pension health and medical care program, and also includes the Colorado works program, aid to the needy disabled, aid to the blind, child welfare services, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121, and funeral and burial expenses as defined in section 26-2-129. (7.5) "Qualified alien" shall have the meaning ascribed to that term in section 431 (b) of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, as amended. (8) "Recipient" means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of this article. (9) "Resident" means any individual who is living, other than temporarily, within the state of Colorado, or a particular county therein, voluntarily and with the intention of making his home there. "Resident" includes any unemancipated child whose parents, or other person entitled to custody, live within such state or county. Temporary absences from such state or county shall not cause an individual to lose his status as a resident if he has an intent to return and has not abandoned his residence. (10) "Social security act" means the federal "Social Security Act" and amendments thereto. (11) (a) "Social services" means services and payments for services available, directly or indirectly, through the staff of the state department of human services and county departments of human or social services or through state designated agencies, where applicable, for the benefit of eligible persons. The services are provided pursuant to rules adopted by the state board. "Social services" may include day care, homemaker services, foster care, and other services to individuals or families for the purpose of attaining or retaining capabilities for maximum selfcare, self-support, and personal independence and services to families or members of families for the purpose of preserving, rehabilitating, reuniting, or strengthening the family. At such time as Title XX of the social security act becomes effective with respect to federal reimbursements, "social services" may include child care services, protective services for children and adults, Colorado Revised Statutes 2019 Page 74 of 490 Uncertified Printout services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services, and appropriate combinations of services designed to meet the special needs of children, persons who are elderly, persons with intellectual and developmental disabilities, persons who are blind, persons with behavioral or mental health disorders, persons with a physical disability, and persons with substance use disorders. (b) "Social services" does not include medicaid services unless those services are delegated to the state department. "Social services" does not include medical services covered by the old age pension health and medical care program, the children's basic health plan, or the Colorado indigent care program. (12) and (13) Repealed. (14) (a) "Total disability", for the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act, means a physical or mental impairment which is disabling and which, because of other factors such as age, training, experience, and social setting, substantially precludes the person having such disability from engaging in a useful occupation as a homemaker or as a wage earner in any employment which exists in the community for which he has competence. (b) For the purpose of the state-funded supplement to persons receiving federal financial benefits pursuant to Title XVI of the social security act, federal definitions promulgated pursuant to the said Title XVI shall apply. Source: L. 73: R&RE, p. 1178, § 2. C.R.S. 1963: § 119-3-3. L. 75: (11) amended, p. 898, § 1, effective June 26; (6) amended, p. 889, § 4, effective July 28. L. 77: (6) amended, p. 1343, § 1, effective May 26; (1.5), (12), and (13) added, p. 1339, § 2, effective July 1. L. 79: (7) amended, p. 1086, § 11, effective July 1. L. 82: (4)(c) amended, p. 426, § 1, effective July 1. L. 84: (4)(a) amended, p. 793, § 1, effective March 1, 1985. L. 85: (13) amended, p. 348, § 2, effective April 5. L. 89, 1st Ex. Sess.: (1.5), (12), and (13) amended and (5.5) added, p. 38, § 4, effective July 25. L. 90: (4)(a) amended, p. 1358, § 1, effective October 1. L. 91: (11) amended, p. 1896, § 7, effective July 1. L. 93: (11) amended, p. 1665, § 74, effective July 1. L. 94: (4)(a) amended, p. 451, § 1, effective March 29; (11) amended, p. 2703, § 260, effective July 1. L. 97: (5.5) and (7) amended, p. 1230, § 14, effective July 1; (5.7) and (7.5) added, p. 1251, § 1, effective July 1. L. 2003: (7) and (11) amended, p. 2585, § 8, effective July 1. L. 2006: (6) amended and (14) added, p. 1504, § 47, effective June 1; (11) amended, p. 1996, § 26, effective July 1. L. 2011: (5.7) amended, (HB 11-1303), ch. 264, p. 1169, § 71, effective August 10; (7) and (11)(b) amended, (SB 11-210), ch. 187, p. 722, § 10, effective July 15, 2012. L. 2017: IP and (11)(a) amended, (HB 17-1046), ch. 50, p. 160, § 15, effective March 16; (11)(a) amended, (SB 17-242), ch. 263, p. 1332, § 216, effective May 25. Editor's note: (1) Title XX of the social security act became effective with respect to federal reimbursements on October 1, 1975. (2) Subsection (12)(b) provided for the repeal of subsection (12), effective January 1, 1990. (See L. 89, 1st Ex. Sess., p. 38.) Subsections (1.5)(b) and (13)(b) provided for the repeal of Colorado Revised Statutes 2019 Page 75 of 490 Uncertified Printout subsections (1.5) and (13), respectively, effective October 1, 1992. (See L. 89, 1st Ex. Sess., p. 38.) Cross references: (1) (a) For the legislative declaration contained in the 1994 act amending subsection (11), see section 1 of chapter 345, Session Laws of Colorado 1994. (b) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. (2) For the "Colorado Medical Assistance Act", see articles 4, 5, and 6 of title 25.5. 26-2-104. Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules. (1) (a) The state department is hereby designated as the single state agency to administer or supervise the administration of public assistance programs in this state in cooperation with the federal government pursuant to the social security act and this article. The state department shall establish public assistance programs consisting of assistance payments and social services to be made available to eligible individuals, including but not limited to old age pensions, the Colorado works program, aid to the needy disabled, and aid to the blind. (b) The state department may review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for public assistance. The state department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the state department that the action or delay in taking action was a violation of or contrary to state department rules, make such decision as to the granting of assistance payments and the amount thereof as in its opinion is justifiable pursuant to the provisions of this article and the rules of the state department. Applicants or recipients affected by such decisions of the state department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the state department. (2) (a) (I) The state department is authorized to implement an electronic benefits transfer service for administering the delivery of public assistance payments and food stamps to recipients. The electronic benefits transfer service shall be designed to allow clients access to cash benefits through automated teller machines or similar electronic technology. The electronic benefits transfer service allows clients eligible for food stamps access to food items through the use of point-of-sale terminals at retail outlets. (II) Only those businesses that offer products or services related to the purpose of the public assistance benefits are allowed to participate in the electronic benefits transfer service through the use of point-of-sale terminals. Clients shall not be allowed to access cash benefits through the electronic benefits transfer service from automated teller machines in this state located in: (A) Licensed gaming establishments as defined in section 44-30-103 (18), in-state simulcast facilities as defined in section 44-32-102 (11), tracks for racing as defined in section 44-32-102 (24), or commercial bingo facilities as defined in section 24-21-602 (11); (B) Stores or establishments in which the principal business is the sale of firearms; Colorado Revised Statutes 2019 Page 76 of 490 Uncertified Printout (C) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44; except that the prohibition in this subsection (2)(a)(II)(C) does not apply to establishments licensed as liquor-licensed drugstores under section 44-3-410; (D) [Editor's note: This version of subsection (2)(a)(II)(D) is effective until January 1, 2020.] Establishments licensed to sell medical marijuana or medical marijuana-infused products pursuant to article 11 of title 44 or retail marijuana or retail marijuana products pursuant to article 12 of title 44; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015; or (D) [Editor's note: This version of subsection (2)(a)(II)(D) is effective January 1, 2020.] Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015; or (E) Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015. (II.5) As soon as possible after May 1, 2015, the state department shall notify the establishments described in sub-subparagraphs (D) and (E) of subparagraph (II) of this paragraph (a) of the prohibition contained in those sub-subparagraphs. (III) In the development and implementation of the service, the state department shall consult with representatives of those persons, agencies, and organizations that will use or be affected by the electronic benefits transfer service, including program clients, to assure that the service is as workable, effective, and efficient as possible. The electronic benefits transfer service is applicable to the public assistance programs described in subsection (1) of this section and to food stamps as described in part 3 of this article 2. The state department shall contract in accordance with state purchasing requirements with any entity for the development and administration of the electronic benefits transfer service. In order to ensure the integrity of the electronic benefits transfer service, the system developed pursuant to this section must use, but is not limited to, security measures such as individual personal identification numbers, photo identification, or fingerprint identification. The security method or methods selected must be those that are most efficient and effective. The state board shall establish by rule a policy and procedure to limit losses to a client after the client reports that the electronic benefits transfer card or benefits have been lost or stolen. The state department may authorize county departments of human or social services to charge a fee to a client to cover the costs related to issuing a replacement electronic benefits transfer card. (IV) When the owner of an automated teller machine located in an establishment described in subparagraph (II) of this paragraph (a) moves the machine to a location not so described, the owner shall reprogram the machine to allow public assistance recipients to access the machine. (b) The state board is authorized to promulgate rules necessary to implement and administer the electronic benefits transfer service created in this subsection (2). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S. (c) The state department is authorized to request federal waivers as necessary to administer the electronic benefits transfer service. (d) to (f) Repealed. Colorado Revised Statutes 2019 Page 77 of 490 Uncertified Printout (g) On or before January 1, 2016, the state department shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to enforce the prohibition of clients accessing benefits at an automated teller machine located in an establishment described in paragraph (a) of this subsection (2) or any other establishment in which a client is prohibited from accessing benefits by federal law. The rules must include increasing penalties for multiple violations. (h) (I) On or before January 1, 2016, the department of revenue shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, that relate to a client's use of automated teller machines at locations where the use is prohibited. The rules must apply to the following establishments: (A) Licensed gaming establishments as defined in section 44-30-103 (18); in-state simulcast facilities as defined in section 44-32-102 (11); and tracks for racing as defined in section 44-32-102 (24); (B) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44, excluding establishments licensed as liquor-licensed drugstores under section 44-3-410; (C) [Editor's note: This version of subsection (2)(h)(I)(C) is effective until January 1, 2020.] Establishments licensed to sell medical marijuana or medical marijuana-infused products pursuant to article 11 of title 44 or retail marijuana or retail marijuana-infused products pursuant to article 10 of title 44; and (C) [Editor's note: This version of subsection (2)(h)(I)(C) is effective January 1, 2020.] Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; and (D) Any other establishments regulated by the department of revenue at which a client is prohibited from accessing public benefits pursuant to federal law. (II) The rules adopted pursuant to subparagraph (I) of this paragraph (h) must include: (A) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located post a sign on or near the automated teller machine notifying clients that this section prohibits the use of an electronic benefits service transfer card at the machine. The sign must contain the following statement: The use of an electronic benefits transfer service ("EBT") card to access public benefits at this machine is prohibited by Colorado law, section 26-2-104, Colorado Revised Statutes. (B) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located take measures to prevent a client from using an electronic benefits transfer service card to access moneys from such an automated teller machine; (C) Methods to enforce the requirement of sub-subparagraph (B) of this subparagraph (II) against the operator of the establishment including increasing penalties for multiple violations; and (D) A provision that any establishment described in subparagraph (I) of this paragraph (h) is exempt from the requirements of the rules adopted pursuant to sub-subparagraphs (A) to (C) of this subparagraph (II) if the establishment provides to the department of revenue a statement from the owner or operator of each automated teller machine located within the establishment verifying that the machine does not accept electronic benefits transfer service Colorado Revised Statutes 2019 Page 78 of 490 Uncertified Printout cards; except that, if one or more violations of subparagraph (II) of paragraph (a) of this subsection (2) occur at any such establishment, the department of revenue may take measures to prevent future violations, including increasing penalties for multiple violations, not to exceed one hundred dollars per violation. Source: L. 73: R&RE, p. 1180, § 2. C.R.S. 1963: § 119-3-4. L. 95: Entire section amended, p. 593, § 3, effective May 22. L. 96: (2) amended, p. 138, § 1, effective April 2. L. 97: (1) amended, p. 1230, § 15, effective July 1; (1) amended, p. 1320, § 3, effective July 1; (2)(a) amended, p. 303, § 17, effective July 1. L. 98: (2)(a) amended, p. 80, § 1, effective March 23. L. 2003: (2)(d) added, p. 1593, § 1, effective May 2. L. 2005: (2)(d) repealed, p. 568, § 1, effective July 1. L. 2006: (2)(e) added, p. 336, § 1, effective April 4. L. 2015: (2)(a) amended, (SB 15065), ch. 148, p. 445, § 2, effective May 1; (2)(f), (2)(g), and (2)(h) added, (HB 15-1255), ch. 149, pp. 448, 450, §§ 1, 3, effective May 1. L. 2016: (2)(h)(II)(B) and (2)(h)(II)(D) amended, (SB 16-189), ch. 210, p. 774, § 70, effective June 6. L. 2017: (2)(a)(II)(C), IP(2)(h)(I), and (2)(h)(I)(B) amended, (HB 17-1365), ch. 383, p. 1991, § 1, effective August 9; (2)(f) amended, (SB 17-234), ch. 154, p. 522, § 9, effective August 9; (2)(f) amended, (HB 17-1137), ch. 45, p. 134, § 5, effective August 9. L. 2018: (2)(a)(III) amended, (SB 18-092), ch. 38, p. 447, § 117, effective August 8; (2)(a)(II)(A), IP(2)(h)(I), and (2)(h)(I)(A) amended, (SB 18-034), ch. 14, p. 249, § 43, effective October 1; (2)(a)(II)(D) and (2)(h)(I)(C) amended, (HB 18-1023), ch. 55, p. 590, § 21, effective October 1; (2)(a)(II)(A) amended, (HB 18-1024), ch. 26, p. 323, § 18, effective October 1; (2)(a)(II)(C) and (2)(h)(I)(B) amended, (HB 18-1025), ch. 152, p. 1080, § 14, effective October 1. L. 2019: (2)(a)(II)(D) and (2)(h)(I)(C) amended, (SB 19-224), ch. 315, p. 2941, § 27, effective January 1, 2020. Editor's note: (1) Amendments to subsection (1) by House Bill 97-1344 and Senate Bill 97-120 were harmonized. (2) Subsection (2)(e)(II) provided for the repeal of subsection (2)(e), effective January 1, 2007. (See L. 2006, p. 336.) (3) Section 4 of chapter 149 (HB 15-1255), Session Laws of Colorado 2015, provides that subsection (2)(h) takes effect only if SB 15-065 becomes law. SB 15-065 became law and took effect May 1, 2015. (4) Amendments to subsection (2)(a)(II)(A) by SB 18-034 and HB 18-1024 were harmonized. (5) Subsection (2)(f)(II) provided for the repeal of subsection (2)(f), effective January 2, 2019. (See L. 2017, p. 522.) Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 1 of chapter 161, Session Laws of Colorado 1995. For the legislative declaration in SB 15-065, see section 1 of chapter 148, Session Laws of Colorado 2015. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-2-105. Federal requirements. Nothing in this article shall be construed to prevent the state department from complying with federal requirements for public assistance programs expressly provided by law in order for the state of Colorado to qualify for federal funds under Colorado Revised Statutes 2019 Page 79 of 490 Uncertified Printout the social security act and to maintain said programs within the limits of available appropriations. Source: L. 73: R&RE, p. 1180, § 2. C.R.S. 1963: § 119-3-5. 26-2-106. Applications for public assistance. (1) Any individual wishing to make application for any of the public assistance programs administered or supervised by the state department under this article shall have the opportunity to do so, and, except as otherwise provided in part 7 of this article, such public assistance shall be furnished with reasonable promptness to each eligible individual in accordance with rules of the state department. The county department shall consider an application for public assistance to be for any category of public assistance for which the applicant may be eligible. (1.5) All applications for public assistance shall contain the citizenship of the applicant, the number of years the applicant has resided in the United States, and, if the applicant is an alien, the name and the social security number or federal tax number of the person, or persons or organization, if any, who sponsored the applicant's entry into the United States. (2) The rules of the state department may provide for a simplified application in order that public assistance may be furnished to eligible persons as soon as possible and shall provide adequate safeguards and controls to insure that only eligible persons receive public assistance under this article. (3) Applications and requests for public assistance under this article shall be made to the county department of the county or the state designated agency, where applicable, for the county in which the applicant is a resident. The state department by its rules shall prescribe the form and procedure for applications or requests for social services. The application for assistance payments shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department, shall contain the name, age, and residence of the applicant, the category or type of assistance payments sought, a statement of the amount of property, both real and personal, in which the applicant has an interest and of all income which he or she may have at the time of the filing of the application, and such other information as may be required by rules of the state department, and shall be verified by the signature of the applicant or his or her legally appointed guardian. In addition, an applicant who is eighteen years of age or older shall be required to supply a form of personal photographic identification either by providing a valid Colorado driver's license or a valid identification card issued by the department of revenue pursuant to section 42-2-302, C.R.S. The state department may adopt rules that exempt applicants from the requirement of supplying a form of personal photographic identification if such requirement causes an unreasonable hardship or if such requirement is in conflict with federal law. The state department shall also adopt rules that allow for assistance to be provided on an emergency basis until the applicant is able to obtain or to qualify for a driver's license or identification card; however, a county department is not required to recover emergency assistance from an applicant who fails, upon recertification, to meet the photographic identification requirement. (4) (a) (Deleted by amendment, L. 97, p. 1230, § 16, effective July 1, 1997.) (b) If the public assistance sought is aid to the needy disabled or aid to the blind, the application shall be signed by the applicant and his natural guardian or legally appointed guardian, if any. Colorado Revised Statutes 2019 Page 80 of 490 Uncertified Printout (5) For the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act: (a) No application for aid to the blind shall be approved until the applicant has been examined by an ophthalmologist duly licensed to practice in this state and actively engaged in the treatment of diseases of the human eye or by an optometrist duly licensed to practice in this state. The examining ophthalmologist or optometrist shall certify in writing upon forms prescribed by the state department as to diagnosis, prognosis, and visual acuity of the applicant. (b) Determination of blindness shall be made by the county department in accordance with the provisions of section 26-2-103 (3) and state department rules and regulations. (c) The county department shall fix the fees to be paid for examination of applicants for and reexamination of recipients of aid to the blind. Such fees shall be allowed and paid to the vendor in the same manner as assistance payments under the program for aid to the blind, pursuant to the rules and regulations of the state department. Payments to such vendors shall be subject to reimbursement by the state in the same manner as said assistance payments for aid to the blind. (6) (a) An application for aid to the needy disabled must not be approved until the applicant's medical condition has been certified by a physician licensed to practice medicine in this state, a physician assistant licensed in this state, or an advanced practice nurse licensed in this state. In addition to a physician, an applicant may be examined by a physician assistant licensed in this state, an advanced practice nurse, a registered nurse licensed in this state who is functioning within the scope of the nurse's license and training, a licensed psychologist, or any other licensed health care personnel the state department deems appropriate. The person who conducted the examination shall certify in writing upon forms prescribed by the state department as to the diagnosis, prognosis, and other relevant medical or mental factors relating to the applicant's disability. An applicant who is disabled as a result of a primary diagnosis of an alcohol use disorder or a substance use disorder related to controlled substances must not be approved for aid to the needy disabled except as provided in section 26-2-111 (4)(e). (b) Determination of the existence of total disability shall be made by the county department after consideration of the factors under the provisions of section 26-2-103 (14) and on the basis of the medical examination or from medical and social data collected and verified by the county departments under the rules and regulations of the state department. (c) The county department shall fix the fees to be paid to competent medical personnel for examination of applicants for and reexamination of recipients of aid to the needy disabled and for special medical examinations when deemed necessary by the state department pursuant to rules and regulations of the state department. Such fees shall be allowed and paid to the medical vendor in the same manner as assistance payments under the program for aid to the needy disabled, pursuant to the rules and regulations of the state department. Payments to such vendors shall be subject to reimbursement by the state in the same manner as said assistance payments for aid to the needy disabled. Source: L. 73: R&RE, p. 1180, § 2. C.R.S. 1963: § 119-3-6. L. 75: (6)(b) amended, p. 889, § 5, effective July 28. L. 77: (5) R&RE, p. 1343, § 2, effective May 26. L. 83: (5)(b), (5)(c), (6)(b), and (6)(c) amended, p. 1117, § 1, effective March 15. L. 88: (1.5) added, p. 1053, § 1, effective April 16. L. 91: (3) amended, p. 1897, § 8, effective July 1. L. 96: (6)(a) amended, p. 992, § 1, effective May 23. L. 97: (1) and (4)(a) amended, p. 1230, § 16, effective July 1. L. Colorado Revised Statutes 2019 Page 81 of 490 Uncertified Printout 98: (3) amended, p. 933, § 1, effective August 5. L. 99: (6)(a) amended, p. 97 § 1, effective March 24; (6)(a) amended, p. 626, § 28, effective August 4. L. 2001: (6)(a) amended, p. 185, § 17, effective August 8. L. 2006: (6)(b) amended, p. 1505, § 48, effective June 1. L. 2008: (6)(a) amended, p. 134, § 25, effective January 1, 2009. L. 2016: (6)(a) amended, (SB 16-158), ch. 204, p. 729, § 22, effective August 10. L. 2017: (6)(a) amended, (SB 17-242), ch. 263, p. 1332, § 217, effective May 25. L. 2018: (6)(a) amended, (HB 18-1196), ch. 82, p. 678, § 1, effective March 29. Editor's note: Amendments made to subsection (6)(a) by House Bill 99-1360 and Senate Bill 99-010 were harmonized. Cross references: For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 26-2-107. Verification - record. (1) (a) (I) Whenever a county department receives an application for public 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 and shall make a diligent effort to examine all records prior to granting assistance. The records include the following: (A) Records of the division of unemployment insurance, including unemployment compensation records; (B) School attendance records; (C) Vital statistics records; (D) Records of the department of revenue. (II) The county department shall also verify such other information as may be required by the rules and regulations of the state department. (b) If such information is reasonably available, the verification shall be completed prior to approval of any assistance or for continuation of assistance. The provisions of this paragraph (b) shall not apply to those persons receiving old age pensions, aid to the needy disabled, or aid to the blind during the period for which such assistance is continued. (c) Within ten working days after a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility is discovered, it shall be referred 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. (2) The county department, the state 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 state department may administer oaths and affirmations. Source: L. 73: R&RE, p. 1182, § 2. C.R.S. 1963: § 119-3-7. L. 77: (1) amended, p. 1334, § 4, effective January 1, 1978. L. 79: (1)(a)(I) amended, p. 1086, § 12, effective July 1. L. Colorado Revised Statutes 2019 Page 82 of 490 Uncertified Printout 2000: (1)(a)(I)(D) amended, p. 1637, § 14, effective June 1. L. 2012: IP(1)(a)(I) and (1)(a)(I)(A) amended, (HB 12-1120), ch. 27, p. 110, § 27, effective June 1. Editor's note: The effective date for amendments to the introductory portion of subsection (1)(a)(I) and subsection (1)(a)(I)(A) by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.) 26-2-108. Granting of assistance payments and social services. (1) (a) Upon completion of the verification and record of each application for assistance payments, the county department, pursuant to the rules of the state department, shall determine whether the applicant is eligible for assistance payments, the amount of such assistance payments to be granted, and the date upon which such assistance payments shall begin. (b) (I) In determining the amount of assistance payments to be granted, due account shall be taken 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, pursuant to rules of the state department. Effective July 1, 2000, through December 31, 2016, a county may pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the state and county share of child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for the purpose of grant calculation. However, such income shall be considered income for purposes of determining eligibility. If a county chooses to pay child support collections directly to a family that is eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), the county shall report such payments to the state department for the month in which they occur and indicate the choice of this option in its performance contract for Colorado works. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant. (II) (A) Effective January 1, 2017, and upon the state department's notification to counties that the relevant human services case management systems, including the automated child support enforcement system and the Colorado benefits management system, are capable of directly and efficiently managing the distribution process for the child support pass-through, a county shall pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the amount of current child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for purposes of calculating a recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. The county shall report the amount of the child support payments to the state department for the month in which they occur. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant. Colorado Revised Statutes 2019 Page 83 of 490 Uncertified Printout (B) The general assembly may annually appropriate moneys to the state department in a separate line item to reimburse the counties for fifty percent of child support collections and the federal government for its share of child support collections that are passed through to temporary assistance for needy families (TANF) recipients pursuant to this subparagraph (II). The state department shall allocate and distribute the moneys to the counties. Notwithstanding the provisions of this subparagraph (II) to the contrary, in any state fiscal year in which the general assembly does not appropriate an amount of moneys equal to a full fiscal year reimbursement to counties pursuant to the provisions of this sub-subparagraph (B), the state department shall make all necessary changes to the relevant human services automated systems so that child support payments are not passed through to temporary assistance for needy families (TANF) recipients and a county is not required to, but may, implement the child support pass-through to TANF recipients. Should a county elect to implement a child support pass-through in a fiscal year in which the full amount of moneys is not appropriated, it must utilize its own resources and the state automated systems are not required to support their implementation. (c) When the eligibility, amount, and date for beginning assistance payments have been established, the county department shall make an award to or on behalf of the applicant in accordance with rules of the state department, which award shall be binding upon the county and shall be complied with by the county until it is modified or vacated. (d) (I) Except as provided in subparagraph (II) of this paragraph (d) and part 7 of this article, assistance payments under public assistance programs shall be paid at least monthly to or on behalf of the applicant upon order of the county department from funds appropriated to the county department for this purpose and pursuant to the rules of the state department. (II) Assistance in the form of aid to the needy disabled for persons who are disabled as a result of a primary diagnosis of an alcohol use disorder or a substance use disorder related to controlled substances must be paid on the person's behalf to the substance use disorder treatment program in which the person is participating as required pursuant to section 26-2-111 (4)(e)(I) or to the person directly upon the person providing the documentation required pursuant to section 26-2-111 (4)(e)(II). (e) The county department shall at once notify the applicant and the state department, in writing, of its decisions on assistance payments and the reasons therefor. (2) The state department, by its rules, shall prescribe procedures for handling applications or requests for social services. Such rules may include, but need not be limited to, the determination of eligibility for social services, the services to be provided, the verification and record, and notice to applicants and the state department. Source: L. 73: R&RE, p. 1182, § 2. C.R.S. 1963: § 119-3-8. L. 83: (1)(b) amended, p. 856, § 2, effective July 1. L. 85: (1)(b) amended, p. 1362, § 25, effective June 28. L. 96: (1)(d) amended, p. 992, § 2, effective May 23. L. 97: Entire section amended, p. 1231, § 17, effective July 1. L. 99: (1)(d)(II) amended, p. 626, § 29, effective August 4. L. 2000: (1)(b) amended, p. 1711, § 7, effective July 1. L. 2008: (1)(b) amended, p. 1910, § 112, effective August 5. L. 2015: (1)(b) amended, (SB 15-012), ch. 285, p. 1153, § 1, effective August 5. L. 2017: (1)(d)(II) amended, (SB 17-242), ch. 263, p. 1332, § 218, effective May 25. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. Colorado Revised Statutes 2019 Page 84 of 490 Uncertified Printout 26-2-109. Right to own certain property. (1) No person otherwise qualified to receive public assistance shall be denied public assistance by reason of the fact that he is the owner of real estate occupied by him as a residence. (2) No person otherwise qualified shall be denied public assistance by reason of the fact that he is the owner of personal property which is exempt by the laws of Colorado from execution or attachment. (3) (a) The state department, by its rules and regulations, may establish limitations on the value of real and personal property and other resources, not included in subsections (1) and (2) of this section, which may be available to an applicant or recipient without affecting his eligibility for public assistance. (b) For public assistance purposes, the value of residential or other real property shall be equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39, C.R.S. Source: L. 73: R&RE, p. 1183, § 2. C.R.S. 1963: § 119-3-9. L. 87: (3)(b) amended, p. 1157, § 1, effective May 1. 26-2-110. Repayment not required. No person shall be required, in order to receive public assistance, to repay or promise to repay the state of Colorado any money properly paid to him or her as public assistance pursuant to the provisions of this article and the rules of the state department; except that the state may recoup interim assistance authorized under section 26-2206, concerning blind and disabled individuals. Source: L. 73: R&RE, p. 1183, § 2. C.R.S. 1963: § 119-3-10. L. 77: Entire section amended, p. 1344, § 3, effective May 26. L. 87: Entire section amended, p. 1158, § 1, effective May 28. L. 97: Entire section amended, p. 1232, § 18, effective July 1. 26-2-111. Eligibility for public assistance - rules - repeal. (1) No person shall be granted public assistance in the form of assistance payments under this article unless such person meets all of the following requirements: (a) The person is a resident of the state of Colorado or, if a dependent child, the parent or other relatives with whom said child is living is a resident of the state of Colorado or the person is a legal immigrant who would be otherwise eligible in all respects except for citizenship; (b) The person has insufficient income, property, or other resources to meet his or her needs as determined pursuant to rules and regulations of the state department; except that resource eligibility for the program of aid to the needy disabled shall be as specified in paragraph (d) of subsection (4) of this section, resource eligibility for the program of aid to the blind shall be as specified in subparagraph (III) of paragraph (a) of subsection (5) of this section, and resource eligibility requirements for the old age pension program shall be as specified in paragraph (a) of subsection (2) of this section; (c) (I) The person has not made a voluntary assignment or transfer of property without fair and valuable consideration for the purpose of rendering himself or herself eligible for public assistance under this article at any time within thirty-six months immediately prior to the filing of application for such assistance pursuant to the provisions of this article; or, in the case of a person already receiving public assistance under this article, the person has not made any such Colorado Revised Statutes 2019 Page 85 of 490 Uncertified Printout transfer during the time the person has been receiving such public assistance; but, if any such assignment or transfer is made during such thirty-six month period or during such time that public assistance is being received, there is a rebuttable presumption that the assignment or transfer was made for such purpose; but, within such period of time, a person may assign or transfer the ownership of real property owned and used as a residence by such person if: (A) The transfer or assignment is made for reasons other than to become or remain eligible for public assistance under this article; (B) The primary purpose of the transfer or assignment is not to acquire moneys or profit but is for some other legitimate reason such as estate planning. (II) Nothing in this paragraph (c) shall be construed to prohibit a person from selling, transferring, or assigning his or her real estate in a bona fide transaction for good and valuable consideration. (d) The person is not an inmate of a public institution, except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; but the provisions of this paragraph (d) shall not be applicable to or in any way affect the class of old age pension recipients provided for in subsection (2)(a)(III) of this section. (2) Old age pension. (a) Except as provided in paragraphs (c) and (d) of this subsection (2), public assistance in the form of the old age pension shall be granted to any person who meets the requirements of subsection (1) of this section and any one of the following requirements: (I) The person is a United States citizen or a qualified alien, has attained the age of sixty years or more, and meets the resource eligibility requirements of the federal supplemental security income program; or (II) Repealed. (III) The person is an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, and the person has attained the age of sixty years or more. The period of confinement as a patient in such institution shall be considered as residence in the state of Colorado. (b) An applicant or recipient of the old age pension who is otherwise qualified shall not be denied the old age pension by reason of the fact that relatives may be financially able to contribute to his or her support and maintenance; except that income and resources of the spouse of an applicant or recipient of the old age pension or of a sponsor of an applicant or recipient of the old age pension who is a qualified alien shall be considered in determining eligibility pursuant to rules of the state department. (c) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (c), a qualified alien shall not be granted the old age pension under the provisions of this subsection (2) unless it is shown that: (A) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 954, § 4, effective January 1, 2014.) (B) The qualified alien meets the requirements specified in section 26-2-111.8 (2)(a) relating to entry into the United States prior to August 22, 1996, or the requirements specified in section 26-2-111.8 (2)(b) regarding the five-year bar on receipt of benefits; and Colorado Revised Statutes 2019 Page 86 of 490 Uncertified Printout (C) The qualified alien meets the requirements specified in section 26-2-111.8 (2)(c) regarding the deeming of sponsor income and resources. (II) The requirements in subparagraph (I) of this paragraph (c) do not apply to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) if it is determined pursuant to rules of the state department that: (A) The qualified alien has been abandoned by or is a victim of mistreatment by his or her sponsor or is an abused spouse and would incur a significant financial hardship; or (B) The qualified alien who does not have a sponsor would have insufficient income to support himself or herself or would otherwise incur a significant financial hardship; or (C) The person who sponsored the qualified alien's entry into the United States and who satisfied sponsorship financial requirements at the time of initial sponsorship now has insufficient income and resources to meet the needs of the qualified alien. (III) The requirements in subparagraph (I) of this paragraph (c) do not apply to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) and who is also eligible for federal financial benefits pursuant to Title XVI of the federal "Social Security Act". (d) (I) A person who is a member of a household that is receiving public assistance under the Colorado works program pursuant to part 7 of this article shall not be eligible to receive public assistance pursuant to this subsection (2). (II) (Deleted by amendment, L. 2010, (HB 10-1043), ch. 92, p. 315, § 8, effective April 15, 2010.) (3) Colorado works program. (a) By signing an application for the works program created in part 7 of this article, a person assigns, by operation of law, to the state department all rights the applicant may have to support from any other person on his or her own behalf or on behalf of any other family member for whom application is made. For the purposes of this subsection (3), the assignment: (I) Is effective for current support due and owing during the period of time the person is receiving public assistance under the works program; (II) Takes effect upon a determination that the applicant is eligible for the works program; and (III) Shall remain in effect with respect to any unpaid support that accrues under the assignment, up to the amount of the cost of assistance provided. (IV) (Deleted by amendment, L. 2009, (SB 09-053), ch. 137, p. 594, § 1, effective October 1, 2009.) (a.5) Notwithstanding any provision of this subsection (3), and except as provided in section 26-2-108 (1)(b)(II), effective January 1, 2017, the state department shall pay to the recipient the current child support collected pursuant to the assignment. The state department shall disregard the amount of child support paid to the recipient pursuant to this paragraph (a.5) in calculating the amount of the recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. (b) The application shall contain a statement explaining this assignment and the payment to the recipient of child support pursuant to paragraph (a.5) of this subsection (3). Colorado Revised Statutes 2019 Page 87 of 490 Uncertified Printout (c) Notwithstanding any provision of paragraph (a) of this subsection (3), assignments made prior to October 1, 2009, may include support arrearages that accrued prior to the date the applicant is determined to be eligible for the works program. (3.5) (a) Repealed. (b) (Deleted by amendment, L. 97, p. 1232, § 19, effective July 1, 1997.) (4) Aid to the needy disabled. Public assistance in the form of aid to the needy disabled must be granted to any person who meets the requirements of subsection (1) of this section and all of the following requirements: (a) He or she has a total disability, as defined by section 26-2-103 (14) and the rules and regulations of the state department, that has lasted or can be expected to last for a period of six months or more or he or she is determined to be disabled and eligible for social security disability insurance benefits under Title II of the social security act. (b) He or she is eighteen years of age or older. (b.5) (I) He or she has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b.5) to the contrary, the state department may promulgate rules allowing a county to waive the requirement that a person apply for supplemental security income benefits prior to receiving aid to the needy disabled under such conditions and for such period of time as the state department deems appropriate to ensure that a person has the opportunity to submit a thorough and complete supplemental security income benefits application. (c) (I) The person is not a member of a household receiving public assistance under the aid to families with dependent children program set forth in this article. For the purposes of this paragraph (c), "household" has the same meaning as "assistance unit" as used in 45 CFR 205.40 (a)(1), as amended. (II) (A) The provisions of subparagraph (I) of this paragraph (c) notwithstanding, on and after January 1, 1992, a supplemental payment funded by state and county funds shall be paid to households that have received public assistance payments for the month of December 1991, under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4). The supplemental payment shall be in an amount as will maintain the household's total income at the same level as in December 1991. (B) The supplemental payment shall be paid only if the household remains continuously eligible to receive public assistance under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4). (d) He or she meets the resource eligibility requirements of the federal supplemental security income program. (e) If the applicant is disabled as a result of a primary diagnosis of a substance use disorder, he or she, as conditions of eligibility, shall be required to: (I) Participate in treatment services approved by the office of behavioral health in the state department; and (II) Demonstrate on a periodic and random basis that he or she remains free of the use of alcohol or any nonprescribed controlled substance on a form verified by the treatment program. Colorado Revised Statutes 2019 Page 88 of 490 Uncertified Printout Any person whose random test results are positive two times in any three-month period shall be denied eligibility. (f) A person who is disabled as a result of a primary diagnosis of an alcohol or substance use disorder is not eligible for aid to the needy disabled based upon that primary diagnosis if the person has received aid to the needy disabled based upon such diagnosis for any cumulative twelve-month period in the person's lifetime. (5) Aid to the blind. (a) For the purpose of providing public assistance to those not receiving federal financial benefits pursuant to Title XVI of the social security act, public assistance in the form of aid to the blind shall be granted to any person who meets the requirements of subsection (1) of this section and who: (I) Is blind as defined by section 26-2-103 (3) or is determined to be blind and eligible for social security disability insurance benefits under Title II of the social security act; except that any person who is a member of a household that is receiving public assistance under the aid to families with dependent children program set forth in this article shall not be eligible to receive public assistance pursuant to this subsection (5); (II) Has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown; and (III) Meets the resource eligibility requirements of the federal supplemental security program. (b) For the purposes of this subsection (5), "household" has the same meaning as "assistance unit" as used in 45 CFR 205.40 (b)(1), as amended. (6) The provisions of section 26-2-111.8 shall apply in addition to the provisions of this section in determining the eligibility for public assistance of persons who are not citizens of the United States. Source: L. 73: R&RE, p. 1183, § 2. C.R.S. 1963: § 119-3-11. L. 75: (4)(a) amended, p. 889, § 6, effective July 28. L. 76: (2)(b) amended, p. 309, § 51, effective May 20. L. 77: IP(1)(c), (4)(a), and (5) amended, p. 1344, § 4, effective May 26; (3)(c) to (3)(e) R&RE and (3)(f) repealed, pp. 1339, 1341, §§ 3, 5, effective July 1. L. 82: (3)(g) added, p. 281, § 6, effective April 2; (3)(b) amended, p. 426, § 2, effective July 1. L. 83: (2)(a)(I) and (2)(a)(III) amended and (2)(a)(II) repealed, p. 1119, §§ 1, 2, effective May 10. L. 88: (2)(c) added, p. 1053, § 2, effective April 16. L. 89, 1st Ex. Sess.: (3)(c) to (3)(e) amended and (3.5) added, p. 39, § 5, effective July 25. L. 90: (3)(h) added, p. 1358, § 2, effective October 1. L. 91: (3)(d) and (3)(e) repealed, p. 1861, § 3, effective July 1. L. 91, 2nd Ex. Sess.: IP(2)(a), (4), and (5) amended and (2)(d) added, pp. 92-94, §§ 1-3, effective January 1, 1992. L. 92: (3)(h) amended, p. 2143, § 1, effective July 1. L. 96: IP(1), (1)(b), (4), and (5) amended, p. 832, § 1, effective May 23; (4)(e) and (4)(f) added, p. 993, § 3, effective May 23; (1) and (2)(a) amended, p. 1297, § 1, effective June 1. L. 97: (1)(a) amended and (6) added, p. 1252, § 2, effective July 1; (3) and (3.5)(b) amended, p. 1232, § 19, effective July 1; (3)(a) amended, p. 1287, § 32, effective July 1. L. 2004: (3)(a)(III) amended, p. 387, § 4, effective July 1. L. 2006: (4)(a) amended, p. 1505, § 49, effective June 1. L. 2009: (3)(a) amended and (3)(c) added, (SB 09-053), ch. 137, p. 594, § 1, effective October 1. L. 2010: (2)(d) amended, (HB 10-1043), ch. 92, p. 315, § 8, effective April 15; (2)(a) and (2)(c) amended, (HB 10-1384), ch. 218, p. 951, § 1, effective July 1; (2)(b) and (2)(c) amended, (HB 10-1384), ch. 218, p. 954, §§ 3, 4, effective January 1, 2014. L. 2011: (4)(e)(I) amended, (HB 11-1303), ch. 264, p. 1169, § 72, effective August 10. L. 2014: (4)(b.5) Colorado Revised Statutes 2019 Page 89 of 490 Uncertified Printout amended, (SB 14-012), ch. 248, p. 959, § 2, effective August 6. L. 2015: (3)(a.5) added and (3)(b) amended, (SB 15-012), ch. 282, p. 1154, § 2, effective August 5. L. 2017: IP(4)(e) and (4)(e)(I) amended, (SB 17-242), ch. 263, p. 1333, § 219, effective May 25. L. 2018: IP(4) and (4)(f) amended, (SB 18-091), ch. 35, p. 389, § 33, effective August 8. Editor's note: (1) Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective January 1, 1990. (See L. 89, 1st Ex. Sess., p. 39.) (2) Subsection (3.5)(a)(II) provided for the repeal of subsection (3.5)(a), effective October 1, 1992. (See L. 89, 1st Ex. Sess., p. 39.) (3) Amendments to subsection (1) by House Bill 96-1233 and House Bill 96-1253 were harmonized. (4) Subsection (4)(e) and (4)(f) were enacted as subsection (4)(d) and (4)(e), respectively, by Senate Bill 96-164, but have been renumbered on revision for ease of location and were harmonized with House Bill 96-1253. (5) Section 7 of chapter 218, Session Laws of Colorado 2010, provides that amendments to subsections (2)(b) and (2)(c) in sections 3 and 4 of House Bill 10-1384 are effective upon the earlier of January 1, 2014, or the date upon which the revisor of statutes receives certain notification from the executive director of the department of health care policy and financing. The revisor of statutes did not receive the notification; therefore, the amendments to subsection (2)(b) and (2)(c) by § 3 of chapter 218 took effect January 1, 2014. Cross references: For the legislative declaration contained in the 1997 act amending subsection (3)(a), see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative declaration in SB 14-012, see section 1 of chapter 248, Session Laws of Colorado 2014. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. 26-2-111.1. Eligibility for assistance - immunization of children. (Repealed) Source: L. 77: Entire section added, p. 1340, § 4, effective July 1. L. 86: (3) amended, p. 1040, § 2, effective April 30. L. 89, 1st Ex. Sess.: (4) added, p. 40, § 6, effective July 25. L. 97: Entire section RC&RE, p. 356, § 1, effective July 1. L. 98: Entire section amended, p. 21, § 4, effective August 5. L. 2007: Entire section amended, p. 665, § 9, effective April 26. L. 2010: Entire section amended, (HB 10-1043), ch. 92, p. 315, § 9, effective April 15; entire section repealed, (SB 10-068), ch. 160, p. 555, § 6, effective January 1, 2011. 26-2-111.2. Community work experience program. (Repealed) Source: L. 77: Entire section added, p. 1340, § 4, effective July 1. L. 86: (1) amended and (2) repealed, pp. 987, 988, §§ 1, 3, effective April 17; (1) amended, p. 1040, § 3, effective April 30. L. 89, 1st Ex. Sess: (1) amended and (3) added, p. 40, § 7, effective July 25. L. 91: Entire section repealed, p. 1861, § 4, effective July 1. 26-2-111.3. Work supplementation program. (Repealed) Colorado Revised Statutes 2019 Page 90 of 490 Uncertified Printout Source: L. 86: Entire section added, p. 988, § 2, effective April 17. L. 89, 1st Ex. Sess.: (6) added, p. 41, § 8, effective July 25. L. 90: (2)(a), (2)(b), and (5) amended, p. 1359, § 3, effective June 8. L. 91: Entire section repealed, p. 1862, § 5, effective July 1. 26-2-111.4. Employment search program. (Repealed) Source: L. 86: Entire section added, p. 989, § 1, effective April 24. L. 89, 1st Ex. Sess.: (5) added, p. 41, § 9, effective July 25. L. 91: Entire section repealed, p. 1862, § 6, effective July 1. 26-2-111.5. Access to supplemental security income program benefits for old age pension applicants and recipients. The state department shall require old age pension applicants or recipients who may be eligible for supplemental security income to apply for benefits authorized by Title XVI of the federal social security act and to comply with any recommendations for referrals made by the county department except for good cause shown. With funds appropriated by the general assembly, the state department may develop a statewide cost-effective program to assist old age pension applicants or recipients in obtaining such benefits. Source: L. 96: Entire section added, p. 1299, § 2, effective June 1. 26-2-111.6. Old age pension work incentive program. (1) The state department is authorized to implement a work incentive program for persons receiving old age pension benefits, which program shall be called the old age pension work incentive program. Under this program, a person who is already eligible for and receiving old age pension benefits would be allowed to retain sixty-five dollars of earned income in a month and one-half of the remaining earned income in a month without such moneys being counted as income for purposes of eligibility for the old age pension. In addition, the receipt and retention of such earned income shall not affect the person's eligibility for medical assistance as provided by articles 4, 5, and 6 of title 25.5, C.R.S. (2) and (3) Repealed. Source: L. 96: Entire section added, p. 1299, § 2, effective June 1. L. 2000: (3) repealed, p. 899, § 1, effective May 24. L. 2006: (1) amended, p. 2016, § 97, effective July 1. L. 2008: (2) repealed, p. 1910, § 113, effective August 5. 26-2-111.7. Study of old age pension program - repeal. (Repealed) Source: L. 96: Entire section added, p. 1299, § 2, effective June 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1997. (See L. 96, p. 1299.) 26-2-111.8. Eligibility of noncitizens for public assistance. (1) (a) The general assembly hereby finds and declares that passage of the federal "Personal Responsibility and Colorado Revised Statutes 2019 Page 91 of 490 Uncertified Printout Work Opportunity Reconciliation Act of 1996", Public Law 104-193, requires the states to make certain decisions concerning qualified aliens and their eligibility for certain types of public assistance. (b) The goal of this section is to recognize that foreign-born legal residents of the state of Colorado contribute to our society by working in our communities, supporting local businesses, and paying taxes and should receive certain types of public assistance for certain types of situations. Moreover, the state goal is to provide the types of assistance that will enhance the state's ability to receive federal financial participation, thereby reducing the ultimate burden on the state and local government for emergency health and welfare needs. (c) This section is also intended to encourage and support efforts to help foreign-born legal residents of the state of Colorado to become citizens of the United States. (2) (a) Entry requirements. A qualified alien who entered the United States before August 22, 1996, and who meets the eligibility criteria specified for a particular public assistance program shall be eligible to receive public assistance under the following programs as described in this article: (I) The Colorado works program; (II) The old age pension; (III) Aid to the needy disabled; or (IV) Aid to the blind. (b) Five-year bar on receipt of benefits. A qualified alien who entered the United States on or after August 22, 1996, shall be barred from receiving the benefits described in paragraph (a) of this subsection (2) for a period of five years after the date of entry into the United States, unless he or she meets the exceptions set forth in the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, as amended. (c) Deeming of sponsor income and resources. After five years, a qualified alien described in paragraph (b) of this subsection (2) shall be eligible for benefits under this article, but shall have sponsor income and resources deemed to the individual or family under rules established by the state department pursuant to section 26-2-137 (2). (3) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 952, § 2, effective July 1, 2010.) (3.5) For benefits provided on and after January 1, 2014, the state department may pursue repayment from the qualified alien's sponsor for old age pension benefits provided to the qualified alien during the time that the sponsorship affidavit of support is in effect as determined by United States citizenship and immigration services, or its successor agency. (4) A qualified alien may receive benefits under section 26-2-122.3 pursuant to rules promulgated by the state department. (5) As a condition of eligibility for public assistance under this article, a qualified alien shall agree to refrain from executing an affidavit of support for the purpose of sponsoring an alien on or after July 1, 1997, under rules promulgated by the immigration and naturalization service or its successor agency during the pendency of the qualified alien's receipt of public assistance. Nothing in this subsection (5) shall be construed to affect a qualified alien's eligibility for public assistance under this article based upon the qualified alien's responsibilities under an affidavit of support entered into before July 1, 1997. Colorado Revised Statutes 2019 Page 92 of 490 Uncertified Printout (6) The state department shall encourage a qualified alien who is eligible to submit an application for citizenship to submit such an application. Source: L. 97: Entire section added, p. 1252, § 3, effective July 1. L. 2010: (1), (2), (3), (4), and (5) amended, (HB 10-1384), ch. 218, p. 952, § 2, effective July 1; (4) amended, (HB 101422), ch. 419, p. 2116, § 154, effective August 11; (3.5) added, (HB 10-1384), ch. 218, p. 955, § 5, effective January 1, 2014. L. 2017: (3.5) amended, (SB 17-294), ch. 264, p. 1410, § 94, effective May 25. Editor's note: (1) Subsection (4) was amended in House Bill 10-1422, effective August 11, 2010. However, those amendments were superseded by the amendment of subsection (4) in House Bill 10-1384, effective July 1, 2010. (2) Section 7 of chapter 218, Session Laws of Colorado 2010, provides that subsection (3.5) is effective upon the earlier of January 1, 2014, or the date upon which the revisor of statutes receives certain notification from the executive director of the department of health care policy and financing. The revisor of statutes did not receive the notification; therefore, subsection (3.5) took effect January 1, 2014. 26-2-112. Old age pensions for inmates of public institutions. (1) Except as otherwise provided in this section, the application procedure, the investigation of applications, the procedure for granting of pensions, and all other provisions of this article relating to the administration of old age pensions shall apply to the class of old age pensions provided in section 26-2-111 (2)(a)(III). (2) Where an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, meets the requirements for the class of old age pensions provided in section 26-2-111 (2)(a)(III) and has been committed to said public institution by order of the district or probate court, the superintendent or chief administrative officer of such institution shall make application for such pension for and in behalf of said inmate in the same manner as provided in section 26-2-106. (3) (a) (I) Assistance payments under the old age pension granted to an inmate of the Colorado mental health institute at Pueblo, Colorado, or the Wheat Ridge regional center, the Pueblo regional center, or the Grand Junction regional center shall be paid to the chief financial officer of the institution within which the inmate is confined. Such chief financial officer shall receive and disburse such pension funds as trustee for such inmate and shall account for the same to the state controller in the manner now prescribed by law for the handling and accounting of trust or quasi-trust funds. (II) Such chief financial officer shall be required to furnish, at the state's expense, a surety bond in such amount as the department of human services shall from time to time deem sufficient in the premises to protect such funds. (III) It is the duty of such chief financial officer to pay monthly from the assistance payments under the old age pension, as prior claim therefrom, all lawful claims of said public institution for the care, support, maintenance, education, and treatment of said inmate in accordance with article 92 of title 27, C.R.S. (b) Where assistance payments under the old age pension are granted to an inmate of an institution maintained by any county or municipality, such payments shall be paid to such Colorado Revised Statutes 2019 Page 93 of 490 Uncertified Printout conservator or guardian as the district or probate court of such county may appoint, and under and amendable to the statutes applicable to conservators and guardians when so appointed. Source: L. 73: R&RE, p. 1186, § 2. C.R.S. 1963: § 119-3-12. L. 83: (3)(a)(I) amended, p. 1160, § 19, effective April 26. L. 91: (3)(a)(I) amended, p. 1145, § 13, effective May 18. L. 94: (3)(a)(II) amended, p. 2703, § 261, effective July 1. L. 2010: (3)(a)(III) amended, (SB 10175), ch. 188, p. 803, § 73, effective April 29. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 26-2-113. Funds for old age pensions. (1) The state old age pension fund and the moneys allocated thereto pursuant to the provisions of article XXIV of the state constitution shall include amounts received from the incorporation fees and inheritance taxes imposed pursuant to subsection (2) of this section. (2) (a) In addition to all other fees, charges, and impositions now fixed by law, there shall be assessed and collected, by the governmental department, person, or party in charge under whose jurisdiction the present collection is now required by law, the following fees, charges, sums, and impositions, which fees, charges, sums, and impositions shall be set aside, allocated, and allotted to the old age pension fund: (I) Ten percent additional amount of the fees which are due and paid to the secretary of state upon incorporation of any corporation or association for profit; and (II) Ten percent additional upon the amount of any tax payable under the provisions of the inheritance tax laws of this state. (b) In computing the amount of the additional tax or fee as provided in paragraph (a) of this subsection (2), the nearest multiple to five cents shall be taken in all cases. (3) Any and all of such funds collected by any state official or state department pursuant to subsection (2) of this section shall be paid over by such official or department to the state treasurer, who on the first day of each month shall divide and pay the same into each of the county old age pension accounts of the county social services funds in this state on the pro rata basis which the population of the respective county has to the population of the entire state according to the last official United States census. Source: L. 73: R&RE, p. 1187, § 2. C.R.S. 1963: § 119-3-13. 26-2-114. Amount of assistance payments - old age pension. (1) The basic minimum award payable to those persons qualified to receive an old age pension shall be one hundred dollars monthly; but the state board may adjust the said basic minimum award above one hundred dollars if, in its discretion, living costs have changed sufficiently to justify such adjustment. (2) (a) and (a.5) Repealed. (b) (I) The amount of net income from whatever source, either in cash or in kind, which any person qualified for an old age pension may receive shall be deducted from the amount of monthly pension which such person would otherwise receive. The rules and regulations of the state department may require an applicant or recipient who may be eligible for benefits under Colorado Revised Statutes 2019 Page 94 of 490 Uncertified Printout another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources. (II) In computing said net income, the county department shall not consider the ownership of real estate occupied as a residence by the recipient as income. In addition, in computing said net income, the county department shall not consider as income funds received by or on behalf of the recipient from the federal government for rent supplementation or relocation payments or income earned by the recipient up to the maximum extent allowed by Title I, section 2, of the social security act. (III) Whenever the United States congress shall provide by law for a retroactive increase in monthly benefits under the old age, survivors, and disability provisions of the social security act, or for a retroactive increase in monthly benefits under the railroad retirement act, and the amount of such retroactive increase in monthly benefits shall be subsequently paid to an old age pension recipient in a lump sum, then the amount of such lump sum payment shall not be considered as income and shall not be deducted from the amount of monthly pension otherwise payable to such recipient for the month in which such lump sum payment is received. (IV) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law. Source: L. 73: R&RE, p. 1188, § 2. C.R.S. 1963: § 119-3-14. L. 75: (2)(b)(I) amended, p. 889, § 7, effective July 28. L. 77: (2)(b)(IV) added, p. 1346, § 1, effective May 26. L. 78: (2)(a) R&RE, p. 436, § 1, effective May 4. L. 79: (2)(a.5) added, p. 1439, § 24, effective July 3. L. 83: (2)(a) amended, p. 1130, § 6, effective June 3; (2)(a.5) amended, p. 2101, § 17, effective October 13. L. 87: (2)(a.5) repealed, p. 1159, § 1, effective July 1. L. 91: (2)(a) amended, p. 1857, § 16, effective April 11; (2)(a) amended, p. 1897, § 9, effective July 1. L. 91, 2nd Ex. Sess.: (2)(a) amended, p. 81, § 2, effective October 16. L. 93: (2)(a)(II)(B) repealed, p. 333, § 2, effective April 12; (2)(a)(I) and (2)(a)(II)(A) amended, p. 1147, § 87, effective July 1, 1994. L. 94: (2)(a) amended, p. 1561, § 9, effective July 1; (2)(a)(I) and (2)(a)(II)(A) amended, p. 2625, § 47, effective July 1. L. 2006: (2)(a) amended, p. 1994, § 22, effective July 1. L. 2010: (2)(a)(I) and (2)(a)(II)(A) repealed, (HB 10-1146), ch. 281, p. 1302, § 1, effective January 1, 2011. Editor's note: Amendments to subsection (2)(a) by Senate Bill 91-105 and House Bill 91-1287 were harmonized. Amendments to subsection (2)(a) by House Bill 94-1029 and Senate Bill 94-133 were harmonized. Cross references: For the legislative declaration contained in the 1993 act amending subsection (2)(a)(I) and (2)(a)(II)(A), see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (2)(a)(I) and (2)(a)(II)(A), see section 1 of chapter 345, Session Laws of Colorado 1994. 26-2-115. State old age pension fund - priority. All moneys deposited in the state old age pension fund shall be first available for payment of basic minimum awards to qualified old age pension recipients, and no part of said fund shall be transferred to any other fund until such Colorado Revised Statutes 2019 Page 95 of 490 Uncertified Printout basic minimum awards shall have been paid. Moneys in the state old age pension fund shall be subject to annual appropriation by the general assembly. Source: L. 73: R&RE, p. 1188, § 2. C.R.S. 1963: § 119-3-15. L. 93: Entire section amended, p. 1507, § 6, effective June 6. 26-2-116. Old age pension stabilization fund. Any moneys remaining in the old age pension fund after full payment of basic minimum awards to qualified old age pension recipients shall be transferred to a fund to be known as the old age pension stabilization fund, which fund shall be maintained at the amount of five million dollars and restored to that amount after any disbursements therefrom. The state board shall use the moneys in such fund only to stabilize payments of old age pension basic minimum awards. Moneys in the old age pension stabilization fund shall be subject to annual appropriation by the general assembly. Source: L. 73: R&RE, p. 1188, § 2. C.R.S. 1963: § 119-3-16. L. 93: Entire section amended, p. 1507, § 7, effective June 6. 26-2-117. Old age pension health and medical care fund - supplemental old age pension health and medical care fund. (Repealed) Source: L. 73: R&RE, p. 1188, § 2. C.R.S. 1963: § 119-3-17. L. 93: Entire section amended, p. 1507, § 8, effective June 6. L. 2002: Entire section amended, p. 912, § 1, effective May 31. L. 2003: Entire section amended, p. 2586, § 9, effective July 1. L. 2006: Entire section repealed, p. 1994, § 23, effective July 1. Cross references: For current provisions concerning the old age pension health and medical care fund and the supplemental old age pension health and medical care fund, see § 25.5-2-101. 26-2-118. Amount of assistance payments - aid to families with dependent children. (Repealed) Source: L. 73: R&RE, p. 1189, § 2. C.R.S. 1963: § 119-3-18. L. 77: (3) added, p. 1346, § 2, effective May 26. L. 97: Entire section repealed, p. 1233, § 20, effective July 1. 26-2-119. Amount of assistance payments - aid to the needy disabled. (1) (a) The amount of assistance payments that shall be granted to a recipient under the program for aid to the needy disabled shall be on the basis of budgetary need, as determined by the county department with due regard to any income, property, or other resources available to the recipient, within available appropriations, and in accordance with rules of the state department. (b) The rules of the state department: (I) Shall establish the assistance payment under the program for aid to the needy disabled, which assistance payment for the 2014-15 state fiscal year must not be less than the amount of the assistance payment for the 2013-14 state fiscal year increased by eight percent. For state fiscal years 2015-16 through 2018-19, and in fiscal years thereafter if necessary, Colorado Revised Statutes 2019 Page 96 of 490 Uncertified Printout subject to available appropriations, the state department is encouraged to increase the amount of the assistance payment to restore the payment to the state fiscal year 2006-07 amount and to adjust the assistance payment to reflect increases in the cost of living. (II) May require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources. (1.5) and (2) (Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1302, § 2, effective January 1, 2011.) (3) and (4) Repealed. (5) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law. (6) Repealed. Source: L. 73: R&RE, p. 1189, § 2. C.R.S. 1963: § 119-3-19. L. 75: (1) amended, (3) and (4) repealed, and (5) added, pp. 890, 893, §§ 8, 14, 9, effective July 28. L. 77: (5) R&RE, p. 1346, § 3, effective May 26. L. 91, 2nd Ex. Sess.: (1.5) added, p. 82, § 3, effective October 16. L. 93: (1.5)(a)(II)(B) repealed, p. 333, § 3, effective April 12; (1.5)(a)(I) and (1.5)(a)(II)(A) amended, p. 1147, § 88, effective July 1, 1994. L. 94: (1.5) amended, p. 1561, § 10, effective July 1; (1.5)(a)(I) and (1.5)(a)(II)(A) amended, p. 2625, § 48, effective July 1. L. 2006: (1.5) amended, p. 2017, § 98, effective July 1. L. 2010: (1), (1.5), and (2) amended, (HB 10-1146), ch. 281, p. 1302, § 2, effective January 1, 2011. L. 2014: (1) amended and (6) added, (SB 14-012), ch. 248, p. 959, § 3, effective August 6. Editor's note: (1) Amendments made to subsection (1.5) by House Bill 94-1029 and Senate Bill 94-133 were harmonized. (2) Subsection (6)(h) provided for the repeal of subsection (6), effective July 1, 2017. (See L. 2014, p. 959.) Cross references: (1) For the legislative declaration contained in the 1993 act amending subsection (1.5)(a)(I) and (1.5)(a)(II)(A), see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (1.5)(a)(I) and (1.5)(a)(II)(A), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 14-012, see section 1 of chapter 248, Session Laws of Colorado 2014. (2) For the "Colorado Medical Assistance Act", see articles 4, 5, and 6 of title 25.5. 26-2-119.5. (Repealed) Health and medical care program - aid to the needy disabled. Source: L. 99: Entire section added, p. 700, § 5, effective July 1. L. 2004: (1) amended, p. 204, § 23, effective August 4. L. 2006: Entire section repealed, p. 1994, § 23, effective July 1. Colorado Revised Statutes 2019 Page 97 of 490 Uncertified Printout 26-2-119.7. Federal disability benefits - application assistance - fund - rules - report - legislative declaration. (1) (a) The general assembly finds that: (I) Federal disability benefits, including supplemental security income and social security disability insurance, help Coloradans with the most significant disabilities achieve stability by providing income for necessities, including housing; (II) The state aid to the needy disabled program provides two hundred seventeen dollars per month to individuals who cannot work due to a severe disability while the individuals are applying for federal disability benefits. With only two hundred seventeen dollars per month in income, aid to the needy disabled program participants struggle to meet their most basic needs. As a consequence, these participants are often homeless, in crisis, and unable to engage in sickness prevention or health maintenance activities, resulting in high-cost emergency room visits or other high-cost medical treatment. (III) Completing the application process for federal disability benefits is onerous. The application is complex and requires applicants to compile past medical records from medical providers. Applicants must also navigate the process while contending with debilitating mental and physical health conditions, and, for aid to the needy disabled program participants, the additional barrier of extreme poverty. (IV) Despite the extreme need for federal disability benefits, applicants who are ultimately determined to be eligible for federal disability benefits are often denied multiple times; (V) Delayed access to federal disability benefits often creates or prolongs homelessness or puts individuals at risk of homelessness. Fifty-seven percent of Colorado's chronically homeless population are persons with disabilities. (VI) Delayed access to federal disability benefits puts Coloradans with disabilities at increased risk of health crisis. Nationally, in federal fiscal year 2016, over ten thousand people died waiting to be approved for federal disability benefits. (VII) Assistance in applying for federal disability benefits significantly improves the rate of approval of initial applications and therefore reduces the time it takes for individuals to access federal disability benefits; and (VIII) Timely access to federal disability benefits improves the stability, health, and well-being of persons living with disabilities; reduces state spending on homeless services, preventable emergency health care, and other public programs; and boosts the state and local economies by providing federally funded support that recipients spend in Colorado cities and counties to meet their basic needs. (b) Therefore, the general assembly declares that it is necessary to help persons applying for or receiving aid to the needy disabled benefits in navigating the application process for federal disability benefits. (2) (a) The state department shall administer a program that may be implemented by county departments that helps individuals with disabilities navigate the application process for federal disability benefits. The program must assist individuals who are applying for or receiving aid to the needy disabled benefits pursuant to section 26-2-119. A county department may choose whether to participate in the program created in this section. (b) The state department shall allocate money appropriated pursuant to this section from the disability benefits application assistance fund, created in subsection (6) of this section, to Colorado Revised Statutes 2019 Page 98 of 490 Uncertified Printout participating county departments pursuant to state department rules promulgated pursuant to subsection (3)(a) of this section. (c) The assistance provided pursuant to the program may include: (I) Referrals to appropriate medical providers and other professionals whose assessments are required as part of an application for federal disability benefits; (II) Outreach to applicants to provide reminders and track progress on application requirements; (III) Assistance with compiling and drafting supporting documentation for an application for federal disability benefits; (IV) Assistance with completing and submitting an application for federal disability benefits; and (V) Assistance appealing denials of federal disability benefits. (3) (a) After receiving input from counties, a statewide association of county commissioners, and other relevant stakeholders, the state department shall promulgate rules establishing an allocation formula for money appropriated to the state department for purposes of this section. In establishing the allocation formula, the state department shall consider the number of aid to the needy disabled program participants in each participating county and the need to ensure that money appropriated for the program is available in every region of the state in which there are participating counties. (b) (I) For the 2019-20 fiscal year, notwithstanding the provisions of subsection (3)(a) of this section, the state department shall allocate money appropriated pursuant to subsection (7)(a) of this section to participating county departments with the highest need for assistance based on the number of aid to the needy disabled program participants and homeless persons in the county, as determined by the state department. (II) This subsection (3)(b) is repealed, effective July 1, 2020. (4) Pursuant to subsection (2) of this section, a county department allocated money pursuant to this section shall use the money to provide services to aid to the needy disabled program participants in the county or region. In implementing the program, a county department is permitted to collaborate with other counties or to contract with nonprofit organizations. Persons providing assistance to individuals with disabilities pursuant to this section shall have demonstrated expertise or receive adequate training in the federal disability benefits application process. (5) (a) The state department shall evaluate the program one year after its implementation, and every five years thereafter, to determine if the program is meeting the goals of the program, including but not limited to: (I) Assisting federal disability benefit applicants in submitting timely and complete applications; (II) Increasing the percentage of eligible applicants awarded federal disability benefits; (III) Reducing the average time to qualify for federal disability benefits; and (IV) Reducing the length of time that individuals with disabilities participate in the aid to the needy disabled program. (b) The state department shall submit the program evaluation required pursuant to subsection (5)(a) of this section to the joint budget committee of the general assembly, the public health care and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees. Notwithstanding the Colorado Revised Statutes 2019 Page 99 of 490 Uncertified Printout provisions of section 24-1-136 (11)(a)(I), reporting on the program evaluation pursuant to this section shall continue so long as the program is being evaluated. (6) (a) The disability benefits application assistance fund, referred to in this subsection (6) as the "fund", is created in the state treasury. The fund consists of money deposited in the fund in accordance with subsection (6)(b) of this section. (b) Any money appropriated from the general fund to the state department for the 202021 fiscal year, and for each fiscal year thereafter, for grants for the aid to the needy disabled program that is unexpended and unencumbered as of the close of the applicable fiscal year does not revert to the general fund and shall be transferred by the state treasurer and controller to the fund created in subsection (6)(a) of this section. (c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (d) Subject to annual appropriation by the general assembly, the state department shall expend money from the fund for the purposes described in this section. (7) (a) For the 2019-20 fiscal year, the general assembly shall appropriate one million four hundred fifty thousand dollars from the marijuana tax cash fund, created in section 39-28.8501, to the state department for the purposes described in subsection (3)(b) of this section and for the direct and indirect costs associated with administering and evaluating the program. (b) For any fiscal year in which the money in the fund is insufficient, the general assembly shall appropriate money from the general fund to the state department for the purposes described in this section. Source: L. 2019: Entire section added, (HB 19-1223), ch. 389, p. 3457, § 1, effective August 2. 26-2-120. Amount of assistance payments - aid to the blind. (1) The amount of assistance payments that shall be granted to a recipient under the program for aid to the blind shall be on the basis of budgetary need, as determined by the county department with due regard to any income, property, or other resources available to the recipient, within available appropriations, and in accordance with rules of the state department. The rules of the state department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources. (1.5) and (2) (Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1303, § 3, effective January 1, 2011.) (3) Repealed. (4) Every recipient of aid to the blind shall submit to a reexamination as to his eyesight at least once every three years, unless excused therefrom by the state department, and at other times when required to do so by the county department or the state department. He shall furnish any medical information required by the county department or the state department. (5) Repealed. (6) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law. Colorado Revised Statutes 2019 Page 100 of 490 Uncertified Printout Source: L. 73: R&RE, p. 1190, § 2. C.R.S. 1963: § 119-3-20. L. 75: (1) amended, (3) and (5) repealed, and (6) added, pp. 890, 893, 891, §§ 10, 14, 11, effective July 28. L. 77: (6) R&RE, p. 1347, § 4, effective May 26. L. 91, 2nd Ex. Sess.: (1.5) added, p. 82, § 4, effective October 16. L. 93: (1.5)(a)(II)(B) repealed, p. 333, § 4, effective April 12. L. 94: (1.5) amended, p. 1561, § 11, effective July 1; (1.5)(a)(I) amended, p. 2704, § 262, effective July 1. L. 2006: (1.5) amended, p. 2017, § 99, effective July 1. L. 2010: (1), (1.5), and (2) amended, (HB 101146), ch. 281, p. 1303, § 3, effective January 1, 2011. Editor's note: Amendments to subsection (1.5) by House Bill 94-1029 and Senate Bill 94-133 were harmonized. Cross references: For the legislative declaration contained in the 1994 act amending subsection (1.5)(a)(I), see section 1 of chapter 345, Session Laws of Colorado 1994. 26-2-121. Expenses of treatment to prevent blindness or restore eyesight. Temporary assistance may be granted by the county department to any applicant for aid to the blind or additional assistance granted to any recipient of aid to the blind who is in need of treatment either to prevent blindness or to restore his eyesight, whether or not he is blind as defined by section 26-2-103 (3) and the rules and regulations of the state department, if he is otherwise qualified for aid to the blind under this article. The temporary assistance may include necessary traveling expenses and other expenses to receive treatment from a hospital or clinic designated by the state department. Such payment shall be allowed and paid in the same manner as aid to the blind provided by this article and shall be subject to reimbursement by the state in the same manner as such aid to the blind. Source: L. 73: R&RE, p. 1190, § 2. C.R.S. 1963: § 119-3-21. 26-2-122. Public assistance in the form of social services. (1) Subject to available appropriations, the state department may provide those services required by the social security act and applicable federal regulations. Subject to available appropriations, the state department may, by regulation, elect to provide those services which are optional under the social security act. (2) Eligible persons shall include those required to be eligible for services by the social security act and federal regulations. Subject to available appropriations, eligible persons may include those persons who are optionally eligible under federal law and regulations whom the state department, by regulation, includes as eligible persons. (3) The state department shall adopt budgetary standards from which a graduated schedule of fees shall be determined. Said fees shall be paid by persons who receive social services and who have the financial ability to pay in accordance with the schedule of fees established by the state department. (4) The state department shall prepare and submit to the secretary of the federal department of health and human services a state plan for services that meets the requirements of the social security act, federal regulations, and this section. The state department shall administer the program for services in accordance with the social security act, federal regulations, and this section. Colorado Revised Statutes 2019 Page 101 of 490 Uncertified Printout Source: L. 73: R&RE, p. 1191, § 2. C.R.S. 1963: § 119-3-22. L. 75: Entire section R&RE, p. 899, § 2, effective June 26. L. 97: (4) amended, p. 1233, § 21, effective July 1. 26-2-122.3. Adult foster care and home care allowance. (1) (a) (I) The state department, subject to available appropriations, may provide adult foster care for persons eligible to receive old age pension, aid to the needy disabled, or aid to the blind. For purposes of this paragraph (a), "adult foster care" means care and services that, in addition to room and board, may include, but are not limited to, personal services, recreational opportunities, transportation, utilization of volunteer services, and special diets. Such care and services are provided to recipients of federal supplemental security income benefits who are also eligible for the Colorado supplement program for aid to the needy disabled or aid to the blind and who do not require skilled nursing care or intermediate health care and cannot remain in or return to their residences but who need to reside in a supervised nonmedical setting on a twenty-four-hour basis. Those persons with intellectual and developmental disabilities as defined in section 25.510-202, C.R.S., or who are receiving or are eligible to receive services pursuant to article 10 of title 25.5, C.R.S., or any provision of title 27, C.R.S., do not qualify for adult foster care under this paragraph (a). (II) Adult foster care facilities shall be licensed by the department of public health and environment pursuant to section 25-27-105, C.R.S. (b) (I) Except as provided in subparagraph (II) of this paragraph (b), the state department, subject to available appropriations, may provide home care allowance for persons who meet the functional impairment and financial eligibility criteria as established by the state department by rule and: (A) Were receiving old age pension benefits and home care allowance on the day prior to January 1, 2014, and remain continuously eligible for such benefits; or (B) Are receiving aid to the needy disabled, aid to the blind, or supplemental social security income benefits. (II) Persons eligible to receive home- and community-based services pursuant to article 6 of title 25.5, C.R.S., shall not be eligible for home care allowance under this paragraph (b). (III) For the purposes of this paragraph (b), "home care allowance" is a program that provides payments, subject to available appropriations, to functionally impaired persons who meet the criteria specified in subparagraph (I) of this paragraph (b) as determined in accordance with rules. The payments allow recipients who are in need of long-term care to purchase community-based services as defined in rules adopted by the state department. These services may include, but need not be limited to, the supervision of self-administered medications, assistance with activities of daily living as defined in section 25.5-6-104 (2)(a), C.R.S., and assistance with instrumental activities of daily living as defined in section 25.5-6-104 (2)(g), C.R.S. The rules adopted by the state department shall specify, in accordance with the provisions of this section, the services available under the program and shall specify eligibility criteria for the home care allowance program. In addition, the rules shall specifically provide for a determination as to the person's functional impairment and the person's unmet need for paid care and shall address amounts awarded to persons eligible for home care allowance. The state department shall specify in the rules the methods for determining the unmet need for paid care and the amount of a home care allowance that may be awarded to eligible persons. Such methods may be based on how often a person experiences unmet need for paid care or any other method Colorado Revised Statutes 2019 Page 102 of 490 Uncertified Printout that the state board determines is valid in correlating unmet need for paid care with an amount of a home care allowance award. The state department shall require that eligibility and unmet need for paid care be determined through the use of a comprehensive and uniform client assessment instrument prescribed by the state department. The state department may adjust income eligibility criteria, including any functional impairment standard, or the amounts awarded to eligible persons or may limit or suspend enrollments as necessary to manage the home care allowance program within the funds appropriated by the general assembly. In addition, the state department may adjust which services are available under the program; except that the adjustment shall be consistent with the provisions of this subsection (1). (c) The state department is authorized to implement pilot programs that it deems feasible to assess the overall impact, if any, of using alternatives to the method described in paragraph (b) of this subsection (1) for determining an eligible person's unmet need for paid care and the amount of a home care allowance awarded to an eligible person. (2) The state department shall administer the adult foster care program and the home care allowance program. The executive director or the state board, as appropriate, shall promulgate rules necessary for the implementation of this section. (3) (Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1304, § 4, effective January 1, 2011.) (4) Repealed. (5) The state department shall contract with the single entry point agencies for functions of the home care allowance and adult foster care programs pursuant to the terms of the contract or rule of the state department. Source: L. 93: Entire section added, p. 1114, § 25, effective July 1, 1994. L. 94: Entire section amended, p. 1562, § 12, effective July 1; (1)(a) amended, p. 2612, § 16, effective July 1. L. 95: (1)(b) amended and (1)(c) added, p. 904, § 4, effective May 25. L. 2001: (1)(b) amended, p. 126, § 1, effective March 23. L. 2006: Entire section amended, p. 1994, § 24, effective July 1. L. 2008: (1) amended, p. 438, § 2, effective August 5. L. 2010: (5) amended, (HB 10-1146), ch. 281, p. 1305, § 5, effective July 1; (1)(a)(I), (1)(b), and (3) amended, (HB 10-1146), ch. 281, p. 1304, § 4, effective January 1, 2011; (1)(b)(I) amended, (HB 10-1146), ch. 281, p. 1305, § 6, effective January 1, 2014. L. 2013: (1)(a)(I) amended, (HB 13-1314), ch. 323, p. 1811, § 50, effective March 1, 2014. Editor's note: (1) Amendments made to subsection (1)(a) by House Bill 94-1029 and Senate Bill 94-133 were harmonized. (2) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2007. (See L. 2006, p. 1994.) (3) Section 8 of chapter 281, Session Laws of Colorado 2010, provides that amendments to subsection (1)(b)(I) in section 6 of said chapter 281 shall take effect upon the earlier of January 1, 2014, or the date upon which the revisor of statutes receives certain notification from the executive director of the department of health care policy and financing. The revisor of statutes did not receive the notification; therefore, amendments to subsection (1)(b)(I) by section 6 of chapter 281 took effect January 1, 2014. Colorado Revised Statutes 2019 Page 103 of 490 Uncertified Printout Cross references: For the legislative declaration contained in the 1993 act enacting this section, see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (1)(a), see section 1 of chapter 345, Session Laws of Colorado 1994. 26-2-122.4. Home care allowance grant program - rules - report - repeal. (1) There is hereby established in the state department the home care allowance grant program, referred to in this section as the "program", to provide assistance to certain individuals who were receiving home care allowance but are no longer eligible to receive such assistance. To be eligible for a grant under the program, an individual shall: (a) Have been receiving home care allowance under section 26-2-122.3 at any time during the period beginning September 1, 2011, and ending December 31, 2011; (b) No longer be eligible to receive home care allowance because the individual is on either the home- and community-based supported living services waiver or the children's extensive services waiver, or any successor waiver; (c) Have been within one thousand dollars of his or her maximum benefit under the applicable waiver at any time during the period beginning September 1, 2011, and ending December 31, 2011; (d) Meet any other eligibility requirements established by the state board by rule; and (e) Submit an application to the state department. (2) (a) As soon as practicable after March 22, 2012, the state board shall adopt rules governing the program, including but not limited to information required in an application, standards for eligibility, requirements for eligibility redeterminations, and the amount of any grant. (b) Subject to available appropriations, the state department may provide to an individual eligible pursuant to subsection (1) of this section a grant in an amount consistent with the benefits available for an eligible person under the home care allowance program. For eligible individuals, the grants may be made retroactive to January 1, 2012. The state department shall administer the program in a manner that will facilitate rapid implementation and minimize administrative costs. (3) It is the intent of the general assembly that moneys for the program come from the moneys appropriated for home care allowance benefits and that any moneys appropriated for the program that are unused may be used to provide additional benefits under the home care allowance program. (4) (a) On or before October 15, 2016, the state department shall submit a written report on the program to the health and human services committee of the senate, or any successor committee, the health and environment committee of the house of representatives, or any successor committee, and to the joint budget committee of the general assembly. As part of the report, the state department shall solicit feedback from grant recipients and their families. The report shall include information on the number of grant recipients, the cost of the program, and the effect of repeal of the program on grant recipients and their families. (b) This section is repealed one year after the date that a consumer-directed service delivery option is available for homemaker, personal care, and medical support services for individuals who are receiving home-based and community-based services pursuant to the supported living services waiver. The executive director of the state department and the Colorado Revised Statutes 2019 Page 104 of 490 Uncertified Printout executive director of the department of health care policy and financing shall jointly notify the revisor of statutes in writing when the condition specified in this subsection (4)(b) has occurred by e-mailing the notice to revisorofstatutes.ga@state.co.us. This section is repealed upon the date identified in the notice that the condition specified in this subsection (4)(b) occurred or upon the date of the notice to the revisor of statutes if the notice does not specify a different date. Source: L. 2012: Entire section added, (HB 12-1177), ch. 45, p. 159, § 1, effective March 22. L. 2017: (4)(b) amended, (HB 17-1045), ch. 340, p. 1808, § 1, effective June 5. 26-2-122.5. Acceptance of available money to finance the low-income energy assistance program - rules. (1) (Deleted by amendment, L. 97, p. 1234, § 22, effective July 1, 1997.) (2) The executive director of the state department, or said director's designee, is hereby authorized to accept any private contributions, including contributions from the fund created in section 40-8.5-104, C.R.S., and any federal grants, and to expend the same, subject to appropriation, for the purpose of increasing available funds under the low-income energy assistance program. (3) Notwithstanding the availability of additional money pursuant to subsection (2) of this section, the low-income energy assistance program must be administered within the staffing structure, in existence on July 1, 1991, of the state department of human services and county departments of human or social services, without additional FTE. Source: L. 91: Entire section added, p. 1900, § 1, effective July 1. L. 94: (3) amended, p. 2704, § 263, effective July 1. L. 97: Entire section amended, p. 1234, § 22, effective July 1. L. 2018: (3) amended, (SB 18-092), ch. 38, p. 447, § 118, effective August 8. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-2-123. Removal to another county. (1) Any recipient who becomes a resident of another county in this state shall be entitled to receive all forms of public assistance that are provided in the county to which the recipient transfers and for which he or she is eligible, and the county department of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the county department of the county to which he or she has moved, pursuant to the rules of the state department. (2) The county to which a recipient moves is required to provide only those services and benefits under the Colorado works program created in part 7 of this article as are stipulated in the receiving county's performance contract. Source: L. 73: R&RE, p. 1191, § 2. C.R.S. 1963: § 119-3-23. L. 77: Entire section amended, p. 1348, § 1, effective April 25. L. 97: Entire section amended, p. 1234, § 23, effective July 1. Colorado Revised Statutes 2019 Page 105 of 490 Uncertified Printout 26-2-124. Reconsideration and changes. (1) All assistance payments and social services provided under this article shall be reconsidered as frequently as and in the manner required by rules and regulations of the state department. After such further verification and record as the county department may deem necessary or the rules and regulations of the state department may require, the amount of assistance payments or the social services provided may be changed, or public assistance may be terminated, if the state department or the county department finds that the recipient's circumstances have altered sufficiently to warrant such action or if changes in state or federal law have been made which would warrant such action. (2) In accordance with the rules and regulations of the state department, the county department may terminate public assistance at any time for cause, or it may, for cause, suspend public assistance for such period as it may deem proper. Timely notice to persons receiving public assistance, when in fact they are not eligible due to fraudulent acts, may be given five days before the date of a proposed action, in accordance with federal regulations. (3) Whenever assistance payments are terminated, suspended, or in any way changed, the county department shall at once report such decision to the recipient and to the state department setting forth the reason for such action. All such decisions shall be subject to review by the state department in accordance with the rules and regulations of the state department. Source: L. 73: R&RE, p. 1191, § 2. C.R.S. 1963: § 119-3-24. L. 77: (2) amended, p. 1335, § 5, effective July 15. L. 83: (1) amended, p. 1120, § 1, effective April 29. 26-2-125. Colorado works cases - vendor payments. The county department, upon reconsideration in cases involving the Colorado works program as provided in section 26-2-124, may authorize direct payment to vendors of the portion of the assistance grant budgeted for essential services and subsistence items for the children, if evidence has been accumulated that the relative payee is using that portion of the grant provided for the care, maintenance, and welfare of the children for other purposes. Source: L. 73: R&RE, p. 1192, § 2. C.R.S. 1963: § 119-3-25. L. 97: Entire section amended, p. 1235, § 24, effective July 1. 26-2-126. Evidentiary conference. (Repealed) Source: L. 73: R&RE, p. 1192, § 2. C.R.S. 1963: § 119-3-26. L. 97: Entire section repealed, p. 1321, § 4, effective July 1. 26-2-127. Appeals. (1) (a) (I) Except as provided in part 7 of this article, if an application for assistance payments is not acted upon by the county department within a reasonable time after filing of the same, or if an application is denied in whole or in part, or if a grant of assistance payments is suspended, terminated, or modified, the applicant or recipient, as the case may be, may appeal to the state department in the manner and form prescribed by the rules of the state department. Every county department or service delivery agency shall adopt procedures for the resolution of disputes arising between the county department or the service delivery agency and any applicant for or recipient of public assistance prior to appeal to the state department. Such procedures are referred to in this section as the "dispute resolution process". Colorado Revised Statutes 2019 Page 106 of 490 Uncertified Printout Two or more counties may jointly establish the dispute resolution process. The dispute resolution process shall be consistent with rules promulgated by the state board pursuant to article 4 of title 24, C.R.S. The dispute resolution process shall include an opportunity for all clients to have a county conference, upon the client's request, and such requirement may be met through a telephonic conference upon the agreement of the client and the county department. The dispute resolution process need not conform to the requirements of section 24-4-105, C.R.S., as long as the rules adopted by the state board include provisions specifically setting forth expeditious time frames, notice, and an opportunity to be heard and to present information. If the dispute is not resolved, the applicant or recipient may appeal to the state department in the manner and form prescribed by the rules of the state department. Whether at the county level, state level, or both, disputes related to the delivery of assistance under the Colorado works program established pursuant to part 7 of this article shall be decided in accordance with the rules promulgated by the state board pursuant to this subparagraph (I) and with the county's official written policies adopted pursuant to section 26-2-716 (2.5), which policies govern delivery of assistance under such program. The state board shall adopt rules setting forth what other issues, if any, may be appealed by an applicant or recipient to the state department. County notices to applicants or recipients shall inform them of the basis for the county's decision or action and shall inform them of their rights to a county conference under the dispute resolution process and of their rights to state level appeal and the process of making such appeal. A hearing need not be granted when either state or federal law requires or results in an automatic grant adjustment for classes of recipients, unless the reason for an individual appeal is incorrect grant computation. (II) Upon receipt of an appeal, the state department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with rules of the state department. Any such fair hearing shall comply with section 24-4-105, C.R.S., and the state department's administrative law judge shall preside. (III) The appellant shall have an opportunity to examine all applications and pertinent records concerning said appellant that constitute a basis for the denial, suspension, termination, or modification of assistance payments. (IV) The appellant may represent himself or herself or he or she may be represented by legal counsel, or by a relative, friend, or other spokesman, and such representation by nonlawyers shall not be considered to be the practice of law. (b) The state department, by its rules, may provide for fair hearings and appeals for applicants for and recipients of social services. (c) (Deleted by amendment, L. 97, p. 1317, § 1, effective July 1, 1997.) (2) All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department. (3) The state department, the department of health care policy and financing, and the office of administrative courts in the department of personnel shall work together to streamline the process for the appeal of disputes that are not resolved at the county level and shall consider proposed legislative changes or federal waivers for the Colorado works program pursuant to part 7 of this article in order to address changes in the appeals process to avoid or mitigate expenses to counties of maintaining benefits during the pendency of state-level appeals. (4) The state department is authorized to apply to the United States department of agriculture and the health care financing administration for waivers to develop a process for Colorado Revised Statutes 2019 Page 107 of 490 Uncertified Printout appeals that ensures that issues may be consolidated at the local and state levels. In applying for the waiver, the state department shall demonstrate that due process considerations are addressed through other appeal mechanisms. Source: L. 73: R&RE, p. 1192, § 2. C.R.S. 1963: § 119-3-27. L. 77: (1)(a)(I) amended, p. 1349, § 1, effective May 16. L. 87: (1)(a)(II) amended, p. 973, § 89, effective March 13. L. 97: (1)(a)(I) amended, p. 1235, § 25, effective July 1; entire section amended, p. 1317, § 1, effective July 1. L. 99: (1)(a)(I) amended, p. 303, § 2, effective April 15. L. 2005: (3) amended, p. 859, § 27, effective June 1. L. 2010: (3) amended, (HB 10-1043), ch. 92, p. 315, § 10, effective April 15. Editor's note: Amendments to subsection (1)(a)(I) by House Bill 97-1344 and Senate Bill 97-120 were harmonized. 26-2-128. Recovery from recipient - estate. (1) If, at any time during the continuance of public assistance, the recipient thereof becomes possessed of any property having a value in excess of that amount set pursuant to the provisions of section 26-2-109 and the rules of the state department or receives any increase in income, it shall be the duty of the recipient to notify the county department of the possession of such property or receipt of such income, and the county department may either terminate the public assistance or alter the amount of assistance payments in accordance with the circumstances and the rules of the state department. To the extent not otherwise prohibited by state or federal law, if the recipient is found to have committed an intentional program violation, the recipient is disqualified from participation in any public assistance program under this article for twelve months for the first incident, twenty-four months for a second incident, and permanently for a third or subsequent incident. Such disqualification is mandatory and is in addition to any other penalty imposed by law. Except as provided in subsections (3) and (4) of this section, any previously paid excess public assistance to which the recipient was not entitled shall be recoverable by the county as a debt due to the state and the county in proportion to the amount of public assistance paid by each respectively; except that any fraudulently obtained public assistance or fraudulently obtained overpayments of public assistance shall be recoverable and payable in proportionate shares as provided in section 26-1112 (2)(b), and interest shall be charged and paid to the county department on any sum fraudulently obtained, calculated at the legal rate and calculated from the date the recipient obtained such sum to the date such sum is recovered. The following remedies apply for the enforcement and collection of a debt for fraudulently obtained public assistance or fraudulently obtained overpayments of public assistance: (a) If the debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, or excess public assistance paid for which the recipient was ineligible has been reduced to a judgment in a court of record in this state, the county department may seek a continuing garnishment to collect the debt under article 54.5 of title 13, C.R.S. (b) If the person has received an overissuance of food stamp benefits resulting from fraud or willful misrepresentation that has not been recovered by repayment under section 13 (b)(1) of the federal "Food Stamp Act", as amended, the state shall recover the overissuance by withholding unemployment compensation to which the person is entitled pursuant to section 873-102 (6), C.R.S. Colorado Revised Statutes 2019 Page 108 of 490 Uncertified Printout (2) If, upon the death or mental incompetency of any recipient, the inventory of the recipient's estate shows assets in excess of the amount that the recipient was allowed to have in order to receive public assistance, or if it be shown that the recipient was otherwise ineligible for public assistance, then the claim of the county and state for the excess public assistance paid for which the recipient was ineligible, if filed as required by section 15-12-804, C.R.S., shall have priority as a debt given preference under section 15-12-805 (1)(f.7), C.R.S. (3) Except as provided in subsection (4) of this section, when a recipient was ineligible for assistance payments solely because of property in excess of that permitted by state department rules and regulations adopted pursuant to section 26-2-109, the amount for which he shall be liable shall be the amount by which his property exceeded the amount allowable under such rules and regulations or the total amount of assistance payments thus received by him, whichever is the lesser amount. Actions for the recovery of such sums shall be prosecuted by the county or state department in any court of record having jurisdiction thereof. (4) Notwithstanding subsections (1), (2), and (3) of this section, in any assistance case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to the county or state department or recovery by the county or state department from any person who is without fault and who has reported to the state department any increase in income or changes in resources or property, if such adjustment or recovery would deprive a person of income required for ordinary and necessary living expenses or would be against equity and good conscience. Overpayments in all cases involving a grant of aid to families with dependent children shall be recovered from the caretaker relative in the assistance unit who fraudulently obtained the public assistance or who was the direct payee of the overpayments or from such individual's estate. The state department and the county departments shall pursue all available overpayment recovery options against the caretaker relative in the assistance unit first and during this time all overpayment collection activities against the other overpaid members of the assistance unit shall be suspended. On March 26, 2002, the state department and the county departments shall cease any collection efforts being made against the children of an assistance unit in which public assistance was overpaid or fraudulently obtained by a caretaker relative if the caretaker relative has been located. The state and the county departments may elect not to attempt recovery of an overpayment from an individual no longer receiving public assistance where the overpayment amount is less than thirty-five dollars. Where the overpayment amount owed by an individual no longer receiving public assistance is thirty-five dollars or more, the state department and the county departments may determine, consistent with the six-year time limitation for the execution on judgments involving state debt, that it is no longer cost-effective to continue to pursue recovery of the overpayment. The state department and the county departments shall not pursue overpayment collection activities against children who have been part of a Colorado works program assistance unit. (5) (a) When a recipient, during or because of continuance of public assistance, receives excess assistance through fraudulent acts, the county department shall make regular deductions consistent with federal regulations from said recipient's monthly grant until the excess payment is fully recovered. (b) Repealed. (6) (a) The state department shall have a right to recover any amount of public assistance paid to a recipient because: Colorado Revised Statutes 2019 Page 109 of 490 Uncertified Printout (I) The trustee of a trust for the benefit of the recipient has used the trust property in a manner contrary to the terms of the trust; (II) A person holding the recipient's power of attorney has used the power for purposes other than the benefit of the recipient. (b) To enforce the right under this subsection (6), the county or state department may institute or intervene in legal proceedings against the trustee or person holding the power of attorney. Any amount of public assistance recovered pursuant to this subsection (6) shall be distributed between the state and county in proportion to the amount of public assistance paid by each respectively. (c) No action taken by the county or state department pursuant to this subsection (6) or any judgment rendered in such action or proceeding shall be a bar to any action upon the claim or cause of action of the recipient or his guardian, personal representative, estate, dependent, or survivors against the trustee or person holding the power of attorney. Source: L. 73: R&RE, pp. 1193, 1649, §§ 2, 12. C.R.S. 1963: § 119-3-28. L. 75: (1) and (3) amended and (4) added, p. 896, § 1, effective June 23. L. 77: (1) amended and (5) added, p. 1335, § 6, effective January 1, 1978. L. 79: (5)(b) repealed, p. 1093, § 2, effective June 21. L. 81: (6) added, p. 1373, § 1, effective May 18; (1) amended, p. 1371, § 2, effective June 5. L. 91: (4) amended, p. 1863, § 7, effective July 1. L. 94: (1) amended, p. 2063, § 5, effective July 1. L. 2002: (4) amended, p. 114, § 1, effective March 26. L. 2006: (1) and (2) amended, p. 946, § 1, effective August 7. Cross references: For the legislative intent contained in the 2006 act amending subsections (1) and (2), see section 8(2) of chapter 208, Session Laws of Colorado 2006. 26-2-129. Funeral - burial - cremation expenses - death reimbursement definitions. (1) The general assembly hereby finds and declares that, subject to available appropriations, the purposes of this section are the following: (a) To provide appropriate and equitable reimbursement of funeral, cremation, or burial expenses or any combination thereof associated with the final disposition of any deceased public assistance or medical assistance recipient; (b) To consider the religious and cultural preferences of the decedent and the decedent's family; (c) To assure that final disposition of a decedent is provided with dignity; (d) To ensure that reimbursement of a provider of funeral, cremation, or burial services is appropriately disbursed by the county department; (e) To provide that public funds are made available for reimbursement pursuant to this section only after it has been determined that there are insufficient resources from the estate of the decedent or the decedent's legally responsible family members to cover the funeral, cremation, or burial expenses; (f) To allow family members and friends of a decedent to contribute towards the charges of funeral, cremation, or burial expenses to the extent such contributions do not exceed the specified maximum combined charges for such expenses. (2) For purposes of this section, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 110 of 490 Uncertified Printout (a) "Contributions" means any monetary payment or donation made directly to the service provider or providers by a nonresponsible person to defray the expenses of a deceased public assistance or medical assistance recipient's funeral, cremation, or burial or any combination thereof. (b) "Death reimbursement" means the payment made by the county department to the provider of funeral, cremation, or burial services when adequate resources are not available from legally responsible persons or from the personal resources or income of the decedent or from contributions to cover the charges for funeral, cremation, or burial expenses of a deceased public assistance or medical assistance recipient. (c) "Decedent" means a deceased recipient of or applicant for public assistance or medical assistance who was receiving or was eligible to receive benefits at the time of death. (d) "Final resting place" means a space, either below or above the surface of the ground, for the interment or entombment of the remains of human bodies. (e) "Legally responsible person" means a person who: (I) Is the decedent's spouse or the decedent's parent if the decedent is an unemancipated minor who is under the age of eighteen; and (II) Bears legal responsibility for the charges associated with the decedent's funeral, cremation, or burial expenses. (f) "Maximum combined charges" means the total of all charges from all providers but in an amount not to exceed two thousand five hundred dollars. (g) "Mortuary science practitioner" means one engaged in, or holding himself or herself out as being engaged in or conducting, embalming or final disposition of dead human bodies. (h) "Nonresponsible person" means one of the following who makes a contribution to the charges for a funeral, cremation, or burial or any combination thereof: (I) A relative of the decedent who is not a legally responsible person; or (II) Any other person or party. (3) Subject to available appropriations, a death reimbursement covering reasonable funeral expenses or reasonable cremation or burial expenses or any combination thereof shall be paid by the county department for a decedent if the estate of the deceased is insufficient to pay such reasonable expenses and if the persons legally responsible for the support of the deceased are unable to pay such reasonable expenses. The county department shall be reimbursed eighty percent of the amount of the death reimbursement paid for recipients of aid to the needy disabled and assistance under the Colorado works program pursuant to part 7 of this article and shall be reimbursed one hundred percent of the amount of the death reimbursement for recipients of old age pensions. If the state department determines that the level of appropriation is insufficient to meet the demand for death reimbursements, the state department shall reduce the amount of the death reimbursement level to meet the amount appropriated by the general assembly for death reimbursements. In the event that such a reduction is made, the county department shall have no additional responsibility beyond the reimbursement level as defined in the state department's rules. (4) The total amount of a death reimbursement paid by the county department or state department pursuant to this section shall not exceed one thousand five hundred dollars and the combined charge of a funeral or cremation or burial or any combination thereof shall not exceed two thousand five hundred dollars. Contributions from nonresponsible persons may be made without jeopardizing payment under this section and shall be counted as an offset to the Colorado Revised Statutes 2019 Page 111 of 490 Uncertified Printout maximum combined charges of the providers. If the combined charges from the providers exceed two thousand five hundred dollars, no death reimbursement shall be paid by the state or county department. Providers may seek contributions from nonresponsible persons only to the extent that moneys are available from such parties. (5) A legally responsible person shall be required to participate financially towards the charges for final disposition through a contribution to the maximum death reimbursement if his or her resources are above the federal supplemental security income resource limits. A legally responsible person shall not be required to participate if he or she has fewer resources than the supplemental security income resource limits or if participation would result in fewer resources than the supplemental security income resource limits. Any financial participation from a legally responsible person shall be deducted from the maximum death reimbursement in the same manner as the personal resources of the decedent and shall not include the survivor's home or other excluded resources as provided for in the state department's rules. Any financial participation by a legally responsible person in excess of the legally required amount shall be used to reduce the amount of the maximum death reimbursement. Social security lump-sum death benefits payable to a legally responsible person shall not be an automatic deduction from the maximum death reimbursement. For purposes of this section, "resources" means: (a) Those assets or income that are accessible and available to the legally responsible person; (b) Disbursement of funds from any insurance policy of the decedent to a legally responsible person or nonresponsible person who is named as a beneficiary or a joint beneficiary of the decedent's policy. Nothing in this paragraph (b) shall grant authority to the county department to attach a lien against such funds or otherwise obtain or access these funds for payment of the final disposition of the decedent. (6) In calculating the amount of the death reimbursement, any personal resources or income of the decedent shall be counted as a deduction from the maximum allowable death reimbursement. For purposes of this section, personal resources or income of the decedent includes the following: (a) Any preneed contract for merchandise or services to be provided or performed in connection with the decedent's final disposition; (b) Any other resources or income accessible and available in the name of the decedent, including jointly owned resources or income but only to the extent of the decedent's share of such jointly owned resources or income; (c) Any death benefit in which reimbursement is directly paid to a provider of funeral, cremation, or burial services in connection with the decedent's final disposition. (7) (a) Ownership by a public assistance or medical assistance recipient of a final resting place, or the purchase thereof during the time the recipient is receiving that assistance, shall not disqualify the recipient from receiving that assistance, nor shall such ownership be deemed cause for any reduction in the amount of the recipient's assistance. (b) Any portion of the purchase price of a final resting place owned by the decedent in excess of two thousand dollars shall be counted as a personal resource of the decedent in calculating the amount of a death reimbursement pursuant to this section. (c) A final resting place previously acquired by someone other than the decedent and donated for final disposition of that decedent shall not be counted as a personal resource of the Colorado Revised Statutes 2019 Page 112 of 490 Uncertified Printout decedent or a legally responsible person in calculating the amount of a death reimbursement pursuant to this section. (8) A statement of agreement between the providers that shall be on a form prescribed by the state department that sets forth the charges and the amounts of any payments or contributions shall be completed prior to any disbursement of funds by the county. The agreement shall assure that the charges of all providers have been equitably addressed and shall ascertain that the maximum combined charges do not exceed two thousand five hundred dollars and that the combined contributions from all sources do not exceed two thousand five hundred dollars. All payments from a decedent's estate, payments from legally responsible persons, and contributions from nonresponsible persons shall be paid directly to the provider of services. After the provision of all services, the providers shall bill the county department directly for reimbursement for appropriate costs that have not been covered by the resources from or contributions made by the decedent's estate, legally responsible persons, or nonresponsible persons. The county department shall reimburse the appropriate providers directly, based upon the statement of agreement. (9) (a) Notwithstanding any other provision of law to the contrary, the disposition of a deceased public assistance or medical assistance recipient shall be in accordance with subparagraph (I) or (II) of this paragraph (a), as follows: (I) A public assistance or medical assistance recipient may express, in writing and in accordance with a procedure established by the state department, a preference to be buried or cremated or both. Such expression shall be honored by the county department within the limits of costs and reimbursements specified in this section. (II) The disposition of a public assistance or medical assistance recipient who has not expressed a preference shall be determined respectively by such recipient's spouse, adult children, parents, or siblings. Upon the death of a recipient, the county department shall use reasonable effort to contact such an authorized person to determine the disposition of the deceased recipient. If such effort does not result in contact with an authorized relative within twenty-four hours, the county shall immediately have the deceased recipient's body refrigerated or embalmed. If such effort does not result in contact with and decision by an authorized relative within seven days of the recipient's death, the county department shall determine whether to bury or cremate the deceased recipient on the basis of which option is less costly. (b) The disposition of any public assistance or medical assistance recipient in accordance with this subsection (9) shall be in a timely and dignified manner. (c) A mortuary science practitioner or any operator of any cemetery who has contracted for cremation services pursuant to this subsection (9) may dispose of the remains of any public assistance or medical assistance recipient cremated pursuant to this section that are not claimed within one hundred twenty days from the date of cremation. For the purposes of this paragraph (c), disposal of remains shall include, but need not be limited to, placing such remains in a cemetery, scattering grounds, or columbarium. (10) The state department shall: (a) Adopt rules and regulations necessary for the implementation of this section; and (b) (Deleted by amendment, L. 96, p. 1114, § 1, effective August 7, 1996.) (c) Annually review reimbursement levels to determine whether such levels are adequate to purchase funeral, cremation, or burial services for deceased public assistance or medical assistance recipients. Colorado Revised Statutes 2019 Page 113 of 490 Uncertified Printout (11) Notwithstanding any other provision of law to the contrary, any person who, in good faith, disposes of a deceased recipient or the remains of a deceased recipient in accordance with this section shall be immune from any civil or criminal liability. Source: L. 73: R&RE, p. 1193, § 2. C.R.S. 1963: § 119-3-29. L. 75: Entire section amended, p. 886, § 3, effective July 1. L. 83: (4) amended, p. 1121, § 1, effective June 10. L. 86: (2) and (4) amended, p. 991, § 1, effective April 21. L. 90: (1) and (3) amended, (2) R&RE, and (5) to (7) added, pp. 1365, 1366, §§ 1, 2, effective July 1. L. 93: (5)(a)(I) and IP(6) amended, p. 1148, § 89, effective July 1, 1994. L. 96: Entire section amended, p. 1114, § 1, effective August 7. L. 2003: (2)(g) amended, p. 1924, § 4, effective July 1. L. 2010: (3) amended, (HB 10-1043), ch. 92, p. 316, § 11, effective April 15. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-2-130. Fraudulent acts. (Repealed) Source: L. 73: R&RE, p. 1194, § 2. C.R.S. 1963: § 119-3-30. L. 77: Entire section repealed, p. 1335, § 7, effective January 1, 1978. Cross references: For present provisions relating to fraudulent acts in obtaining public assistance, see § 26-1-127. 26-2-131. Public assistance not assignable. No assistance payments made to an eligible recipient under this article shall be transferable or assignable at law or in equity, and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law. Source: L. 73: R&RE, p. 1195, § 2. C.R.S. 1963: § 119-3-31. 26-2-132. Limitation. All public assistance granted under this article shall be granted and held subject to the provisions of any amending or repealing law that may be passed after July 1, 1973, and no recipient shall have any claim for compensation or otherwise by reason of his public assistance being affected in any way by any amending or repealing law. Source: L. 73: R&RE, p. 1195, § 2. C.R.S. 1963: § 119-3-32. 26-2-133. State income tax refund offset - rules. (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 are obligated to the state for overpayment of benefits pursuant to the "Colorado Human Services Code". Such information shall include certification of the amount of overpayment which has been determined by final agency action or has been ordered by a court as restitution or has been reduced to judgment. Colorado Revised Statutes 2019 Page 114 of 490 Uncertified Printout (b) Such information shall also include the name and the social security number of the person obligated to the state for the overpayment, the amount of same, and any other identifying information required by the department of revenue. (2) As a condition of certifying an overpayment to the department of revenue as provided in subsection (1) of this section, the state department shall ensure that the obligated person has been afforded the opportunity for a conference at the county department level pursuant to section 26-2-127 or 25.5-4-207, C.R.S., and the opportunity for an appeal to the state department pursuant to section 26-2-127 or 26-2-304. In addition, the state department, prior to final certification of the information specified in subsection (1) of this section to the department of revenue, shall notify the obligated person, in writing, at his last known address, that the state intends to refer the person's name to the department of revenue in an attempt to offset the obligation against the person's state income tax refund. Such notification shall inform the obligated person of the opportunity for a conference with the county department pursuant to section 26-2-127 or 25.5-4-207, C.R.S., and of the opportunity for an appeal to the state department pursuant to section 26-2-127 or 26-2-304. In addition, the notice shall specify issues that may be raised at an evidentiary conference or on appeal, as provided by this subsection (2), by the obligated person in objecting to the offset and shall specify that the obligated person may not object to the fact that an overpayment occurred. A person who has received a notice pursuant to this subsection (2) shall request, within thirty days from the date such notice was mailed, an administrative review or evidentiary conference, as provided in this subsection (2). (3) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108, C.R.S., the state department shall disburse such amounts to the appropriate county for processing for distribution to the federal, state, or local agency to whom the person is obligated. (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. (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, must be sent to the respective county department of human or social services. Source: L. 89: Entire section added, p. 1192, § 1, effective June 7. L. 91: (2) amended, p. 1885, § 1, effective April 20. L. 93: (2) amended, p. 1788, § 71, effective June 6. L. 97: (2) amended, p. 1321, § 6, effective July 1; (5) amended, p. 1235, § 26, effective July 1. L. 2006: (2) amended, p. 2017, § 100, effective July 1. L. 2016: (1)(a) amended, (SB 16-189), ch. 210, p. 775, § 71, effective June 6. L. 2018: (5) amended, (SB 18-092), ch. 38, p. 447, § 119, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-2-134. Checks, drafts, or orders for payment of moneys for public assistance identification of bearer. (1) To prevent the fraudulent obtainment of public assistance, a person receiving any check, draft, or order for the payment of money issued for any payment for a public assistance program under this article may not cash or accept the check, draft, or order unless the bearer of the check, draft, or order presents proof of identification demonstrating that Colorado Revised Statutes 2019 Page 115 of 490 Uncertified Printout the bearer is the proper recipient of the public assistance payment. The recipient of the check, draft, or order shall provide notation on the check, draft, or order regarding the identification provided by the bearer. (2) Proof of identification for a public assistance payment under subsection (1) of this section may be demonstrated only by the presentation of one of the following documents: (a) A valid driver's license issued by any state; (b) A valid identification card issued by any state or federal agency; (c) A social security card; (d) A military identification card issued by the armed forces of the United States; (e) A valid passport issued by the United States; (f) A valid county social services identification card; or (g) A valid identification card issued by an employer. (3) If any person cashes or accepts a check, draft, or order for the payment of money without proper identification in violation of the provisions of this section, the appropriate state agency may determine not to make payment on the check, draft, or order if there is an allegation of fraud regarding the check, draft, or order for the payment of money, and, if there is a determination that payment should not be made, the state and any state agency are not liable for payment of the check, draft, or order. Source: L. 94: Entire section added, p. 2064, § 6, effective July 1. 26-2-135. Medically correctable program - fund established - rules. (1) On or before January 1, 1997, the state department shall make preparations for the implementation of a statewide medically correctable program, referred to in this section as the "program". Such preparations shall include but are not limited to staff training, policy development, and rulemaking pursuant to article 4 of title 24, C.R.S. (2) On and after January 1, 1997, the program shall be applicable to a person who: (a) Has been approved for state aid to the needy disabled; (b) Is determined to be unlikely to meet the disability criteria for supplemental security income; (c) Has a disability that can be corrected with medical treatment at a cost that does not exceed twenty thousand dollars so that the person can return to employment; and (d) Is not otherwise receiving workers' compensation benefits. (3) The program shall consist of the following features: (a) A process by which the state department shall determine whether a person qualifies to receive medical treatment so that the person can return to work; (b) A set of procedures for monitoring a person's recovery from the medical treatment and return to work after participating in the program; and (c) Annual reports to the joint budget committee and the house and senate committees on health and human services, or any successor committees, that identify the number of persons who received medical treatment pursuant to the program in the preceding fiscal year, their recovery rates and return to the workforce, and the amount of moneys spent on the program. (4) The cost of the medical treatment identified in paragraph (c) of subsection (2) of this section shall not be a benefit for purposes of articles 40 to 47 of title 8, C.R.S. (5) (Deleted by amendment, L. 99, p. 699, § 4, effective July 1, 1999.) Colorado Revised Statutes 2019 Page 116 of 490 Uncertified Printout Source: L. 96: Entire section added, p. 1438, § 8, effective July 1. L. 99: Entire section amended, p. 699, § 4, effective July 1. L. 2007: (3)(c) amended, p. 2044, § 76, effective June 1. Cross references: For the legislative declaration contained in the 1999 act amending this section, see section 1 of chapter 203, Session Laws of Colorado 1999. 26-2-136. Personal identification systems for public assistance - committee to select methods. (Repealed) Source: L. 97: Entire section added, p. 345, § 2, effective April 19. L. 2001: (2) amended, p. 1169, § 2, effective August 8. L. 2006: (2) and (3) amended, p. 1996, § 25, effective July 1. L. 2013: Entire section repealed, (HB 13-1300), ch. 316, p. 1690, § 82, effective August 7. 26-2-137. Noncitizens programs. (1) Emergency assistance. (a) (I) A general assistance fund is hereby established that shall consist of state general funds appropriated thereto by the general assembly. Moneys in the fund shall be used only for the purpose of providing emergency assistance pursuant to the provisions of this subsection (1) and shall be subject to annual appropriation by the general assembly. (II) The state department shall allocate moneys in the fund described in subparagraph (I) of this paragraph (a) to the counties for the implementation of the emergency assistance program pursuant to the provisions of this subsection (1) and rules of the state department. (b) The state department shall promulgate rules for the delivery of emergency assistance to a person who: (I) Is a legal immigrant and a resident of the state of Colorado; (II) Is not a citizen of the United States; and (III) Meets the eligibility requirements for public assistance under this article other than citizen status and is not receiving any other public assistance under this article. (c) Such emergency assistance may include but need not be limited to the following forms of assistance: (I) Housing; (II) Food; (III) Short-term cash assistance; and (IV) Clothing and social services for children. (2) Sponsor responsibility policies. (a) The general assembly finds and declares that sponsors shall be expected to meet their moral and financial commitments to the immigrants whom they sponsor and for whom they sign affidavits of support. (b) The state department shall promulgate rules consistent with this section and federal law to enforce sponsor commitments for noncitizen applicants for or recipients of public assistance or medical assistance. (c) Enforcement mechanisms shall include but not be limited to the following: (I) Income assignment; (II) State income tax refund offset; (III) State lottery winnings offset; and (IV) Administrative lien and attachment. Colorado Revised Statutes 2019 Page 117 of 490 Uncertified Printout (d) A recipient shall assign rights to any support under affidavits of support to the state of Colorado as a condition of receipt of public assistance or medical assistance under this title. (e) To the extent not preempted by federal law, the state department shall commence a proceeding or an action to enforce duties under an affidavit of support within a period of time to be determined by the state board after a recipient for whom an affidavit of support has been signed has been approved for public assistance or medical assistance under this title. Source: L. 97: Entire section added, p. 1252, § 3, effective July 1. 26-2-138. Refugee services program - state plan - rules - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Federal act" means Title IV of the federal "Immigration and Nationality Act", 8 U.S.C. sec. 1521 et seq., as amended, including any federal rules adopted pursuant to the federal act. (b) "Program" means the Colorado refugee services program established pursuant to subsection (2)(a) of this section. (c) "State plan" means Colorado's refugee services plan, described in subsection (2)(b) of this section. (2) (a) The Colorado refugee services program is established in the state department. The program must be administered in accordance with the state plan developed by the state department and approved by the federal office of refugee resettlement within the federal department of health and human services pursuant to the federal act. (b) The state department is the single state agency responsible for the development, review, and administration of the state plan. (3) The program must provide the following, in accordance with the federal act and the state plan: (a) Refugee cash assistance; (b) Refugee medical assistance; (c) Refugee social services, which may include but are not limited to employment services, employability assessments, English language instruction, vocational training, skills recertification, and case management services related to employment; and (d) Any other services or assistance consistent with the federal act. (4) The program may provide other services or assistance to support refugee resettlement and integration. (5) The state department shall adopt rules, in accordance with article 4 of title 24, to implement this section. (6) The general assembly may appropriate funds to the state department for the administration of the program. Source: L. 2019: Entire section added, (SB 19-230), ch. 297, p. 2755, § 2, effective August 2. Cross references: For the legislative declaration in SB 19-230, see section 1 of chapter 297, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 118 of 490 Uncertified Printout PART 2 COLORADO SUPPLEMENTAL SECURITY INCOME ACT 26-2-201. Short title. This part 2 shall be known and may be cited as the "Colorado Supplemental Security Income Act". Source: L. 75: Entire part added, p. 891, § 12, effective July 28. 26-2-202. Legislative declaration. (1) It is the intent of this part 2 to implement a state supplementation program pursuant to Title XVI of the social security act. It is the object and purpose of this part 2 to promote the public health and welfare of individuals who are residents of Colorado and whose need results from age, blindness, or disability with assistance and services to assist such individuals to attain or retain their capabilities for independence, self-care, and self-support. (2) The state supplementation shall be accomplished by providing mandatory assistance, as defined in this part 2, where required and by providing optional supplementation in accordance with Title XVI of the social security act and regulations adopted by the state board, within available appropriations. Title XVI of the social security act currently permits, in the determination of eligibility for benefits under that title, the disregard of certain payments which a Title XVI recipient receives from a state or a political subdivision of a state. Those persons receiving benefits under Title XVI of the social security act who also meet the eligibility requirements fixed under part 1 of this article may receive a state supplement to their Title XVI benefits in the form of benefits provided under such part 1. Source: L. 75: Entire part added, p. 891, § 12, effective July 28. 26-2-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) "December 1973 income" means the amount of assistance payment which an individual received for December, 1973, plus income used in computing such payment, according to the state plan approved by the United States department of health, education, and welfare for the state of Colorado as in effect for June, 1973. (2) "Mandatory minimum state supplementation" means minimum payments required by the social security act to be made by the state to maintain certain former adult assistance recipients at their December 1973 income level. (3) "Optional state supplement" means cash payments or special needs or both which are paid or provided to or on behalf of a supplemental security income recipient pursuant to the rules and regulations of the state board pursuant to part 1 of this article. (4) "Special needs" means an amount to be paid to or on behalf of aged, blind, or disabled individuals in specified circumstances, as determined by the state board, for specified individualized needs. (5) "SSI benefits" means cash payments made by the federal government to eligible aged, blind, or disabled individuals pursuant to Title XVI of the social security act. Source: L. 75: Entire part added, p. 891, § 12, effective July 28. Colorado Revised Statutes 2019 Page 119 of 490 Uncertified Printout 26-2-204. Mandatory minimum state supplementation of SSI benefits. The state department, with the approval of the state board, is authorized to enter into an agreement with the secretary of the United States department of health, education, and welfare whereby the state department will provide to qualified individuals residing in the state, within available appropriations, mandatory minimum state supplementation of SSI benefits in accordance with the requirements of Title XVI of the social security act and rules and regulations of the state department. Source: L. 75: Entire part added, p. 892, § 12, effective July 28. 26-2-205. Optional state supplementation. The state department is authorized to adopt rules and regulations for the provision of optional state supplementation to recipients of SSI benefits residing in the state, within available appropriations, in accordance with Title XVI of the social security act and this part 2. Such benefits may be provided pursuant to part 1 of this article if the individual meets the eligibility requirements established under such part 1. SSI benefits received must be considered as income in determining eligibility under part 1 of this article. Eligibility for and the amount of such payments shall be fixed by the state board. If the federal government makes a final determination that any such payments must be considered as income in determining eligibility for SSI benefits, the state board shall terminate such payments. Source: L. 75: Entire part added, p. 892, § 12, effective July 28. 26-2-206. Interim assistance. (1) The state department, with the approval of the state board and in accordance with the rules and regulations of the state department, is authorized to enter into an agreement with the secretary of the United States department of health, education, and welfare for implementation of arrangements for interim assistance as authorized by Title XVI of the social security act. (2) Payment of legal, professional, or other fees by a recipient of public assistance who is seeking supplemental security income benefits shall be made in accordance with the policies and procedures of the social security act. (3) Neither the state department nor any county shall pay any portion of costs associated with obtaining supplemental security income, including any legal, professional, or other fees paid by a recipient of public assistance in seeking supplemental security income benefits or any other federal benefit. The interim assistance reimbursement payment authorized under this section shall be used to reimburse the state aid to the needy disabled program, described in section 26-2-111 (4), for benefits paid to the recipient as interim assistance in accordance with the agreement between the state department and the social security administration. Any moneys received by a county in excess of the interim assistance paid by the state department and any county on behalf of the recipient shall be paid to the recipient. Source: L. 75: Entire part added, p. 892, § 12, effective July 28. L. 2008: Entire section amended, p. 223, § 1, effective March 26. Colorado Revised Statutes 2019 Page 120 of 490 Uncertified Printout 26-2-207. Administration. (1) The provisions of article 1 of this title and, where not inconsistent with this part 2, the provisions of part 1 of this article shall apply to state supplementation under this part 2. (2) The state department, with the approval of the state board and in accordance with the rules and regulations of the state department, may enter into agreements with the secretary of the United States department of health, education, and welfare to assist in the administration of Title XVI of the social security act and this part 2. Source: L. 75: Entire part added, p. 892, § 12, effective July 28. 26-2-208. Federal requirements. Nothing in this part 2 shall be construed to prevent the state department from complying with federal requirements expressly provided by federal law in order for the state of Colorado to qualify for federal funds under the social security act. Source: L. 75: Entire part added, p. 892, § 12, effective July 28. 26-2-209. Limitations. All benefits granted under this part 2 shall be granted and held subject to the provisions of any amending or repealing law that may be passed after July 1, 1975, and no recipient shall have any claim for compensation or otherwise by reason of his supplementation benefits being affected in any way by any amending or repealing law. Source: L. 75: Entire part added, p. 892, § 12, effective July 28. 26-2-210. State supplemental security income stabilization fund - creation. (1) There is hereby created in the state treasury the state supplemental security income stabilization fund, referred to in this section as the "stabilization fund", for the purpose of stabilizing the source of funding required to meet the federal requirements for maintenance of effort for the state-funded supplement to persons receiving SSI benefits. The stabilization fund shall consist of any excess moneys recovered due to overpayment of recipients, including regular, fraud, and interim assistance reimbursement recoveries, and any appropriations made to the stabilization fund by the general assembly. The moneys in the stabilization fund are hereby continuously appropriated to the state department to be expended on programs that count toward the maintenance of effort for the state supplemental security income as specified in the state plan when the state department determines that the state is at risk of not meeting the federal maintenance of effort for that calendar year. All interest and income derived from the investment and deposit of moneys in the stabilization fund shall be credited to the stabilization fund. At the end of any fiscal year, an amount not exceeding twenty percent of the total appropriation for the applicable fiscal year in the annual general appropriations bill for the program for aid to the needy disabled shall remain in the stabilization fund as a continuous appropriation to be used to meet the state's maintenance of effort requirements under this part 2, and any unexpended and unencumbered moneys remaining in the stabilization fund at the end of any fiscal year in excess of an amount equal to twenty percent of the total appropriation for the applicable fiscal year in the annual general appropriations bill for the program for aid to the needy disabled shall revert to the general fund. Colorado Revised Statutes 2019 Page 121 of 490 Uncertified Printout (2) The state department shall submit a report to the joint budget committee by February 15 of each year. The report shall indicate whether expenditures were made from the stabilization fund, the aggregate monthly amount of any expenditures, and the particular programs for which the expenditures were made. Source: L. 2009: Entire section added, (HB 09-1215), ch. 70, p. 239, § 1, effective March 25. L. 2014: (1) amended, (SB 14-012), ch. 248, p. 961, § 4, effective August 6. Cross references: For the legislative declaration in SB 14-012, see section 1 of chapter 248, Session Laws of Colorado 2014. PART 3 FOOD STAMPS Cross references: For the federal "Food Stamp Act", now known as the "Food and Nutrition Act of 2008", see 7 U.S.C. sec. 2011 et seq. (Section 4001 of the "Food, Conservation, and Energy Act of 2008", Pub.L. 110-234, changed the name of the federal "Food Stamp Act of 1977" to the "Food and Nutrition Act of 2008" and changed the name of the federal food stamp program to the "supplemental nutrition assistance program".) 26-2-301. Food stamps - administration. (1) The state department is hereby designated as the single state agency to administer or supervise the administration of the food stamp program in this state in cooperation with the federal government pursuant to the federal "Food Stamp Act", as amended, and this part 3. (2) The state department, with the approval of the state board, may enter into an agreement with the secretary of the United States department of agriculture to accept federal food assistance benefits for disbursement to qualified households in accordance with federal law. Under state department supervision, the responsibility for disbursement may be delegated, under agreement, to county departments, United States postal service facilities, or other commercial facilities such as but not limited to banks. (3) The food stamp program shall be implemented and administered in every county in the state by the respective county departments or by the state department pursuant to an agreement with one or more counties. If a county can demonstrate to the satisfaction of the state department that it is impossible or impractical for the county department to administer the program, the state department shall ensure that the program is implemented and administered within such county, and the county shall continue to meet the requirements of section 26-1-122. (4) (a) The state department shall develop a state outreach plan, referred to in this section as the "outreach plan", to promote access by eligible persons to benefits through the supplemental nutrition assistance program. The outreach plan shall meet the criteria established by the food and nutrition services agency of the United States department of agriculture for approval of state outreach plans. The state department is authorized to seek and accept gifts, grants, and donations to develop and implement the outreach plan. (b) For purposes of developing and implementing an outreach plan, the state department shall partner with one or more counties and nonprofit organizations for the development and Colorado Revised Statutes 2019 Page 122 of 490 Uncertified Printout implementation of the outreach plan. If the state department enters into a contract with a nonprofit organization relating to the outreach plan, the contract may specify that the nonprofit organization is responsible for seeking sufficient gifts, grants, or donations necessary for the development and implementation of the outreach plan, and may additionally specify that any costs to the state associated with the award and management of the contract or the implementation or administration of the outreach plan shall be paid out of any private or federal moneys raised for the development and implementation of the outreach plan. The state department shall submit the outreach plan to the food and nutrition services agency for approval by September 1, 2010, and shall request any federal matching moneys that may be available upon approval of the outreach plan. The general assembly strongly encourages the state department to use any additional public or private moneys, including moneys from the federal 2010 department of defense appropriations bill to offset costs associated with increased caseload resulting from the implementation of an outreach plan. (c) Notwithstanding the provisions of paragraph (a) or (b) of this subsection (4), the state department shall be exempt from implementing or administering an outreach plan, but not from developing an outreach plan, if the state department will not be receiving private or federal moneys sufficient to cover the state's costs associated with the implementation and administration of the outreach plan, including any state or county costs associated with increased caseload resulting from the implementation of the outreach plan. (5) The provisions of article 1 of this title and, where not inconsistent with this part 3, the provisions of part 1 of this article shall apply to federal food assistance benefits under this part 3. Source: L. 79: Entire part added, p. 1086, § 13, effective July 1. L. 2010: Entire section amended, (HB 10-1022), ch. 414, p. 2042, § 1, effective June 10. 26-2-301.5. Performance standards - incentives - sanctions. (1) (a) In implementing the supplemental nutrition assistance program, the state department and county departments shall endeavor to exceed federal performance measures in the following areas: (I) Application processing timeliness; (II) Payment error rate; and (III) Case and procedural error rate. (b) If the state department receives federal performance bonus money as a result of meeting the federal performance measures set forth in paragraph (a) of this subsection (1), the state department shall pass the federal performance bonus money through to the county departments; except that a county department shall only receive that portion of federal performance bonus money attributable to the county department's performance. (c) In addition to federal performance bonus money, subject to available appropriations for purposes of this paragraph (c), the state may award state-funded administration performance bonuses to county departments. (d) The state department, county departments, and any additional parties identified by the state department and county departments, shall mutually agree upon a method and formula for distributing to county departments any federal performance bonus money pursuant to paragraph (b) of this subsection (1) and any state-funded administration performance bonuses pursuant to paragraph (c) of this subsection (1). Performance bonuses may be used by county Colorado Revised Statutes 2019 Page 123 of 490 Uncertified Printout departments for the administration of the supplemental nutrition assistance program upon receipt of federal approval of the county departments' plans. (2) (a) The state department shall pass through to the county departments any monetary sanctions imposed by the federal government for failing to meet federal performance measures in any of the following areas: (I) Application processing timeliness; (II) Payment error rate; and (III) Unresolved compliance issues over which the county department has control, as mutually determined by the state department and county departments based upon analysis of validated data, specific to a county department's responsibilities in administering the supplemental nutrition assistance program, including claim discrepancies. (b) The state department, county departments, and any additional parties identified by the state department and county departments, shall mutually agree upon a method and formula for charging to county departments any federal monetary sanction for failing to meet performance measures pursuant to paragraph (a) of this subsection (2); except that a county department shall only be responsible for the portion of a federal monetary sanction attributable to the county department's performance relating to activities within the county department's control, as mutually determined by the state department and county departments based upon analysis of validated data. Source: L. 2016: Entire section added, (SB 16-190), ch. 201, p. 709, § 1, effective June 1. 26-2-302. Federal requirements. Nothing in this article shall be construed to prevent the state department from complying with federal requirements for the food stamp program expressly provided by federal statute and regulation in order for the state of Colorado to qualify for federal funds under the federal "Food Stamp Act", as amended, and to maintain the food stamp program within the limits of available appropriations. Source: L. 79: Entire part added, p. 1087, § 13, effective July 1. 26-2-303. Evidentiary conference. (Repealed) Source: L. 79: Entire part added, p. 1087, § 13, effective July 1. L. 97: Entire section repealed, p. 1321, § 5, effective July 1. 26-2-304. Appeals - recoveries - rules. (1) The provisions of section 26-2-127, relating to appeals, and section 26-2-128, relating to recoveries, apply to the food stamp program, except when such sections conflict with federal statute or regulation or when a specific conflict with federal statute or regulation is not clearly present and the state department elects by regulation to follow federal statute or regulation. (2) Notwithstanding subsection (1) of this section, section 26-2-127 (1)(a)(I), and section 24-4-105 (14)(a)(I), for purposes of the food stamp program, the state department may promulgate rules requiring any party to file a notice of intent to file exceptions with the state Colorado Revised Statutes 2019 Page 124 of 490 Uncertified Printout department, in writing, within five days after service of the initial decision upon the party, or otherwise forgo the ability to file exceptions. Source: L. 79: Entire part added, p. 1087, § 13, effective July 1. L. 2019: Entire section amended, (SB 19-245), ch. 308, p. 2800, § 1, effective May 28. 26-2-305. Fraudulent acts - penalties. (1) (a) Any person who obtains, or any person who aids or abets another to obtain, food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered to which the person is not entitled, or food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program commits the crime of theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S., and which crime shall be punished as provided in section 18-1.3-401, C.R.S., if the crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified as a misdemeanor. Any person violating the provisions of this subsection (1) is disqualified from participation in the food stamp program for one year for a first offense, two years for a second offense, and permanently for a third or subsequent offense. Any person convicted of trafficking in food stamp coupons as described in this subsection (1) having a value of five hundred dollars or more shall be permanently disqualified from the food stamp program. (b) Any person found by the agency or convicted in a court of law of having made a fraudulent statement or representation with respect to the identity or place of residence of the person in order to receive multiple benefits simultaneously under the food stamp program shall be disqualified from participating for a ten-year period. (c) Any person found guilty by a court of law of purchasing controlled substances, as defined in section 18-18-102 (5), C.R.S., with food stamp benefits shall be disqualified from participation in the food stamp program for two years for a first offense and permanently disqualified for the second offense. The disqualification periods shall apply also to individuals with a felony conviction entered on or after July 1, 1997, for possession, use, or distribution of controlled substances if the conviction is directly related to the misuse of food stamp benefits. An individual shall not be ineligible due to a drug conviction unless misuse of food stamp benefits is part of the court findings. (d) Any person who is found guilty by a court of law of trading ammunition or explosives for food stamp benefits is disqualified permanently from participating in the food stamp program. (e) A state or federal court may extend a disqualification for up to an additional eighteen months. Such disqualifications are mandatory and are in addition to any other penalty imposed by law. (1.5) Any person against whom a county department of human or social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or Colorado Revised Statutes 2019 Page 125 of 490 Uncertified Printout similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program, is disqualified from participation in the food stamp program for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualifications are mandatory and are in addition to any other remedy available to a judgment creditor. (2) If, at any time during the continuance of participation in the food stamp program, the recipient of food stamp coupons or authorization to purchase cards knowingly acquires any property or receives any increase in income or property, or both, in excess of that declared at the time of determination or redetermination of eligibility or if there is any other change in circumstances affecting the recipient's eligibility or the amount of food stamp coupons or authorization to purchase cards to which he or she is entitled, it is the duty of the recipient to notify the county department, or the state department in food stamp districts administered by the state department, of any such acquisition, receipt, or change in accordance with state department regulations; and any recipient of food stamp coupons or authorization to purchase cards who knowingly fails to do so, and who by such failure receives benefits in excess of those to which he or she was in fact entitled, commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. (3) The county department, or the state department in food stamp districts administered by the state department, shall use an application form which contains appropriate and conspicuous notice of the penalties for fraud and shall deliver to each recipient with the first issuance of food stamp coupons or authorization to purchase cards and each redetermination thereafter a written notice explaining what changes in circumstances require notification to the county department or state department under subsection (2) of this section. (4) Additional costs incurred by district attorneys in enforcing this section, in accordance with the rules of the state department, shall be billed to county departments in the judicial district in the proportion to each county as specified in section 20-1-302, C.R.S., and the county departments shall pay such costs as an expense of food stamp administration. Source: L. 79: Entire part added, p. 1087, § 13, effective July 1. L. 89: (1) amended, p. 846, § 119, effective July 1. L. 94: (1) amended and (1.5) added, p. 2064, § 7, effective July 1. L. 97: (1) and (1.5) amended, p. 1235, § 27, effective July 1. L. 2002: (1)(a) and (2) amended, p. 1538, § 273, effective October 1. L. 2018: (1.5) amended, (SB 18-092), ch. 38, p. 447, § 120, effective August 8. Cross references: (1) For other fraudulent acts relating to public assistance, see § 26-1127. (2) For the legislative declaration contained in the 2002 act amending subsections (1)(a) and (2), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-2-305.5. Categorical eligibility - repeal. (1) As used in this section, unless the context otherwise requires, "federal law" means the federal "Food and Nutrition Act of 2008", Colorado Revised Statutes 2019 Page 126 of 490 Uncertified Printout and any amendments to the act and any federal regulations adopted for the implementation of the act. (2) (a) No later than October 1, 2010, the state department shall create a program or policy that, in compliance with federal law, establishes broad-based categorical eligibility for federal food assistance benefits pursuant to the supplemental nutrition assistance program. (b) At a minimum, the program or policy shall, to the extent authorized pursuant to federal law, eliminate the asset test for eligibility for federal food assistance benefits. (3) Notwithstanding any provisions of subsection (2) of this section to the contrary, the provisions of this section shall take effect only if the state department receives moneys pursuant to the federal 2010 department of defense appropriations bill that may be used to implement this section. Source: L. 2010: Entire section added, (HB 10-1022), ch. 414, p. 2043, § 2, effective June 10. 26-2-306. Trafficking in food stamps. (1) Any person who obtains, uses, transfers, or disposes of food stamps in the manner specified in paragraphs (a) to (c) of this subsection (1) commits the offense of trafficking in food stamps. A person who traffics in food stamps includes: (a) Any bona fide recipient of food stamps, or his authorized representative who knowingly transfers food stamps to another who does not, or does not intend to, use the said food stamps for the benefit of the food stamp household for whom the food stamps were intended as the same is defined in the rules and regulations of the state department; (b) Any person who knowingly acquires, accepts, uses, or transfers to another for consideration food stamps not issued to him or an authorized representative or to a member of a food stamp household of which he is a member by the state department or another authorized issuing agency in another state; (c) Any person who knowingly receives, possesses, alters, transfers, or redeems food stamps received, used, or transferred in violation of any federal statute. (2) Trafficking in food stamps is: (a) (Deleted by amendment, L. 2007, p. 1696, § 15, effective July 1, 2007.) (b) A class 2 misdemeanor under section 18-1.3-501, C.R.S., if the value of the food stamps is less than five hundred dollars; (b.5) A class 1 misdemeanor under section 18-1.3-501, C.R.S., if the value of the food stamps is five hundred dollars or more but less than one thousand dollars; (c) A class 4 felony under section 18-1.3-401, C.R.S., if the value of the food stamps is one thousand dollars or more but less than twenty thousand dollars; (d) A class 3 felony under section 18-1.3-401, C.R.S., if the value of the food stamps is twenty thousand dollars or more. (3) When a person commits the offense of trafficking in food stamps twice or more within a period of six months, two or more of the offenses may be aggregated and charged in a single count, in which event the offenses so aggregated and charged shall constitute a single offense, and, if the aggregate value of the food stamps involved is one thousand dollars or more but less than twenty thousand dollars, it is a class 4 felony; however, if the aggregate value of the food stamps involved is twenty thousand dollars or more, it is a class 3 felony. Colorado Revised Statutes 2019 Page 127 of 490 Uncertified Printout (4) As used in this section, "food stamps" means coupons issued pursuant to the federal "Food Stamp Act", 7 U.S.C. 2011 to 2029, as amended. Source: L. 88: Entire section added, p. 714, § 24, effective July 1. L. 93: (2) and (3) amended, p. 1737, § 31, effective July 1. L. 98: (2)(b) and (2)(c) amended, p. 1440, § 20, effective July 1; (2)(b), (2)(c), and (3) amended, p. 798, § 14, effective July 1. L. 2002: (2) amended, p. 1539, § 274, effective October 1. L. 2007: (2) and (3) amended, p. 1696, § 15, effective July 1. L. 2009: (3) amended, (HB 09-1334), ch. 244, p. 1100, § 5, effective May 11. Cross references: (1) For other fraudulent acts relating to public assistance, see § 26-1127. (2) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002; for the legislative declaration contained in the 2007 act amending subsections (2) and (3), see section 1 of chapter 384, Session Laws of Colorado 2007; for the legislative declaration contained in the 2009 act amending subsection (3), see section 5 of chapter 244, Session Laws of Colorado 2009. PART 4 WELFARE REFORM 26-2-401 to 26-2-413. (Repealed) Source: L. 97: Entire part repealed, p. 1239, § 31, effective July 1. Editor's note: This part 4 was added in 1989. For amendments to this part 4 prior to its repeal in 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. PART 5 PERSONAL RESPONSIBILITY AND EMPLOYMENT DEMONSTRATION PROGRAM 26-2-501 to 26-2-510. (Repealed) Source: L. 97: Entire part repealed, p. 1239, § 31, effective July 1. Editor's note: This part 5 was added in 1993. For amendments to this part 5 prior to its repeal in 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. PART 6 Colorado Revised Statutes 2019 Page 128 of 490 Uncertified Printout CHILD CARE TRAINING AND EDUCATION PILOT PROGRAM 26-2-601 to 26-2-607. (Repealed) Editor's note: (1) Section 26-2-607 provided for the repeal of this part 6, effective July 1, 1999. (See L. 96, p. 1102.) (2) This part 6 was added in 1996 and was not amended prior to its repeal in 1999. For the text of this part 6 prior to 1999, consult the 1998 Colorado Revised Statutes. PART 7 COLORADO WORKS PROGRAM 26-2-701. Short title. This part 7 shall be known and may be cited as the "Colorado Works Program Act". Source: L. 97: Entire part added, p. 1194, § 1, effective June 3. 26-2-702. Legislative intent. (1) The general assembly hereby finds and declares that: (a) Passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, and the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, gives the state a unique opportunity to develop and maintain a public assistance program that emphasizes placing recipients in work and supporting them in sustained employment with food stamps, child care assistance, and medicaid; (b) The federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, and the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, require increased local input in developing the state plan for public assistance under these laws and allow increased local control over the implementation of such state plan; (c) The federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, and the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, require additional training for local employees in the area of case management to assist in making recipients self-sufficient. (2) Therefore, the general assembly finds and declares that it is in the state's best interests to adopt the Colorado works program set forth in this part 7. Source: L. 97: Entire part added, p. 1194, § 1, effective June 3. L. 2008: (1) amended, p. 1949, § 1, effective January 1, 2009. 26-2-703. Definitions. As used in this part 7, unless the context otherwise requires: (1) Repealed. (2) "Assistance" means any ongoing assistance payment or short-term assistance payment as those terms are described in section 26-2-706.6. (2.5) "Assistance unit" means those family members who are participants in the Colorado works program and who are receiving cash assistance. Colorado Revised Statutes 2019 Page 129 of 490 Uncertified Printout (3) "Basic cash assistance grant" means cash assistance provided to a participant in the Colorado works program pursuant to section 26-2-709. (3.5) (a) "Cash assistance" means cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs such as food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. "Cash assistance" includes such benefits even when they are: (I) Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual participants; and (II) Conditioned on participation in a work activity or community service. (b) Except as otherwise excluded in paragraph (c) of this subsection (3.5), "cash assistance" also includes supportive services provided to families who are not employed such as transportation and child care. (c) "Cash assistance" does not include: (I) Nonrecurrent, short-term benefits that: (A) Are designed to address a specific crisis situation or episode of need; (B) Are not intended to meet recurrent or ongoing needs; and (C) Will not extend beyond four months; (II) Work subsidies such as payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training; (III) Supportive services such as child care and transportation provided to families who are employed; (IV) Refundable earned income tax credits; (V) Contributions to, and distributions from, individual development accounts; (VI) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and (VII) Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance. (4) "Colorado child care assistance program" means the state program of child care assistance implemented pursuant to the provisions of part 8 of this article and rules of the state board. (5) "Colorado works program" or "works program" means the program of public assistance created in this part 7. (5.5) "Controlled substance" means a substance, a drug, or an immediate precursor included in schedules I to V of part 2 of article 18 of title 18, and any "alcohol beverage" as defined in section 44-3-103 (2). (5.7) "Countable income" means the receipt by an individual of a gain or benefit in cash or in kind during a calendar month that is used to determine eligibility and the benefit amount for the Colorado works program as specified by the state board. (6) "County" means a county or a city and county. (7) "County block grant" means a block grant provided to a county pursuant to the provisions of section 26-2-712. (8) "County department" means: (a) The department of social services, human services, or health and human services of a county or a city and county; or Colorado Revised Statutes 2019 Page 130 of 490 Uncertified Printout (b) Any combination of departments of social services of a county or a city and county that are approved by the state department to implement a county block grant jointly pursuant to the provisions of section 26-2-718. (8.5) "Deficit reduction omnibus reconciliation act" means the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, as amended. (9) "Dependent child" means a person who resides with a parent or a specified caretaker and who is under the age of eighteen years or, if the person is a full-time student at a secondary school or vocational or technical equivalent and is reasonably expected to complete the school or vocational or technical equivalent before attaining the age of nineteen years, is under nineteen years. (9.5) "Disqualified or excluded person" means a person who would otherwise be a member of an assistance unit but who is rendered ineligible to participate due to program prohibitions. (10) "Federal law" means the personal responsibility and work opportunity reconciliation act, the deficit reduction omnibus reconciliation act, and any federal regulations adopted for the implementation of either act. (10.2) "Guardian" means a person appointed by court order to be the guardian of another person. (10.5) "Income" means any cash, payments, wages, in-kind receipts, inheritance, gifts, prizes, rents, dividends, interest, and other gain or benefit in cash or in kind received by members of an assistance unit. (11) "Indian tribe" means a federally recognized Indian tribe with part or all of its reservation located in the state of Colorado. (12) "Individual responsibility contract" or "IRC" means the contract entered into by the participant and the county department pursuant to section 26-2-708. (13) Repealed. (13.5) "Noncustodial parent", as defined in 45 CFR 260.30, means a person who: (a) Is the parent of a minor child; and (b) Lives in Colorado; and (c) Does not live in the same household as the minor child. (13.7) "Ongoing assistance" means any cash grant, benefit, service, or other form of temporary assistance designed to meet an eligible family's ongoing needs. (14) "Parent" means either a biological parent or a parent by adoption. (15) "Participant" means an individual who receives any assistance or who participates in a specific component of the Colorado works program. (16) "Performance contract" means the performance-based contract executed by the state department and the board of county commissioners of each county or the boards of county commissioners of a group of counties pursuant to section 26-2-715. (17) "Personal responsibility and work opportunity reconciliation act" means the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, as amended. (17.5) "Program prohibitions" means a circumstance that, pursuant to this part 7 or federal law, renders an individual unable to participate in the Colorado works program. (17.7) "Qualified alien" means a qualified alien as defined by rule of the state board in conformance with the personal responsibility and work opportunity reconciliation act. Colorado Revised Statutes 2019 Page 131 of 490 Uncertified Printout (17.8) "Receipt" or "receipt of income" means the date on which income is actually received by or becomes legally available to a member of an assistance unit. (18) "Reservation" means the Ute Mountain Ute Indian Reservation and the Southern Ute Indian Reservation in Colorado. (18.2) "Short-term assistance" means a nonrecurrent, short-term benefit that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and does not extend beyond four months. (18.3) "Specified caretaker" means: (a) A person who exercises responsibility for a dependent child and who is: (I) A relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child; or (II) Appointed by the court to be the guardian or the legal custodian of the dependent child; or (b) A person who exercises responsibility for a dependent child within the person's home if there is no person described in paragraph (a) of this subsection (18.3). (18.5) "Targeted spending level" means the amount of county funds that a county shall appropriate pursuant to the provisions of section 26-1-122 for the purpose of defraying the county's maintenance of effort requirement for the works program. (19) "Temporary assistance for needy families" or "TANF" means the program of block grants from the federal government to the states to implement assistance programs pursuant to federal law. (20) "Tribal member" means an enrolled member of either the Ute Mountain Ute or Southern Ute Indian tribes. (21) "Work activities" shall have the same definition as is provided in federal law. The state board shall promulgate rules as necessary to further define "work activities" in accordance with the definition provided in federal law. Participants shall be considered to be engaged in work if they are participating in work activities as described in the federal law or if they are participating in other work activities designed to lead to self-sufficiency as determined by the county and as outlined in their IRC. (22) "Work participation rate" means the percentage of participants who are involved in work activities as required statewide under federal law. (23) "Works allocation committee" means the committee created pursuant to section 262-714 (6). Source: L. 97: Entire part added, p. 1195, § 1, effective June 3. L. 98: (18.5) and (23) added, p. 1192, § 1, effective June 1. L. 99: (5.5) added, p. 1361, § 5, effective June 3; (2.5), (9.5), and (17.5) added, p. 48, § 1, effective July 1; (3.5) added, p. 31, § 1, effective July 1. L. 2000: (3.5) amended, p. 24, § 1, effective March 10. L. 2001: (13.5) added, p. 723, § 6, effective May 31. L. 2003: (5.7), (10.5), (17.7), (17.8), and (18.3) added, p. 799, § 1, effective August 6. L. 2004: (17.7) amended, p. 1086, § 1, effective May 27. L. 2008: (3), (8), (10), (17), (17.5), (17.7), (19), (21), and (22) amended and (8.5), (13.7), and (18.2) added, p. 1950, § 2, effective January 1, 2009. L. 2009: (13.5) amended, (SB 09-100), ch. 192, p. 837, § 1, effective April 30. L. 2010: (1) and (13) repealed, (HB 10-1043), ch. 92, p. 316, § 12, effective April 15; (2), (9), and (18.3) amended and (10.2) added, (SB 10-068), ch. 160, p. 548, § 2, effective January 1, Colorado Revised Statutes 2019 Page 132 of 490 Uncertified Printout 2011. L. 2014: (4) amended, (HB 14-1317), ch. 259, p. 1041, § 9, effective May 22. L. 2018: (5.5) amended, (HB 18-1025), ch. 152, p. 1080, § 15, effective October 1. 26-2-704. No individual entitlement. (1) Nothing in this part 7 or in any rules promulgated pursuant to this part 7 shall be interpreted to create a legal entitlement in any participant to assistance provided pursuant to the works program. (2) No county administering or implementing the works program with moneys from a county block grant as provided in section 26-2-714 may create or shall be deemed to create a legal entitlement in any participant to assistance provided pursuant to the works program. Source: L. 97: Entire part added, p. 1198, § 1, effective June 3. 26-2-705. Works program - purposes. (1) (a) Effective July 1, 1997, the Colorado works program is implemented pursuant to the personal responsibility and work opportunity reconciliation act and is intended to comply with the express requirements for participation in the TANF block grant program. (b) Effective January 1, 2009, the Colorado works program is amended to ensure implementation in compliance with the deficit reduction omnibus reconciliation act. (2) The purposes of the works program are to: (a) Assist participants to terminate their dependence on government benefits by promoting job preparation, work, and marriage; (b) Provide assistance to needy families so that children may be cared for in their homes or in the homes of family members; (c) Prevent and reduce the incidence of pregnancies of unmarried individuals and to establish annual numerical goals for preventing and reducing the incidences of these pregnancies; (d) Encourage the formation and maintenance of two-parent families; (e) Develop strategies and policies that focus on ensuring that participants are in work activities as soon as possible so that the state is able to meet or exceed work participation rates specified in the federal law; and (f) Allow the counties increased responsibility for the administration of the works program. (3) Nothing in this part 7 is intended to prevent a county or municipality from implementing a public assistance or general assistance program with local funds. Source: L. 97: Entire part added, p. 1198, § 1, effective June 3. L. 2008: (1) and (2) amended, p. 1953, § 3, effective January 1, 2009. L. 2018: (2)(c) amended, (SB 18-095), ch. 96, p. 756, § 16, effective August 8. Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018. 26-2-706. Target populations. (1) (a) Subject to the provisions of this section and restrictions in the federal law, those persons or families who may receive assistance under the Colorado works program include: Colorado Revised Statutes 2019 Page 133 of 490 Uncertified Printout (I) Dependent children under the age of eighteen; (II) (A) Dependent children between the ages of eighteen and nineteen who are full-time students in a secondary school, home school, or in the equivalent level of vocational or technical training and expected to complete the program before age nineteen. Such children are eligible for assistance through the end of the month in which they complete the program. A dependent child is still considered to be a student in regular attendance during official school or training program vacation periods, absences due to illness, convalescence, or family emergency, or the month in which the child completes a school or training program. (B) For purposes of this subparagraph (II), "regular attendance" means that the student is enrolled in a program of study or training leading to a certificate or diploma and is physically attending such program or training; "full-time attendance" means that the student is attending school for a minimum of twenty-five hours per week, or an amount of time as specified by the school; and "half-time attendance" means that the student is attending school for a minimum of twelve hours per week, or an amount of time as specified by the school; and (III) The parents of a dependent child, including expectant parents, or a specified caretaker with whom the dependent child is living. (a.5) In addition to the eligibility requirements set forth in paragraph (a) of this subsection (1), in order to receive Colorado works benefits and assistance, the assistance unit shall include a dependent child who lives in the home of a parent or other specified caretaker. A dependent child is considered to be living in the home of a specified caretaker as long as the parent or other specified caretaker exercises responsibility for the care of the child even though one or more of the following occurs: (I) The child is under the jurisdiction of the court; or (II) Legal custody is held by an agency that does not have physical possession of the child; or (III) The child is in regular attendance at school away from home; or (IV) Either the child or the specified caretaker is temporarily absent from the home to receive medical treatment; or (V) The child is in a voluntary foster care placement for a period not expected to exceed three months. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that two-parent families shall be treated the same as singleparent families under the provisions of this section. (c) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that half siblings residing in the same household not be required to be in the same assistance unit if at least one of the half siblings is receiving child support. In such circumstance, the half sibling receiving child support shall be given the option to not participate in Colorado works. (d) The state board shall promulgate rules to provide that a noncustodial parent may be allowed to receive services under the Colorado works program, but not assistance, at a county's option and in accordance with the county's plan. Such services provided to a noncustodial parent pursuant to this paragraph (d) shall be intended to promote the sustainable employment of the noncustodial parent and enable such parent to pay child support. Provision of such services shall not negatively impact the eligibility for benefits or services of the custodial parent. (1.5) To participate in the Colorado works program an applicant or person shall: Colorado Revised Statutes 2019 Page 134 of 490 Uncertified Printout (a) Be a resident of Colorado; (b) Be a citizen of the United States, a qualified alien who entered the United States prior to August 22, 1996, or a qualified alien who entered the United States on or after August 22, 1996, who has been in a qualified alien status for a period of five years or, if less than five years, is in a federal exempt category pursuant to 8 U.S.C. sec. 1613 (b), as amended; (c) Not be receiving financial assistance from other financial assistance programs administered by the state of Colorado; (d) Not be an inmate of a public institution, except as a patient in a public medical institution; (e) Not be an inmate of any institution as a patient admitted for tuberculosis or a behavioral or mental health disorder, unless the person is a child under the age of twenty-one years receiving psychiatric care under medicaid; (f) Not be participating in a labor strike; (g) Provide a social security number or proof of application for a social security number if the social security number is unknown or if the applicant does not have a social security number; (h) Provide verification of earned income received in the thirty days immediately prior to the date of application; and (i) Provide verification of pregnancy, if applicable. (2) (a) The state department shall promulgate rules to identify with specificity who may be a participant in the works program and the income requirements for participation in the works program. An asset test shall not be applied as a condition of eligibility for participation in the works program. (b) The rules shall provide that an unmarried parent under eighteen years of age shall not receive assistance unless such unmarried parent resides with his or her parent or other specified caretaker in an adult-supervised home or in any other arrangement approved by the county department. (3) A person convicted of a drug-related felony offense under the laws of this state, any other state, or the federal government on or after June 3, 1997, shall not be eligible for assistance under the works program, unless such person is determined by the county department to have taken action toward rehabilitation such as, but not limited to, participation in a drug treatment program. (4) The state board shall promulgate rules to simplify the requirements relating to determination and verification of eligibility criteria. Nothing in this subsection (4) shall authorize the state board to amend or delete eligibility criteria for participation in the works program that the board is not otherwise authorized to amend or delete. (5) and (6) (Deleted by amendment, L. 2010, (SB 10-068), ch. 160, p. 549, § 3, effective January 1, 2011.) Source: L. 97: Entire part added, p. 1198, § 1, effective June 3. L. 2001: (1) amended, p. 102, § 1, effective March 21; (1) amended, p. 723, § 7, effective May 31; (5)(b) repealed, p. 1170, § 3, effective August 8. L. 2002: (1)(a) amended, p. 904, § 2, effective May 31. L. 2003: (1)(a), IP(2), (2)(b), and (4) amended and (1)(a.5) and (1.5) added, pp. 800, 802, §§ 2, 3, effective August 6. L. 2004: (1.5)(b) amended, p. 1087, § 2, effective May 27. L. 2006: IP(2), (2)(a), and (2)(b) amended and (6) added, p. 592, § 1, effective April 24. L. 2008: IP(1)(a.5) and Colorado Revised Statutes 2019 Page 135 of 490 Uncertified Printout (1)(a.5)(IV) amended, p. 1953, § 4, effective January 1, 2009. L. 2010: IP(1)(a), (1)(a)(III), IP(1)(a.5), (1)(a.5)(IV), (1)(d), (1.5)(h), (1.5)(i), (2), (5), and (6) amended, (SB 10-068), ch. 160, p. 549, § 3, effective January 1, 2011. L. 2017: (1.5)(e) amended, (SB 17-242), ch. 263, p. 1333, § 220, effective May 25. Editor's note: Amendments to subsection (1) by House Bill 01-1048 and House Bill 011264 were harmonized. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 26-2-706.5. Restrictions on length of participation. (1) Unless cash assistance is provided through segregated funds pursuant to federal law and section 26-2-714, as of June 3, 1997, each month of cash assistance received by an assistance unit that includes a specified caretaker who has received assistance under Title IV-A of the social security act, as amended, shall count toward that specified caretaker's sixty-month lifetime maximum of TANF benefits as established in federal law. (2) Any month in which a specified caretaker is determined to be a disqualified or excluded person from a basic cash assistance grant shall count as a month of participation in the calculation of the specified caretaker's overall sixty-month lifetime maximum. (3) (a) The county department shall, where available and applicable, provide for or refer a disqualified or excluded person to other appropriate services, including services that may assist the person toward self-sufficiency. (b) Nothing in this subsection (3) shall be construed to create any entitlement for services or to require any county to expend resources in addition to existing appropriations. Source: L. 99: Entire section added, p. 49, § 2, effective July 1. L. 2002: (1) amended, p. 142, § 2, effective March 27. L. 2008: (1) and (2) amended, p. 1953, § 5, effective January 1, 2009. L. 2010: (1) and (2) amended, (SB 10-068), ch. 160, p. 551, § 4, effective January 1, 2011. 26-2-706.6. Payments and services under Colorado works - rules - repeal. (1) Subject to the provisions of federal law, rules promulgated by the state board pursuant to this section, and available appropriations, the payment types and services specified in this section are available to participants in the Colorado works program. (2) Ongoing assistance payment. An assistance unit that applies and is eligible for ongoing assistance shall, unless voluntarily and knowingly refused, receive cash assistance, which is a recurrent cash payment. In addition to a cash payment, an eligible assistance unit may also receive cash assistance in the form of a cash-equivalent payment, voucher, or other form of cash benefit that is designed to meet the basic ongoing needs of the persons in the assistance unit. Basic ongoing needs shall consist of food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. In addition to cash assistance, persons in an assistance unit that is eligible for ongoing assistance may receive supportive services as described in this section. (3) Short-term assistance payment. A participant may choose to receive a short-term assistance payment, formerly referred to as a diversion payment, which is a nonrecurrent, needsColorado Revised Statutes 2019 Page 136 of 490 Uncertified Printout based, cash or cash-equivalent payment designed to meet the short-term needs of the participant. A short-term assistance payment is designed to address a specific crisis situation or episode of need and is not designed to meet the basic ongoing needs of the participant. A short-term assistance payment may not extend beyond four months. In addition to a short-term assistance payment, a participant who is eligible for short-term assistance may receive supportive services as described in subsection (4) of this section. Short-term assistance payments include the following types: (a) A standard short-term assistance payment, formerly referred to as a state diversion payment, is a nonrecurrent, needs-based, cash or cash-equivalent payment made to a participant who is eligible for short-term assistance. (b) An expanded short-term assistance payment, formerly referred to as a county diversion payment, is a nonrecurrent, needs-based, cash or cash-equivalent payment made to a participant who is eligible for assistance pursuant to the maximum eligibility criteria for nonrecurrent, short-term benefits established in the state plan pursuant to section 26-2-712 (1), in the county-defined expanded eligibility based on federal poverty and other standardized guidelines, and in county policies. (4) Supportive services. (a) An eligible participant may receive supportive services, including but not limited to: (I) Work subsidies such as payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training; (II) Supportive services such as child care and transportation provided to families who are employed; (III) Refundable earned income tax credits; (IV) Contributions to, and distributions from, individual development accounts; (V) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and (VI) Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance. (b) A county may provide supportive services directly to an eligible participant or through a contract or memorandum of understanding between the county department and another agency, including but not limited to another county department or a community provider. (c) The state board shall promulgate rules pursuant to which a county shall provide referrals for available supportive services to persons who apply for assistance and to participants who are homeless or in need of mental health services or substance abuse counseling or services. The rules shall not obligate the county to pay for any supportive services to which a person who applies for ongoing assistance or short-term assistance or a participant is referred. (5) Individual development accounts. A county department may make available opportunities for participants to have individual development accounts for home purchase, business capitalization, or higher education in accordance with federal law. (6) Child care assistance. Subject to available appropriations and pursuant to rules promulgated by the state board, a county may provide child care assistance to a participant pursuant to the provisions of part 8 of this article and rules promulgated by the state board for implementation of said part 8. Colorado Revised Statutes 2019 Page 137 of 490 Uncertified Printout (7) Substance abuse control program. A county may elect to implement a Colorado works controlled substance abuse control program. Under such a program, if the use of a controlled substance prevents the participant from successfully participating in his or her work activity, the county department may require the participant to participate in a controlled substance abuse control program based in whole or in part upon a representation by the participant that he or she is using controlled substances or upon a finding by the county department pursuant to an assessment by a certified substance use disorder treatment provider that the participant is or is likely to be using controlled substances. If a county chooses to require the participant to participate in a controlled substance abuse control program, the county department shall: (a) Require the participant to be assessed by a certified substance use disorder treatment provider and to follow a rehabilitation plan as a condition of continued receipt of assistance under the works program. The rehabilitation plan must be based upon the assessment and developed by a certified substance use disorder treatment provider, and may include, but need not be limited to, participation in a substance use disorder treatment program. This subsection (7)(a) does not create an entitlement to rehabilitation services or to payment for rehabilitation services. (b) If required by the rehabilitation plan, conduct random testing of the participant to determine whether he or she is remaining free of controlled substances; and (c) Impose on the participant any applicable adverse action for nonparticipation in a work activity if the participant fails to follow the rehabilitation plan, which nonparticipation may be evidenced by having a positive result on a random test or refusing to participate in a random test pursuant to this subsection (7). A county may not take adverse action against a participant for failing to meet the requirements of the rehabilitation plan if the 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. (8) Job skills education voucher. A county department may provide a voucher created pursuant to the provisions of section 26-2-712 (11) to a participant for use at one of the community or technical colleges administered pursuant to the provisions of article 60 of title 23, C.R.S., for the purpose of securing short-term educational and academic skills training and job placement services. (9) Colorado works subsidized employment. (a) On or before October 1, 2017, the state department shall, in coordination with counties and the Colorado work force development council and in compliance with the provisions of this subsection (9), develop program and reporting requirements, including but not limited to goals, parameters, allowable uses of funding, and an application process for an employment opportunities with wages program, referred to in this subsection (9) as the "employment program". The state department shall solicit input from community-based organizations and businesses when creating the employment program. (b) The employment program is intended to assist participants in attaining living-wage, permanent jobs by funding evidence-based subsidized wages opportunities, including subsidized employment, apprenticeships, on-the-job training, transitional jobs, and administrative costs that directly support employment programs tied to a wage, as identified in the program development phase. An entity, including a county department of human or social services, a workforce center, or a community-based organization, may apply for funding from the employment program. When applying for funding from the employment program, a community-based organization Colorado Revised Statutes 2019 Page 138 of 490 Uncertified Printout must demonstrate in its proposal collaboration with county departments of human or social services or workforce centers, as well as provide a letter of support from the department or departments of human or social services in the county or counties in which the community-based organization intends to implement the employment program. Any organization in Colorado may apply for funds from the employment program if it meets the program parameters developed pursuant to subsection (9)(a) of this section. The goal of the employment program is to support all regions of the state. (c) Participants may begin enrolling in the employment program as soon as it is developed, but no later than January 1, 2018. The employment program ceases operating on June 30, 2020. (d) Wages earned by participants in the employment program do not count as income for the purposes of Colorado works program eligibility and grant determination, as defined in this section. (e) The executive director may annually use up to the equivalent of two and one-half percent of the money annually appropriated to the employment program to contract with a qualified, independent entity to evaluate the employment program. The evaluation must include an analysis of the success of participants in gaining permanent employment and achieving new skills and credentials. The independent entity shall also evaluate the success of the employment program in filling jobs in industries with high worker shortages and increasing the number of Colorado works participants finding new employment in living-wage jobs. The independent evaluation must be developed together with the employment program design and annually assess the efficacy and effectiveness of the employment program in meeting the objectives of the Colorado works program, the short- and long-term outcomes achieved, and the effectiveness of regional and local efforts. The final evaluation report must be completed on or before October 1, 2020. (f) (I) On or before October 15, 2018, and on or before October 15, 2019, the executive director shall submit an annual report to the joint budget committee and to the joint health and human services committee, or any successor committees. The annual report must include details concerning implementation of the employment program and outcomes achieved through the investment of employment program funds in the previous fiscal year. The first independent evaluation completed pursuant to subsection (9)(e) of this section must accompany the annual report submitted on or before October 15, 2019. (II) On or before October 15, 2020, the executive director shall submit a final report, including the final independent evaluation completed pursuant to subsection (9)(e) of this section, to the joint budget committee and to the joint health and human services committee, or any successor committees. (g) This subsection (9) is repealed, effective September 1, 2021. Source: L. 2008: Entire section added, p. 1954, § 6, effective January 1, 2009. L. 2017: IP(7) and (7)(a) amended, (SB 17-242), ch. 263, p. 1334, § 221, effective May 25; (9) added, (SB 17-292), ch. 271, p. 1493, § 1, effective August 9. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. Colorado Revised Statutes 2019 Page 139 of 490 Uncertified Printout 26-2-707. Diversion grant. (Repealed) Source: L. 97: Entire part added, p. 1199, § 1, effective June 3. L. 2008: Entire section repealed, p. 1957, § 7, effective January 1, 2009. 26-2-707.5. Community resources investment assistance. (1) A county department may use county block grant moneys to invest in the development of community resources that support the purposes of the federal "Personal Responsibility and Work Opportunity Reconciliation Act", Public Law 104-193, and that are designed to assist eligible applicants or participants under section 26-2-706 or 26-2-706.6. An eligible applicant or participant may receive benefits or services from such a community resource without completing an application pursuant to section 26-2-106 or an individual responsibility contract pursuant to section 26-2708 (2). However, nothing in this subsection (1) precludes a county department from requiring such applications and individual responsibility contracts in a county's individual contracting procedures established pursuant to subsection (2) of this section. (2) The state board shall establish standards and procedures through rules for the use of county block grant moneys pursuant to this section including but not limited to the contracting procedures counties must follow to ensure that funds are being spent to support TANF-eligible applicants or participants. Such contracting procedures shall include a requirement that a county's contract with a provider shall specify the approximate number of applicants or participants to be served by the provider. Counties shall also be required to adopt official written policies as referenced in section 26-2-716 (2.5) regarding the types of community resources in which counties are investing, the purposes of such community resource investments, the income eligibility standards, and the county's dispute resolution processes. (3) A county that uses county block grant moneys pursuant to this section shall use all moneys in accordance with all applicable federal and state statutes and regulations. (4) A county shall not be authorized to use funds pursuant to this section for the purpose of supplanting funds. (5) Nothing in this section shall preclude a household from applying for and receiving basic cash assistance. Source: L. 2001: Entire section added, p. 660, § 1, effective May 30. L. 2008: (1) amended, p. 1957, § 8, effective January 1, 2009. 26-2-707.7. Information concerning immunization of children. At the time of application for the works program, the county department shall provide information concerning immunizations to all applicants, including the exemptions listed in section 25-4-903, C.R.S. The information shall include parent education on vaccines and information concerning where to access vaccines in the local community. The department of public health and environment or the county or district public health agency shall provide the immunization information to the county department. Source: L. 2010: Entire section added, (SB 10-068), ch. 160, p. 548, § 1, effective January 1, 2011. Colorado Revised Statutes 2019 Page 140 of 490 Uncertified Printout 26-2-708. Assistance - assessment - individual responsibility contract - waivers for domestic violence. (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: Colorado Revised Statutes 2019 Page 141 of 490 Uncertified Printout (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. (5.5) and (6) (Deleted by amendment, L. 2008, p. 1957, § 9, effective January 1, 2009.) Source: 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 January 1, 2009. L. 2014: (1) amended, (SB 14-058), ch. 102, p. 384, § 19, effective April 7. Editor's note: 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). 26-2-708.5. (Repealed) Colorado works controlled substance abuse control program. Source: L. 99: Entire section added, p. 1360, § 2, effective June 3. L. 2008: Entire section repealed, p. 1959, § 10, effective January 1, 2009. 26-2-709. Benefits - cash assistance - programs - rules. (1) Standard of need - basic cash assistance grant. (a) The state department shall promulgate rules determining the standard of need for eligibility for a basic cash assistance grant, whether an applicant or participant meets the standard of need, and the amount of the basic cash assistance grant. In addition to any other rules necessary for the implementation of this part 7, the state department's rules shall: Colorado Revised Statutes 2019 Page 142 of 490 Uncertified Printout (I) Adopt a statewide standard of need for eligibility for a basic cash assistance grant that is not less than the basis for standard of need pursuant to this subsection (1) as it existed on July 1, 2009; (II) Establish criteria for determining whether an applicant or participant meets the standard of need, including but not limited to what constitutes countable and excludable income for the purposes of eligibility for a basic cash assistance grant; (III) Establish the calculation for determining the amount of an eligible applicant's or participant's basic cash assistance grant, which calculation shall include an earned income disregard which shall be applied to the gross countable earned income of an applicant or participant who is employed. The earned income disregard shall promote work and selfsufficiency and shall benefit the applicant or participant by reducing the unintended economic consequences of becoming employed. The rules promulgated by the state department pursuant to this subparagraph (III) shall not establish an earned income disregard that results in an applicant or participant having fewer financial resources available to him or her than a similarly situated applicant or participant would have had under the earned income disregard pursuant to section 26-2-709 as it existed on July 1, 2009; and (IV) Establish the calculation for determining the amount of the basic cash assistance grant, which calculation shall disregard current child support payments made to a participant pursuant to section 26-2-111 (3)(a.5). However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility for the grant. (b) In establishing the calculation for determining the amount of an eligible applicant's or participant's basic cash assistance grant, the state department shall ensure that the amount of the basic cash assistance grant that a participant or applicant receives is equal to or exceeds one hundred two percent of the need standard for a participant in a similarly sized household on January 1, 2008. The state department is encouraged to establish a calculation for determining the amount of a basic cash assistance grant that results in a basic cash assistance grant that is equal to or exceeds one hundred twelve percent of the need standard for a participant in a similarly sized household on January 1, 2008. (c) Except as otherwise provided in this part 7 and subject to available appropriations, an applicant or participant who meets the eligibility criteria established by the state department pursuant to paragraph (a) of this subsection (1) shall receive a basic cash assistance grant in an amount determined by the state department pursuant to paragraphs (a) and (b) of this subsection (1). An increase in the amount of the basic cash assistance grant approved by the state department shall not take effect unless the funding for the increase is included in the annual general appropriation act or a supplemental appropriation act. (1.3) Redetermination of eligibility for persons receiving cash assistance. The county department shall perform an annual redetermination of eligibility for all assistance units receiving cash assistance. (1.5) Rules concerning cash assistance. The state department shall promulgate rules as may be necessary to comply with changes in federal regulations relating to the definition of the term "cash assistance". (2) Other assistance. (a) Subject to available appropriations, a county department may provide assistance, including but not limited to cash assistance, in addition to the basic cash assistance grant described in subsection (1) of this section that is authorized pursuant to the Colorado Revised Statutes 2019 Page 143 of 490 Uncertified Printout provisions of the federal law or this section. Such other assistance shall be based upon a participant's assessed needs. (b) and (c) (Deleted by amendment, L. 2008, p. 1960, § 11, effective January 1, 2009.) (3) (Deleted by amendment, L. 2008, p. 1960, § 11, effective January 1, 2009.) Source: L. 97: Entire part added, p. 1202, § 1, effective June 3. L. 98: (2) amended, p. 335, § 1, effective April 17. L. 99: (1.5) added, p. 31, § 2, effective July 1. L. 2000: (1.5) amended, p. 25, § 2, effective March 10. L. 2001: (1)(a) amended, p. 212, § 1, effective March 28. L. 2002: (1)(a.5) added, p. 904, § 1, effective May 31. L. 2003: (1)(a) and (1)(a.5) amended and (1.3) added, p. 802, § 4, effective August 6. L. 2006: (1)(b) repealed, p. 593, § 2, effective April 24. L. 2008: (1)(a), IP(1)(a.5), (1)(c), (2), and (3) amended, p. 1960, § 11, effective January 1, 2009. L. 2010: (2)(a) amended, (HB 10-1043), ch. 92, p. 316, § 13, effective April 15; entire section amended, (SB 10-068), ch. 160, p. 551, § 5, effective January 1, 2011. L. 2013: (1.3) amended, (HB 13-1055), ch. 10, p. 25, § 1, effective August 7. L. 2015: (1)(a)(II) and (1)(a)(III) amended and (1)(a)(IV) added, (SB 15-012), ch. 282, p. 1155, § 3, effective August 5. Editor's note: Amendments to subsection (2) in House Bill 10-1043 and Senate Bill 10068 were harmonized, effective January 1, 2011. 26-2-709.5. Exit interviews and follow-up interviews of participants. (1) In order to follow the legislative intent declared in section 26-2-702 (1)(a), a county department is strongly encouraged to conduct exit and follow-up interviews upon case closure, either in person or by telephone, with all participants of the Colorado works program, including participants who are or have been receiving short-term assistance payments pursuant to section 26-2-706.6. The interviews shall be for the purpose of providing information to the participant and offering assistance with applications for or continuance of assistance under medicaid, food stamps, the Colorado child care assistance program, the earned income tax credit, or other programs such as welfare-to-work or other county benefits or services. (2) Repealed. Source: L. 2001: Entire section added, p. 654, § 1, effective August 8. L. 2004: (2) repealed, p. 471, § 2, effective August 4. L. 2008: (1) amended, p. 1963, § 12, effective January 1, 2009. 26-2-710. Administrative review. (1) The state department shall promulgate rules for an administrative review process. (2) All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department. (3) If a participant does not agree with or fails to participate in a program or service identified in the IRC, the participant shall continue to receive the basic cash assistance grant that the participant received at the time the appeal is requested during the pendency of any appeal process. (4) An applicant or participant who believes the IRC proposed by the county is unreasonable has a right to request a review of the proposed IRC by the county department Colorado Revised Statutes 2019 Page 144 of 490 Uncertified Printout pursuant to a process designated by the county in its written county policy. If the applicant or participant requests such review, the county shall provide the applicant or participant the opportunity for a county level review by a person not directly involved in the initial determination. The review shall be limited to determining whether the terms of the disputed IRC are reasonable within the context of the county's written policy. The reviewer shall issue a written decision for the county regarding the resolution of the outstanding issues involving the proposed IRC. The time frame for such review shall be specified by the county in its written county policy. Source: L. 97: Entire part added, p. 1203, § 1, effective June 3. L. 99: Entire section amended, p. 659, § 2, effective May 18. 26-2-711. Works program - sanctions against participants - rules. (1) (a) The state board shall promulgate rules for the imposition of sanctions affecting the basic cash assistance grant as described in section 26-2-709 (1). The rules shall require: (I) Imposition of sanctions upon a participant who fails, without good cause as determined by the county, to comply with the terms and conditions of his or her IRC; (II) A percentage reduction in the basic assistance grant upon the first imposition of a sanction affecting such basic assistance grant, with the percentage to be specified in the rules but not less than twenty-five percent; (III) Specific reductions in the basic assistance grant for second and subsequent sanctions affecting the basic assistance grant; (IV) Imposition of sanctions either in the month following the decision to sanction and in subsequent months thereafter until the full amount of any sanctions have been withheld or, in the event that a participant has appealed the imposition of a sanction, in the month following the final decision of the appeal process and in subsequent months thereafter until the full amount of any sanctions have been withheld. (b) Nothing in the state board rules promulgated pursuant to paragraph (a) of this subsection (1) shall prevent a county from denying the basic cash assistance grant in its entirety to a participant who refuses, as evidenced by an affirmative statement by the participant or demonstrable evidence, to participate in training, education, or work. (c) The state board rules promulgated pursuant to paragraph (a) of this subsection (1) shall establish the period of time that sanctions affecting the basic cash assistance grant shall be in effect and the period of time within which a participant who has been denied the basic cash assistance grant by a county pursuant to paragraph (b) of this subsection (1) may take action for reinstatement into the works program. (2) A county shall have the authority to determine and impose sanctions affecting other assistance as described in section 26-2-706.6. The sanctions shall be based upon fair and objective criteria that have been developed and adopted by the county and are consistent with state and federal law. (3) If a county department elects to suspend payment of child care assistance, it may suspend such assistance in its entirety. (4) In no event shall a county department impose any sanction on a participant that adversely affects the participant's receipt of food stamps beyond those allowable sanctions Colorado Revised Statutes 2019 Page 145 of 490 Uncertified Printout provided for in federal regulations and state rules or medical assistance pursuant to the provisions of articles 4, 5, and 6 of title 25.5, C.R.S. (5) (a) A person shall not be required to participate in work activities if good cause exists as determined by the county. (b) Good cause does not constitute an exemption from work or time limits. Good cause is, however, a proper basis for not imposing a sanction for nonparticipation in a work activity, and may include, but need not be limited to, participation in a Colorado works controlled substance abuse control program pursuant to section 26-2-706.6 (7). (6) (Deleted by amendment, L. 2008, p. 1963, § 13, effective January 1, 2009.) (7) If a participant or an applicant has misrepresented residence to obtain benefits in two or more states at the same time, such person shall be ineligible for benefits under the works program for a period of ten years. Source: L. 97: Entire part added, p. 1203, § 1, effective June 3. L. 99: (5) amended, p. 1361, § 3, effective June 3. L. 2006: (4) amended, p. 2018, § 101, effective July 1. L. 2008: IP(1)(a), (1)(b), (1)(c), (2), (5)(b), and (6) amended, p. 1963, § 13, effective January 1, 2009. 26-2-712. State department duties - authority. (1) Plan submission. The state department shall submit and amend as necessary a plan to the secretary of the federal department of health and human services that is consistent with the provisions of this part 7 and federal law. (2) County block grant allocation. (a) The state department shall allocate the amount of moneys that shall be provided to a county as a county block grant for the purposes of a county's administration and implementation of the works program pursuant to section 26-2-714. (b) Except as provided in section 26-2-720.5, the county block grant shall represent the total amount that a county shall receive from the state for the administration and implementation of the Colorado works program. (3) Maintenance of effort. The state department shall monitor the state's progress toward meeting the levels of spending required under the federal law and section 26-2-713. (4) Performance measurements. (a) The state department shall develop performance goals and a formula for measuring a county's progress toward meeting such performance goals in administering and implementing the works program with county block grants. The state department shall provide data gathered on behalf of each county to the general assembly on a quarterly basis regarding employment- and training-related performance measures for the works program. Such data must include wages earned by works program participants upon leaving the program, job retention rates, and other related information. Such data must be provided through the state department's computerized systems, if available. Counties are not required to provide additional manual or computerized systems to gather such data. The state department shall work with the state work force development council to gather data on works program participants who participate in training and job placement programs offered by work force development boards and the result of such participation. (b) The formula may be based upon the formula developed by the secretary of the federal department of health and human services after consultation with the national governors' association and the American public welfare association for measuring states' performance under the TANF block grants. Colorado Revised Statutes 2019 Page 146 of 490 Uncertified Printout (5) Oversight. In connection with overseeing the works program, the specific duties of the state department are to: (a) Oversee the implementation of the works program statewide and, in connection with such oversight, develop standardized forms for the counties' use in streamlining the application process, delivery of services, and tracking of participants; (b) Monitor the state's progress in meeting the work participation requirements set forth in federal law; (c) Establish a process to implement the provisions for regionalization set forth in section 26-2-718 pursuant to which any combination of county departments may be approved by the state department to administer and implement the works program pursuant to the provisions of this part 7; (d) Establish statewide goals and monitor the state's progress toward meeting such goals for the reduction in the incidence of pregnancies of women and men who are not married; (e) Monitor the counties' provision of basic cash assistance grants pursuant to section 262-706.6 and, if necessary due to increased caseloads or economic downturns, do the following to ensure that the basic cash assistance grant is provided in a consistent manner statewide: (I) Grant moneys to one or more counties from the county block grant support fund administered pursuant to section 26-2-720.5; or (II) If no funds administered pursuant to section 26-2-720.5 are available: (A) Request supplemental appropriations from the general assembly, including but not limited to an appropriation from the Colorado long-term works reserve created pursuant to section 26-2-721; or (B) Reduce the county block grant of any county that maintains moneys in a county reserve account pursuant to section 26-2-714 (5) in order that moneys may be made available to one or more counties to avoid the need to reduce or eliminate the basic cash assistance grant statewide. If the state department makes a reduction in a county's reserve account pursuant to this sub-subparagraph (B), the state department shall increase the county's block grant for the following fiscal year by the amount of the reduction authorized pursuant to this subsubparagraph (B); or (III) After taking the actions described in subparagraphs (I) and (II) of this paragraph (e), take any actions necessary to reduce the costs of, or reduce or eliminate, the basic cash assistance grant statewide. (6) (Deleted by amendment, L. 2008, p. 1964, § 14, effective January 1, 2009.) (7) Colorado works program capacity building. The state department shall develop training for case workers and other service providers so that they are knowledgeable and may assist persons who receive assistance through the Colorado works program in: (a) Identifying goals, including work activities, time frames for achieving selfsufficiency, and the means required to meet these benchmarks; (b) Obtaining supportive services such as mental health counseling, substance abuse counseling, domestic violence services, life skills training, and money management and parenting classes; (c) Utilizing the family's existing strengths; (d) Providing ongoing support and assistance to the family in overcoming barriers to training and employment; (e) Monitoring the progress of the family toward attaining self-sufficiency; Colorado Revised Statutes 2019 Page 147 of 490 Uncertified Printout (f) Understanding and properly utilizing data reporting systems to report participation data and outcomes required by the state department; and (g) Providing opportunities for persons working with Colorado works participants to access professional-level curriculum to become proficient in assessing participant needs and developing individual plans to address those needs. (8) Domestic violence services training - rules. (a) To facilitate the proper identification, screening, and assessment of past and present victims of domestic violence who apply for or participate in the Colorado works program and to assist counties in complying with the provisions of this subsection (8) and section 26-2-708 (5), the state board shall promulgate rules that require the state department to provide ongoing domestic violence training and appropriate domestic violence training materials to county staff and to: (I) Assist counties in developing local resources and using available community resources to provide counseling and supportive services to past and present victims of domestic violence; and (II) Require counties to make applicants to and participants in the Colorado works program aware of the services and assistance provided by the state department pursuant to this subsection (8) and by the county. (b) The state department may contract with an individual or entity that has demonstrated expertise in the area of domestic violence assistance for the provision of the services specified in this subsection (8). (9) Waiver process. (a) Except as provided in paragraph (c) of this subsection (9), the governor and the state department, acting jointly, may grant a county's application for a waiver of any requirement of this part 7 or the rules promulgated pursuant to this part 7. Any waiver granted pursuant to this subsection (9) shall be designed to improve methods of achieving participants' self-sufficiency, meeting work participation rates and performance goals, or reducing dependency. (b) Any application for a waiver shall include a statement of the purpose of the waiver. The application shall be submitted to the governor and the state department no later than October 1 of the year immediately preceding the year in which the county intends to implement the waiver. The county shall provide notice of its application to all adjacent counties. The governor and the state department shall grant or deny the county's application no later than December 1 of the year in which the county applied. A waiver granted pursuant to this subsection (9) shall take effect on January 1 of the year immediately following approval of such waiver. The governor and the state department shall specify the duration of such waivers. (c) The state department and the governor shall not approve an application under this subsection (9) that proposes to waive any statute or rule governing statewide eligibility, the amount of the basic cash assistance grant, the county maintenance of effort, or any requirement of the federal law. The governor and the state department shall not approve an application under this subsection (9) that proposes to waive a participant's right to appeal a county determination under the works program, but they may approve the waiver of statutes or rules governing the method or procedure for such appeal. (d) The governor and the state department may approve any number of applications for waivers of one or more provisions of this part 7 or of the rules promulgated pursuant to this part 7, so long as such waivers meet the requirements of paragraphs (a), (b), and (c) of this subsection (9). Colorado Revised Statutes 2019 Page 148 of 490 Uncertified Printout (e) In the event that the governor has reason to believe that a county's implementation of the works program pursuant to a waiver granted under this subsection (9) fails to satisfy the requirements of the federal law or is inconsistent with the purposes of the works program as set forth in section 26-2-705, the governor may revoke the waiver granted to the county and require the county to resume implementation of the works program pursuant to the provisions of this part 7 and the rules promulgated pursuant to this part 7. (f) In the event that the governor and the state department grant waivers to a county pursuant to this subsection (9), the performance contract entered into between the county and the state department pursuant to section 26-2-715 shall be amended to reflect the county's authority to implement the works program in accordance with the waivers granted and the governor's authority to revoke the waivers in accordance with paragraph (e) of this subsection (9). (10) Job market analysis. The state department, the department of labor and employment, and the state board for community colleges and occupational education created in section 23-60-104 (1)(b), C.R.S., shall annually analyze job market information in order to establish a compilation of the types of jobs most appropriate and likely to lead to long-term selfsufficiency for participants. As used in this subsection (10), "job market information" means any state or regional job market or labor data or statistics or any information related to state or regional labor trends that the department of labor and employment may have or to which it may have access. (11) Tuition voucher system. (a) The state department shall collaborate with the state board for community colleges and occupational education, created in section 23-60-104 (1)(b), C.R.S., to develop a tuition voucher system pursuant to which a participant may attend courses at an institution in the state's system of community and technical colleges by using a tuition voucher. (b) The state department and the state board for community colleges and occupational education, created in section 23-60-104 (1)(b), C.R.S., shall enter into a cooperative arrangement to make available appropriate educational and academic training programs for participants who receive tuition vouchers. Source: L. 97: Entire part added, p. 1204, § 1, effective June 3. L. 2001: (4)(a) amended, p. 414, § 2, effective August 8; (9)(b) amended, p. 1174, § 13, effective August 8. L. 2008: (7) amended, p. 1964, § 14, effective June 2; (4)(a) amended, p. 1291, § 6, effective July 1; (1), (2), (5)(a), (5)(b), (5)(e), (6), (8), and (9)(c) amended and (10) and (11) added, p. 1964, § 14, effective January 1, 2009. L. 2017: (4)(a) amended, (SB 17-294), ch. 264, p. 1410, § 95, effective May 25. L. 2018: IP(5) and (5)(d) amended, (SB 18-095), ch. 96, p. 756, § 17, effective August 8. Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018. 26-2-713. State maintenance of effort. The general assembly shall make annual appropriations from state funds for the works program which, together with the expenditures made by counties under the works program, shall be applied toward the state's maintenance of historic effort as specified in section 409 (a)(7) of the social security act. Colorado Revised Statutes 2019 Page 149 of 490 Uncertified Printout Source: L. 97: Entire part added, p. 1208, § 1, effective June 3. L. 2000: Entire section amended, p. 280, § 2, effective March 31. 26-2-714. County block grants formula - use of moneys - rules. (1) (Deleted by amendment, L. 2008, p. 1967, § 15, effective January 1, 2009.) (1.5) Moneys appropriated by the general assembly to the county block grant line shall remain appropriated and available to counties pursuant to the procedures specified in this section. (2) Subject to available appropriations, in state fiscal year 2009-10 and in each fiscal year thereafter, the state department, with input from the works allocation committee, shall set the amount of the county block grants based on demographic and economic factors within the counties. (2.5) In the event that the state department and the works allocation committee do not reach an agreement in setting the amounts of the county block grants pursuant to the provisions of subsection (2) of this section on or before June 15 of each state fiscal year, the works allocation committee shall submit alternatives to the joint budget committee of the general assembly from which the joint budget committee shall identify each individual county's block grant for the state fiscal year commencing on the immediately succeeding July 1. (3) Nothing in subsections (2) and (2.5) of this section shall prevent a county from transferring at any time during the fiscal year, pursuant to procedures established by the state department and the works allocation committee, a portion of the county's current federal TANF allocation to another county in exchange for an amount of county moneys equal to the maintenance of effort associated with the allocation. (4) The state department shall identify the portion of moneys in the county block grant that may be spent on administrative costs. (5) (a) (I) (A) A county shall be authorized to maintain a reserve account of county block grant moneys pursuant to rules promulgated by the state department. (B) Pursuant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section, upon the conclusion of state fiscal year 2010-11, and upon the conclusion of each state fiscal year thereafter, the works allocation committee may transfer to another county on or before November 1 of the succeeding fiscal year, any unspent county TANF reserves in excess of forty percent of the county's county block grant for the concluding state fiscal year. TANF reserves transferred to a county pursuant to this sub-subparagraph (B) shall be available to the county in the succeeding state fiscal year. (C) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.) (D) If the works allocation committee transfers excess unspent TANF reserves pursuant to sub-subparagraph (B) of this subparagraph (I), the county from which the reserves are transferred shall receive appropriate maintenance of effort credit for those reserves. The county receiving the TANF reserves shall be responsible for providing an amount of county moneys equal to the maintenance of effort associated with the TANF reserves. (E) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.) (II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, in state fiscal year 2008-09, and in each state fiscal year thereafter, a county with an Colorado Revised Statutes 2019 Page 150 of 490 Uncertified Printout annual county block grant amount of two hundred thousand dollars or less shall make available to the works allocation committee for transfer to another county pursuant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section any unspent TANF reserves in excess of one hundred thousand dollars. (III) As used in this subsection (5), "unspent TANF reserves" means the amount deposited in a county reserve account plus any unspent TANF transfers authorized pursuant to this subsection (5) and subsections (7) and (9) of this section. (IV) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.) (b) A county shall be required to maintain in such county's social services fund created pursuant to section 26-1-123 any county funds that were appropriated pursuant to section 26-2716 (1)(a) and section 26-1-122 (6) in order to meet the targeted spending level required pursuant to subsection (6) of this section but not actually expended on the works program during the state fiscal year for which the county appropriated such funds. (5.5) (a) The state department is authorized to segregate county block grant funds allocated under this section. (b) If the state department segregates county block grant funds as authorized under this subsection (5.5): (I) County departments shall report to the state expenditures they have made in a segregated manner, according to rules promulgated by the state board in accordance with applicable federal law; (II) The counties shall develop policies regarding the use of segregated funds under this subsection (5.5); (III) Funds shall be segregated in order to ensure maximum flexibility and to allow counties to provide additional assistance or services, in accordance with federal law. (c) Repealed. (d) The state board shall promulgate rules as necessary to implement this subsection (5.5). (6) (a) Targeted spending levels. For state fiscal year 1997-98 and each state fiscal year thereafter, a county's targeted spending level shall be an amount that meets or exceeds one hundred percent of the county's spending on AFDC, JOBS, and the administrative costs related to those programs in state fiscal year 1995-96. (b) Repealed. (c) Actual spending levels - 1998-99 and thereafter. (I) For state fiscal year 1998-99 and for each state fiscal year thereafter, all counties collectively shall be required to meet levels of spending on the works program that are set forth in the annual long appropriation act, subject to the provisions of subsection (8) of this section. (II) For state fiscal year 1998-99 and for each state fiscal year thereafter, each county's actual level of spending shall be identified by the works allocation committee created in subparagraph (IV) of this paragraph (c) no later than June 15 of each state fiscal year for the immediately succeeding state fiscal year. Prior to determining each county's actual spending level, the works allocation committee shall ensure that all counties have been notified of the recommended actual spending level and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's actual level of spending for a state fiscal year on or before June 15 of Colorado Revised Statutes 2019 Page 151 of 490 Uncertified Printout such prior state fiscal year, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's level of spending for a state fiscal year. The amount identified for a county's level of spending shall be identified in the county's performance contract with the state department entered into pursuant to section 26-2-715. (III) The works allocation committee shall also identify the amount of mitigation that shall be allocated for a small county in accordance with the provisions of subsection (8) of this section. The works allocation committee may create a subcommittee that represents the interests of small counties as defined in subsection (8) of this section, which subcommittee may make recommendations concerning the mitigation amounts to be allocated for a small county pursuant to the provisions of subsection (8) of this section. (IV) There is hereby created the works allocation committee that shall consist of eleven members, eight of whom shall be appointed by a statewide association of counties and three of whom shall be appointed by the state department. Of the members appointed by the statewide association of counties, at least two members shall be from small or medium-sized counties, and at least three shall be from large counties. The appointing authorities shall consult with each other to ensure that the works allocation committee is representative of the counties in the state. A representative from the county that has the greatest percentage of the state's works caseload will automatically be appointed, which appointment shall be credited against the eight appointments allocated to the statewide association of counties. The works allocation committee shall develop its own operational procedures. (V) The works allocation committee shall determine the priority criteria for transfers of excess unspent TANF reserves to a county pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (5) of this section and the amount of the transfers. With the goal of increasing the counties' minimum percentage reserve balances, the works allocation committee's priority criteria shall give first priority to transfers to counties that have no more than a ten percent balance in the county's TANF reserve account. If moneys remain after satisfying the first priority criterion, second priority shall be given to transfers to those counties whose TANF reserves are more than ten percent, but no more than twenty percent. (7) The county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to the child care development fund if child care funds are not available. (8) (a) As used in this subsection (8), unless the context otherwise requires: (I) "Annual maximum mitigation amount" means that portion of the total amount of county funds identified in the annual long appropriation act that may be used for mitigation for small counties in that state fiscal year. (II) "Mitigation" means a specific reduction in a county's targeted spending level established pursuant to paragraph (a) of subsection (6) of this section or a specific reduction in a county's actual spending level established pursuant to paragraph (c) of subsection (6) of this section that is authorized pursuant to the provisions of this subsection (8). Mitigation can occur for targeted spending levels or actual spending levels or for both types of spending levels. (III) "Small county" means a county with less than thirty-eight one hundredths of one percent of the total caseload of the works program statewide. The state department, with input Colorado Revised Statutes 2019 Page 152 of 490 Uncertified Printout from the works allocation committee, shall determine what shall constitute the total caseload of the works program and the time at which such caseload shall be established. (b) Subject to the identification of an annual maximum mitigation amount in the annual long appropriation act and the criteria identified in paragraph (c) of this subsection (8), the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section is authorized to identify the amount or amounts of any mitigation that shall be allocated to a small county in a specific state fiscal year. The works allocation committee shall notify the state department of any agreement concerning the allocation of any annual maximum mitigation amount in accordance with the provisions of this subsection (8). (c) The criteria that the works allocation committee shall use include but are not limited to the following: (I) The assessment of the equity of a small county's total program expenditures as they relate to the targeted or actual spending level for the small county; (II) The extent to which the small county will have insufficient revenues to meet its targeted or actual spending level; and (III) The extent to which the provision of any mitigation may enhance the efforts of a small county or group of small counties to regionalize pursuant to the provisions of section 26-2718. (9) (a) For state fiscal year 1997-98, and for each state fiscal year thereafter, a county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to programs funded by Title XX of the federal social security act. (b) A county may make the transfer authorized by paragraph (a) of this subsection (9) only for expenditures that are allowable under programs funded by Title XX of the federal social security act, subject to the following provisions: (I) If the funds transferred are used for the provision of child welfare services as defined in section 26-5-101 (3), the county may only make the transfer: (A) After the county has made allowable expenditures of all funds in the county's capped or targeted allocation or allocations for child welfare services, other than for core services as referred to in section 26-5-101 (3)(f); and (B) For the expenditures for child welfare services other than out-of-home placement services as described in section 26-5-101 (3)(i). (II) A county shall not be required to appropriate funds to provide a county match pursuant to the provisions of section 26-1-122 for any funds transferred pursuant to the provisions of this subsection (9). (III) A county shall not be authorized to use funds transferred pursuant to the provisions of this subsection (9) for the purpose of supplanting funds that: (A) The county would otherwise be required to appropriate pursuant to section 26-1-122 in order to provide a county match for public assistance programs; or (B) The county would otherwise appropriate in order to continue the provision of services under a program of public assistance administered with county only funds in the prior fiscal year. (c) The state board shall promulgate rules governing procedures for transfers authorized pursuant to the provisions of this subsection (9). Colorado Revised Statutes 2019 Page 153 of 490 Uncertified Printout (d) A county may make a transfer authorized by paragraph (a) of this subsection (9), within the limitations imposed by state and federal law on such transfers, in order to fund various programs for the improvement of child care. Such transfers may be used for minor remodeling of licensed child care facilities or facilities legally exempt from licensing requirements pursuant to section 26-6-103 (1), including but not limited to physical modifications for the purpose of licensure or accreditation, construction or improvement of fencing or other safety and security fixtures or other uses not prohibited under 42 U.S.C. sec. 1397d. (10) (a) If the state meets federal work participation rates and qualifies for a percent reduction in the state's maintenance of effort as specified in federal law for any year, the actual spending level for the works program of all counties collectively shall be reduced by the same amount as the amount of the reduction in the federal maintenance of effort requirement. (b) For the purposes of this subsection (10), "percent reduction" means the percent of reduction of historical expenditures as that term is defined in section 409 (7)(b) of the federal social security act, as amended. (c) For any year in which a percent reduction in the state's maintenance of effort requirement occurs, the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section shall determine each county's share of the reduction in actual spending levels. Prior to making such determination, the works allocation committee shall ensure that all counties have been notified of the recommended reduction for each county and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's reduction in actual spending levels, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's reduction in actual spending levels. The state department is authorized to adjust each county's share of the reduction in actual spending levels. The state department is authorized to adjust each county's actual spending level for any percentage reduction earned in accordance with the determination of the works allocation committee concerning each county's share of the reduction. Source: L. 97: Entire part added, p. 1208, § 1, effective June 3. L. 98: (9) added, p. 779, § 1, effective May 22; (2), (5), and (6) amended and (2.5) and (8) added, p. 1192, § 2, effective June 1. L. 2000: (2), (5)(a), (6)(c)(II), (7), (8)(a)(II), (8)(c), and (9)(a) amended and (10) added, p. 280, § 3, effective March 31; (9)(c) added, p. 36, § 1, effective May 14. L. 2002: (5.5) added, p. 141, § 1, effective March 27; (5)(a) amended, p. 281, § 1, effective July 1. L. 2004: (5)(a) amended, p. 369, § 1, effective July 1; (6)(b) repealed, p. 204, § 24, effective August 4. L. 2007: (5.5)(c) repealed, p. 123, § 1, effective August 3. L. 2008: (1), (2), (2.5), and (5)(a) amended, p. 1967, § 15, effective January 1, 2009. L. 2011: (1.5) and (6)(c)(V) added and (3) and (5)(a) amended, (SB 11-124), ch. 183, pp. 695, 697, §§ 1, 2, effective May 19. L. 2013: (6)(c)(IV), (HB 13-1087), ch. 37, p. 106, § 2, effective March 15. 26-2-714.5. Adjusted work participation rate - notification - county authorization career and technical education. (1) As used in this section, unless the context otherwise requires, "federal credit" means the caseload reduction credit as calculated pursuant to 45 CFR 261.40 or any employment credit, caseload reduction credit, or other credit against such rate for a fiscal year that may be subsequently adopted by the federal government. Colorado Revised Statutes 2019 Page 154 of 490 Uncertified Printout (2) The state department shall notify each county, within thirty days after the beginning of the state fiscal year, of the state department's projection regarding the adjusted rate that the state must attain for the fiscal year in order to be in compliance with federal requirements, based on the state's estimate of the federal credit the state anticipates qualifying to receive. This adjusted rate shall be the county's adjusted work participation rate for that state fiscal year. (3) Each county is authorized to place participants in career and technical education, as that term is defined by rule of the state board, for longer than twelve months in order to meet critical skills shortages in the labor market; except that the percentage of participants allowed to satisfy program requirements through career and technical education of longer than twelve months in a county shall not exceed seventy-five percent of the state's estimate of the federal credit. (4) The provisions of this section shall be implemented by the state department consistent with the requirement of section 26-2-715 (1)(a)(III). (5) The state department may suspend a county's ability to place participants in career and technical education for longer than twelve months if the state department certifies that allowing career and technical education to count toward a works participant's required work activities would affect the state's ability to meet federal work participation rates. Source: L. 2004: Entire section added, p. 89, § 1, effective March 9. L. 2017: (3) and (5) amended, (SB 17-294), ch. 264, p. 1410, § 96, effective May 25. 26-2-714.7. Work participation rates - increases - county strategies - report - repeal. (Repealed) Source: L. 2007: Entire section added, p. 1522, § 1, effective May 31. L. 2008: (1)(b) and (1)(f) amended, p. 1969, § 16, effective January 1, 2009. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2010. (See L. 2007, p. 1522.) 26-2-715. Performance contracts. (1) (a) Each county, either acting singly or with a group of counties, shall enter into an annual performance contract with the state department that shall identify the county's or group of counties' duties and responsibilities in implementing the works program and the Colorado child care assistance program, described in part 8 of this article. The performance contract shall include but not be limited to: (I) Requirements and provisions that address the county's or group of counties' duty to administer and implement the works program and the Colorado child care assistance program using fair and objective criteria; (II) Provisions that prohibit the county or group of counties from reducing the basic cash assistance grant administered pursuant to section 26-2-709 and monitored by the state department pursuant to section 26-2-711 and provisions that prohibit the county or group of counties from restricting eligibility or the provision of services or imposing sanctions in a manner inconsistent with the provisions of this part 7 or the provisions in the state plan submitted to the secretary of the federal department of health and human services pursuant to section 26-2-712; Colorado Revised Statutes 2019 Page 155 of 490 Uncertified Printout (III) Work participation rates for the county or group of counties that shall ensure that the state will be able to meet or exceed its work participation rates under the federal law. (b) A county or group of counties may be sanctioned for not meeting any obligation under such performance contract. Such sanctions must be identified in the performance contract and may include a reduction in a future county block grant allocation. (2) The performance contract shall set forth the circumstances under which the state department may elect that it or its agent assume the county's or group of counties' administration and implementation of the works program and the Colorado child care assistance program. (3) If the state department and the county or group of counties are unable to reach agreement on the contract, either party may request the state board to consider the matter, and the state board shall schedule the matter for hearing within thirty days after receipt of the request. The state board shall issue a decision on the matter which shall be considered binding on all parties. If necessary to assure services are available within the county or group of counties, the state department may enter into a temporary agreement with the county or group of counties or with another public or private agent until the matter is resolved by the state board. Source: L. 97: Entire part added, p. 1209, § 1, effective June 3. L. 2008: IP(1)(a) and (1)(a)(II) amended, p. 1969, § 17, effective January 1, 2009. 26-2-716. County duties - appropriations - penalties - hardship extensions domestic violence extensions - incentives - rules. (1) (a) (I) The board of county commissioners in each county of this state shall annually appropriate as provided by law such moneys as required pursuant to section 26-1-122 (6). (II) In the case of two or more counties jointly administering a county block grant under the provisions of this part 7, each county involved shall appropriate the funds necessary to defray its proportionate costs of implementing the works program. (b) A county department shall keep such records and accounts in relation to the costs of administering and implementing the works program. (c) Whenever a county anticipates that it may be financially unable to meet requests for assistance from participants, the county may seek additional moneys from the county block grant support fund administered by the state department pursuant to section 26-2-720.5. (2) In connection with administering a county block grant, a county department shall: (a) Meet the work participation rate as set forth in the performance contract with the state department pursuant to section 26-2-715; (b) Report to the state department the information required to enable the state department to track participants' length of time for receipt of assistance and to enable the state department to provide written notice to applicants and participants of their rights; (c) Provide written notification to applicants and recipients of their responsibilities and options available under the works program, including but not limited to time limits, domestic violence waivers, extensions or exemptions, and services available. Verbal notice shall be provided when requested. (d) Submit the reports required pursuant to section 26-2-717; (e) Use an income eligibility verification system (IEVS) to verify eligibility information against federal social security administration and internal revenue service files; Colorado Revised Statutes 2019 Page 156 of 490 Uncertified Printout (f) Provide Title IV-D services to participants and require assignment of rights to child support by participants and participant cooperation with establishment and collection of child support, except as to participants receiving short-term assistance pursuant to section 26-2-706.6; (g) Make available opportunities for participants to have individual development accounts for home purchase, business capitalization, or higher education in accordance with federal law; (h) Meet the required maintenance of effort as identified in section 26-2-714. (2.5) The board of county commissioners in each county shall adopt official written policies for implementing aspects of the Colorado works program that counties have the statutory authority and flexibility to determine under this part 7. Such policies shall include, without limitation, a description of the kinds of assistance available under the Colorado works program within the county, any eligibility criteria for assistance that may be unique to the county, and the process by which such eligibility and assistance is determined on an individual basis. Such policies shall not be construed to create an entitlement to any service or benefit under the Colorado works program in any county for any applicant or participant, and shall not limit the flexibility of a county to respond to the individual circumstances of a participant. The board of county commissioners in each county shall make such policies available to applicants and participants. (3) (a) No person in a work activity described in section 26-2-703 (21) shall be employed by, or assigned to, an employer if: (I) Any other person is on layoff from the same or any substantially equivalent job with such employer; or (II) Such employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of the workforce in order to fill the vacancy with a participant; or (III) Placement of the person with the employer will result in a reduction of hours, regular or overtime, wages, or benefits of persons currently employed by the employer; or (IV) The position is available due to a labor dispute, strike, lockout, or violation of a collective bargaining agreement. (b) A uniform statewide grievance procedure for resolving complaints of alleged violations of displacements shall be established by the department of labor and employment. (c) All state and federal laws affecting workers and employers shall apply to all participants, including but not limited to state and federal minimum and prevailing wage laws, workers' compensation, unemployment insurance, occupational safety and health administration coverage where applicable, the federal "Fair Labor Standards Act of 1938", as amended, all federal, state, and local antidiscrimination laws, and all labor laws affecting the rights of employees to organize. (d) All participants shall be entitled to the same wages and benefits, including but not limited to sick leave and holiday and vacation pay, as are offered to employees who are not participants and who have similar training or experience performing the same or similar work at a specific work place. (4) (a) A county may not use county block grant moneys except as specifically authorized pursuant to the provisions of this part 7 and rules promulgated by the state board or state department to implement the provisions of this part 7. If the state department has reason to believe that a county has misused county block grant moneys and has given the county an Colorado Revised Statutes 2019 Page 157 of 490 Uncertified Printout opportunity to cure the misuse and the county has failed to cure, the state department may reduce the county's block grant for the succeeding state fiscal year by an amount equal to the amount of moneys misused by the county. (b) A county found out of compliance with its performance contract or any provision of the works program may be assessed a financial sanction. The financial sanction must be replaced by county moneys. The state board shall promulgate rules for county sanctions that include financial sanctions and may include other sanctions. Any moneys resulting from the imposition of a financial sanction shall be transmitted to the Colorado long-term works reserve created in section 26-2-721, but only if the state has not incurred a federal sanction for the same act that gave rise to the county sanction. (5) (a) County departments are authorized to administer hardship and domestic violence extensions for needy families that have exceeded the sixty-month lifetime limit for receipt of assistance set forth in the federal law. The county departments shall approve or deny hardship extensions or domestic violence extensions pursuant to fair and objective criteria established by the state board. The state board, by rule, shall establish hardship criteria, and each county shall apply the hardship criteria to all participants seeking extensions. A county, in its written county policies, may define additional reasons for granting hardship extensions. A county may not grant hardship or domestic violence extensions for a duration longer than six months. (b) All participants shall have the opportunity to request extensions in their counties of residence. A participant who has been granted an initial extension may request additional extensions prior to the end of the current extension period. If a participant fails to request an extension on a timely basis, an extension may be granted if the participant demonstrates good cause. Whether good cause has been established shall be determined at the sole discretion of the county department and shall not be appealable. (c) The state department shall send notice to participants approaching the sixty-month limit on lifetime receipt of assistance pursuant to subsection (2) of this section. The county departments shall make all reasonable efforts to contact a participant by phone or in person to explain the extension process and to accept a request for an extension. Participants may also make such requests in writing. (d) A person who is granted a hardship extension or a domestic violence extension shall be required to complete an individual responsibility contract and shall be required to follow all the terms and conditions of the IRC, including the participation activities required of the participant as a condition of the extension, as outlined in the IRC. (e) Sanctions and terminations pursuant to section 26-2-711 shall apply during the period of an extension granted pursuant to this section. Participants may appeal adverse actions consistent with sections 26-2-127 and 26-2-710. (f) The county department shall have thirty days after the receipt of a request for an extension to make a decision whether to grant or deny the extension. When granting the extension the county department shall send notice of such extension to participants. The county department shall send a denial notice to a participant who applies for but is denied a hardship extension due to lack of available extensions or for any other reason, which reason shall be included. The county department shall send a denial notice to a participant who applies for but is denied a domestic violence extension, which shall include the reason for the denial. If the state exceeds the twenty-percent numerical limit on the number of extensions that may be granted under the federal law due to the inclusion of domestic violence extensions, then the state Colorado Revised Statutes 2019 Page 158 of 490 Uncertified Printout department shall determine how many of those domestic violence extensions qualify as domestic violence waivers granted pursuant to section 26-2-708 (5) and if this determination indicates that the state exceeds the twenty-percent numerical limit due to domestic violence extensions that qualify as domestic violence waivers, the state department shall demonstrate to the federal government that its failure to comply with the sixty-month limit was attributable to federally recognized good cause domestic violence waivers in accordance with the provisions of 45 CFR 260, subpart B. (g) The state board shall promulgate rules establishing the criteria for hardship extensions and for establishing a system for allocating the number of extensions available for each county. (h) Nothing in this section shall be construed to prohibit a former participant from requesting a hardship or domestic violence extension, after the lapse of the sixty-month lifetime limit, when new hardship or domestic violence factors occur, to the extent permissible under state and federal law. (i) This subsection (5) shall only apply to participation in the Colorado works program, as contained in this part 7. (6) In the event that a county is unable to meet the need for assistance pursuant to section 26-2-709 (2), it may impose cost-reducing measures, including but not limited to proportionate reductions in such assistance, establishment of waiting lists for such assistance, or elimination of such assistance. (7) A county that encompasses an Indian reservation shall consult with the respective Indian tribe concerning the administration and implementation of the works program by that county. Such consultation shall include but not be limited to: (a) Possible exemption of the Indian tribe from the sixty-month time limit of the federal law if that tribe has more than one thousand members and an unemployment rate that exceeds fifty percent; (b) Collection of statistical data on participants, funding for tribal data collection and tribal administration of federally and tribally funded programs; (c) Cooperation and agreement concerning when a tribal member shall be referred to his or her respective tribe for assistance in finding work and how the costs for such assistance may be reimbursed by or otherwise shared with the county. (8) (Deleted by amendment, L. 2008, p. 1969, § 18, effective January 1, 2009.) (9) County departments shall assist families in completing the reporting requirements for transitional medicaid. This shall include informing 1931 medicaid recipients of the transitional medicaid eligibility requirements and the required reporting calendar. (10) A county department shall assist participants in applying for and receiving the earned income tax credit under applicable rules of the federal internal revenue service. Source: L. 97: Entire part added, p. 1210, § 1, effective June 3. L. 98: (2)(f) amended, p. 766, § 17, effective July 1. L. 99: (2.5) added, p. 303, § 1, effective April 15; (8) added, p. 1361, § 4, effective June 3. L. 2000: (4)(b) amended, p. 282, § 4, effective March 31. L. 2001: (9) added, p. 737, § 1, effective July 1. L. 2002: (5) amended, p. 375, § 1, effective April 25. L. 2003: (5)(f) amended, p. 761, § 1, effective March 25. L. 2006: (9) amended, p. 2018, § 102, effective July 1. L. 2008: (1)(c), (2)(f), (4)(b), (5)(a), and (8) amended and (10) added, p. 1969, § Colorado Revised Statutes 2019 Page 159 of 490 Uncertified Printout 18, effective January 1, 2009. L. 2016: (9) amended, (SB 16-189), ch. 210, p. 775, § 72, effective June 6. 26-2-717. Reporting requirements. (1) The state department shall submit, in a timely and accurate manner, case record information on participants to the federal government as required by federal law. (2) to (4) (Deleted by amendment, L. 2008, p. 1970, § 19, effective January 1, 2009.) Source: L. 97: Entire part added, p. 1213, § 1, effective June 3. L. 2006: (1)(h) amended, p. 2018, § 103, effective July 1. L. 2008: Entire section amended, p. 1970, § 19, effective January 1, 2009. 26-2-718. Regionalization. (1) In the event that two or more counties agree to administer and implement the Colorado works program jointly, such counties shall submit resolutions from their boards of county commissioners to the state department that reflect their intention to administer and implement the Colorado works program jointly. (2) The state department shall make a determination to approve or deny the resolutions and notify the counties within thirty days after the receipt of the resolutions. (3) The state department, in conjunction with the boards of county commissioners of the affected counties, shall determine administrative, programmatic, and reporting requirements in connection with the joint operation of the works program by the counties. Source: L. 97: Entire part added, p. 1214, § 1, effective June 3. 26-2-719. Private contracting. The state department and any county department are authorized to award contracts for the administration, implementation, or operation of any aspect of the works program to any appropriate public, private, or nonprofit entity in accordance with applicable county regulations, federal law, and the provisions of the state procurement code, articles 101 to 112 of title 24, C.R.S. Source: L. 97: Entire part added, p. 1215, § 1, effective June 3. L. 2008: Entire section amended, p. 1972, § 20, effective January 1, 2009. 26-2-720. Short-term works emergency fund - repeal. (Repealed) Source: L. 97: Entire part added, p. 1215, § 1, effective June 3. L. 2000: Entire section amended, p. 278, § 1, effective March 31; (2.5) added, p. 429, § 1, effective April 14. L. 2004: (2.5) repealed, p. 205, § 25, effective August 4. L. 2008: (1) amended, p. 1972, § 21, effective June 2. Editor's note: Subsection (1)(c) provided for the repeal of this section, effective July 1, 2008. (See L. 2008, p. 1972.) 26-2-720.5. County block grant support fund - created. (1) The state department shall create a county block grant support fund that shall consist of moneys annually appropriated Colorado Revised Statutes 2019 Page 160 of 490 Uncertified Printout thereto by the general assembly. Any unexpended moneys remaining in the county block grant support fund at the end of a fiscal year shall be remitted to the Colorado long-term works reserve. (2) The state department, with input from the works allocation committee, shall allocate moneys in the county block grant support fund to counties according to criteria and procedures established by the state department and the works allocation committee. (3) A county that meets the criteria established by the state department and the works allocation committee pursuant to subsection (2) of this section may request moneys from the county block grant support fund. Priority shall be given to any county that exhausts all moneys available in the county's block grant for the Colorado works program for that fiscal year. (4) The state department, with input from the works allocation committee, may allocate moneys to counties out of the county block grant support fund during the state fiscal year or at the end of a state fiscal year. (5) If the general assembly appropriates money to the county block grant support fund, the state department shall make a report, as required by section 24-1-136 (9) and (11)(a), to the joint budget committee on any allocations made from the county block grant support fund, including the amount requested by each county and the county's reason for requesting the money, and the amount allocated to each county and the reasons for the state department's decision regarding each request. Source: L. 2008: Entire section added, p. 1972, § 22, effective June 2. L. 2018: (5) amended, (SB 18-164), ch. 37, p. 394, § 3, effective August 8. Cross references: For the legislative declaration in SB 18-164, see section 1 of chapter 37, Session Laws of Colorado 2018. 26-2-721. Colorado long-term works reserve - creation - use. (1) There is hereby created the Colorado long-term works reserve, referred to in this section as the "reserve", that shall consist of unappropriated TANF block grant moneys, state general fund moneys appropriated thereto by the general assembly, and moneys transferred thereto pursuant to sections 26-2-714 (5)(a), 26-2-716 (4)(b), 26-2-720.5 (1), and 26-2-721.3 (1). A county's excess unspent TANF reserves that are transferred to another county pursuant to section 26-2-714 (5)(a)(I)(B) or (5)(a)(I)(C) shall not be considered unappropriated TANF block grant moneys for purposes of this section. Any excess unspent TANF reserves for state fiscal year 2009-10 shall be excluded from the Colorado long-term works reserve and shall be available for transfer to a county pursuant to section 26-2-714 (5)(a)(I)(B). (2) The general assembly, upon request of the state department, may appropriate the moneys in the reserve for the purposes of: (a) Implementing the works program, including but not limited to: (I) Funding the Colorado works program maintenance fund created in section 26-2721.3; and (II) Repealed. (b) Transfers that are allowed under the federal law for transfers to programs funded by Title XX of the social security act or for transfers to the child care development fund. Colorado Revised Statutes 2019 Page 161 of 490 Uncertified Printout (3) Prior to requesting any appropriations from the reserve for the purpose of making transfers, the state department shall consult with counties and provide information to the joint budget committee for the purposes of ensuring that all transfers of TANF funds do not exceed the federal limits for transfers and ensuring that the needs of counties to make transfers authorized pursuant to section 26-2-714 (7) and (9) are considered. (4) Notwithstanding section 24-1-136 (11)(a)(I), no later than August 31, 2018, and no later than June 30 of each year thereafter, the works allocation committee shall submit to the executive director, the governor, and the joint budget committee recommendations for the use of the reserve for the upcoming state fiscal year. In developing annual recommendations, the works allocation committee shall consider the expected reserves and the Colorado works program needs over the next three fiscal years. The state department-appointed members of the works allocation committee are not required to vote on the works allocation committee's annual recommendations. The county-appointed members on the works allocation committee shall draft the annual recommendations. Source: L. 97: Entire part added, p. 1216, § 1, effective June 3. L. 2000: Entire section amended, p. 283, § 5, effective March 31; entire section amended, p. 429, § 2, effective April 14. L. 2001: Entire section amended, p. 981, § 6, effective August 8. L. 2002: Entire section amended, p. 281, § 2, effective July 1. L. 2004: Entire section amended, p. 369, § 2, effective July 1. L. 2008: Entire section amended, p. 1973, § 23, effective June 2. L. 2011: (1) amended, (SB 11-124), ch. 183, p. 697, § 3, effective May 19. L. 2012: (1) amended, (HB 12-1341), ch. 155, p. 555, § 4, effective April 1, 2013; (2)(a)(II)(B) added by revision, (HB 12-1341), ch. 155, p. 555, §§ 4, 6. L. 2018: (4) added, (HB 18-1079), ch. 12, p. 163, § 1, effective August 8. Editor's note: (1) Amendments to this section by Senate Bill 00-065 and Senate Bill 00067 were harmonized. (2) Subsection (2)(a)(II)(B) provided for the repeal of subsection (2)(a)(II), effective April 1, 2013. (See L. 2012, p. 555.) 26-2-721.3. Colorado works program maintenance fund - creation - use - report. (1) There is hereby created the Colorado works program maintenance fund, referred to in this section as the "maintenance fund". The maintenance fund shall consist of moneys appropriated thereto by the general assembly from the Colorado long-term works reserve. The moneys in the maintenance fund shall be subject to annual appropriation by the general assembly to the executive director for use in responding to emergency or otherwise unforeseen purposes that are authorized by this part 7 or by federal law and that are necessary for the efficient and effective implementation of the Colorado works program at the state and county levels. Any unexpended moneys remaining in the maintenance fund at the end of a fiscal year shall revert to the Colorado long-term works reserve. (2) On or before February 15, 2009, and on or before February 15 each year thereafter in such years as funding is received pursuant to this section, the executive director shall report to the joint budget committee and the health and human services committees of the senate and the house of representatives, or any successor committees, concerning the use of money appropriated to the maintenance fund in the preceding fiscal year. Any such reports must be in compliance with the provisions of section 24-1-136 (9) and (11)(a). Colorado Revised Statutes 2019 Page 162 of 490 Uncertified Printout Source: L. 2008: Entire section added, p. 1974, § 24, effective June 2. L. 2018: (2) amended, (SB 18-164), ch. 37, p. 395, § 4, effective August 8. Cross references: For the legislative declaration in SB 18-164, see section 1 of chapter 37, Session Laws of Colorado 2018. 26-2-721.5. Strategic allocation committee - created - duties - repeal. (Repealed) Source: L. 2008: Entire section added, p. 1974, § 24, effective June 2. L. 2012: (5)(a) amended and (5)(b) repealed, (HB 12-1341), ch. 155, p. 554, § 2, effective May 3. Editor's note: Subsection (5)(a) provided for the repeal of this section, effective April 1, 2013. (See L. 2012, p. 554.) 26-2-721.7. Colorado works statewide strategic use fund - created - allocations rules - evaluation - report - repeal. (Repealed) Source: L. 2008: Entire section added, p. 1974, § 24, effective June 2. L. 2009: (1)(a) amended, (HB 09-1222), ch. 231, p. 1064, § 9, effective May 4. L. 2010: (1)(c) and (6.5) added and (7) amended, (SB 10-010), ch. 58, p. 210, §§ 1, 2, effective March 31. L. 2012: (1)(a.5) and (8) added, (HB 12-1341), ch. 155, p. 554, § 1, effective May 3. Editor's note: Subsection (8) provided for the repeal of this section, effective April 1, 2013. (See L. 2012, p. 554.) 26-2-722. Legislative oversight committee - created - repeal. (Repealed) Source: L. 97: Entire part added, p. 1216, § 1, effective June 3. L. 2001: (4) amended, p. 654, § 2, effective August 8. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2004. (See L. 2001, p. 654.) 26-2-723. Evaluation - state department - repeal. (Repealed) Source: L. 98: Entire section added, p. 1196, § 3, effective June 1. L. 2001: (2) and (3) amended, p. 1174, § 14, effective August 8. L. 2002: (4)(a) amended, p. 503, § 2, effective May 24. L. 2004: Entire section R&RE, p. 802, § 1, effective July 1. L. 2007: (1) and (4)(c) amended, p. 2044, § 77, effective June 1. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2009. (See L. 2004, p. 802.) 26-2-724. Colorado works - screening for substance abuse and mental health problems - repeal. (Repealed) Colorado Revised Statutes 2019 Page 163 of 490 Uncertified Printout Source: L. 2002: Entire section added, p. 502, § 1, effective May 24. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2005. (See L. 2002, p. 502.) PART 8 COLORADO CHILD CARE ASSISTANCE PROGRAM 26-2-801. Short title. This part 8 shall be known and may be cited as the "Colorado Child Care Assistance Program Act". Source: L. 97: Entire part added, p. 1217, § 1, effective June 3. 26-2-802. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The state's policies in connection with the provision of child care assistance and the effective delivery of such assistance are critical to the ultimate success of any welfare reform program; (b) Children in low-income families who receive services through a child care assistance program need and deserve the same access to a broad range of child care providers as do children in families who do not need assistance; (c) It is critical to provide low- to moderate-income families with access to high-quality, affordable child care that fosters healthy child development and school readiness, while at the same time promotes family self-sufficiency and attachment to the workforce; and (d) Individual counties play a vital role in administering the child care assistance program and have local knowledge of their individual community needs. (2) Therefore, the general assembly hereby finds and declares that it is in the best interests of the state to: (a) Adopt the Colorado child care assistance program set forth in this part 8; (b) Adopt a consistent, statewide plan for child care provider reimbursement rates with a goal of a floor of the seventy-fifth percentile of each county's market rate to facilitate and increase access to high-quality child care for low-income families; (c) Achieve parity across counties in the state with regard to the CCCAP program and funding allocation. Source: L. 97: Entire part added, p. 1217, § 1, effective June 3. L. 2008: Entire section amended, p. 2176, § 1, effective June 4. L. 2014: Entire section amended, (HB 14-1317), ch. 259, p. 1030, § 1, effective May 22. L. 2018: (1)(b), (1)(c), (1)(d), and (2)(b) amended and (2)(c) added, (HB 18-1335), ch. 386, p. 2313, § 2, effective July 1. 26-2-802.5. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Child care assistance program" or "CCCAP" means the Colorado child care assistance program established in this part 8. Colorado Revised Statutes 2019 Page 164 of 490 Uncertified Printout (2) "Early care and education provider" means a school district or provider that is licensed pursuant to part 1 of article 6 of this title or that participates in the Colorado preschool program pursuant to article 28 of title 22, C.R.S. (3) "Early childhood council" means an early childhood council established pursuant to part 1 of article 6.5 of this title. (4) "Head start program" means a program operated by a local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program under the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended. (5) "High-quality early childhood program" means a program that is operated by a provider with a fiscal agreement through CCCAP and that is in the top three levels of the state's quality rating and improvement system, is accredited by a state department-approved accrediting body, or is an early head start or head start program that meets federal standards. (6) "Participant" means a participant, as defined in section 26-2-703 (15), in the Colorado works program. (7) "Provider" means a child care provider licensed pursuant to part 1 of article 6 of this title that has a fiscal agreement with the county to participate in the child care assistance program. (8) "Regular daily provider reimbursement rate" means the base daily rate paid for child care and excludes any additional payment for absences, holidays, and other additional fees that are included in the reimbursement paid to providers. (9) "Tiered reimbursement" means a pay structure that reflects an increased rate of reimbursement for high-quality early childhood programs that receive CCCAP moneys. (10) "Works program" means the Colorado works program established pursuant to part 7 of this article. Source: L. 2014: Entire section added, (HB 14-1317), ch. 259, p. 1031, § 2, effective May 22. 26-2-803. Provider rates - rules. (1) The state department, in consultation with the counties, shall contract annually for a market rate study of provider rates that account for quality of care, age group, and type of care for each county as recommended by the early childhood leadership commission created in section 26-6.2-103. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), copies of the study must be provided to the joint budget committee on or before January 2, 2019, and on or before each January 2 thereafter. (2) On or before July 1, 2016, the state-established provider reimbursement rates for each county must include a system of tiered reimbursement for providers that enroll children participating in CCCAP. (3) On or before July 1, 2016, the state board shall promulgate rules related to the structure of tiered reimbursement. Source: L. 97: Entire part added, p. 1217, § 1, effective June 3. L. 2008: (1) repealed, p. 1910, § 114, effective August 5. L. 2014: Entire section R&RE, (HB 14-1317), ch. 259, p. 1032, § 3, effective May 22. L. 2018: Entire section R&RE, (HB 18-1335), ch. 386, p. 2311, sect; 1, effective July 1. Colorado Revised Statutes 2019 Page 165 of 490 Uncertified Printout Editor's note: The provisions of this section as amended by House Bill 14-1317 were renumbered on revision to conform to statutory format. 26-2-804. Funding - allocation - maintenance of effort - rules. (1) Starting with the 2018-19 state fiscal year, or when the rules required by subsection (2)(a) of this section are established, whichever is later, and subject to available appropriations, annually the state department shall establish the amount of each county's block grant for CCCAP. The block grant shall be based upon each county's percentage of the estimated total number of children eligible to participate in CCCAP times the appropriate reimbursement rate for each county as determined by the state required by section 26-2-803. Counties are only required to spend the state CCCAP allocation and the maintenance of effort for that allocation. (2) (a) The amount of each county's block grant determined by subsection (1) of this section may be adjusted by the state department. The state department shall, in consultation with the counties, adopt rules regarding adjustments to the amount of a block grant, and the rules must address the following factors: (I) The cost of living; (II) The cost of high-quality early childhood programs; (III) The cost of programs; (IV) The regional market rates for CCCAP; (V) Drastic economic changes; and (VI) Geographic differences within a county. (b) The state department may make an adjustment to the amount of a block grant authorized by rules promulgated pursuant to subsection (2)(a) of this section. (3) The money in a county block grant allocated to a county pursuant to this section must only be used for the provision of child care services under rules promulgated by the state board pursuant to this part 8. (4) Money transferred from the county block grant temporary assistance for needy families program pursuant to section 26-2-714 (7) to the child care development fund may be used for child care quality improvement activities as identified in the federal "Child Care and Development Block Grant Act of 2014", 42 U.S.C. sec. 9858 (e), as amended. (5) For state fiscal year 2005-06 and for each state fiscal year thereafter, each county is required to meet a level of county spending for CCCAP that is equal to the county's proportionate share of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year. The level of county spending is known as the county's maintenance of effort for CCCAP for that state fiscal year. For any state fiscal year, the state department is authorized to adjust a county's maintenance of effort, reflected as a percentage of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year, so that the percentage equals the county's proportionate share of the total state and federal funds appropriated for CCCAP for that state fiscal year. For any state fiscal year, the sum of all counties' maintenance of effort must be equal to or greater than the total county funds set forth in the general appropriation act for the state fiscal year 1996-97 for employment-related child care. Source: L. 97: Entire part added, p. 1218, § 1, effective June 3. L. 2000: (2)(d) added, p. 283, § 6, effective March 31. L. 2003: (4) amended and (5) and (6) added, p. 2600, § 1, effective Colorado Revised Statutes 2019 Page 166 of 490 Uncertified Printout June 5. L. 2008: (2)(d) amended, p. 1978, § 26, effective January 1, 2009. L. 2014: IP(1), (1)(a), (3), and (6) amended, (HB 14-1317), ch. 259, p. 1033, § 4, effective May 22. L. 2017: (3.5) added, (HB 17-1355), ch. 359, p. 1886, § 1, effective August 9. L. 2018: Entire section R&RE, (HB 18-1335), ch. 386, p. 2311, § 1, effective July 1. Editor's note: Subsections (4)(b) and (5)(b) provided for the repeal of subsections (4) and (5), respectively, effective July 1, 2005. (See L. 2003, p. 2600.) 26-2-805. Services - eligibility - assistance provided - waiting lists - rules exceptions from cooperating with child support establishment. (1) Subject to available appropriations and pursuant to rules promulgated by the state board for the implementation of this part 8, a county shall provide child care assistance to a participant or any person or family whose income is not more than one hundred eighty-five percent of the federal poverty level. Subject to available appropriations and only as necessary to comply with federal law, the state board may adjust the percentage of the federal poverty level used to determine child care assistance eligibility by promulgating a rule. (2) (a) Beginning July 1, 2018, or when the rules required by section 26-2-804 (2)(a) are established, whichever is later, a county may provide child care assistance for any family whose income at initial determination exceeds the requirements of subsection (1) of this section but does not exceed the maximum federal level for eligibility for services of eighty-five percent of the state median income for a family of the same size if it: (I) Is serving all eligible families who have applied for CCCAP and whose income level is below that requirement; and (II) Uses only local money to serve such families. (b) If, during a participant's, person's, or family's twelve-month eligibility period, the participant's, person's, or family's income rises to or above the level set by the state board rule at which the county may deny such participant, person, or family child care assistance, the county shall continue providing the current CCCAP subsidy until that participant's, person's, or family's next twelve-month redetermination. (c) If, at the time of a participant's, person's, or family's twelve-month eligibility redetermination, the participant's, person's, or family's income rises to or above the level set by the state board at which the county may deny child care assistance, or if that income level rises above the maximum federal eligibility level of eighty-five percent of the state median income for a family of the same size, the county shall immediately notify the participant, person, or family that it is no longer eligible for CCCAP. (d) and (e) Repealed. (3) (a) Subject to available appropriations, pursuant to rules promulgated by the state board for implementation of this part 8, and except as provided for in paragraph (b) of this subsection (3), a county shall provide child care assistance for a family transitioning off the works program due to employment or job training without requiring the family to apply for lowincome child care but shall redetermine the family's eligibility within six months after the transition. (b) A family that transitions off the works program must not be automatically transitioned to CCCAP pursuant to paragraph (a) of this subsection (3) if either of the following conditions apply: Colorado Revised Statutes 2019 Page 167 of 490 Uncertified Printout (I) The family is leaving the works program due to a violation of program requirements as defined in part 7 of this article, by rule of the state board, or by policy of a county department; or (II) The family is leaving the works program due to employment and will be at an income level that exceeds the county-adopted income eligibility limit for the county's CCCAP. (c) At the county's discretion, a family that transitions off the works program, is eligible for CCCAP, and resides in a county that has families on its waiting list may be added to the waiting list or be provided child care assistance without first being added to the waiting list. (4) (a) (I) A recipient of child care assistance through CCCAP shall be responsible for paying a portion of his or her child care costs based upon the recipient's income and the formula developed by rule of the state board. (II) After promulgation of rules by the state board, subject to available appropriations, and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subparagraph (II), on or before July 1, 2016, the formula must include a tiered reduced copayment structure for children attending high-quality care. (III) Notwithstanding the provisions of subparagraph (II) of this paragraph (a), upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subparagraph (III), for a family living at or below one hundred percent of the federal poverty level, the family copayment responsibility must be restricted to no more than one percent of the family's gross monthly income as determined based on one month of income. (IV) Pursuant to rules promulgated by the state board and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subparagraph (IV), income received during the past thirty days must be used in determining the copayment, unless on a case-by-case basis the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects an ability to afford the required family copayment. (b) The state board shall establish, and periodically revise, by rule a copayment schedule so that the copayment gradually increases as the family income approaches self-sufficiency income levels. This revised copayment schedule should allow families to retain a portion of its increases in income. (c) A participant who is employed shall pay a portion of his or her income for child care assistance under CCCAP. The participant's required copayment under the provisions of this paragraph (c) must be determined by a formula established by rule of the state board that takes into consideration the factors set forth in paragraphs (a) and (b) of this subsection (4). (5) (a) On and after July 1, 2014, and except as otherwise provided in paragraph (a.5) or (a.7) of this subsection (5), a county may require a person who receives child care assistance pursuant to this section and who is not otherwise a participant to apply, pursuant to section 2613-106 (2), for child support establishment, modification, and enforcement services related to any support owed by obligors to their children and to cooperate with the delegate child support enforcement unit to receive these services; except that a person is not required to submit a Colorado Revised Statutes 2019 Page 168 of 490 Uncertified Printout written application for child support establishment, modification, and enforcement services if the person shows good cause to the county implementing the Colorado child care assistance program for not receiving these services. (a.5) A county shall not require an applicant who is a teen parent, as defined by rule of the state board, and who is not otherwise a participant to submit a written application for child support establishment, modification, and enforcement services as a condition of receiving child care assistance under this section until the teen parent has graduated from high school or successfully completed a high school equivalency examination. After the teen parent has been determined eligible for child care assistance and his or her chosen child care provider is receiving subsidy payments, a county may require the teen parent to regularly attend, at no cost and at a location and time most convenient to the teen parent, information sessions with the county child support staff focused on understanding the benefits of child support to the child, the family as a whole, and the benefits of two-parent engagement in a child's life. Once a person who receives child care assistance pursuant to this section no longer meets the definition of a teen parent or has either graduated from high school or successfully completed a high school equivalency examination, the county may require that person to cooperate with child support establishment and enforcement as a condition of continued receipt of child care assistance. Nothing in this section prevents a teen parent from establishing child support. (a.7) (I) A county shall not require an applicant to submit a written application for child support establishment, modification, and enforcement services as a condition of receiving child care assistance or to establish good cause for not cooperating with child support establishment as a condition of receiving child care assistance if the applicant: (A) Submits a statement that he or she is a victim of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., and in part 8 of article 6 of title 18, C.R.S.; or a victim of a sexual offense, as described in part 4 of article 3 of title 18, C.R.S., section 18-6-301, C.R.S., or section 18-6-302, C.R.S.; or a victim of harassment, as described in section 18-9-111, C.R.S.; or a victim of stalking, as described in section 18-3-602, C.R.S.; (B) Indicates in that statement that he or she fears for his or her safety or the safety of his or her children if the applicant were to pursue child support enforcement pursuant to section 2613-106 (2); and (C) Submits evidence that he or she is a victim of domestic violence, a sexual offense, harassment, or stalking as described in sub-subparagraph (A) of this subparagraph (I). (II) For purposes of sub-subparagraph (C) of subparagraph (I) of this paragraph (a.7), sufficient evidence includes, but is not limited to, evidence identified for participation in the address confidentiality program included in section 24-30-2105 (3)(c)(I) to (3)(c)(IV), C.R.S., or from a "victim's advocate", as defined in section 13-90-107 (1)(k)(II), C.R.S, from whom the applicant has sought assistance. (III) A county may provide information about the importance of establishing child support to a victim of domestic violence, a sexual offense, harassment, or stalking who chooses not to engage in child support establishment or to pursue a good cause waiver from cooperation. (b) The state board shall promulgate rules for the implementation of this subsection (5), including but not limited to rules establishing good cause for not receiving these services, and rules for the imposition of sanctions upon a person who fails, without good cause as determined by the county implementing the Colorado child care assistance program, to apply for child support enforcement services or to cooperate with the delegate child support enforcement unit as Colorado Revised Statutes 2019 Page 169 of 490 Uncertified Printout required by this subsection (5). The state board shall revise its rules regarding the option of counties to make cooperation with child support establishment and enforcement a condition of receiving child care assistance for teen parents and for victims of domestic violence, sexual offense, harassment, or stalking. (c) (I) On July 1, 2017, and every July 1 thereafter through July 1, 2025, each county department shall report to the state department information related to teen parents in the Colorado child care assistance program. The state board shall establish, by rule, criteria to be reported annually by each county, including but not limited to: (A) The total number of cases in each county that are receiving services from a county child support services office that involve custodial parties who are nineteen years of age or younger and the number of children being served; (B) The total number of teen parents in each county that are receiving Colorado child care assistance; (C) For each teen parent receiving child care assistance in the county, longitudinal data indicating whether paternity has been established and whether child support has been established for the child and reported for the child from birth to age four; (D) For each teen parent receiving child care assistance in the county, longitudinal data indicating whether the teen parent achieved economic self-sufficiency and avoided becoming a Colorado works participant while in school and reported for the child from the child's birth to age four; (E) For each teen parent receiving child care assistance in the county, longitudinal data indicating the total amount and the percentage of child support collected for the benefit of the child and reported for the child from birth to age four. (II) The reports filed with the state department as a result of this paragraph (c) are public records available for public inspection. (d) Upon notification that the relevant human services case management systems are capable of accommodating the provisions in paragraphs (a.5) and (a.7) of this subsection (5), the state department is required to start tracking counties' compliance with paragraphs (a.5) and (a.7) of this subsection (5). The state department shall notify counties when the human services case management systems are functional and when the tracking of compliance will begin. (6) Repealed. (7) (a) For a family with a child who is enrolled in both CCCAP and a head start program, the family's CCCAP eligibility redetermination must occur no sooner than the end of the last month of the child's first full twelve-month program year of enrollment in the head start program. Child care assistance program eligibility redetermination for a child enrolled in both programs must occur once every twelve months thereafter. (b) to (d) Repealed. (e) Notwithstanding the provisions of section 26-1-127 (2)(a), a family that receives child care assistance pursuant to this part 8 is not required to report income or activity changes during the twelve-month eligibility period; except that, within the twelve-month eligibility period, a family is required to report a change in income if the family's income exceeds eightyfive percent of the state median income. If a family no longer participates in the activity under which it was made eligible in the child care case, the family shall report that change within four weeks from the time it ceased participating in the eligible activity. Colorado Revised Statutes 2019 Page 170 of 490 Uncertified Printout (f) A parent must not be determined ineligible to receive child care assistance pursuant to this part 8 as a result of: (I) Taking maternity leave; (II) Being a separated spouse or parent under a validly issued temporary order for parental responsibilities or child custody where the other spouse or parent has disqualifying financial resources; (III) Each instance of nontemporary job loss for less than ninety days; or (IV) A temporary break in eligible activity, as defined by rule of the state board. (g) and (h) Repealed. (i) Subject to available appropriations and pursuant to rules promulgated by the state board for the implementation of this part 8, a parent who is enrolled in a postsecondary education program or a workforce training program is eligible for CCCAP for at least any two years of the postsecondary education or workforce training program, provided all other CCCAP eligibility requirements are met during those two years. A county may give priority for services to a working family over a family enrolled in postsecondary education or workforce training. (j) To provide continuous child care with the least disruption to the child, the hours authorized for the provision of child care through CCCAP must include authorized hours for the child that promote continuous, consistent, and regular care and must not be linked directly to a parent's employment, education, or workforce training schedule. Pursuant to rules promulgated by the state board, the number of hours authorized for child care should be based on the number of hours the parent is participating in an eligible activity and the child's needs for care. (8) Pursuant to rules promulgated by the state board and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (8), income received during the past thirty days must be used in determining eligibility unless, on a case-by-case basis, the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects a family's current income level. (9) A county has the authority to develop a voucher system for families enrolled in CCCAP through which they can secure relative or unlicensed child care. (10) An early care and education provider or county may conduct a pre-eligibility determination for child care assistance for a family to facilitate the determination process. The early care and education provider shall submit its pre-eligibility documentation to the county for final determination of eligibility for child care assistance. The early care and education provider or county may provide services to the family prior to final determination of eligibility, and the county shall reimburse a provider for such services only if the county determines the family is eligible for services and there is no need to place the family on a waiting list. If the family is found ineligible for services, the county shall not reimburse the early care and education provider for any services provided during the period between its pre-eligibility determination and the county's final determination of eligibility. (11) A provider may accept a family's CCCAP application and submit it to the county on behalf of a family seeking child care assistance. (12) Each county: Colorado Revised Statutes 2019 Page 171 of 490 Uncertified Printout (a) Upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this paragraph (a), and pursuant to rules promulgated by the state board, in addition to regular daily provider reimbursement rates, shall reimburse providers according to the following schedule: (I) For providers in the first level of the state department's quality rating and improvement system, for no fewer than six absences or holidays per year; (II) For providers in the second level of the state department's quality rating and improvement system, for no fewer than ten absences or holidays per year; and (III) For providers in the top three levels of the state department's quality rating and improvement system, for no fewer than fifteen absences or holidays per year. (b) Shall maintain a current and accurate waiting list of parents who have inquired about securing a CCCAP subsidy and are likely to be eligible for CCCAP based on self-reported income and job, education, or workforce training activity if families are not able to be served at the time of application due to funding concerns. Counties may enroll families off waiting lists according to local priorities and may require an applicant to restate his or her intention to be kept on the waiting list every six months in order to maintain his or her place on the waiting list. (c) Shall post eligibility, authorization, and administration policies and procedures so they are easily accessible and readable to a layperson. The policies must be sent to the state department for compilation. (d) May use its CCCAP allocation to provide direct contracts or grants to early care and education providers for a county-determined number of CCCAP slots for a twelve-month period to increase the supply and improve the quality of child care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods; (e) Subject to available appropriations and pursuant to rules promulgated by the state board for the implementation of this part 8, and upon notification to counties by the state department that the relevant human services case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(e), must determine that a recipient of benefits from the food assistance program established in part 3 of this article 2 is eligible for CCCAP if he or she meets all other CCCAP eligibility criteria and may use eligibility determination information from other public assistance programs and systems to determine CCCAP eligibility; and (f) Subject to available capacity to raise federal or state funding, shall prioritize child care assistance for certified foster parents, certified kinship foster parents, noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department, and noncertified kinship care providers that provide care for children with an open child welfare case who are not in the legal custody of a county department. (13) The state board shall promulgate rules for the implementation of this part 8. Source: L. 97: Entire part added, p. 1218, § 1, effective June 3. L. 2000: (1)(b) amended, p. 393, § 2, effective September 1. L. 2004: (1)(d) added, p. 117, § 1, effective March 17; (1)(b) amended, p. 257, § 1, effective August 4. L. 2007: (1)(d) amended, p. 1653, § 10, effective May 31. L. 2008: (1)(b)(I) amended and (1.5) added, pp. 455, 456, §§ 1, 2, effective August 5. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2116, § 155, effective August 11; (1)(e) and (2.5) added and (1.5) and (3) amended, (HB 10-1035), ch. 337, pp. 1549, 1550, §§ 2, 4, 3, Colorado Revised Statutes 2019 Page 172 of 490 Uncertified Printout effective June 1, 2011. L. 2014: (1)(e)(I.5) added, (HB 14-1022), ch. 34, p. 188, § 1, effective March 14; (1)(e)(I.5) repealed and entire section R&RE, (HB 14-1317), ch. 259, p. 1034, §§ 5, 6, effective May 22. L. 2016: (5) amended, (HB 16-1227), ch. 182, p. 622, § 1, effective May 19; (2) and (7)(b) amended, (SB 16-212), ch. 200, p. 707, § 1, effective June 1. L. 2018: (12)(d) and (12)(e) amended and (12)(f) added, (HB 18-1348), ch. 325, p. 1961, § 3, effective May 30; (1), (2)(a), (2)(b), (2)(c), (7)(f), (7)(i), and (7)(j) amended and (2)(d), (2)(e), (6), (7)(b), (7)(c), (7)(d), (7)(g), and (7)(h) repealed, (HB 18-1335), ch. 386, p. 2313, § 3, effective July 1. Editor's note: Subsection (7)(c) is similar to subsection (1)(e)(I.5) as added by House Bill 14-1022. Cross references: (1) For the legislative declaration contained in the 2000 act amending subsection (1)(b), see section 1 of chapter 109, Session Laws of Colorado 2000. For the legislative declaration in the 2010 act adding subsections (1)(e) and (2.5) and amending subsections (1.5) and (3), see section 1 of chapter 337, Session Laws of Colorado 2010. (2) For the federal head start program in general, see 42 U.S.C. sec. 9801 et seq. For federal designation of head start agencies, see 42 U.S.C. sec. 9836. 26-2-805.5. Exemptions - requirements. (1) Notwithstanding any provision of section 26-2-805 to the contrary, an exempt family child care home provider, as defined in section 26-6102 (12), is not eligible to receive child care assistance moneys through CCCAP if he or she fails to meet the criteria established in section 26-6-120. (2) As a prerequisite to entering into a valid CCCAP contract with a county office or to being a party to any other payment agreement for the provision of care for a child whose care is funded in whole or in part with moneys received on the child's behalf from publicly funded state child care assistance programs, an exempt family child care home provider shall sign an attestation that affirms he or she, and any qualified adult residing in the exempt family child care home, has not been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has not entered, pursuant to part 3 or 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the provider cannot safely operate an exempt family child care home. Source: L. 2006: Entire section added, p. 1083, § 4, effective May 25. L. 2007: (2) amended, p. 318, § 2, effective April 2. L. 2010: (2) amended, (SB 10-175), ch. 188, p. 803, § 74, effective April 29. L. 2014: Entire section amended, (HB 14-1317), ch. 259, p. 1040, § 7, effective May 22. L. 2016: (1) amended, (SB 16-189), ch. 210, p. 775, § 73, effective June 6. 26-2-806. No individual entitlement. (1) Nothing in this part 8 or any rules promulgated pursuant to this part 8 shall be interpreted to create a legal entitlement in any person to child care assistance. (2) No county may create or shall be deemed to create a legal entitlement in any person to assistance under this part 8. Source: L. 97: Entire part added, p. 1219, § 1, effective June 3. Colorado Revised Statutes 2019 Page 173 of 490 Uncertified Printout 26-2-807. Child care provider reimbursement rate task force - creation - duties repeal. (Repealed) Source: L. 2008: Entire section added, p. 2176, § 2, effective June 4. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2009. (See L. 2008, p. 2176.) 26-2-808. Pilot program to mitigate cliff effect for low-income families who are working and receiving child care assistance - legislative declaration - county participation fund - grant program - report - repeal. (Repealed) Source: L. 2012: Entire section added, (SB 12-022), ch. 106, p. 359, § 1, effective April 13. L. 2014: (2), (3), (6), (7), and (8) amended and (2.3), (2.5), and (2.7) added, (SB 14-003), ch. 257, p. 1022, § 1, effective May 22. L. 2016: (2) and (6) amended, (SB 16-022), ch. 20, p. 46, § 1, effective March 18. L. 2018: Entire section repealed, (HB 18-1335), ch. 386, p. 2316, § 4, effective July 1; (2) amended, (SB 18-092), ch. 38, p. 448, § 121, effective August 8. Editor's note: Subsection (2) was amended in SB 18-092, effective August 8, 2018. However, those amendments were superseded by the repeal of this section by HB 18-1335, effective July 1, 2018. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-2-809. Colorado child care assistance program - reporting requirements. (1) On or before December 1, 2016, and on or before December 1 each year thereafter, the state department shall prepare a report on CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the state department shall provide the report to the public health care and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees. The report must include, at a minimum, the following information related to benchmarks of success for CCCAP: (a) The number of children and families served through CCCAP statewide and by county; (b) The average length of time that parents remain in the workforce while receiving CCCAP subsidies, even when their income increases; (c) The average number of months of uninterrupted, continuous care for children enrolled in CCCAP; (d) The number and percent of all children enrolled in CCCAP who receive care at each level of the state's quality and improvement rating system; (e) The average length of time a family is authorized for a CCCAP subsidy, disaggregated by recipients' eligible activities, such as job search, employment, workforce training, and postsecondary education; (f) The number of families on each county's wait list as of November 1 of each year, as well as the average length of time each family remains on the wait list in each county; Colorado Revised Statutes 2019 Page 174 of 490 Uncertified Printout (g) The number of families and children statewide and by county that exit CCCAP due to their family incomes exceeding the eligibility limits; (h) The number of families and children statewide and by county that reenter CCCAP within two years of exiting due to their family incomes exceeding the eligibility limits; and (i) An estimate of unmet need for CCCAP in each county and throughout the state based on estimates of the number of children and families who are likely to be eligible for CCCAP in each county but who are not enrolled in CCCAP. Source: L. 2014: Entire section added, (HB 14-1317), ch. 259, p. 1040, § 8, effective May 22. L. 2017: IP(1) amended, (SB 17-234), ch. 154, p. 522, § 10, effective August 9. PART 9 COLORADO SELF-SUFFICIENCY AND EMPLOYMENT ACT 26-2-901 to 26-2-905. (Repealed) Editor's note: (1) Section 26-2-905 provided for the repeal of this part 9, effective July 1, 2003. (See L. 1998, p. 1013.) (2) This part 9 was added in 1998 and was not amended prior to its repeal in 2003. For the text of this part 9 prior to 2003, consult the 2002 Colorado Revised Statutes. PART 10 INCENTIVES FOR SELF-SUFFICIENCY 26-2-1001. Short title. This part 10 shall be known and may be cited as the "Individual Development Account Act". Source: L. 2000: Entire part added, p. 1469, § 1, effective May 31. 26-2-1002. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) The unrealized and lost human resource potential of low-income and working-poor individuals of this state results in an overall loss to the potential of the entire state; (b) It is in the best interests of all Coloradans to structure incentives in a way that will result in a greater likelihood that low-income and working-poor individuals will attain selfsufficiency; (c) It is in the best interests of all Coloradans to concentrate appropriate assets and investments on low-income and working-poor individuals and in low-income and working-poor neighborhoods and communities in order to allow low-income individuals, neighborhoods, and communities to benefit from the developments achieved through the growth in assets and investments; Colorado Revised Statutes 2019 Page 175 of 490 Uncertified Printout (d) Achieving self-sufficiency and assessing economic opportunity for low-income and working-poor individuals can be addressed through public policy that invests in asset accumulation and is supported by private sector philanthropy; (e) Providing a structured savings situation for low-income and working-poor individuals enhances such individuals' chances of fulfilling major life goals and opportunities and incorporates such individuals into the economic mainstream; and (f) Such self-sufficiency may, in turn, result in fewer people needing to seek public assistance. (2) Therefore, the general assembly hereby authorizes the implementation of an individual development account program to provide incentives and motivation for low-income and working-poor individuals and families to develop and concentrate assets and investments for use by such individuals who are striving for self-sufficiency and need a jump-start for economic opportunity. Source: L. 2000: Entire part added, p. 1469, § 1, effective May 31. 26-2-1003. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Charitable donor" means a person who contributes to a sponsoring organization for the purposes of the IDA program. (2) "Financial institution" means an organization that is federally insured and is authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union. (3) "Individual development account" means a contract of deposit between a depositor and a financial institution selected by a sponsoring organization. (4) "Program" or "IDA program" means the individual development account program established pursuant to this part 10. (5) "Service provider" means an institution of higher education; a provider of occupational or career and technical education; a trade school; a bank, savings and loan, or other mortgage lender; a title company; or the lessor or vendor of any office supplies, office equipment, retail space or office space or other business space, or such other provider of goods or services to be used for the commencement of a business. (6) "Sponsoring organization" means a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, that participates in IDA programs, and that verifies authorized use of individual development accounts. Source: L. 2000: Entire part added, p. 1470, § 1, effective May 31. L. 2017: (5) amended, (SB 17-294), ch. 264, p. 1410, § 97, effective May 25. 26-2-1004. Individual development account program - rules. (1) The IDA program shall provide that eligible individuals who establish individual development accounts, as set forth in section 26-2-1005, shall receive the benefit of matching moneys payable directly to the service provider at the time of the eligible individual's expenditure of the moneys in his or her individual development account for any of the following purposes: Colorado Revised Statutes 2019 Page 176 of 490 Uncertified Printout (a) Securing postsecondary education, including but not limited to community college courses, courses at a four-year college or university, or post-college, graduate courses for either the individual or the individual's dependent; (b) Securing postsecondary occupational training, including but not limited to vocational or trade school training for either the individual or the individual's dependent; (c) Purchasing a home for the first time, either individually or with another family member; or (d) Business capitalization. (2) In addition to the purposes set forth in subsection (1) of this section, an eligible individual may expend up to ten percent of the total moneys from his or her individual development account for supportive counseling, mentoring, tutoring, or other related services as provided by sponsoring organizations and as approved by such individual development account holders. Source: L. 2000: Entire part added, p. 1471, § 1, effective May 31. 26-2-1005. Eligibility for participation in the individual development account program. (1) Sponsoring organizations that elect to participate in the program shall recruit individuals or households to participate in the IDA program and shall determine the eligibility of prospective participants based upon the criteria set forth in this subsection (1). All individuals within one family or a single individual shall be eligible to be selected for participation in the IDA program if the individual or household meets the following requirements: (a) The individual's or household's income may not exceed two hundred percent of the federal poverty line when applied to the savings goals of postsecondary education or business capitalization. The individual's or household's income may not exceed eighty percent of the area median income when applied to the savings goal of home ownership. (b) An individual within a household has entered into an individual development account agreement with a sponsoring organization. (c) An individual within a household has established an individual development account with a financial institution selected by the sponsoring organization and has made a commitment, as set forth in this section, to save and match philanthropic sources of moneys that are available to match the individual or household contributions to the individual development account. The individual development account shall accrue interest. (d) The individual or the household may only open one individual development account. (e) The individual submitting the application is a citizen of the United States and is a legal resident of the state. (2) All of the following duties shall be undertaken by one or more sponsoring organizations: (a) To determine the eligibility of individuals or households to participate in the IDA program; (b) To counsel such individuals and households about the IDA program; (c) To conduct orientations with individuals or households on the philosophy underlying the IDA program and the general requirements of the program; (d) To facilitate the opening of individual development accounts with participating financial institutions; Colorado Revised Statutes 2019 Page 177 of 490 Uncertified Printout (e) To provide credit counseling, budgeting, and financial management training to the program participants; (f) To jointly develop specific goals and performance criteria with each program participant; (g) To set appropriate matching ratios of philanthropic moneys to contributions made by program participants; (h) Repealed. (i) To raise contributions for the IDA program. (3) The program participant may withdraw contributions made by the participant for uses other than those uses authorized under this program one time but, upon the second such action, shall be terminated from the IDA program. A participant who has been terminated from the IDA program may withdraw all moneys that the participant contributed to the account along with any interest accrued on the participant's contribution. (4) The maximum amount of moneys in an individual development account that may be matched by a charitable donor is ten thousand dollars. The individual may deposit an amount greater than ten thousand dollars, but funds in excess of ten thousand dollars are subject to any applicable state and federal income taxes, and shall not be matched by a charitable donor. Only one account per family may be established in the IDA program; except that every member of the family may utilize the account. (5) Nothing in this part 10 shall be construed to create an entitlement to matching moneys. The number of individuals who may receive disbursement of matching philanthropic moneys by sponsoring organizations pursuant to the IDA program shall necessarily be limited by the amount of philanthropic moneys available in any given year for such purpose. (6) and (7) Repealed. Source: L. 2000: Entire part added, p. 1471, § 1, effective May 31. L. 2001: (1)(e) added and (4) and (6) amended, p. 412, §§ 1, 2, effective April 19. L. 2010: (2)(h), (6), and (7) repealed, (SB 10-212), ch. 412, p. 2032, § 1, effective July 1; (1)(a) amended, (HB 10-1422), ch. 419, p. 2116, § 156, effective August 11. PART 11 TRANSITIONAL JOBS PROGRAM 26-2-1101. Legislative declaration. (1) The general assembly hereby finds and declares: (a) Transitional jobs have proven to be an effective policy response to stubbornly high unemployment rates and the difficulties that many smaller employers face in filling job vacancies and expanding job opportunities. Transitional jobs have helped to: (I) Stabilize individuals and families with earned income; (II) Stimulate local economies through wages paid; (III) Contribute to the economic health of employers; (IV) Provide unemployed and underemployed adults an opportunity to experientially learn, model, and practice successful workplace behaviors that will help them to get and keep unsubsidized employment; Colorado Revised Statutes 2019 Page 178 of 490 Uncertified Printout (V) Build work histories and references for participants to more easily move into unsubsidized and stable employment; (VI) Address barriers to work that have kept the unemployed and underemployed out of the regular labor market; and (VII) Reduce recidivism and public costs. (b) Colorado has already demonstrated the value of transitional jobs through its successful HIRE Colorado initiative. Operated with federal funds from October 2009 through September 2010, HIRE Colorado provided transitional jobs to over one thousand seven hundred unemployed Coloradans, enabling them to do productive, wage-paying work for local governments, nonprofit agencies, and for-profit employers. According to data from the Colorado department of human services, HIRE Colorado helped nearly seventy-five percent of its participants to move into unsubsidized employment. In states whose transitional jobs programs focused on those with the most acute job search challenges, nearly fifty percent, an unusually high success rate for such a population, moved into unsubsidized work. (c) While nationally unemployment is falling slowly and although Colorado's unemployment rate is better than the national average, Coloradans still face difficulty in finding full-time jobs. According to a recent analysis, nearly two hundred thousand Coloradans are "officially" unemployed, but there are fewer than seventy-five thousand job openings. At the same time that unemployed and underemployed Coloradans struggle to find employment in the face of this job shortage, many employers have found it difficult to fill the job vacancies they do have. Transitional jobs are part of the solution to both unemployment and unfilled job vacancies. Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2097, § 1, effective July 1. 26-2-1102. Definitions. As used in this part 11, unless the context otherwise requires: (1) "Employer of record" means an organization that has been selected by the state department to be responsible for providing the following employer services, in an effective and efficient manner and at the lowest cost, with respect to transitional job workers who perform work for a host site employer: (a) Payment of wages to a transitional job worker, upon receipt from the host-site employer of certification, in the manner prescribed by the state department, that the transitional job worker has worked a specified number of hours; (b) Withholding and payment of payroll taxes, including FICA, medicare, and, if applicable, unemployment insurance taxes, to the appropriate federal and state agencies; (c) Provision, if applicable, of worker's compensation coverage; (d) Preparation and distribution of federal and state tax forms, including W-2 and I-9 forms; and (e) Provision of such other formal employer functions as the department of human services may prescribe. (2) "Host-site employer" means the employer that agrees with the local agency contractor to be responsible for: (a) Selecting, training, and supervising a transitional jobs worker; (b) Certifying to the employer of record, in the manner prescribed by the department of human services, the number of hours that the transitional jobs worker has worked for the employer; and Colorado Revised Statutes 2019 Page 179 of 490 Uncertified Printout (c) Cooperating with the local agency contractor in facilitating the movement of the transitional jobs worker into unsubsidized employment; except that the host site employer shall not be required to offer unsubsidized employment to the transitional jobs worker. (3) "Local agency contractor" means the governmental, nonprofit, or for-profit organizations that the state department has chosen, through a competitive request for proposals and contracting process, to be responsible for administering the transitional jobs program at the local level, including: (a) Outreach to prospective transitional jobs workers; (b) Recruitment of potential transitional jobs workers; (c) Orientation of transitional jobs workers; (d) Provision to transitional jobs workers of access to case management; (e) Provision of job coaching to transitional jobs workers, both prior to and following their selection by host-site employers; (f) Introduction of transitional jobs workers to host-site employers; (g) Ongoing communication with host site employers concerning workplace issues with the goal that early identification and prompt resolution will help transitional jobs workers to succeed on the job and move into unsubsidized employment; and (h) Collection of data required by the state department, including utilization of the common statewide data collection system identified by the state department for data reporting and documentation of transitional jobs program outcomes and performance. Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2098, § 1, effective July 1. 26-2-1103. Transitional jobs programs. (1) The state department shall administer a transitional jobs program. The transitional jobs program must: (a) Seek to offer the opportunity to work in transitional jobs to eligible individuals from July 1, 2013, through June 30, 2024; except that no new transitional jobs shall be offered after December 31, 2023; (b) To the greatest extent possible, provide priority transitional job offers to the following groups of eligible individuals, with the highest priority being given to individuals meeting one or more of the following categories: (I) Noncustodial parents; (II) Veterans; or (III) Displaced workers that are fifty years of age or older; (c) Pay eligible workers at least the applicable minimum wage; and (d) Place transitional job workers, to the greatest extent feasible, with host-site employers that are small and medium-sized firms that have no more than fifty full-timeequivalent employees. (2) To be eligible for a transitional job, an individual must: (a) Be a legal United States resident or otherwise lawfully present and eligible for work in the United States; (b) Be a resident of Colorado; (c) Be at least eighteen years of age; (d) Not be incarcerated and be able to work; Colorado Revised Statutes 2019 Page 180 of 490 Uncertified Printout (e) Have a family income of below one hundred fifty percent of the federal poverty level, as adjusted for family size; (f) Be unemployed or underemployed for no more than twenty hours per week, for at least four consecutive weeks; and (g) Demonstrate that he or she has actively sought employment utilizing the public workforce system. (3) An individual who is eligible for a transitional job under subsection (2) of this section may be offered a transitional job, subject to the availability of funds, on the following terms: (a) The transitional job may not displace any existing employee, or result in filling a job from which an employee was recently terminated, or involve the transitional job worker in a labor dispute; (b) The transitional job must pay at least the applicable minimum wage, and the wage may be increased with funds provided by the host site or a third party; (c) The transitional job must provide no fewer than eight hours of work per week of transitional job work and may provide up to forty hours of work per week of transitional job work; (d) Each transitional job may provide up to thirty total weeks of transitional job work, not to exceed three placements as a transitional job worker with up to three host sites; except that, subject to guidelines provided by the state department, a local agency contractor may offer and provide an individual who remains eligible for a transitional job additional weeks of transitional job work; and (e) The individual employed in a transitional job must demonstrate that he or she is actively seeking employment utilizing the public workforce system. (4) The transitional jobs program must operate throughout Colorado, but, based on the availability of funding, the state department may: (a) Phase in the transitional jobs program in 2013 and 2014 or over a longer time period as determined necessary by the state department; or (b) Limit the transitional jobs programs to urban and rural counties designated by the state department based on criteria relating to unemployment, poverty, and other factors that the state department identifies. (5) The state department shall: (a) Require data reporting and performance outcomes; (b) Evaluate the outcomes of the transitional jobs program and present the results of its evaluation in a timely and structured manner; and (c) Rigorously monitor all contracts and ensure full compliance by all contractors with their contractual obligations. (6) The state department shall use a competitive request for proposal process to select local agency contractors and shall negotiate contracts with the government or nonprofit or forprofit organizations that submit the strongest proposals. (7) The state department may offer incentives to local agency contractors for high performance. (8) The state department shall: (a) Determine the most effective and efficient process and mechanisms to provide employer of record services; Colorado Revised Statutes 2019 Page 181 of 490 Uncertified Printout (b) Establish standards and procedures for considering and approving the applications of organizations that apply to function as employers of record; and (c) Approve the applications of those organizations that apply to be employers of record if the state department determines the organizations will meet all applicable standards in the most effective and efficient manner and at the lowest cost. (9) An organization may submit an application to be an employer of record, a local agency contractor, or both. The state department shall review and make decisions about the application of an organization to be an employer of record in the same manner, and using the same criteria, regardless of whether the organization previously never was, previously was, currently is, previously applied to be, or is currently applying to be a local agency contractor. The state department shall review and make decisions about the application of an organization to be a local agency contractor in the same manner, and using the same criteria, regardless of whether the organization never was, previously was, currently is, previously applied to be, or is currently applying to be an employer of record. An employer of record or a local agency contractor, consistent with criteria that the state department may establish, may also serve as a host site employer. (10) The state department shall utilize any moneys for the transitional jobs program in the following manner: (a) Transitional jobs program moneys must be used to reimburse the employer of record for the following wage-related costs for each individual who works in a transitional job: (I) Wage costs equal to the number of hours of transitional jobs work performed for and certified by a host-site employer times the agreed upon wage, which wage must be at least the applicable minimum wage but may be defined by the funding source; and (II) All resulting payroll taxes, including the employer of record's share of FICA taxes, medicare taxes, any applicable unemployment insurance taxes, and any applicable worker's compensation costs. (b) The host site or a third party may increase the wage per hour or other compensation that an individual employed in a transitional job receives and shall be responsible for all wages, payroll tax, and other costs associated with the increase. (c) Transitional jobs program moneys also shall be used to pay for: (I) Administrative costs incurred by the state department, including payments to employers of record; and (II) Payments to competitively selected local contracting agencies, pursuant to their contracts, for program and administrative costs actually incurred. Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2099, § 1, effective July 1. L. 2014: (1)(a) amended, (HB 14-1015), ch. 212, p. 791, § 1, effective August 6. L. 2016: (1)(a) amended, (HB 16-1290), ch. 191, p. 678, § 1, effective August 10. L. 2018: (1)(a) amended, (HB 18-1334), ch. 190, p. 1271, § 1, effective August 8. 26-2-1104. Repeal. This part 11 is repealed, effective July 1, 2025. Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2103, § 1, effective July 1. L. 2016: Entire section amended, (HB 16-1290), ch. 191, p. 678, § 2, effective August 10. L. 2018: Entire section amended, (HB 18-1334), ch. 190, p. 1271, § 2, effective August 8. Colorado Revised Statutes 2019 Page 182 of 490 Uncertified Printout ARTICLE 3 Protective Services 26-3-101 to 26-3-114. (Repealed) Source: L. 91: Entire article repealed, p. 1784, § 16, effective July 1. Editor's note: This article was numbered as article 6 of chapter 119 in C.R.S. 1963. For amendments to this article prior to its repeal in 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 3.1 Protective Services for Adults at Risk of Mistreatment or Self-neglect Editor's note: This article was added in 1983. This article was repealed and reenacted in 1991, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following the relocated sections. PART 1 PROTECTIVE SERVICES FOR AT-RISK ADULTS 26-3.1-101. Definitions. As used in this article 3.1, unless the context otherwise requires: (1) "Abuse" means any of the following acts or omissions committed against an at-risk adult: (a) The nonaccidental infliction of physical pain or injury, as demonstrated by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation; (b) Confinement or restraint that is unreasonable under generally accepted caretaking standards; or (c) Subjection to sexual conduct or contact classified as a crime under the "Colorado Criminal Code", title 18, C.R.S. (1.5) "At-risk adult" means an individual eighteen years of age or older who is susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs. Colorado Revised Statutes 2019 Page 183 of 490 Uncertified Printout (1.7) "CAPS" means the Colorado adult protective services data system that includes records of reports of mistreatment of at-risk adults. (1.8) "CAPS check" means a check of the Colorado adult protective services data system pursuant to section 26-3.1-111. (2) "Caretaker" means a person who: (a) Is responsible for the care of an at-risk adult as a result of a family or legal relationship; (b) Has assumed responsibility for the care of an at-risk adult; or (c) Is paid to provide care, services, or oversight of services to an at-risk adult. (2.3) (a) "Caretaker neglect" means neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or other treatment necessary for the health or safety of the at-risk adult is not secured for an at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk adult. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2.3), the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, artificial nutrition and hydration, any medication or medical procedure or device, in accordance with any valid medical directive or order, or as described in a palliative plan of care, is not deemed caretaker neglect. (c) As used in this subsection (2.3), "medical directive or order" includes a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 1518-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S. (2.5) "Clergy member" means a priest; rabbi; duly ordained, commissioned, or licensed minister of a church; member of a religious order; or recognized leader of any religious body. (3) "County department" means a county or district department of human or social services. (3.5) "Direct care" means services and supports, including case management services, protective services, physical care, mental health services, or any other service necessary for the at-risk adult's health, safety, or welfare. (4) "Exploitation" means an act or omission committed by a person that: (a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk adult of the use, benefit, or possession of any thing of value; (b) Employs the services of a third party for the profit or advantage of the person or another person to the detriment of the at-risk adult; (c) Forces, compels, coerces, or entices an at-risk adult to perform services for the profit or advantage of the person or another person against the will of the at-risk adult; or (d) Misuses the property of an at-risk adult in a manner that adversely affects the at-risk adult's ability to receive health care or health care benefits or to pay bills for basic needs or obligations. (5) "Financial institution" means a state or federal bank, savings bank, savings and loan association or company, building and loan association, trust company, or credit union. Colorado Revised Statutes 2019 Page 184 of 490 Uncertified Printout (6) "Least restrictive intervention" means acquiring or providing services, including protective services, for the shortest duration and to the minimum extent necessary to remedy or prevent situations of actual mistreatment, self-neglect, or exploitation. (7) "Mistreatment" means: (a) Abuse; (b) Caretaker neglect; (c) Exploitation; (d) An act or omission that threatens the health, safety, or welfare of an at-risk adult; or (e) An act or omission that exposes an at-risk adult to a situation or condition that poses an imminent risk of bodily injury to the at-risk adult. (8) "Person" means one or more individuals, limited liability companies, partnerships, associations, corporations, legal representatives, trustees, receivers, or the state of Colorado, and all political subdivisions and agencies thereof. (9) "Protective services" means services provided by the state or political subdivisions or agencies thereof in order to prevent the mistreatment, self-neglect, or exploitation of an at-risk adult. Such services include, but are not limited to: Receiving and investigating reports of mistreatment, self-neglect, or exploitation, providing casework and counseling services, and arranging for, coordinating, delivering where appropriate, and monitoring services, including medical care for physical or mental health needs, protection from mistreatment, assistance with application for public benefits, referral to community service providers, and initiation of probate proceedings. (10) "Self-neglect" means an act or failure to act whereby an at-risk adult substantially endangers his or her health, safety, welfare, or life by not seeking or obtaining services necessary to meet his or her essential human needs. Choice of lifestyle or living arrangements shall not, by itself, be evidence of self-neglect. Refusal of medical treatment, medications, devices, or procedures by an adult or on behalf of an adult by a duly authorized surrogate medical decision maker or in accordance with a valid medical directive or order, or as described in a palliative plan of care, shall not be deemed self-neglect. Refusal of food and water in the context of a lifelimiting illness shall not, by itself, be evidence of self-neglect. As used in this subsection (10), "medical directive or order" includes, but is not limited to, a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical orders for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S. (11) "Undue influence" means the use of influence to take advantage of an at-risk adult's vulnerable state of mind, neediness, pain, or emotional distress. Source: L. 91: Entire article R&RE, p. 1772, § 1, effective July 1. L. 2000: (4)(c) amended, p. 1155, § 2, effective January 1, 2001. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 991, § 1, effective May 29. L. 2013: (2.3) and (2.5) added and (5) and (7)(b) amended, (SB 13-111), ch. 233, p. 1122, § 5, effective May 16. L. 2016: (1), (2), (2.3), (3), (4), and (7) amended and (1.5) and (11) added, (HB 16-1394), ch. 172, p. 555, § 9, effective July 1. L. 2017: IP amended and (1.7), (1.8), and (3.5) added, (HB 17-1284), ch. 272, p. 1496, § 1, effective May 31. Editor's note: This section is similar to former § 26-3.1-101 as it existed prior to 1991. Colorado Revised Statutes 2019 Page 185 of 490 Uncertified Printout Cross references: For the legislative declaration in the 2013 act adding subsections (2.3) and (2.5) and amending subsections (5) and (7)(b), see section 1 of chapter 233, Session Laws of Colorado 2013. 26-3.1-102. Reporting requirements. (1) (a) A person specified in paragraph (b) of this subsection (1) who observes the mistreatment or self-neglect of an at-risk adult or who has reasonable cause to believe that an at-risk adult has been mistreated or is self-neglecting and is at imminent risk of mistreatment or self-neglect is urged to report such fact to a county department not more than twenty-four hours after making the observation or discovery. (a.5) As required by section 18-6.5-108, C.R.S., certain persons specified in paragraph (b) of this subsection (1) who observe the mistreatment, as defined in section 18-6.5-102 (10.5), C.R.S., of an at-risk elder, as defined in section 18-6.5-102 (3), C.R.S., or an at-risk adult with IDD, as defined in section 18-6.5-102 (2.5), C.R.S., or who have reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment shall report such fact to a law enforcement agency not more than twenty-four hours after making the observation or discovery. (b) The following persons, whether paid or unpaid, are urged to report as described in subsection (1)(a) of this section: (I) Any person providing health care or health-care-related services including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; or physical, occupational, musical, or other therapies; (II) Hospital and long-term care facility personnel engaged in the admission, care, or treatment of patients; (III) First responders, including emergency medical service providers, fire protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates; (IV) Code enforcement officers; (V) Medical examiners and coroners; (VI) Veterinarians; (VII) Psychologists, addiction counselors, professional counselors, marriage and family therapists, and registered psychotherapists, as those persons are defined in article 245 of title 12; (VIII) Social workers, as defined in part 4 of article 245 of title 12; (IX) Staff of community-centered boards; (X) Staff, consultants, or independent contractors of service agencies, as defined in section 25.5-10-202 (34), C.R.S.; (XI) Staff or consultants for a licensed or unlicensed, certified or uncertified, care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers; (XII) Caretakers, staff members, employees of, or consultants for, a home care placement agency, as defined in section 25-27.5-102 (5), C.R.S.; (XIII) Persons performing case management or assistant services for at-risk adults; (XIV) Staff of county departments of human or social services; (XV) Staff of the state departments of human services, public health and environment, or health care policy and financing; Colorado Revised Statutes 2019 Page 186 of 490 Uncertified Printout (XVI) Staff of senior congregate centers or senior research or outreach organizations; (XVII) Staff, and staff of contracted providers, of area agencies on aging, except the long-term care ombudsmen; (XVIII) Employees, contractors, and volunteers operating specialized transportation services for at-risk adults; (XIX) Landlords and staff of housing and housing authority agencies for at-risk adults; (XX) Court-appointed guardians and conservators; (XXI) Personnel at schools serving persons in preschool through twelfth grade; (XXII) Clergy members; except that the reporting requirement described in paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk adult has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and (XXIII) Persons working in financial services industries, including banks, savings and loan associations, credit unions, and other lending or financial institutions; accountants; mortgage brokers; life insurance agents; and financial planners. (c) In addition to those persons urged by this subsection (1) to report known or suspected mistreatment or self-neglect of an at-risk adult and circumstances or conditions that might reasonably result in mistreatment or self-neglect, any other person may report such known or suspected mistreatment or self-neglect and circumstances or conditions that might reasonably result in mistreatment or self-neglect of an at-risk adult to the local law enforcement agency or the county department. Upon receipt of such report, the receiving agency shall prepare a written report within forty-eight hours. (2) Pursuant to subsection (1) of this section, the report must include: (a) The name and address of the at-risk adult; (b) The name and address of the at-risk adult's caretaker, if any; (c) The age, if known, of the at-risk adult; (d) The nature and extent of the at-risk adult's injury, if any; (e) The nature and extent of the condition that will reasonably result in mistreatment or self-neglect; and (f) Any other pertinent information. (3) A copy of the report prepared by the county department in accordance with subsections (1) and (2) of this section shall be forwarded within twenty-four hours to a local law enforcement agency. A report prepared by a local law enforcement agency shall be forwarded within twenty-four hours to the county department. (4) A person, including a person specified in subsection (1) of this section, shall not knowingly make a false report of mistreatment or self-neglect to a county department or local law enforcement agency. Any person who willfully violates the provisions of this subsection (4) commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., and shall be liable for damages proximately caused thereby. (5) Any person, except a perpetrator, complicitor, or coconspirator, who makes a report pursuant to this section shall be immune from any civil or criminal liability on account of such report, testimony, or participation in making such report, so long as such action was taken in Colorado Revised Statutes 2019 Page 187 of 490 Uncertified Printout good faith and not in reckless disregard of the truth or in violation of subsection (4) of this section. (6) A person shall not take any discriminatory, disciplinary, or retaliatory action against any person who, in good faith, makes a report or fails to make a report of suspected mistreatment or self-neglect of an at-risk adult. (7) (a) Except as provided in paragraph (b) of this subsection (7), reports of the mistreatment or self-neglect of an at-risk adult, including the name and address of any at-risk adult, member of said adult's family, or informant, or any other identifying information contained in such reports, is confidential, and is not public information. (b) Disclosure of a report of the mistreatment or self-neglect of an at-risk adult and information relating to an investigation of such a report is permitted only when authorized by a court for good cause. A court order is not required, and such disclosure is not prohibited when: (I) A criminal complaint, information, or indictment based on the report is filed; (II) There is a death of a suspected at-risk adult from mistreatment or self-neglect and a law enforcement agency files a formal charge or a grand jury issues an indictment in connection with the death; (III) The disclosure is necessary for the coordination of multiple agencies' joint investigation of a report or for the provision of protective services to an at-risk adult; (IV) The disclosure is necessary for purposes of an audit of a county department of human or social services pursuant to section 26-1-114.5; (V) The disclosure is made for purposes of the appeals process relating to a substantiated case of mistreatment of an at-risk adult pursuant to section 26-3.1-108 (2). The provisions of this subsection (7)(b)(V) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information. (VI) The disclosure is made by the state department to an employer, or to a person or entity conducting employee screening on behalf of the employer, as part of a CAPS check pursuant to section 26-3.1-111 or by a county department pursuant to section 26-3.1-107. (VII) The disclosure is made to the at-risk adult who is the subject of the report, or if the at-risk adult is otherwise incompetent at the time of the request, to the guardian or guardian ad litem for the at-risk adult who is the subject of the report. The information disclosed pursuant to this subsection (7)(b)(VII) must not be disclosed until after the investigation is complete and must not include any identifying information related to the reporting party or any other appropriate persons. If the guardian is the substantiated perpetrator in a case of mistreatment of an at-risk adult, the disclosure must not be made without authorization by the court for good cause. If the court authorizes the release of information to a substantiated perpetrator, any protected or confidential information pursuant to federal or state law must not be disclosed. (VIII) The disclosure is made to a county department that assesses or provides protective services for children, when the information is necessary to adequately assess for safety and risk or to provide protective services for a child. The information disclosed pursuant to this subsection (7)(b)(VIII) is limited to information regarding prior or current referrals, assessments, investigations, or case information related to an at-risk adult or an alleged perpetrator. A county department that assesses or provides protective services for at-risk adults is similarly permitted to access information from a county department that assesses or provides protective services for children pursuant to section 19-1-307 (2)(x). The provisions of this subsection (7)(b)(VIII) are in Colorado Revised Statutes 2019 Page 188 of 490 Uncertified Printout addition to and not in lieu of other federal and state laws concerning protected or confidential information. (c) Any person who violates any provision of this subsection (7) is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars. Source: L. 91: Entire article R&RE, p. 1774, § 1, effective July 1. L. 2004: (4) amended, p. 275, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 994, § 1, effective May 29. L. 2013: (1)(a) and (1)(b) amended and (1)(a.5) added, (SB 13-111), ch. 233, p. 1123, § 6, effective May 16. L. 2014: (3) amended, (SB 14-098), ch. 103, p. 387, § 3, effective April 7. L. 2015: (7)(b)(II) and (7)(b)(III) amended and (7)(b)(IV) added, (HB 151370), ch. 324, p. 1326, § 5, effective June 5; (1)(a.5) amended, (SB 15-109), ch. 278, p. 1142, § 4, effective July 1, 2016. L. 2016: (1)(a), (1)(a.5), (1)(b), (1)(c), IP(2), (2)(e), (4), (6), (7)(a), IP(7)(b), and (7)(b)(II) amended, (HB 16-1394), ch. 172, p. 557, § 10, effective July 1. L. 2017: (7)(b) amended, (HB 17-1284), ch. 272, p. 1496, § 2, effective May 31. L. 2019: (7)(b)(III) and (7)(b)(V) amended and (7)(b)(VII) and (7)(b)(VIII) added, (HB 19-1063), ch. 46, p. 156, § 2, effective August 2; (7)(b)(VII) amended, (HB 19-1307), ch. 393, p. 3503, § 1, effective August 2; IP(1)(b), (1)(b)(VII), and (1)(b)(VIII) amended, (HB 19-1172), ch. 136, p. 1712, effective October 1. Editor's note: This section is similar to former § 26-3.1-104 as it existed prior to 1991. Cross references: (1) For the legislative declaration in the 2013 act amending subsections (1)(a) and (1)(b) and adding subsection (1)(a.5), see section 1 of chapter 233, Session Laws of Colorado 2013. (2) For the legislative declaration in HB 15-1370, see section 1 of chapter 324, Session Laws of Colorado 2015. 26-3.1-103. Evaluations - investigations - training - rules. (1) The agency receiving a report of mistreatment or self-neglect of an at-risk adult shall immediately make a thorough evaluation of the reported level of risk. The immediate concern of the evaluation is the protection of the at-risk adult. The evaluation, at a minimum, must include a determination of a response time frame and whether an investigation of the allegations is required. If a county department determines that an investigation is required, the county department is responsible for ensuring an investigation is conducted and arranging for the subsequent provision of protective services to be conducted by persons trained to conduct such investigations and provide protective services. (1.5) The state department shall provide training to all current county department adult protective services caseworkers and supervisors no later than July 1, 2018, and to new county department adult protective services caseworkers and supervisors hired after July 1, 2018, to achieve consistency in the performance of the following duties: (a) Investigating reports of suspected mistreatment or self-neglect of at-risk adults and making findings concerning cases and alleged perpetrators; (b) Notifying a person who has been substantiated in a case of mistreatment of an at-risk adult of the finding and of the person's right to appeal the finding to the state department; Colorado Revised Statutes 2019 Page 189 of 490 Uncertified Printout (c) Assessing the client's strengths and needs and developing a plan for the provision of protective services; (d) Determining the appropriateness of case closure; (e) Entering accurate and complete documentation of the report and subsequent casework into CAPS; and (f) Maintaining confidentiality in accordance with state law. (2) Each county department, law enforcement agency, district attorney's office, and other agency responsible under federal law or the laws of this state to investigate mistreatment or selfneglect of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies. The focus of such agreements is to ensure the best protection for at-risk adults. The agreements must provide for special requests by one agency for assistance from another agency and for joint investigations. The agreements must further provide that each agency maintain the confidentiality of the information exchanged pursuant to such joint investigations. (3) Each county or contiguous group of counties in the state in which a minimum number of reports of mistreatment or self-neglect of at-risk adults are annually filed shall establish an at-risk adult protection team. The state board shall promulgate rules to specify the minimum number of reports that will require the establishment of an adult at-risk protection team. The at-risk adult protection team shall review the processes used to report and investigate mistreatment or self-neglect of at-risk adults, review the provision of protective services for such adults, facilitate interagency cooperation, and provide community education on the mistreatment and self-neglect of at-risk adults. The director of each county department shall create or coordinate a protection team for the respective county in accordance with rules adopted by the state board of human services. The state board rules shall govern the establishment, composition, and duties of the team and must be consistent with this subsection (3). (4) Repealed. Source: L. 91: Entire article R&RE, p. 1776, § 1, effective July 1. L. 94: (3) amended, p. 2704, § 265, effective July 1. L. 2007: (3) amended, p. 1014, § 1, effective May 22. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 996, § 1, effective May 29. L. 2013: (4) repealed, (SB 13-111), ch. 233, p. 1127, § 15, effective May 16. L. 2016: (1), (2), and (3) amended, (HB 16-1394), ch. 172, p. 560, § 11, effective July 1. L. 2017: (1.5) added, (HB 17-1284), ch. 272, p. 1497, § 3, effective May 31. Editor's note: Subsections (1), (2), and (3) were enacted as subsections (1)(a), (1)(b), and (1)(c), respectively, by Senate Bill 91-84, Session Laws of Colorado 1991, chapter 288, section 1, but have been renumbered on revision for ease of location. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2013 act repealing subsection (4), see section 1 of chapter 233, Session Laws of Colorado 2013. 26-3.1-104. Provision of protective services for at-risk adults - consent - nonconsent - least restrictive intervention. (1) If a county director or his or her designee determines that an Colorado Revised Statutes 2019 Page 190 of 490 Uncertified Printout at-risk adult is being mistreated or self-neglected, or is at risk thereof, and the at-risk adult consents to protective services, the county director or designee shall immediately provide or arrange for the provision of protective services, which services shall be provided in accordance with the provisions of 28 CFR part 35, subpart B. (2) If a county director or his or her designee determines that an at-risk adult is being or has been mistreated or self-neglected, or is at risk thereof, and if the at-risk adult appears to lack capacity to make decisions and does not consent to the receipt of protective services, the county director is urged, if no other appropriate person is able or willing, to petition the court, pursuant to part 3 of article 14 of title 15, C.R.S., for an order authorizing the provision of specific protective services and for the appointment of a guardian, for an order authorizing the appointment of a conservator pursuant to part 4 of article 14 of title 15, C.R.S., or for a court order providing for any combination of these actions. (3) Any protective services provided pursuant to this section shall include only those services constituting the least restrictive intervention. Source: L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2016: (1) and (2) amended, (HB 16-1394), ch. 172, p. 561, § 12, effective July 1. Editor's note: This section is similar to former §§ 26-3.1-102 and 26-3.1-103 as they existed prior to 1991. 26-3.1-105. Prior consent form. (Repealed) Source: L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2013: Entire section repealed, (SB 13-111), ch. 233, p. 1128, § 16, effective May 16. Editor's note: This section was similar to former § 26-3.1-206 as it existed prior to 2012. Cross references: For the legislative declaration in the 2013 act repealing this section, see section 1 of chapter 233, Session Laws of Colorado 2013. 26-3.1-106. Training. The general assembly strongly encourages training that focuses on detecting circumstances or conditions that might reasonably result in mistreatment or selfneglect of an at-risk adult for those persons who are urged by section 26-3.1-102 (1) to report known or suspected mistreatment or self-neglect of an at-risk adult. Source: L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 562, § 13, effective July 1. Editor's note: This section is similar to former § 26-3.1-207 as it existed prior to 2012. Colorado Revised Statutes 2019 Page 191 of 490 Uncertified Printout 26-3.1-107. Background check - adult protective services data system check. (1) Each county department shall require each protective services employee hired on or after May 29, 2012, to complete a fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The employee shall pay the cost of the fingerprint-based criminal history record check unless the county department chooses to pay the cost. Upon completion of the criminal history record check, the Colorado bureau of investigation shall forward the results to the county department. The county department shall require a name-based criminal history record check for an applicant or an employee who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, as defined in section 22-2-119.3 (6)(d). (2) For each adult protective services employee hired on or after January 1, 2019, each county department shall conduct a CAPS check to determine if the person is substantiated in a case of mistreatment of an at-risk adult. The county department shall conduct the CAPS check pursuant to state department rules. Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, § 1, effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 272, p. 1498, § 4, effective May 31. L. 2019: (1) amended, (HB 19-1166), ch. 125, p. 554, § 42, effective April 18. 26-3.1-108. Notice of report - appeals - rules. (1) The state department shall promulgate appropriate rules for the implementation of this article 3.1. (2) In addition to rules promulgated pursuant to subsection (1) of this section, the state department shall promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. At a minimum, the rules promulgated pursuant to this subsection (2) shall address the following: (a) The process by which a person who is substantiated in a case of mistreatment of an at-risk adult receives adequate and timely written notice from the county department of that finding and of his or her right to appeal the finding to the state department; (b) The effective date of the notification of finding and appeal process; (c) A requirement for and procedures to facilitate the expungement of and prevention of the release of any information contained in CAPS records for purposes of a CAPS check related to a person who is substantiated in a case of mistreatment of an at-risk adult that existed prior to May 31, 2017; except that the state department and county departments may maintain such information in CAPS to assist in future risk and safety assessments. (d) The timeline and process for appealing the finding of a substantiated case of mistreatment of an at-risk adult; (e) Designation of the entity other than the county department with the authority to accept and respond to an appeal by a person substantiated in a case of mistreatment of an at-risk adult at each stage of the appellate process; (f) The legal standards involved in the appellate process and a designation of the party who bears the burden of establishing that each standard is met; and (g) The confidentiality requirements of the appeals process. Colorado Revised Statutes 2019 Page 192 of 490 Uncertified Printout (3) A county department is not required to provide notice to a person of a finding of a substantiated case of mistreatment of an at-risk adult until CAPS is capable of automatically generating the notice required pursuant to state department rules. Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, § 1, effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 272, p. 1498, § 5, effective May 31. Editor's note: This section is similar to former § 26-3.1-105 as it existed prior to 2012. 26-3.1-109. Limitation. Nothing in this article shall be construed to mean that a person is mistreated, neglected, exploited, or in need of emergency or protective services for the sole reason that he or she is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of that person's recognized church or religious denomination, nor shall anything in this article be construed to authorize, permit, or require any medical care or treatment in contravention of the stated or implied objection of such a person. Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, § 1, effective May 29. Editor's note: This section is similar to former § 26-3.1-106 as it existed prior to 2012. 26-3.1-110. Report concerning the implementation of mandatory reporting of elder abuse and exploitation - repeal. (Repealed) Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1125, § 7, effective May 16. Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2017. (See L. 2013, p. 1125.) 26-3.1-111. Access to CAPS - employment checks - confidentiality - fees - rules legislative declaration - definitions. (1) The general assembly finds and declares that individuals receiving care and services from persons employed in programs or facilities described in subsection (7) of this section are vulnerable to mistreatment, including abuse, neglect, and exploitation. It is the intent of the general assembly to minimize the potential for employment of persons with a history of mistreatment of at-risk adults in positions that would allow those persons unsupervised access to these adults. As a result, the general assembly finds it necessary to strengthen protections for vulnerable adults by requiring certain employers to request a CAPS check by the state department to determine if a person who will provide direct care to an at-risk adult has been substantiated in a case of mistreatment of an at-risk adult. (2) As used in this section, unless the context otherwise requires: (a) "Employee" means a person, other than a volunteer, who is employed by or contracted with an employer, and includes a prospective employee. Colorado Revised Statutes 2019 Page 193 of 490 Uncertified Printout (b) "Employer" means a person, facility, entity, or agency described in subsection (7) of this section and includes a prospective employer. "Employer" also includes a person hiring someone to provide consumer-directed attendant support services pursuant to article 10 of title 25.5, if the person requests a CAPS check. (3) The state department shall establish and implement a state-level program for employers to obtain a CAPS check to determine if a person who will provide direct care to an atrisk adult is substantiated in a case of mistreatment of an at-risk adult. The state department's program shall be operational for an employer CAPS check on and after January 1, 2019. (4) The state department shall not release information relating to any person during a CAPS check unless the person is substantiated in a case of mistreatment of an at-risk adult. (5) The state department shall promulgate rules for the implementation of this section, which rules must include the following: (a) The employer process for requesting a CAPS check for an employee who has an active application for employment for a position in which the person will provide direct care to an at-risk adult; (b) The state department or county department employees or employee positions granted access to CAPS; (c) The process for completing a CAPS check and the parameters for establishing and collecting the fee charged to an employer for each CAPS check; (d) The information in CAPS that will be made available to an employer requesting a CAPS check; (e) The purposes for which the information in CAPS may be made available; and (f) The consequences of the improper release of the information in CAPS. (6) (a) (I) On and after January 1, 2019, prior to hiring or contracting with an employee who will provide direct care to an at-risk adult, an employer described in subsection (7) of this section shall request a CAPS check by the state department pursuant to this section to determine if the person is substantiated in a case of mistreatment of an at-risk adult. Within ten days after the date of the employer's request, if the employee was substantiated in a case of mistreatment of an at-risk adult, unless the finding was expunged through a successful appeal to the state department, the state department shall provide the employer with information concerning the mistreatment through electronic means, or other means if requested by the employer, including the date the mistreatment was reported, the type of mistreatment reported, and the county that investigated the report of mistreatment. (II) A person or entity conducting employee screening on behalf of an employer may request a CAPS check pursuant to this section and may receive the results of the CAPS check from the state department. The person or entity conducting employee screening on behalf of the employer shall provide the employer with the results of the CAPS check. (b) As a condition of employment or contracting, a person seeking employment or to contract with the employer in a position in which the person will provide direct care to an at-risk adult shall provide to the employer, or to a person or entity conducting employee screening on behalf of the employer, written authorization and any required identifying information necessary to conduct a CAPS check pursuant to this section. The employer shall pay a fee established by the state department for each CAPS check, or may require the person seeking employment or to contract with the employer to pay the required fee for the CAPS check. Colorado Revised Statutes 2019 Page 194 of 490 Uncertified Printout (c) (I) An employer, or a person or entity conducting employee screening on behalf of the employer, that relies upon information obtained through a CAPS check in making an employment decision or concludes that the nature of any information disqualifies a prospective employee from employment is immune from civil liability in an action brought by the prospective employee for that conclusion or decision unless the CAPS information relied upon is false and the employer, or a person or entity conducting employee screening on behalf of the employer, knows the information is false. (II) Nothing in this subsection (6)(c) amends, supersedes, or otherwise limits the civil liability of the employer, or a person or entity conducting employee screening on behalf of the employer, with respect to any claim or action related to the employment decision other than a claim or action relating to the information received by the employer, or a person or entity conducting employee screening on behalf of the employer, pursuant to a CAPS check. (d) (I) Except as provided in subsection (6)(d)(II) of this section, an employer, or a person or entity conducting employee screening on behalf of the employer, is deemed to have violated subsection (6)(e) of this section if the employer, or a person or entity conducting employee screening on behalf of the employer: (A) Requests a CAPS check pursuant to this section for a person who is not an existing employee or who does not have an active application for or is not contracting with the employer, or who does not have an active application to contract with the employer, for a position providing direct care to an at-risk adult; or (B) Releases information obtained pursuant to the CAPS check to any person other than a person directly involved in the employer's hiring process. (II) An employer, or a person or entity conducting employee screening on behalf of the employer, has not violated subsection (6)(e) of this section if the employer, or a person or entity conducting employee screening on behalf of the employer, releases information received through a CAPS check: (A) To a state agency or its contractor upon the request of the agency or contractor for purposes of an employer inspection or survey; or (B) At the request of a current or prospective employer of a health care worker or caregiver in accordance with section 8-2-111.6 or section 8-2-111.7. (e) Any person who improperly releases or who willfully permits or encourages the release of data or information obtained through a CAPS check to persons not permitted access to the information pursuant to this article 3.1, commits a class 1 misdemeanor and is punished as provided in section 18-1.3-501. (f) Nothing in this section prohibits an employer from hiring or contracting with an employee who will provide direct care to an at-risk adult prior to receiving the results of the CAPS check. (7) The following employers shall request a CAPS check pursuant to this section: (a) A health facility licensed pursuant to section 25-1.5-103, including those wholly owned and operated by any governmental unit; (b) An adult day care facility, as defined in section 25.5-6-303 (1); (c) A community integrated health care service agency, as defined in section 25-3.51301 (1); (d) A community-centered board or a program-approved service agency providing or contracting for services and supports pursuant to article 10 of title 25.5; Colorado Revised Statutes 2019 Page 195 of 490 Uncertified Printout (e) A single entry point agency, as described in section 25.5-6-106; (f) An area agency on aging, as defined in section 26-11-201 (2), and any agency or provider the area agency on aging contracts with to provide services; (g) A facility operated by the state department for the care and treatment of persons with mental health disorders pursuant to article 65 of title 27; (h) A facility operated by the state department for the care and treatment of persons with intellectual and developmental disabilities pursuant to article 10.5 of title 27; and (i) Veterans community living centers operated pursuant to article 12 of this title 26. (8) A person hiring someone to provide consumer-directed attendant support services pursuant to article 10 of title 25.5 may request a CAPS check pursuant to this section at the person's expense. The person requesting the CAPS check must comply with state department rules and the provisions of subsection (6) of this section relating to the release of information obtained through a CAPS check. (9) Except for the costs incurred for the development and initial implementation of the program, direct and indirect costs incurred for the administrative appeals process for persons appealing claims of mistreatment of at-risk adults and the direct and indirect costs of conducting employer-requested CAPS checks pursuant to this section are funded through a fee assessed on an employer for each CAPS check. The state department shall establish and collect the fee pursuant to parameters set forth in rule established by the state board. At a minimum, the state board's rules must include a provision requiring the state department to provide notice of the fee to interested persons and the maximum fee amount that the state department shall not exceed without the express approval of the state board. The fee established must not exceed direct and indirect costs incurred for the administrative appeals process for persons appealing claims of mistreatment of at-risk adults and the direct and indirect costs of conducting employer-requested CAPS checks pursuant to this section. Fees collected for CAPS checks shall be transferred to the state treasurer and credited to the records and reports fund created in section 19-1-307 (2.5). (10) The state department shall review the feasibility and cost of including a feature in CAPS that would provide notification to an employer if a substantiated finding of mistreatment by an employee is subsequently entered into CAPS. If it is feasible to include a notification feature, subject to available money to implement any necessary system changes and completion of those system changes, the state department shall implement the notification feature as part of a CAPS check. Source: L. 2017: Entire section added, (HB 17-1284), ch. 272, p. 1499, § 6, effective May 31. L. 2018: (7)(g) amended, (SB 18-091), ch. 35, p. 390, § 34, effective August 8. Cross references: For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. PART 2 FINANCIAL EXPLOITATION OF AT-RISK ADULTS 26-3.1-201 to 26-3.1-208. (Repealed) Colorado Revised Statutes 2019 Page 196 of 490 Uncertified Printout Source: L. 2012: Entire part repealed, (SB 12-078), ch. 226, p. 998, § 2, effective May 29. Editor's note: This part 2 was added in 2000. For amendments to this part 2 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Some sections of this part 2 were relocated to part 1 of this article. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. PART 3 ELDER ABUSE TASK FORCE Editor's note: This part 3 was added in 2012. For amendments to this part 3 prior to its repeal in 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. 26-3.1-301. (Repealed) Source: L. 2013: Entire part repealed, (SB 13-111), ch. 233, p. 1128, § 17, effective May 16. Cross references: For the legislative declaration in the 2013 act repealing this part 3, see section 1 of chapter 233, Session Laws of Colorado 2013. ARTICLE 4 Colorado Medical Assistance Act 26-4-101 to 26-4-1408. (Repealed) Source: L. 2006: Entire article repealed, p. 1997, § 27, effective July 1. Editor's note: (1) This article was numbered as article 5 of chapter 119, C.R.S. 1963. For amendments to this article prior to its repeal in 2006, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) The provisions of this article were relocated to part 2 of article 3 and articles 4, 5, and 6 of title 25.5. For the location of specific provisions, see the editor's notes following each section in said articles and the comparative tables located in the back of the index. Cross references: For current provisions concerning the Colorado medical assistance act, see articles 4, 5, and 6 of title 25.5. For current provisions concerning the comprehensive primary and preventive care grant program, see part 2 of article 3 of title 25.5. Colorado Revised Statutes 2019 Page 197 of 490 Uncertified Printout ARTICLE 4.5 Alternatives to Long-term Nursing Home Care 26-4.5-101 to 26-4.5-404. (Repealed) Source: L. 91: Entire article repealed, p. 1853, § 1, effective April 11. Editor's note: (1) This article was added in 1980. For amendments to this article prior to its repeal in 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. (2) The provisions of this article were relocated to article 4 of this title prior to its repeal in 2006. For the location of specific provisions prior to 2006, see the comparative tables located in the back of the index. ARTICLE 4.6 Task Force on Long-term Health Care 26-4.6-101 to 26-4.6-105. (Repealed) Editor's note: (1) Section 26-4.6-105 provided for the repeal of this entire article, effective July 1, 1990. (See L. 88, p. 1072.) (2) This article was added in 1988. For amendments to this article prior to its repeal in 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 5 Child Welfare Services Editor's note: This article was numbered as article 4 of chapter 119, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1973, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. 26-5-100.2. Legislative declaration. (1) The general assembly finds and declares that: (a) Each year, for a variety of reasons, more than three hundred youth, ages eighteen to twenty-one, exit Colorado's foster care system without a permanent home or a stable support network; Colorado Revised Statutes 2019 Page 198 of 490 Uncertified Printout (b) These youth do not have the same safety nets, supportive adults, and support networks as do other youth their age; (c) Many of these youth will face challenges as they search for affordable housing, pursue higher education or training, search for employment, manage tight budgets, take care of their health needs, and much more; (d) Youth in foster care face not only the typical developmental changes and new experiences that are common to youth their age but also the dramatic change from being under the county's care to being on their own, many without any supportive adults or safety net to help them succeed; (e) The array of services and supports available to youth while in the foster care system, including housing, food, medical care, and caseworker support, disappear as soon as the youth exits foster care. Additionally, many of these youth are dealing with the long-term consequences of trauma related to the abuse, neglect, removal, and overall lack of resources that they may have experienced. (f) By leveraging the expertise of youth who have successfully made the transition to adulthood, as well as experts in the field, many states have developed creative approaches to address the needs of these youth; (g) Colorado can start addressing the needs of youth by allowing counties to use existing child welfare money to provide continued supportive services for youth who exit the foster care system; and (h) Although existing child welfare money may enable the state to provide services to some youth, it is insufficient to address all the need, nor is it available consistently across the state. (2) Therefore, the general assembly determines that by coupling the short-term approach of using existing child welfare money with the creation of a steering committee tasked with developing a long-term implementation plan for services for a successful adulthood for youth who were formerly in the state's foster care system, the state can better meet the needs of youth who are making the transition from the foster care system to successful adulthood. Source: L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1388, § 1, effective May 18. 26-5-101. Definitions. As used in this article 5, unless the context otherwise requires: (1) "Capped allocation" means a capped amount of funds distributed to counties or a group of counties for the purpose of providing all or a portion of the child welfare services as defined in subsection (3) of this section. (1.5) "Caseload" means the number of children who are eligible for child welfare services that are defined in subsection (3) of this section and who are currently receiving such child welfare services on a regular basis from a county. (2) "Child welfare allocations committee" means a committee that is organized and authorized pursuant to the provisions of section 26-5-103.5. (3) "Child welfare services" means the provision of necessary shelter, sustenance, and guidance to or for children who are or who, if such services are not provided, are likely to become neglected or dependent, as defined in section 19-3-102. "Child welfare services" includes but is not limited to: Colorado Revised Statutes 2019 Page 199 of 490 Uncertified Printout (a) Child protection; (b) Risk assessment; (c) Permanency planning; (d) Treatment planning; (e) Case management; (f) Core services, as defined in rules promulgated by the state department, as authorized in sections 26-5-102 and 26-5.5-104; (g) Adoption and subsidized adoption; (h) Emergency shelter; (i) Out-of-home placement, including foster care; (j) Utilization review; (k) Early intervention and prevention; (l) Youth-in-conflict functions; (m) Administration and support functions; (n) Services described in section 19-3-208; (o) (I) Provision of verifiable documents to youth who plan to emancipate from foster care. (II) Verifiable documents shall include, but need not be limited to, a certified copy of the youth's birth certificate and a social security card. The cost of providing the verifiable documents shall not be borne by the youth. (p) Foster care prevention services, as defined in section 26-5.4-102 (1). (4) "County" means a county or a city and county or any two or more counties. (4.1) "County department" means a county department of human or social services. (4.5) "Family First Prevention Services Act of 2018" means Titles IV-B and IV-E of the federal "Social Security Act", as amended. (4.7) "Former foster care youth" means a youth at least eighteen years of age but younger than twenty-one years of age who was formerly in the legal custody or legal authority of a county department and who was placed in a certified or noncertified kinship care placement, as defined in section 26-6-102 (21); a certified or licensed facility; or a foster care home, as defined in section 26-6-102 (14) and certified pursuant to article 6 of this title 26. (5) "Governing body" means the board of county commissioners of a county or the city council and mayor of a city and county. (5.5) "Services for a successful adulthood" means supportive services that help former foster care youth achieve self-sufficiency. "Services for a successful adulthood" may include, but is not limited to, assistance with education, employment, financial management, housing, mental health care, and substance abuse prevention. "Services for a successful adulthood" does not include out-of-home placement, as described in section 26-5-102 (2)(i). (5.8) "Steering committee" means the former foster care youth steering committee established pursuant to section 26-5-114. (6) "Targeted allocation" means a fixed amount of funds from a capped allocation to a group of counties that is designated for a specific county within that group of counties. Source: L. 73: R&RE, p. 1195, § 3. C.R.S. 1963: § 119-4-1. L. 78: (1) amended, p. 367, § 14, effective July 1. L. 86: (1) amended, p. 794, § 15, effective July 1. L. 87: (1) amended, p. 821, § 39, effective October 1. L. 96: (1) amended, p. 1696, § 40, effective January 1, 1997. L. Colorado Revised Statutes 2019 Page 200 of 490 Uncertified Printout 97: Entire section amended, p. 1426, § 1, effective June 3. L. 98: (1) and (2) amended and (1.5) added, p. 780, § 2, effective May 22. L. 2008: (3) amended, p. 10, § 1, effective August 5. L. 2009: (3)(m) and (3)(n) amended and (3)(o) added, (SB 09-104), ch. 218, p. 983, § 1, effective August 5. L. 2018: IP amended and (4.5) added, (SB 18-254), ch. 216, p. 1374, § 3, effective May 18; IP amended and (4.1), (4.7), (5.5), and (5.8) added, (HB 18-1319), ch. 217, p. 1389, § 2, effective May 18. L. 2019: IP(3) and (3)(n) amended and (3)(p) added, (HB 19-1308), ch. 256, p. 2461, § 9, effective August 2. 26-5-102. Provision of child welfare services - system reform goals - out-of-home placements for children and youth with intellectual and developmental disabilities - rules definition. (1) (a) The state department shall adopt rules to establish a program of child welfare services, administered by the state department or supervised by the state department and administered by the county departments, and, where applicable, in accordance with the conditions accompanying available federal funds for such purpose. The rules shall establish a fee based upon the child support guidelines set forth in section 14-10-115, C.R.S., requiring those persons legally responsible for the child to pay for all, or a portion, of the services provided under this article. Notwithstanding the rules establishing a fee for services provided under this article, when it serves the best interest of a child, a county department may exempt a family from responsibility for payment of fees for core services, as defined in rules promulgated by the state department. The state department is authorized to promulgate rules to implement the provisions of this article relating to the allocation of funds to counties for the delivery of child welfare services. (b) Upon appropriate request and within available appropriations, child welfare services shall be provided for any child residing or present in the state of Colorado who is in need of such services. Foster care fees shall be considered child support obligations, and all remedies for the enforcement and collection of child support shall apply. Foster care fees established pursuant to section 14-10-115, C.R.S., may be collected pursuant to the administrative procedures to establish child support enforcement set forth in article 13.5 of this title. Due process is guaranteed in all actions regarding any such administrative process concerning foster care fees, and a court hearing of the matter before the district court may be obtained in the manner prescribed in section 26-13.5-105. Nothing contained in article 13.5 of this title shall be construed to deprive a court of competent jurisdiction from determining the duty of support of any obligor against whom an administrative order is issued pursuant to this article. (2) Reforms in child welfare and related delivery systems shall be directed at the following objectives: (a) More efficient and responsive service systems for children, youth, and families; (b) Increased flexibility and collaboration across multiple agencies and funding streams to more appropriately meet consumer needs and avoid cost shifting between systems; (c) Encouragement and authorization for a truly integrated service system that incorporates blended funding and administration; (d) Focus on quality and outcome-driven services with accountability for an entire array of services that families need, rather than forcing families to be transferred from agency to agency; (e) Development of data systems to support these goals and to allow administrators and policy makers to better manage and evaluate; Colorado Revised Statutes 2019 Page 201 of 490 Uncertified Printout (f) Authority and incentives for creative solutions at the local level that are not bound by the constraints of current agency barriers and categorical funding streams, including authority for local policy makers to create new entities incorporating blended funding and administration; (g) Successful training efforts directed at county staff, judges, court staff, providers, parents, and families and other appropriate entities that are involved in managed care service systems, which training efforts shall include, but not be limited to, the operation of the child welfare training academy created in section 26-5-109. Notwithstanding any limitation of the "M" notation of the appropriation in the annual appropriation act for child welfare services, the state department is authorized to expend any additional federal or private funding that may be available to support the training efforts identified in this subsection (2). (h) Promotion of the development of a family-centered, community-based strategy for placement decisions that includes team decision making, family-group decision making, or other agency decision making processes that involve the family and community supports; (i) Promotion of the local placement of children with families by recruiting and supporting foster care homes within the neighborhoods and communities in which identified children reside; (j) Successful transition of individuals eighteen to twenty years of age with intellectual and developmental disabilities to adult services for individuals with intellectual and developmental disabilities pursuant to section 25.5-6-409.5, C.R.S. (3) (a) On or before August 1, 2018, the state department shall develop a program to serve children and youth with intellectual and developmental disabilities who are placed by county departments of human or social services in a licensed out-of-home setting as defined in section 26-6-102 (33) and children or youth committed to or in the custody of the state department. (b) The state department shall promulgate rules concerning the placement of children or youth in the program. The rules must include, but need not be limited to, quality assurance monitoring, admissions, discharge planning, appropriate length of stay, and an appeals process for children or youth who are determined to be ineligible for the program. (c) On or before December 31, 2018, the state department shall contract with a licensed provider for the delivery of services to children and youth with intellectual and developmental disabilities who are placed in the program. The state department shall utilize a request for proposal process to define the scope of the contract and to select the licensed provider. (d) A county department that wishes to place a child or youth in the program shall submit an application to the state department for review. The state department shall approve admissions into the program and determine discharge criteria for each placement. A county department that has applied for the admission of a child or youth into the program shall be notified in writing of a placement approved by the state department. (e) For the duration of the treatment, as defined in the approval letter from the state department, and for thirty days after the completion of treatment, the county department responsible for the placement of the child or youth in the program must be reimbursed by the state department for one hundred percent of the costs associated with the approved placement. (f) The state department shall notify the county department that is responsible for the placement of the child or youth of the date on which the reimbursement eligibility will expire. Upon expiration of the reimbursement eligibility, if the child or youth remains in placement at the facility, the county department is responsible for one hundred percent of the placement costs. Colorado Revised Statutes 2019 Page 202 of 490 Uncertified Printout (g) A county department that has placed a child or youth in the program retains the right to remove the child or youth from the program any time prior to the discharge date specified by the state department. (h) The state department shall reimburse the provider one hundred percent of the cost of unutilized beds in the program to ensure available space for emergency residential out-of-home placements. (i) Entities other than county departments, including but not limited to hospitals, health care providers, single entry point agencies, and community-centered boards, may refer a family to voluntarily apply and assist with the application to the state department for admission of the family's child or youth with intellectual and developmental disabilities into the program pursuant to this subsection (3). Such applications will be considered if space is available. However, children and youth with intellectual and developmental disabilities placed by county departments or the state department shall have priority for admission to the program. The state department shall not accept applications for placement of a child or youth who is exclusively insured by private insurance. A child or youth who is dually insured by private insurance and medicaid and whose residential level of care has been denied by private insurance may be eligible for services in the program. (j) Any entity defined in subsection (3)(i) of this section that receives placement approval from the state department shall contract directly with the provider for such placement and is responsible for the costs associated with the placement. (k) The state department may maintain up to three open beds specifically for children and youth in the custody of a county or committed to or in the custody of the state department who may need services on an emergency basis. (4) As used in this section, "county department" means a county department of human or social services. Source: L. 73: R&RE, p. 1195, § 3. C.R.S. 1963: § 119-4-2. L. 87: Entire section amended, p. 594, § 21, effective July 10. L. 91: Entire section amended, p. 215, § 3, effective July 1. L. 93: Entire section amended, p. 1788, § 73, effective June 6; entire section amended, p. 1564, § 17, effective September 1. L. 98: Entire section amended, p. 707, § 1, effective May 18; entire section amended, p. 781, § 3, effective May 22. L. 2005: (2)(h) and (2)(i) added, p. 353, § 1, effective August 8. L. 2009: (2)(g) amended, (SB 09-164), ch. 276, p. 1239, § 1, effective May 19. L. 2010: (1)(a) amended, (HB 10-1115), ch. 120, p. 402, § 1, effective August 11. L. 2014: (2)(j) added, (HB 14-1368), ch. 304, p. 1291, § 3, effective May 31. L. 2015: (2)(i) amended, (SB 15-087), ch. 263, p. 1020, § 15, effective June 2. L. 2018: (3) and (4) added, (SB 18-254), ch. 216, p. 1374, § 4, effective May 18. Editor's note: (1) This section was amended in House Bill 93-1342. Those amendments were superseded by the amendment of the section in Senate Bill 93-154. (2) Amendments to this section by House Bill 98-1137 and Senate Bill 98-165 were harmonized. 26-5-103. Coordination with other programs. The program of child welfare services established pursuant to this article shall be coordinated with other social services and assistance payments programs for children of this state and shall be rendered in complement of, and not in Colorado Revised Statutes 2019 Page 203 of 490 Uncertified Printout duplication of or contrary to, legal processes provided by the "Colorado Children's Code" and services rendered under any public assistance law or other law for the benefit of children, including assistance under the Colorado works program, as described in part 7 of article 2 of this title. Source: L. 73: R&RE, p. 1195, § 3. C.R.S. 1963: § 119-4-3. L. 97: Entire section amended, p. 1243, § 46, effective July 1. Cross references: For the "Colorado Children's Code", see title 19. 26-5-103.5. Child welfare allocations committee - organization - advisory duties funding model - allocations model - definition. (1) The state department shall convene a child welfare allocations committee, referred to in this section as the "committee", as necessary in order to make advisory recommendations as described in this article 5. (2) (a) The committee consists of thirteen members, ten of whom must be appointed by county commissioners and three of whom must be appointed by the state department, and the committee consists of two nonvoting members who must be appointed by the state department. (b) The two nonvoting members appointed by the state department must have knowledge and experience in the following areas, including but not limited to: (I) Federal funding related to child welfare; (II) The federal "Family First Prevention Services Act of 2018", as defined in section 265-101 (4.5); (III) Interests of individuals with a disability; or (IV) Interests of individuals experiencing poverty. (c) Of the members appointed by county commissioners, only one representative per county may serve on the committee at the same time, and: (I) One member must be appointed by the county commissioners of each of the following regions, as those regions are defined in subsection (2)(d) of this section: (A) The eastern region; (B) The front range region; (C) The mountain region; (D) The southern region; and (E) The western region; (II) Three members must be at-large appointments. Of the three at-large appointments, two members must be appointed by the county commissioners of the counties described in section 26-5-104 (4)(b)(I), and one must be appointed by the county commissioners who represent the counties described in section 26-5-104 (4)(b)(II); and (III) Two members must be representatives from the two counties in the state with the greatest percentage of the state's child welfare caseload. County commissioners in the two counties with the greatest percentage of the state's child welfare caseload shall each appoint one member from their counties to serve on the committee. (d) For the purposes of this subsection (2): (I) The eastern region is comprised of Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma counties; Colorado Revised Statutes 2019 Page 204 of 490 Uncertified Printout (II) The front range region is comprised of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, and Weld counties, and the city and county of Broomfield and the city and county of Denver; (III) The mountain region is comprised of Chaffee, Clear Creek, Custer, Eagle, Fremont, Gilpin, Grand, Jackson, Lake, Park, Pitkin, Summit, and Teller counties; (IV) The southern region is comprised of Alamosa, Baca, Bent, Conejos, Costilla, Crowley, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, and Saguache counties; and (V) The western region is comprised of Archuleta, Delta, Dolores, Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Rio Blanco, Routt, San Juan, and San Miguel counties. (e) As used in this subsection (2), "county commissioners" means: (I) The board of county commissioners in each county; (II) In the city and county of Denver, the department or agency with the responsibility for public assistance and welfare activities; and (III) In the city and county of Broomfield, the city council or a board or commission appointed by the city and county of Broomfield. (3) The committee shall develop its own operating procedures. (4) No later than January 15, 1999, the state department, with input from the committee, shall make recommendations to the joint budget committee of the general assembly for a definition of what constitutes administration and support functions as referred to in section 26-5101 (3)(m) and a method for identifying costs for such functions. (5) and (6) (Deleted by amendment, L. 2018.) (7) (a) Beginning with state fiscal year 2018-19, and every three years thereafter, the state department shall contract with an outside entity to develop a funding model that must be used to inform the committee, the general assembly, the governor, and the state department of the appropriate level of funding required to fully meet all state and federal requirements concerning the comprehensive delivery of child welfare services, as defined in section 26-5-101 (3). The funding model must take into consideration workload; demographic data, including poverty statistics; and state and local economic drivers that may influence the delivery of services. The funding model developed pursuant to this subsection (7) must be informed by the recommendations of the delivery of child welfare services task force as set forth in section 26-5105.8 and must be used to inform the decision-making process of the committee. (b) (I) On or before November 1, 2019, and each November 1 thereafter, the state department, in collaboration with the committee, shall submit an annual report to the joint budget committee, or any successor committee. The report must include the results of regular evaluations of the funding model developed pursuant to subsection (7)(a) of this section, the allocation formulas developed pursuant to section 26-5-104 (3), and outcomes and performance measures related to the delivery of child welfare services, pursuant to section 26-5-105.8. (II) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement in subsection (7)(b)(I) of this section continues indefinitely. Source: L. 98: Entire section added, p. 781, § 4, effective May 22. L. 2013: (2) amended, (HB 13-1087), ch. 37, p. 106, § 1, effective March 15. L. 2015: (5) added, (SB 15242), ch. 141, p. 430, § 1, effective May 1. L. 2016: (6) added, (SB 16-201), ch. 171, p. 542, § 2, Colorado Revised Statutes 2019 Page 205 of 490 Uncertified Printout effective May 18. L. 2018: Entire section amended, (SB 18-254), ch. 216, p. 1376, § 5, effective May 18. L. 2019: (2)(a), (2)(b), and (2)(c) amended and (2)(e) added, (SB 19-031), ch. 84, p. 298, § 1, effective April 8. 26-5-104. Funding of child welfare services provider contracts - funding mechanism review - fund - report - rules - definitions - repeal. (1) Reimbursement. (a) Except as provided in subsection (1)(b) of this section, the state department shall, within the limits of available appropriations, reimburse the county departments eighty percent of amounts expended by county departments for child welfare services, up to the amount of the county's allocation as determined pursuant to the provisions of this section, except as otherwise authorized in accordance with the close-out process described in subsection (7) of this section. (b) The state department shall reimburse the county departments ninety percent of the amounts expended by county departments for adoption and relative guardianship assistance. The adoption and relative guardianship assistance is exempt from the close-out process described in subsection (7) of this section and the capped allocation described in subsection (3) of this section. (2) Parental fees. The fiscal year beginning July 1, 1990, shall constitute the base fiscal year for the purpose of computing a base amount of parental fee collections by each county on behalf of children in foster care. Commencing with the fiscal year beginning July 1, 1991, any increased amount of parental fees over and above the base amount shall be retained by the county that collected such parental fees. Any moneys retained by each county pursuant to this subsection (2) may be used for child welfare services directed toward early intervention, placement prevention, and family preservation, or any other program funded pursuant to sections 19-2-211, 19-2-212, and 19-2-310, C.R.S. (3) Allocation formula. (a) For state fiscal year 2018-19, and for each state fiscal year thereafter, the state department, after input from the child welfare allocations committee, shall develop formulas for capped and targeted allocations, including the child welfare services allocation, the allocation for additional county child welfare staff, and the allocation for family and children's programs. Allocation formulas developed pursuant to this subsection (3)(a) must include, effective for state fiscal year 2018-19 and each state fiscal year thereafter, the estimated caseload for the delivery of those specific child welfare services to be funded by the money in the capped or targeted allocations. The formulas must also include a performance-aligned component that supports the implementation of promising, supported, or well-supported practices, as defined in the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5); be outcome-driven; and be aligned with desired state department-defined or federally required outcomes and goals. The allocation to each county from any given formula must be equitable and reflective of the cost of delivering services. If a county receives more than one capped or targeted allocation for the delivery of child welfare services, the formula must identify the specific caseload estimate attributable to each capped or targeted allocation. (a.5) Pursuant to this subsection (3), a county that receives an allocation for county child welfare staff in addition to the child welfare services allocation shall fund existing staff positions as of January 1, 2015, through the child welfare services allocation. Positions created after January 1, 2015, may be funded through the allocation for county child welfare staff. (a.6) On or before March 1 of any state fiscal year, the child welfare allocations committee shall submit written recommendations to the state department to inform the capped Colorado Revised Statutes 2019 Page 206 of 490 Uncertified Printout and targeted allocations. The child welfare allocations committee is encouraged to include documentation on how the recommendations support the achievement of expectations described in subsection (3)(a) of this section. (b) In the event that the state department and the child welfare allocations committee do not reach an agreement on the allocation formula on or before June 1 of any state fiscal year for the succeeding state fiscal year, the state department and the child welfare allocations committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall select an allocation formula before the beginning of such succeeding state fiscal year. (c) The formulas developed pursuant to this subsection (3) must identify the portion of the amounts appropriated for child welfare services that must be allocated to the counties for the provision of child welfare services. (d) A county's election to make a transfer of federal funds pursuant to section 26-2-714 (9) for the provision of child welfare services shall not be the basis of an adjustment to the formula for developing such county's capped or targeted allocation under the provisions of this article. (e) A county's cost savings shall not be the basis of an adjustment to the formula for developing such county's capped or targeted allocation under the provisions of this article. (4) Allocations. (a) For state fiscal year 1997-98, and for each state fiscal year thereafter, all counties shall receive capped allocations for child welfare services. A county may receive one or more capped allocations for the provision of child welfare services. The counties may use capped allocation moneys for child welfare services without category restriction within a specific capped allocation if not prohibited by federal law. (b) (I) The state department shall make capped allocations for counties serving at least eighty percent of the total child welfare services population. (II) For the balance of the state, the state department shall create one capped allocation or a series of capped allocations for the provision of child welfare services in the balance of the state. The state department shall establish a targeted allocation for each county in such group of counties designated for the purpose of such capped allocation or capped allocations. (c) The state department, in consultation with the child welfare allocations committee, shall adopt rules for when a county may exceed its capped or targeted allocation or allocations. (d) Except as provided for in subsections (4)(e) and (4)(f) of this section, the state department may only seek additional funding from the general assembly in a supplemental appropriations bill based upon caseload growth, subject to the provisions of subsection (7) of this section, or changes in federal law or federal funding. (d.5) (I) For fiscal years 2018-19 through 2023-24, in addition to funding received pursuant to subsection (4)(d) of this section, the state department may seek additional funding from the general assembly in a supplemental bill related to the implementation of subsection (6) of this section, and subject to the provisions of subsection (7) of this section or changes in federal law or federal funding. (II) This subsection (4)(d.5) is repealed, effective July 1, 2024. (e) A county's allocation or allocations may be amended due to caseload growth, subject to the provisions of subsection (7) of this section, or changes in federal law or federal funding. (f) In addition to funding received pursuant to subsection (4)(d) of this section, the state department may submit a request to the general assembly for a change in a supplemental Colorado Revised Statutes 2019 Page 207 of 490 Uncertified Printout appropriations bill to the appropriation that funds adoption and relative guardianship assistance expenditures. (5) Management training. The state department shall develop a management training package to be delivered to the counties no later than October 1, 1997, that shall assist the counties in the development of more effective management strategies for the utilization of resources in the delivery of child welfare services. The state department may utilize portions of the child welfare administration appropriations toward this end and is hereby authorized to pursue any private or public grants to fund such efforts. (6) County negotiations with providers. (a) Subject to rules promulgated by the state department pursuant to subsection (6)(b) of this section and the methodology adopted pursuant to subsections (6)(e) to (6)(h) of this section, for each child or youth placed in an out-of-home placement setting, a county is authorized to negotiate rates related to services and outcomes with licensed out-of-home placement providers; except that a county may not negotiate rates below the base anchor rates established by the state department. Counties with an approved alternative methodology shall use a request for proposal process to solicit bids from licensed out-of-home placement providers that allows for adequate private competition and provides opportunities for competitive negotiations. (b) On or before January 1, 2019, and as necessary thereafter, the state department shall work collaboratively with the state board of human services to promulgate rules governing the methodology by which counties may negotiate rates, services, and outcomes with licensed outof-home placement providers. If a county negotiates a contract with a licensed out-of-home placement provider, the county may define the expected outcomes and include options for the payment of incentives to providers when such outcomes are achieved. The state department shall work collaboratively with the state board of human services to promulgate rules concerning such outcomes and incentive payments. (c) (Deleted by amendment, L. 2017.) (d) On or before July 1, 2019, and each July 1 thereafter, the state department shall complete a review of the methodology by which counties evaluate and negotiate rates, services, outcomes, and incentives with licensed out-of-home placement providers developed pursuant to this subsection (6) and any alternative methodology for which counties have approval from the state department to utilize. The methodology used is governed by rules promulgated by the state department pursuant to subsection (6)(b) of this section. In preparing for and conducting the review, the state department shall convene a group of persons representing the directors of county departments of human or social services and the licensed out-of-home placement provider community. On or before September 1 of each fiscal year, the group shall submit a report to the joint budget committee detailing any changes to the rate-setting methodology that results from the review conducted pursuant to this subsection (6)(d). (e) On or before September 29, 2017, as a continuation of the review conducted pursuant to subsection (6)(d) of this section of the methodology by which counties evaluate and negotiate rates, services, and outcomes with licensed out-of-home placement providers, the state department shall contract with an independent vendor to: (I) Perform a salary survey related to the delivery of child welfare services. When possible, the entity must not duplicate existing efforts that collect public employee salary information but must instead incorporate existing information into the overall analysis. The survey must inform the development of the rate-setting methodology pursuant to subsection Colorado Revised Statutes 2019 Page 208 of 490 Uncertified Printout (6)(e)(III) of this section and must account for the functions, responsibilities, qualifications, and other relevant information for each position. The study must also guarantee that available information is gathered from a diverse range of geographical locations throughout Colorado, including urban, suburban, rural, and mountain resort communities. The study must include information pertaining to federal and state regulations or licensing requirements for each position. The study must also include salary surveys that represent employees performing all facets of similar work, utilizing similar knowledge, skills, and abilities for: (A) Licensed out-of-home placement providers who have a contract with the state department or a county; (B) Child placement agency employees; (C) Residential child care facility employees; and (D) County employees involved with the provision of child welfare services. (II) Perform an actuarial analysis of the costs necessary to provide services at a level required by state statute, departmental rule, or federal rules and regulations, as appropriate for the families referred, including salary comparisons between licensed out-of-home placement provider categories and overhead and administrative costs, and determine the extent to which the salary survey identified in subsection (6)(e)(I) of this section should inform the actuarial analysis. The analysis must inform the development of the rate-setting methodology pursuant to subsection (6)(e)(III) of this section and must also guarantee that available information is gathered from a diverse range of geographical locations throughout Colorado, including urban, suburban, rural, and mountain resort communities. (III) Develop the rate-setting methodology for licensed out-of-home placement provider compensation. The independent vendor shall solicit input from representatives from the state department, counties, the licensed out-of-home placement provider community, and the department of health care policy and financing. The methodology must be based on equal representation by counties and licensed out-of home placement providers. (f) On or before April 2, 2018, the state department shall provide the joint budget committee with a report defining the rate-setting methodology developed pursuant to subsection (6)(e)(III) of this section, including the process through which the daily rate was determined. (g) Subject to available appropriations, the methodology must be implemented on or before July 1, 2018, except for those rates that must be approved by CMS. Rates that must be approved by CMS must be implemented upon approval. In the event that the representatives identified in subsection (6)(e) of this section do not agree on the rate-setting methodology on or before February 1, 2018, the state department, the county representatives, and the licensed outof-home placement providers shall submit alternatives to the joint budget committee. The joint budget committee shall then select a methodology prior to the start of the succeeding state fiscal year. It is the intent of the general assembly that the rate methodology developed pursuant to this subsection (6) be fully implemented on or before June 30, 2022, through incremental rate increases established by the state department. For fiscal year 2019-20 through fiscal year 202122, the state department is encouraged to submit, as a part of the annual budget process, a request for increased appropriations to fund the increased rates required by the methodology. (h) The rate-setting methodology developed pursuant to subsection (6)(e)(III) of this section must clearly utilize the daily rate and include: Colorado Revised Statutes 2019 Page 209 of 490 Uncertified Printout (I) A process through which provider rate adjustments, including any cost of living adjustments, that are approved by the general assembly must be factored into establishing the daily rate; and (II) A process through which outcomes related to the stability and well-being of the child are factored into establishing the daily rate contract with a licensed out-of-home placement provider. (6.1) (a) On or before September 1, 2018, and on or before September 1 of each fiscal year thereafter, the state department, with input from counties, shall submit to the joint budget committee a report including information on workload increases or decreases for the preceding calendar year and the costs associated with such changes. The state department is encouraged to include in the report data on the cost of serving children placed in the care of licensed out-ofhome placement providers based on case acuity. (b) Notwithstanding section 24-1-136, the reporting requirement in subsection (6.1)(a) of this section continues indefinitely. (6.2) For the purposes of this section, unless the context otherwise requires: (a) "Acuity" means the level of service needed by the child or family. (b) "CMS" means the federal centers for medicare and medicaid services in the United States department of health and human services. (c) "Licensed out-of-home placement provider" means a licensed residential child care facility, a child placement agency, or a secure residential treatment center, as defined in section 26-6-102. (d) "Workload" means the number of child welfare child abuse and neglect hotline calls, referrals, assessments, open cases, out-of-home placements, in-home services, new adoptions, relative guardian assistance, and adoption subsidies being handled by a county department of human or social services. (6.5) The state department shall analyze and evaluate expenditures as reported by child placement agencies each year and compare such expenditures to county expenditures for the provision of foster care services. The state department shall provide, at least on an annual basis, such analyses and comparisons to county departments and the joint budget committee. (6.6) (a) Each county or region of counties, as determined by the state department, shall, with assistance from the state department, perform an analysis of available in-home, family-like, and out-of-home placement settings. On or before July 1, 2019, each designated county or region of counties shall submit a report to the state department, including an evaluation of the types and availability of each placement option in the county or region of counties, available placement options in adjacent counties or region of counties, and a plan to expand in-home, family-like, and out-of-home placement settings capacity within the county or region of counties, if necessary. (b) On or before July 1, 2020, the state department shall submit a report to the joint budget committee. The report must include: (I) The county utilization rate for in-home, family-like, and out-of-home placement settings; (II) An analysis of projected federal reimbursement for each type of placement pursuant to the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5); Colorado Revised Statutes 2019 Page 210 of 490 Uncertified Printout (III) A description of anticipated changes in federal reimbursement for each type of placement; (IV) An analysis of statewide services and placement capacity, informed by the county reports required pursuant to subsection (6.6)(a) of this section; (V) Projections for the statewide fiscal impact resulting from changes in federal reimbursement; and (VI) A plan to minimize the fiscal impact to the state resulting from changes in federal reimbursement for services and placement types. (7) Close-out process for county allocations. (a) (I) There is created in the state treasury the child welfare prevention and intervention services cash fund, referred to in this subsection (7) as the "fund". The following two special accounts are created in the fund: (A) The small- and medium-sized counties account, referred to in this subsection (7) as the "small- and medium-sized account"; and (B) The all-counties account, referred to in this subsection (7) as the "all-counties account". (II) The state department is authorized to accept gifts, grants, and donations, which must be transferred to the fund and credited to the all-counties account within the fund. (III) In addition to transfers credited to the all-counties account within the fund pursuant to subsection (7)(a.6) of this section, the general assembly may directly appropriate general fund money to the fund. If the general assembly makes a direct appropriation of general fund money to the fund, the money must be credited to the all-counties account within the fund. The state department, in consultation with the counties, shall determine the allocation of any money credited to the all-counties account within the fund, which money may be allocated to all counties, regardless of size. (IV) The state department, in consultation with counties, shall allocate all money from the fund to increase local child welfare prevention and intervention services capacity, which allocations must be used by a county for the delivery of child welfare prevention and intervention services that have been approved by the state department. (V) The state department shall work collaboratively with the state board of human services to promulgate rules concerning the allocation and use of money from the fund. (a.3) (I) For state fiscal year 2018-19, and for each state fiscal year thereafter, the state department shall retain any unspent general fund money included in the initial allocation to each balance of state county, up to five percent of the total general fund money allocated to balance of state counties, as described in subsection (4)(b) of this section and referred to in this subsection (7) as "small- and medium-sized counties". (II) Retained money pursuant to subsection (7)(a.3)(I) of this section must be transferred into the fund and credited to the small- and medium-sized account within the fund. (III) Money from the small- and medium-sized account within the fund must be allocated by the state department, in consultation with small- and medium-sized counties, to small- and medium-sized counties to increase local child welfare prevention and intervention services capacity and must be used by counties for the delivery of child welfare prevention and intervention services that have been approved by the state department. (a.5) Subject to the limitations set forth in this subsection (7), the state department may, at the end of a state fiscal year based upon the recommendations of the child welfare allocations committee, allocate any unexpended capped money for the delivery of specific child welfare Colorado Revised Statutes 2019 Page 211 of 490 Uncertified Printout services to any one or more counties whose spending has exceeded a capped allocation for such specific child welfare services. (a.6) Subsequent to the allocation of any unexpended capped money pursuant to subsection (7)(a.5) of this section, any remaining state general fund money must be transferred to the fund and credited to the all-counties account within the fund for allocation by the state department to counties for the delivery of state-department-approved child welfare prevention and intervention services. (b) A county may only receive money pursuant to the provisions of subsection (7)(a.5) of this section if the requirements of section 26-5-103.5 (4) have been satisfied, for expenditures other than those attributable to administrative and support functions as referred to in section 265-101 (3)(m), as defined in accordance with the provisions of section 26-5-103.5 (4), and for authorized expenditures attributable to caseload increases beyond the caseload estimate established pursuant to subsection (3) of this section for a specific capped allocation. (c) A county may not receive money pursuant to the provisions of subsection (7)(a.5) of this section for authorized expenditures attributable to caseload increases for services in one capped allocation from unexpended capped money in another capped allocation. (d) As used in this section, "unexpended capped money" means money that has been appropriated for child welfare services, allocated to a county or group of counties as a capped allocation or allocations pursuant to the provisions of subsection (4) of this section. (8) County-level child welfare staff. (a) For the state fiscal year 2015-16, and for each state fiscal year thereafter, each county may receive a capped allocation in addition to its portion of the child welfare block grant for the specific purpose of hiring new child welfare staff at the county level in addition to child welfare staff existing as of January 1, 2015. A county that utilizes said additional allocation shall continue to pay for child welfare staff positions existing as of January 1, 2015, through the child welfare block grant. The child welfare allocations committee shall determine the allocation formula pursuant to section 26-5-103.5 (5). (b) Each county that receives an allocation for child welfare staff pursuant to paragraph (a) of this subsection (8) shall provide a ten percent match to state and federal moneys provided pursuant to this subsection (8); except that a county that qualifies as tier 1 or tier 2 for purposes of the county tax base relief fund, as defined in section 26-1-126 (3) and (4), is funded at one hundred percent of state and federal funds provided pursuant to this subsection (8). (c) Any moneys allocated pursuant to this subsection (8) that are not expended by the end of a fiscal year for the purpose specified in paragraph (a) of this subsection (8) must revert back to the general fund. (9) Repealed. Source: L. 73: R&RE, p. 1195, § 3. C.R.S. 1963: § 119-4-4. L. 91: Entire section amended, p. 216, § 4, effective July 1. L. 96: (2) amended, p. 1697, § 41, effective January 1, 1997. L. 97: Entire section amended, p. 1427, § 2, effective June 3. L. 98: (1), (3), and (4) amended and (7) added, p. 782, § 5, effective May 22. L. 2001: (3)(e) and (6.5) added, pp. 740, 742, §§ 2, 9, effective June 1. L. 2006: (4)(d) amended, p. 1204, § 3, effective May 26. L. 2007: (6) amended, p. 617, § 1, effective August 3. L. 2011: (3)(a)(II) amended and (3)(a)(III.5) added, (HB 11-1196), ch. 160, p. 553, § 4, effective August 10. L. 2015: (8) added, (SB 15-242), ch. 141, p. 430, § 2, effective May 1. L. 2016: (6)(d) and (6.5) amended and (6)(e) and (9) added, (SB 16-201), ch. 171, p. 542, § 3, effective May 18. L. 2017: (6) amended and (6.1) and (6.2) Colorado Revised Statutes 2019 Page 212 of 490 Uncertified Printout added, (HB 17-1292), ch. 370, p. 1923, § 1, effective June 6; (3)(a) amended, (HB 17-1052), ch. 39, p. 117, § 1, effective August 9. L. 2018: (1), (3)(a), (3)(b), (3)(c), (4)(d), (6)(a), (6)(b), (6)(d), (6)(g), and (7) amended, (3)(a.5), (3)(a.6), (4)(d.5), (4)(f), and (6.6) added, and (9) repealed, (SB 18-254), ch. 216, p. 1378, § 6, effective May 18; (4)(d) amended, (HB 18-1328), ch. 184, p. 1244, § 4, effective (see editor's note). L. 2019: (7) amended, (SB 19-258), ch. 257, p. 2464, § 3, effective May 23; (6.2)(d) amended, (HB 19-1308), ch. 256, p. 2461, § 10, effective August 2. Editor's note: (1) Section 10 of chapter 184 (HB 18-1328), Session Laws of Colorado 2018, provides that section 4 of the act changing subsection (4)(d) takes effect upon notice to the revisor of statutes pursuant to section 25.5-5-306 (6) as enacted in section 2 of the act. However, those changes were also made in SB 18-254, effective May 18, 2018. For more information, see HB 18-1328. (L. 2018, p. 1247.) (2) Amendments to subsection (4)(d) by SB 18-254 and HB 18-1328 were harmonized. Cross references: For the legislative declaration in HB 18-1328, see section 1 of chapter 184, Session Laws of Colorado 2018. 26-5-105. Reimbursement procedure. Claims for state reimbursement under this article shall be presented by the county departments to the state department at such times and in such manner as the state department may prescribe. The state department shall certify to the controller the amount approved, specifying the amount of each county's capped or targeted allocation. The amount so certified shall be paid from the state treasury, upon the voucher of the state department and warrant of the controller, to the respective county treasurers of the counties seeking the reimbursement, from money appropriated to the state department for the purpose of administering the provisions of this article. Source: L. 73: R&RE, p. 1195, § 3. C.R.S. 1963: § 119-4-5. L. 97: Entire section amended, p. 1429, § 3, effective June 3. 26-5-105.3. Federal waivers. The state department shall pursue as soon as possible any waivers that may be necessary to implement this article, including but not limited to waivers for Title IV-E foster care services and medicaid. Source: L. 97: Entire section added, p. 1429, § 4, effective June 3. 26-5-105.4. Title IV-E waiver demonstration project - county performance agreements - Title IV-E waiver demonstration project cash fund created - rules - repeal. (1) There is hereby created in the state department the Title IV-E waiver demonstration project, referred to in this section as the "project". In administering the project, the state department shall develop a process by which counties or groups of counties will participate in the project. Individual counties or groups of counties may participate in the project for the delivery of child welfare services. (2) (a) Pursuant to the terms and conditions of the project established to integrate systemic child welfare reforms and innovative practices and any subsequent written Colorado Revised Statutes 2019 Page 213 of 490 Uncertified Printout documentation that modifies the federal requirements governing the implementation of the project, the state department is hereby authorized to enter into performance agreements with individual counties or groups of counties. An individual county or group of counties that enters into a performance agreement with the state department is exempt from the rules of the state department and state board governing the delivery of child welfare services, as such exemptions to rules are identified in the performance agreement. An exemption in a performance agreement must not negatively impact child safety, permanency, well-being, or compliance with federal requirements. (b) Any moneys provided to an individual county or a group of counties through a performance agreement may be awarded to the individual county or group of counties separate from and in addition to the capped or targeted allocation received pursuant to paragraph (a) of subsection (4) of this section. (3) An individual county or group of counties that has entered into a performance agreement with the state department pursuant to subsection (2) of this section is required to participate in an evaluation of the project. (4) (a) An individual county or group of counties that has entered into a performance agreement with the state department and that underspends in any state fiscal year the Title IV-E portion of its capped or targeted allocation or the moneys awarded to the individual county or group of counties through the project shall use fifty percent of the underspent moneys for additional child welfare services as defined in section 26-5-101 (3) and in a manner and time frame as described in their performance agreement. The balance of such underspent county Title IV-E moneys shall be transmitted to the state treasurer who shall credit the same to the Title IVE waiver demonstration project cash fund, created in paragraph (b) of this subsection (4). (b) There is hereby created the Title IV-E waiver demonstration project cash fund, referred to in this subsection as the "fund". Moneys credited to the fund are subject to annual appropriation by the general assembly to the state department for allocation to counties to help defray the costs of performing functions as defined in the performance agreement related to the implementation of the Title IV-E waiver demonstration project. Any moneys in the fund not expended for the purposes specified in this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund must be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year must remain in the fund and must not be credited or transferred or revert to the general fund or any other fund. (c) The general fund portion of the capped or targeted allocation of any individual county or group of counties that has entered into a performance agreement with the state department and underspends must continue to be distributed in accordance with sections 26-5104 (7), 26-5-105.5, and 24-1.9-102 (2)(h), C.R.S. General fund savings distributed in accordance with either section 26-5-105.5 or 24-1.9-102 (2)(h), C.R.S., must be reinvested in child welfare services as stipulated in the performance agreement. (5) Subsection (4) of this section supersedes the requirements found in section 26-1-111 (2)(d)(II)(A) concerning federal revenues earned by the state pursuant to Title IV-E of the federal "Social Security Act", as amended, that exceed the amount necessary to fully fund program, training, and administrative costs. Colorado Revised Statutes 2019 Page 214 of 490 Uncertified Printout (6) The state department is authorized to contract for an external evaluation of the project, including the project activities completed by individual counties or groups of counties that have entered into performance agreements with the state department pursuant to this section. (7) The state board shall promulgate rules as necessary for the implementation of this section. (8) (a) On or before December 31, 2013, and each December 31 thereafter, the state department shall prepare a report concerning the status of the Title IV-E waiver demonstration project, as described in this section. Notwithstanding section 24-1-136 (11)(a)(I), the state department shall deliver the report to the joint budget committee, the health and human services committee of the senate, the health, insurance, and environment committee of the house of representatives, and the public health care and human services committee of the house of representatives, or any successor committees, no later than December 31 of each year. (b) To the extent that the state department is able to provide the data, the report must include, but need not be limited to: (I) The number of counties participating in the project; (II) The interventions implemented by each county participating in the project; (III) The outcomes achieved by the project as reported to the federal administration for children and families; (IV) The moneys expended for the project; and (V) Any need for additional legislation to further the accomplishment of goals of the project related to child safety, permanency, and well-being. (8.5) On or before January 2, 2020, on behalf of counties participating in the Title IV-E waiver demonstration project, the state department shall submit to the joint budget committee a detailed plan for the sustainability of interventions defined in the performance agreements developed pursuant to subsection (2)(a) of this section. The plan must include information concerning each county that has an established performance agreement, the funding each county has received during the period of the performance agreement, the type of interventions defined in each county performance agreement, the number of children and families served in each county by intervention type, the amount of waiver funding allocated to each intervention by each county, and the method through which the county and state department will address the decrease in funding that will result upon the repeal of this section. (9) This section is repealed, effective June 30, 2020. Source: L. 2013: Entire section added, (SB 13-231), ch. 221, p. 1025, § 2, effective May 14. L. 2017: (8)(a) amended, (SB 17-234), ch. 154, p. 522, § 11, effective August 9. L. 2019: (8.5) added and (9) amended, (SB 19-258), ch. 257, p. 2464, § 2, effective May 23. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 221, Session Laws of Colorado 2013. 26-5-105.5. State department integrated care management program - county performance agreements - authorized - performance incentive cash fund created - repeal. (1) (a) There is hereby created the state department integrated care management program. In administering the state department integrated care management program, the state department shall develop, by rule, principles of integrated care management and a process to allow counties Colorado Revised Statutes 2019 Page 215 of 490 Uncertified Printout or groups of counties specified in section 26-5-104 (4)(b)(I) to participate in the program. Individual counties or groups of counties specified in section 26-5-104 (4)(b)(I) may participate in the integrated care management program for the delivery of child welfare services. (b) and (c) (Deleted by amendment, L. 2002, p. 526, § 1, effective May 24, 2002.) (2) The state department is hereby authorized to enter into performance agreements with individual counties or groups of counties specified in section 26-5-104 (4)(b)(I). A county that enters into a performance agreement with the state department shall be exempt from the rules of the state department and state board governing the delivery of child welfare services, as such exemptions are identified in the performance agreement. (3) and (3.2) Repealed. (3.5) Evaluation. (a) The state department is authorized to contract for an external evaluation of the performance agreements authorized pursuant to subsection (1) of this section. Any such external evaluation shall include any evaluation that may be required in connection with any waiver authorized pursuant to section 26-5-105.3. Criteria for and components of the evaluation shall be developed by the state department with input from the counties authorized pursuant to this section. (b) (Deleted by amendment, L. 2001, p. 1172, § 9, effective August 8, 2001.) (c) This subsection (3.5) is repealed on the date the executive director of the state department notifies the revisor of statutes that the state is no longer participating in the waiver authorized pursuant to Title IV-E of the federal "Social Security Act", as amended. (3.7) The state board shall promulgate rules necessary to implement the integrated care management program established pursuant to this section. (4) (Deleted by amendment, L. 2002, p. 526, § 1, effective May 24, 2002.) Source: L. 97: Entire section added, p. 1430, § 4, effective June 3. L. 98: Entire section amended, p. 708, § 2, effective May 18. L. 2001: (3.5) amended, p. 1172, § 9, effective August 8. L. 2002: Entire section amended, p. 526, § 1, effective May 24. L. 2003: (3.2) amended, p. 387, § 3, effective March 5. L. 2004: (3.2)(c) added, p. 1554, § 2, effective May 28. L. 2018: (3) repealed, (SB 18-254), ch. 216, p. 1384, § 7, effective May 18. Editor's note: (1) Subsection (3.2)(c) provided for the repeal of subsection (3.2), effective July 1, 2006. (See L. 2004, p. 1554.) (2) As of publication date, the revisor of statutes has not received the notice referred to in subsection (3.5)(c). 26-5-105.7. Study of managed care - repeal. (Repealed) Source: L. 97: Entire section added, p. 1430, § 4, effective June 3. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 1998. (See L. 97, p. 1430.) 26-5-105.8. Delivery of child welfare services task force - duties - membership reporting requirements - repeal. (1) There is created in the state department the delivery of child welfare services task force, referred to in this section as the "task force". The state Colorado Revised Statutes 2019 Page 216 of 490 Uncertified Printout department, in collaboration with counties, shall convene the task force at least once per quarter, beginning July 1, 2018. The purpose of the task force is to: (a) Analyze laws and rules related to the delivery of child welfare services to ensure alignment with the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5); (b) Develop a method through which to incentivize counties for the provision of services and placements that are based on the needs of the child or youth, as determined by the assessment and review process required by the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5), and determine the level to which the state department shall reimburse the counties for certain out-of-home placements that do not meet the criteria of the federal "Family First Prevention Services Act of 2018"; (c) Establish performance and outcome measures and the process by which to evaluate the measures associated with the delivery of child welfare services, including but not limited to residential out-of-home placements; foster care; adoption; and services to children and youth in their own homes, including prevention and intervention services, and determine how the measures and evaluation will be used to inform the funding model described in section 26-5103.5 (7)(a) and the allocation of funds pursuant to section 26-5-104 (3); (d) Investigate collaborative prevention and intervention models throughout the country and determine modifications that can be made to the collaborative management and integrated care management programs in order to guarantee ongoing cross-systems collaboration, improved outcomes for children and families, integration of multi-system services, and expansion of system-of-care principles, while maintaining the integrity and capacity of the child welfare system and its associated funding; (e) Evaluate and select one or more statewide level-of-care tools to ensure compliance with the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5); (f) Evaluate the process through which the state accesses federal funding and determine methods through which the state will maximize federal funding for the delivery of prevention and intervention services, out-of-home placement services, and any other federally funded programs or services; (g) Evaluate medicaid rates and the eligibility determination process and timeline specifically related to individuals involved in the child welfare system and develop a process through which counties can maximize medicaid utilization; and (h) Make recommendations to the general assembly, the governor, the state department, and the child welfare allocations committee concerning the task force's responsibilities and findings. (2) The task force members must be appointed by August 1, 2018, and must include, but are not limited to, the following members: (a) The executive director of the state department, or his or her designee; (b) The executive director of the department of health care policy and financing, or his or her designee; (c) The state court administrator, or his or her designee; (d) One person from a behavioral health services provider, appointed by the state department; Colorado Revised Statutes 2019 Page 217 of 490 Uncertified Printout (e) Three persons who represent the provider community, appointed by the state department as follows: (I) One person who represents prevention and intervention providers; (II) One person who represents out-of-home placement providers; and (III) One person who represents providers with expertise in promising, supported, or well-supported practices or programming; and (f) Three persons who represent the counties, appointed by the state department. (3) Except as provided for in section 2-2-326, members of the task force shall serve on a voluntary basis without compensation but are entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. (4) The task force shall develop a plan to implement its recommendations and provide a quarterly update, beginning October 15, 2018, on the task force's progress to the joint budget committee, the public health care and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees. (5) This section is repealed, effective June 30, 2022. Source: L. 2018: Entire section added, (SB 18-254), ch. 216, p. 1384, § 8, effective May 18. 26-5-106. Fraudulent acts. (Repealed) Source: L. 73: R&RE, p. 1196, § 3. C.R.S. 1963: § 119-4-6. L. 77: Entire section repealed, p. 1335, § 7, effective January 1, 1978. Cross references: For present provision relating to fraudulent acts in obtaining child welfare, see § 26-1-127. 26-5-107. Limitations of article. All child welfare services granted under this article shall be granted and held subject to the provisions of any amending or repealing law that may be passed after July 1, 1973, and no recipient shall have any claim for compensation or otherwise by reason of his services being affected in any way by any amending or repealing law. Source: L. 73: R&RE, p. 1196, § 3. C.R.S. 1963: § 119-4-7. 26-5-108. Developmental assessment - rules. The appropriate county department of human or social services shall refer each child under five years of age who is the subject of a substantiated case of abuse or neglect to the appropriate state or local agency for developmental screening within sixty days after abuse or neglect has been substantiated. The state board shall promulgate rules to implement this section. Source: L. 2008: Entire section added, p. 1234, § 4, effective January 1, 2009. L. 2018: Entire section amended, (SB 18-092), ch. 38, p. 448, § 122, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 218 of 490 Uncertified Printout 26-5-109. Child welfare training academy established - rules. (1) There is hereby established within the state department the child welfare training academy, referred to in this section as the "academy", to ensure that certain persons hired to work within child welfare services receive the necessary training to perform the functions of their jobs responsibly and effectively. The state department shall administer the academy in accordance with rules promulgated by the state department pursuant to subsection (2) of this section. (2) On or before September 15, 2009, the state department shall promulgate rules for the administration of the academy. The rules shall include: (a) Identification of specific job titles within child welfare services that shall be required to attain certification from the academy as a mandatory condition of employment; (b) Identification of specific job titles within child welfare services that shall be required to complete ongoing or occasional training from the academy as a mandatory condition of employment; (c) Establishment of minimum standards of competence that a person shall be required to demonstrate prior to receiving certification from the academy, which standards of competence shall include, but need not be limited to, a demonstrated ability to perform the duties described in section 19-3-313.5 (2), C.R.S.; (d) Identification of means by which a person may demonstrate the minimum standards established pursuant to paragraph (c) of this subsection (2); and (e) Establishment of alternative methods for attaining certification from the academy for persons who have already successfully completed comparable child welfare training, including a description of child welfare training that shall be deemed to be comparable to the training offered by the academy. Source: L. 2009: Entire section added, (SB 09-164), ch. 276, p. 1239, § 2, effective May 19. 26-5-110. Guardianship assistance program - legislative declaration - eligibility rules. (1) The general assembly declares that: (a) The state of Colorado has a strong interest in providing permanency options to children who are part of the foster care system; (b) Children and youth in the child welfare system are better served when family ties are preserved and strengthened because permanent family connections are critical to a child's overall well-being and development; (c) The general assembly has established through past legislation a statutory preference for placement with relatives and kin at all stages of a child welfare case; (d) To help support permanency with family and kin relationships when adoption and reunification are either unavailable or not appropriate permanency options for the child, the general assembly created the "Relative Guardianship Assistance Program" in 2010, as authorized by the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008", Pub. L. 110-351; (e) The state of Colorado has a strong interest in providing permanency options to children who are part of the traditional foster care system and who are not otherwise able to be placed with relatives or kin; Colorado Revised Statutes 2019 Page 219 of 490 Uncertified Printout (f) It is appropriate to further the goal of permanency by passing legislation to provide financial assistance for the care of children, when it is in accordance with federal law, to relatives, kin, and foster parents who have a significant relationship with the child, as outlined in statute, and who have assumed legal guardianship or allocation of parental responsibilities of children who they previously cared for as certified foster parents through the federal "Title IV-E Adoption and Guardianship Assistance Program", 42 U.S.C. sec. 673 (d); and (g) It is therefore the intent of the general assembly that the state guardianship assistance program will be utilized to enhance family preservation and provide a permanency option for children who have developed a significant relationship with their foster parent caregiver when reunification and adoption are either unavailable or not appropriate permanency options for the child, and provide stability in safe and stable placements with relatives, kin, and foster parent caregivers in circumstances set forth in this legislation. (2) There is established a guardianship assistance program in the state department, referred to in this section as the "program". Assistance from the program is available when a court has determined that adoption and reunification with the child's or children's parent or legal guardian are not appropriate permanency options for the child or children. Program assistance is available in the following situations: (a) To relatives, kin, and persons ascribed by the family as having a family-like relationship with the child or children and who: (I) Are committed to the child's or children's permanency; (II) Were the certified foster parent or parents of the child or children for a minimum of six consecutive months at the time they assumed guardianship or allocation of parental responsibilities; and (III) Have assumed legal guardianship of or allocation of parental responsibilities for the child or children; or (b) To a certified foster parent or parents who do not otherwise qualify for the program pursuant to subsection (2)(a) of this section if: (I) The child or children in the certified foster parent's or parents' care are twelve years of age or older, or if at least one of the children in the sibling group is eleven years of age or younger and has an older sibling who receives assistance from the program; (II) The dependency and neglect court finds that the child or children have a substantial psychological tie to the certified foster parent or parents, such that it would be seriously detrimental to the child's or children's emotional well-being to remove the child or children from the certified foster parent's or parents' care, as described in section 19-3-702 (4)(e)(III); (III) Adoption and reunification are not appropriate permanency options for the child or children, and the dependency and neglect court finds, pursuant to section 19-3-702 (4)(e)(III) that the child's or children's certified foster parent or parents are unable to adopt the child because of exceptional circumstances, which do not include an unwillingness to accept legal responsibility for the child, but they are willing and capable of providing the child with a stable and permanent environment; (IV) The certified foster parent or parents of the child or children have cared for the child or children for a minimum of twelve months; and (V) The certified foster parent or parents have assumed legal guardianship of or allocation of parental responsibilities for the child or children with the child's or children's consent who are twelve years of age or older. Colorado Revised Statutes 2019 Page 220 of 490 Uncertified Printout (3) The state department shall promulgate rules that comply with the provisions of 42 U.S.C. sec. 673 (d) for the implementation of this section for situations where a child or children have been removed from the home through a judicial determination that continuation in the home would not be in the best interest of the child or children, and that reunification and adoption are not appropriate permanency options for the child or children. Source: L. 2009: Entire section added, (SB 09-245), ch. 436, p. 2424, § 2, effective June 4. L. 2012: Entire section amended, (SB 12-066), ch. 86, p. 284, § 1, effective August 8. L. 2016: Entire section R&RE, (HB 16-1448), ch. 359, p. 1496, § 1, effective October 1. L. 2019: IP(2)(b), (2)(b)(II), and (2)(b)(III) amended, (HB 19-1219), ch. 237, p. 2356, § 7, effective August 2. 26-5-111. Statewide child abuse reporting hotline system - legislative declaration definitions - child abuse hotline steering committee - rules on consistent processes in response to reports and inquiries for information. (1) (a) The general assembly hereby finds, determines, and declares that the purpose of enacting this section is to: (I) Create, based on recommendations of a steering committee with broad representation, a statewide child abuse reporting hotline system to serve as a direct, immediate, and efficient route to the applicable entity responsible for accepting the report and to the applicable entity responsible for responding to an inquiry and that is available twenty-four hours a day, seven days a week; and (II) Authorize rule-making by the state board to ensure that there are standards for the consistent screening, assessment, and decision-making in response to reports of known or suspected child abuse and neglect and to inquiries made to a county department or to the hotline system. (b) The general assembly declares that the hotline system to be developed as outlined in this section enhances the current child welfare system. The hotline system is intended to provide an additional option for the public to make an initial report of suspected or known child abuse or neglect or making an inquiry. The county department will retain screening responsibilities, unless the board of county commissioners of the county department has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the executive director. (2) As used in this section, unless the context otherwise requires: (a) "Child abuse reporting hotline system" or "the hotline system" means the uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report pursuant to section 19-3-307, C.R.S., or to the applicable entity responsible for responding to an inquiry and that is advertised to the public as a place for reporting known or suspected child abuse or neglect or for making inquiries. (b) "Information and referral" means an initial contact from the public which does not constitute a report of abuse or neglect but is an inquiry and the response to the inquiry, as defined in rule. (c) "Inquiry" means a request for information or for specific services. (d) "Mandatory reporter" means a person who is required to report child abuse or neglect pursuant to section 19-3-304, C.R.S. (e) "Report" means an initial report of known or suspected child abuse or neglect. Colorado Revised Statutes 2019 Page 221 of 490 Uncertified Printout (3) (a) The state department shall develop a child abuse hotline steering committee, including state, county, and comprehensive and appropriate stakeholder representation. The state department shall appoint a person to the steering committee who is a primary provider of emergency fire fighting services, law enforcement, ambulance, emergency medical, or other emergency services and who is familiar with the emergency telephone system that uses the single three-digit number 9-1-1 for reporting police, fire, medical, or other emergency situations. The steering committee is expected to develop an implementation plan for a statewide child abuse reporting hotline system, which is advertised to the public and to mandatory reporters, and to make recommendations for rules relating to the operation of the hotline system and relating to consistent practices for responding to reports and inquiries. The purpose of the hotline system is to provide a direct, immediate, and efficient route to the entity responsible for accepting a report pursuant to section 19-3-307, C.R.S. The public may also contact the hotline system for inquiries. The hotline system must operate twenty-four hours a day, seven days a week. The hotline may consist of multiple methods of communication, as prescribed by rules of the state board. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director, who shall provide the report to the state board. The hotline system shall be operational and publicized statewide no later than January 1, 2015. (b) With the express written consent of the board of county commissioners of a county, a county department may request that the state department assist that county with the taking of calls or initial contacts from the public of reports of possible child abuse or neglect or of inquiries. The executive director of the state department must approve this arrangement in writing. (c) Based upon the recommendations of the child abuse hotline steering committee, the state department shall establish a statewide child abuse reporting hotline system. (4) The state board is authorized to adopt rules, based upon the recommendations of the child abuse hotline steering committee, and may revise rules, as necessary, including but not limited to the following: (a) The type of technology that may be used by the hotline system for directly routing initial contacts from the hotline system to the applicable entity responsible for accepting reports pursuant to section 19-3-307, C.R.S., or to the applicable entity to respond to an inquiry, including but not limited to a single statewide toll-free telephone number, and including technologies for language translation and for communicating with people who are deaf or have hearing impairments, such as telecommunications devices for the deaf (TDD) or text telephone services (TTY), with flexibility to adapt the methods to changing and emerging technologies as appropriate; (b) The operation of the hotline system, including the central record keeping and tracking of reports and inquiries statewide, and a requirement that the record keeping and tracking of reports and inquiries be accessible to all counties through the state's case management system; (c) Rules governing the standards and steps for information and referral and how an inquiry is routed to the applicable entity responsible for responding to an inquiry; (d) How an initial report to the hotline system is directly routed to the applicable entity responsible for accepting a report pursuant to section 19-3-307, C.R.S.; (e) A formal process for a county department to opt to have the state department receive reports or inquiries on behalf of the county department after hours subject to a requirement that Colorado Revised Statutes 2019 Page 222 of 490 Uncertified Printout the board of county commissioners must officially approve the use of the hotline system on behalf of the county and such arrangement must be approved by the executive director; (f) A process for a county department to opt to have another county department receive reports or inquiries on behalf of the county department after hours or on a short-term basis with notification of such arrangement to the executive director; (g) Standardized training and certification standards for all staff prior to taking reports and inquiries; (h) A consistent screening process with criteria and steps for the county department to follow in responding to a report or inquiry; and (i) Rules establishing a consistent decision-making process with criteria and steps for the county department to follow when deciding how to act on a report or inquiry or when to take no action on a report or inquiry. (5) The state department shall submit periodic reports to the appropriate legislative committee pursuant to the requirements of part 2 of article 7 of title 2, C.R.S., pertaining to the implementation or operation of the hotline system, the progress of implementing the hotline system, the outcomes from the operation of the hotline system, and the outcomes from the adoption of rules and practices for consistent screening, assessment, and decision-making for reports of known or suspected child abuse and neglect and for inquiries. Source: L. 2013: Entire section added, (HB 13-1271), ch. 219, p. 1018, § 1, effective May 14. 26-5-112. Child welfare caseload study - repeal. (Repealed) Source: L. 2015: Entire section added, (SB 15-242), ch. 141, p. 431, § 3, effective May 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2017. (See L. 2015, p. 431.) 26-5-113. Extended services for former foster care youth. (1) A county department may coordinate certain services to former foster care youth who request such services in order to support such former foster care youth in becoming self-sufficient adults. This section is not meant to replace services for foster care youth who remain in the custody of a county department. The determination of whether a youth who is in foster care is ready to leave the custody of the county department remains under the jurisdiction of the court. (2) A county department may opt to serve former foster care youth who have been in the custody of the division of youth services if such youth are included in the plan for services for a successful adulthood. (3) The department of local affairs may assist a county department in securing available housing vouchers through programs offered by the department of local affairs, such as the homeless solutions program, the housing choice voucher program, or any other appropriate supportive housing program for former foster care youth, specifically between the ages of eighteen and twenty-one, who are experiencing homelessness or imminent risk of homelessness. Colorado Revised Statutes 2019 Page 223 of 490 Uncertified Printout If appropriations are available, the department of local affairs may assist former foster care youth with security deposits related to housing. (4) The managed care entity contracted with for the department of health care policy and financing's statewide managed care system shall assist a county department that opts to serve former foster care youth who are enrolled in medicaid. (5) State institutions of higher education and community colleges shall work with the county departments to explore ways to support former foster care youth both financially and through other supportive services. This support includes reviewing the ability to provide tuition assistance and other fee waivers to former foster care youth. (6) A county department may support former foster care youth pursuant to this section by developing a plan for services for a successful adulthood and transferring an amount of money out of the county's core services funding and into a fund for services for a successful adulthood. Source: L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1390, § 3, effective May 18. 26-5-114. Former foster care youth steering committee - implementation plan recommendations - report. (1) The state department shall establish a former foster care youth steering committee that includes comprehensive and appropriate stakeholder representation from the state and county level. The state department shall convene the committee on or before October 30, 2018. The steering committee shall: (a) Develop an implementation plan that allows former foster care youth to receive services for a successful adulthood or assistance in returning to placement, as well as alternatives to returning to placement after reaching eighteen years of age but before reaching twenty-one years of age, or a later age if so recommended by the steering committee, and after the county department's jurisdiction ends; (b) Make recommendations relating to the operation, evaluation, and sustainability of the implementation plan. In making its recommendations, the steering committee shall use a consensus-based approach. (c) Coordinate with other committees formed by the general assembly that have similar or overlapping jurisdictional tasks or purposes. (2) On or before January 1, 2020, the steering committee shall submit a report with its recommendations for an implementation plan to the executive director of the department of human services; the governor; and the joint budget committee, the health and human services committee of the senate, the public health and environment committee of the house of representatives, or any successor committees. (3) The implementation plan recommended by the steering committee pursuant to this section is not required to become operational unless adequate state and federal funding is available. Source: L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1390, § 3, effective May 18. ARTICLE 5.3 Colorado Revised Statutes 2019 Page 224 of 490 Uncertified Printout Emergency Assistance for Families with Children at Imminent Risk of Out-of-Home Placement Act 26-5.3-101. Short title. This article shall be known and may be cited as the "Emergency Assistance for Families with Children at Imminent Risk of Out-of-Home Placement Act". Source: L. 93: Entire article added, p. 1998, § 1, effective June 9. 26-5.3-102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The state of Colorado recognizes its obligation to protect and provide for the children in Colorado's child welfare system; (b) The children at imminent risk of being placed out of the home are likely to be placed out of the home immediately if intervention services are not made available to such children and their families; (c) Community and home-based services are effective in helping to avoid the need to place children out of their homes and to reunite children with their families. However, alternatives to out-of-home placement are available only to a small percentage of children in the state due to insufficient statewide resources. (d) Families with children at imminent risk of being placed out of the home are families in crisis and in need of emergency assistance to avoid such placement or to reunite families when an emergency has resulted in an out-of-home placement, which assistance includes, but is not limited to, intensive family preservation services and other services designed to maintain a child at home; (e) Federal financial participation is available to provide emergency assistance to needy families with children in the form of intake, assessment, counseling, treatment, and other family preservation services that meet needs of the family which are attributable to the emergency or crisis situation; (f) The provision of emergency assistance is likely to reduce the escalating state general fund costs of out-of-home placements, thereby making moneys available for other necessary children and family services or programs; and (g) Because the child welfare system is a contributing factor to the state's expenditures, it is important to maximize moneys available to the state for child welfare needs by making service delivery systems family-focused, cost-efficient, and accessible statewide. (2) The general assembly further finds and declares that it is therefore appropriate to authorize the implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. In addition, it is appropriate to develop a plan for the use of moneys saved as a result of providing emergency assistance to families. Source: L. 93: Entire article added, p. 1998, § 1, effective June 9. 26-5.3-103. Definitions. As used in this article, unless the context otherwise requires: (1) Repealed. Colorado Revised Statutes 2019 Page 225 of 490 Uncertified Printout (2) "At imminent risk of being placed out of the home" means that without intercession a child will be placed out of the home immediately. (3) "Emergency assistance program" or "program" means the program for emergency assistance for families with children at imminent risk of out-of-home placement as authorized by this article. Source: L. 93: Entire article added, p. 1999, § 1, effective June 9. L. 97: (1) repealed, p. 1243, § 47, effective July 1. 26-5.3-104. Emergency assistance for families with children at imminent risk of being placed out of the home. (1) The executive director of the state department is hereby authorized to include in the state temporary assistance for needy families plan the establishment and implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. The purpose of the program shall be to meet the needs of the family in crisis due to the imminent risk of out-of-home placement by providing emergency assistance in the form of intake, assessment, counseling, treatment, and other family preservation services that meet the needs of the family which are attributable to the emergency or crisis situation. (2) Nothing in this article shall prevent the state department from complying with federal requirements for a program of emergency assistance in order for the state of Colorado to qualify for federal funds under the federal "Social Security Act" and to use such federal funds for families with children at imminent risk of immediate out-of-home placement and to reunite children with their families, within the limits of available appropriations. Source: L. 93: Entire article added, p. 1999, § 1, effective June 9. L. 97: Entire section amended, p. 1244, § 48, effective July 1. 26-5.3-105. Eligibility requirements - period of eligibility - services available. (1) Families with children at imminent risk of out-of-home placement shall be eligible for emergency assistance. Assistance shall be available to or on behalf of a needy child under twenty-one years of age and any other member of the household in which the child lives if: (a) Such child is living with any of the relatives described in section 26-2-103 (4)(a) in a place of residence maintained by the relative as the relative's own home; (b) Such child is without resources immediately accessible to meet the child's needs; and (c) The emergency assistance is necessary to avoid destitution or to provide living arrangements for the child in a home. (2) Assistance shall be authorized for a family no more than once during a twelve-month period. (3) Emergency assistance provided pursuant to this article shall be used for, but shall not be limited to, the following: (a) Twenty-four-hour emergency shelter facilities or caretakers for children who must be removed from their homes in emergency situations; (b) Counseling, including crisis counseling available by telephone twenty-four hours a day; (c) Information referral; Colorado Revised Statutes 2019 Page 226 of 490 Uncertified Printout (d) Intensive family preservation services; (e) In-home supportive homemaker services; (f) Services used to develop and implement a discrete case plan, as provided by the federal "Social Security Act"; (g) Day treatment services for children. Source: L. 93: Entire article added, p. 2000, § 1, effective June 9. L. 97: (3)(f) amended, p. 1244, § 49, effective July 1. 26-5.3-106. State's savings - cash fund created - use of moneys in fund - plan required. (1) There is hereby created a family issues cash fund. Moneys shall be deposited in the fund as follows: (a) Any savings to the general fund realized as a result of federal financial participation available to the state based on the implementation of the emergency assistance program authorized by section 26-5.3-104; (b) Any federal funds earned by the expenditure of moneys deposited in the cash fund. (c) Repealed. (1.5) All moneys in the fund shall be subject to annual appropriation by the general assembly and shall be used for the purposes set forth in the plan for improving the child welfare system in the state, developed in accordance with subsection (2) of this section, for the implementation of the emergency assistance program established pursuant to section 26-5.3-104, and for the family resource center program established pursuant to section 26-18-104. Federal funds received by the state for the emergency assistance program shall be used only for such program and not for any other purpose. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund. It is the general assembly's intent that no additional state or county general fund moneys shall be used to finance the implementation of the plan established in accordance with subsection (2) of this section. (2) The state department shall develop a strategic plan for improving the child welfare system in the state and for using the moneys in the family issues cash fund created in subsection (1) of this section. The plan shall specify the source of general fund savings deposited in the cash fund. The plan shall provide that the moneys in the fund shall, at a minimum, be used for the following purposes: (a) Repealed. (b) The provision of services aimed at reuniting families and avoiding out-of-home placements; (c) The provision of support services and programs for children and families aimed at preventing out-of-home placements; (d) The examination and assessment of the feasibility and effectiveness of alternative methods for the provision of services and placement procedures for homeless adolescents or adolescents who are at-risk of being placed out of the home; (e) The development and implementation of county pilot programs for at-risk children and their families; and (f) The provision of an expedited procedure for permanent placement of children five years of age or younger who have been placed out of the home. Colorado Revised Statutes 2019 Page 227 of 490 Uncertified Printout (3) Repealed. Source: L. 93: Entire article added, p. 2001, § 1, effective June 9. L. 96: (1)(c) repealed, p. 1476, § 36, effective June 1. L. 97: (1.5) amended, p. 1116, § 5, effective May 28; (2)(a) and (3) repealed, p. 1023, § 45, effective August 6. L. 2001: (1.5) amended, p. 252, § 7, effective March 29. ARTICLE 5.4 Foster Care Prevention Services 26-5.4-101. Legislative declaration. (1) The federal "Family First Prevention Services Act" was enacted on February 9, 2018. In order to comply with the provisions of the "Family First Prevention Services Act", the general assembly finds it is necessary to update current statutes to enable Colorado to provide enhanced support to children, youth, and their families in order to prevent foster care placements. (2) It is the intent of the general assembly to treat children and youth in-home or with a kin caregiver when doing so serves the safety, permanent placement, and well-being of the child or youth. Source: L. 2019: Entire article added, (HB 19-1308), ch. 256, p. 2456, § 1, effective August 2. 26-5.4-102. Definitions. As used in this article 5.4, unless the context otherwise requires: (1) "Foster care prevention services" means mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal "Family First Prevention Services Act" that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement. (2) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with section 201(a)(4) of the federal "Family First Prevention Services Act", and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I). (3) "Trauma-informed" refers to the services to be provided to or on behalf of a child or youth under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma's consequences and facilitate healing. Source: L. 2019: Entire article added, (HB 19-1308), ch. 256, p. 2456, § 1, effective August 2. Colorado Revised Statutes 2019 Page 228 of 490 Uncertified Printout 26-5.4-103. Foster care prevention services program - rules. (1) The state department is authorized to include in the state's five-year Title IV-E prevention plan, as defined in 42 U.S.C. sec. 671, the establishment and implementation of a foster care prevention services program for families with children and youth who are candidates for foster care but who can safely remain at home or in a kinship placement with receipt of services, including children and youth who, without intervention, risk involvement with the child welfare system as established by rule of the state board. The state department shall promulgate rules setting forth procedures regarding the provision of these services. (2) Nothing in this article 5.4 shall prevent the state department from complying with federal requirements for a foster care prevention services program in order for the state to qualify for federal money under the federal "Social Security Act", as amended. Source: L. 2019: Entire article added, (HB 19-1308), ch. 256, p. 2457, § 1, effective August 2. 26-5.4-104. Eligibility requirements - period of eligibility - services available - rules. (1) Children and youth and their parents, legal custodians, legal guardians, or kin caregivers are eligible for foster care prevention services when their needs for services are directly related to the safety, permanent placement, or well-being of the child or youth, or to prevent the child or youth from entering the foster care system. (2) Foster care prevention services may be authorized for up to twelve months per episode of eligibility. (3) Foster care prevention services provided pursuant to this article 5.4 must be defined in the child's or youth's prevention plan, as defined through rules promulgated by the state board. Source: L. 2019: Entire article added, (HB 19-1308), ch. 256, p. 2457, § 1, effective August 2. 26-5.4-105. Implementation of article - federal authorization - request for funding. The state department shall implement the provisions of this article 5.4 and the provisions of title 19 and this title 26 executing the utilization of foster care prevention services and qualified residential treatment programs when the federal government approves Colorado's five-year Title IV-E prevention plan, at which time the department may submit a budget request to the joint budget committee for necessary funding to implement the plan. Source: L. 2019: Entire article added, (HB 19-1308), ch. 256, p. 2457, § 1, effective August 2. ARTICLE 5.5 Family Preservation Editor's note: This article was added in 1991 and was not amended prior to 1993. The provisions of this article were repealed and reenacted in 1993, resulting in the addition, relocation, and elimination of sections as well as subject matter. For the text of this article prior Colorado Revised Statutes 2019 Page 229 of 490 Uncertified Printout to 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 26-5.5-101. Short title. This article shall be known and may be cited as the "Colorado Family Preservation Act". Source: L. 93: Entire article R&RE, p. 2006, § 1, effective July 1. Editor's note: This section is similar to former § 26-5.5-101 as it existed prior to 1993. 26-5.5-102. Legislative declaration. (1) The general assembly finds and declares that: (a) Maintaining a family structure to the greatest degree possible is one of the fundamental goals that all state agencies must observe, and the state's intervention in family dynamics should not exceed that which is necessary to rectify the cause for intervention; (b) Out-of-home placement is often the most expensive and disruptive method of providing services to troubled families; (c) It is becoming increasingly difficult to attract foster parents for the number of children placed out of the home; (d) The principle of appropriate state intervention is a cornerstone of family preservation services. Such services, when properly targeted and administered, provide states with an opportunity to initiate the systemic reform of children, youth, and families public services by providing services that are family-focused, outcome-driven, and cost-efficient. (e) Family preservation programs implemented in other states, such as the "homebuilder's" model in the state of Washington, have resulted in improved family-functioning rates. Placement prevention rates of up to eighty-eight percent have been reported in some of the thirty-one states that have initiated some form of a family preservation program. (f) A statewide family preservation program may be financed to provide intensive services for families where a child is at risk of an out-of-home placement based on criteria established by the state board of human services and to provide phased-in services aimed at reunifying families where a child has been placed out of the home, where appropriate, by tapping into other available federal funds or through moneys realized from cost avoidance in prevention of placement; (g) On the basis of the foregoing, it is appropriate to enact the provisions of this article providing for the implementation of a statewide family preservation program that provides for immediate intensive services for at-risk families and phased-in services aimed at reunifying families, where appropriate, when the targeted families for intensive or reunification services have been served. (2) It is the general assembly's intent that the implementation and financing of the statewide family preservation program be consistent with applicable federal mandates, including any federal financial participation requirements, and that the implementation of the program not place this state at risk of losing federal funds received by the state for children, youth, and families services prior to the enactment of this article. Colorado Revised Statutes 2019 Page 230 of 490 Uncertified Printout Source: L. 93: Entire article R&RE, p. 2006, § 1, effective July 1. L. 94: (1)(f) amended, p. 1055, § 6, effective May 4. L. 97: (1)(f) amended, p. 1024, § 46, effective August 6. Editor's note: This section is similar to former § 26-5.5-102 as it existed prior to 1993. 26-5.5-103. Definitions. As used in this article, unless the context otherwise requires: (1) "At-risk family" means a family unit with a child who meets out-of-home placement criteria as established by the state board or who, without intervention, risks continued involvement with the child welfare system as established by the state board. (1.5) Repealed. (2) "Family preservation services" means services or assistance that focuses on family strengths and includes services that empower a family by providing alternative problem-solving techniques, child-rearing practices, responses to living situations that create stress upon the family, and resources that are available as support systems for the family. Family preservation services include, but are not limited to services and resources described in section 26-5.5-104. (3) "Intensive services" means immediate, concentrated, and in-home crisis intervention by one or more family development specialists who assist a family in developing strengths to cope with family stress. Source: L. 93: Entire article R&RE, p. 2007, § 1, effective July 1. L. 94: (1) amended, p. 2705, § 266, effective July 1. L. 2008: Entire section amended, p. 12, § 3, effective August 5. L. 2011: (1) amended and (1.5) repealed, (HB 11-1196), ch. 160, pp. 552, 555, §§ 1, 7, effective August 10. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 26-5.5-104. Statewide family preservation program - creation - single state agency designated - program criteria established - available services - powers and duties of agencies - local oversight - feasibility report. (1) The executive directors of the departments of health care policy and financing and human services, through the promulgation of rules, may jointly develop, finance, and implement a statewide family preservation program, which program shall be fully implemented no later than July 1, 1996. The state department is hereby designated as the single state agency to administer the program in accordance with this article and applicable federal law. (2) The program shall be implemented as follows: (a) No later than January 1, 1996, services aimed at reunification of families shall, within available appropriations, be made available to appropriate families where a child has been placed out of the home; (b) No later than July 1, 1996, family preservation services shall, within available appropriations, be available to serve appropriate families who are involved in, or who are at risk of being involved in, the child welfare, mental heath, and juvenile justice systems. (3) Family preservation services shall, at a minimum, include the following: (a) Screening to determine the appropriateness of providing family preservation services, including intensive services and reunification services, to a family; Colorado Revised Statutes 2019 Page 231 of 490 Uncertified Printout (b) An assessment of the risk to a child and the needs of a child and the child's family, considering any special needs of a child and the cultural background of the family; (c) Appropriate intervention to meet the assessed needs of the child and the child's family, taking into account the geographical location of the family and available resources in such locale; (d) Referral to community services and support systems; and (e) Follow-up care, where appropriate. (4) (a) Intensive services shall be available for an at-risk family in the family home, as deemed necessary by the county department. Intensive services shall include, at a minimum: (I) Family preservation services described in subsection (3) of this section; except that the screening of a family for intensive services shall occur within twenty-four hours after referral by the investigating or placement agency to decide the appropriateness of providing intensive services to the family where the child has been determined by the investigating or placement agency to be at imminent risk of out-of-home placement or at risk of continued involvement in the child welfare system; (II) Crisis intervention, including in-home counseling, by a case manager or case worker, which intervention shall be available on a twenty-four-hour basis; (III) Concentrated assistance in the development and enhancement of parenting skills, stress reduction, and problem-solving from a case manager or case worker; and (IV) Individualized and group counseling. (b) (Deleted by amendment, L. 2008, p. 11, § 2, effective August 5, 2008.) (c) Intensive services shall be available to a family for a child who requires a more restrictive level of care but who may be maintained at a less restrictive out-of-home placement or in his or her own home with services for a period of time as determined by rule of the state department. (5) The state department of human services and county departments of human or social services may seek the assistance of any public or private entity in carrying out the duties set forth in this article 5.5. In addition, the state department may contract with any public or private entity in providing the services described in this article 5.5. Priority must be given to vendors who provide the most geographically and culturally relevant services. (6) On and after July 1, 1994, the executive director of the state department shall annually evaluate the statewide family preservation program and shall determine the overall effectiveness and cost-efficiency of the program. Notwithstanding section 24-1-136 (11)(a)(I), on or before the first day of October of each year, the executive director of the state department shall report such findings and shall make recommended changes, including budgetary changes, to the program to the general assembly, the chief justice of the supreme court, and the governor. In evaluating the program, the executive director of the state department shall consider any recommendations made by the interagency family preservation commission in accordance with section 26-5.5-106. To the extent changes to the program may be made without requiring statutory amendment, the executive director may implement such changes, including changes recommended by the commission acting in accordance with subsection (7) of this section. (7) The inter-agency family preservation commission, established pursuant to section 26-5.5-106, shall be responsible for providing oversight of the local implementation of the statewide family preservation program. In providing oversight, the commission shall, on and after July 1, 1994, annually evaluate the overall effectiveness and cost-efficiency of the program Colorado Revised Statutes 2019 Page 232 of 490 Uncertified Printout and shall make recommended changes to the executive director of the state department. The commission shall submit to the executive director of the state department a report of its findings on or before the first day of September of each year. Source: L. 93: Entire article R&RE, p. 2008, § 1, effective July 1. L. 94: IP(4)(a) amended, p. 1055, § 7, effective May 4; (1) and (5) amended, pp. 2634, 2705, §§ 68, 267, effective July 1. L. 2008: (4) amended, p. 11, § 2, effective August 5. L. 2011: (2)(b), IP(4)(a), (4)(a)(I), (4)(a)(II), and (4)(a)(III) amended, (HB 11-1196), ch. 160, pp. 552, 555, §§ 2, 8, effective August 10. L. 2017: (6) amended, (SB 17-234), ch. 154, p. 523, § 12, effective August 9. L. 2018: (5) amended, (SB 18-092), ch. 38, p. 448, § 123, effective August 8. Editor's note: Amendments to subsection (1) by sections 68 and 267 of House Bill 941029 were harmonized. Cross references: For the legislative declaration contained in the 1994 act amending subsections (1) and (5), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-5.5-105. Financing of family preservation program. The implementation of the statewide family preservation program shall be subject to the availability of federal financial participation for emergency assistance under Title IV-A of the federal "Social Security Act", other available federal funds, appropriations from the general assembly, and moneys realized from avoiding costs related to out-of-home placements. In addition, the executive director of the state department is hereby authorized to accept any grants, donations, gifts, or contributions from any other private or public entity. Source: L. 93: Entire article R&RE, p. 2010, § 1, effective July 1; entire section R&RE, p. 2004, § 3, effective July 1. L. 94: Entire section amended, p. 1056, § 8, effective May 4. Editor's note: This section is similar to former § 26-5.5-105 as it existed prior to 1993. 26-5.5-106. Family preservation commission - establishment or designation - duties. (1) The governing body of each county or city and county shall establish a family preservation commission for the county or city and county to carry out the duties described in subsection (2) of this section. The commission shall be interdisciplinary and multiagency in composition; except that such commission shall include at least two members from the public at large. The governing body may designate an existing board or group to act as the commission. A group of counties may agree to designate a regional commission to act collectively as the commission for all of such counties. A family preservation commission may be consolidated with other local advisory boards pursuant to section 24-1.7-103, C.R.S. (2) It shall be the duty of each commission established or designated pursuant to subsection (1) of this section to hold periodic meetings and evaluate the family preservation program within the county or city and county, and to identify any recommended changes to such program. On and after July 1, 1994, the commission shall submit an annual report to the Colorado Revised Statutes 2019 Page 233 of 490 Uncertified Printout executive director of the state department. The report shall consist of an evaluation of the overall effectiveness and cost-efficiency of the program and any recommended changes to such program. The report shall be submitted on or before the first day of September of each year. Source: L. 93: Entire article R&RE, p. 2011, § 1, effective July 1. L. 97: (1) amended, p. 1191, § 16, effective July 1. ARTICLE 5.7 Homeless Youth 26-5.7-101. Short title. This article shall be known and may be cited as the "Homeless Youth Act". Source: L. 97: Entire article added, p. 977, § 2, effective May 22. 26-5.7-102. Definitions. As used in this article 5.7, unless the context otherwise requires: (1) "County department" means the county, city and county, or district department of human or social services. (2) (a) "Homeless youth" means a child or youth who is at least eleven years of age but is less than twenty-one years of age and who: (I) Lacks a fixed, regular, and adequate nighttime residence; or (II) Has a primary nighttime residence that is: (A) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations; or (B) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings. (b) "Homeless youth" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law. (3) "Homeless youth shelter" means a facility that is licensed pursuant to section 26-6104. (3.5) "Licensed host family home" means a home that meets the requirements established by the state board by rule pursuant to section 26-6-106 (5). (4) "Parent" means the legal custodian or guardian of the youth. (5) "Youth" or "child" means any person who is at least eleven years of age but is less than twenty-one years of age. Source: L. 97: Entire article added, p. 977, § 2, effective May 22. L. 2011: (2) and (5) amended and (3.5) added, (HB 11-1079), ch. 83, p. 223, § 1, effective August 10. L. 2018: IP and (1) amended, (SB 18-092), ch. 38, p. 449, § 124, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 234 of 490 Uncertified Printout 26-5.7-103. Family reconciliation services. (1) Out of moneys appropriated to the state department for family reconciliation services, the state department may elect to contract directly with private nonprofit organizations or entities for the provision of family intervention reconciliation services or pass the moneys to a county department electing to provide such services. In such circumstances, the county department may provide the family intervention reconciliation services directly or the county department may contract with private nonprofit organizations or entities for the provision of such services. The county may also contract with private nonprofit organizations or entities for the provision of voluntary alternative residences pursuant to sections 26-5.7-107 and 26-5.7-108. (2) Any county department may elect to establish a program to provide services consistent with this article. If a county department so elects, it shall notify the state department of such action, and any homeless youth or any member of a family that is in conflict or is experiencing problems with a homeless youth may request family reconciliation services from the county department. Such services may be provided to alleviate personal or family situations that present a serious and imminent threat to the health, safety, or welfare of the youth or family and to maintain intact families wherever possible. Services shall be provided at the discretion of the county department, within the county department's available resources. (3) Family reconciliation services that may be established shall be designed to develop skills and support within families to resolve problems related to homeless youth or family conflicts and may include, but are not limited to, referral services for suicide prevention, family preservation services, psychiatric or other medical care, or psychological, welfare, legal, educational, mediation, or other social services such as temporary shelter or independent living, as appropriate to the needs of the youth and the family. County departments that elect to provide family educational reconciliation services shall work in cooperation with school district boards of education providing educational services to homeless children in order to jointly develop educational programs for homeless youth consistent with section 22-33-103.5, C.R.S. Source: L. 97: Entire article added, p. 977, § 2, effective May 22. 26-5.7-104. Taking youth into custody - transporting to residence or child care facility or homeless youth shelter. (1) A law enforcement officer may take a youth into temporary custody without an order of the court under the following circumstances: (a) If a law enforcement agency has been contacted by the youth's parent and informed that the youth is absent from parental custody without consent; or (b) If an officer has reasonable cause to believe, considering the youth's age, the youth's location, and the time of day, that the youth is in circumstances that constitute a danger to the youth's safety. (2) Law enforcement custody pursuant to this section shall not extend beyond the amount of time reasonably necessary to transport the youth to a destination authorized pursuant to subsection (4) of this section. (3) Nothing in this section shall affect the authority of a law enforcement officer to take a youth into custody and follow the procedures established pursuant to article 2 or 3 of title 19, C.R.S. (4) A law enforcement officer taking a youth into custody pursuant to this section shall inform the youth of the reason for such custody and shall comply with either of the following: Colorado Revised Statutes 2019 Page 235 of 490 Uncertified Printout (a) The officer shall transport the youth to the home of the youth's parent. The officer releasing the youth into the custody of the youth's parent shall inform the parent of the reason for taking the youth into custody and shall inform the youth and the parent of the nature and location of any family reconciliation services available in their community. (b) The officer shall take the youth to a licensed child care facility or to a licensed homeless youth shelter if: (I) The youth evinces fear or distress at the prospect of being returned to the home of the youth's parent; (II) It is not practical to transport the youth to the home of the youth's parent; or (III) There is no parent available to accept custody of the youth. Source: L. 97: Entire article added, p. 978, § 2, effective May 22. 26-5.7-105. Child care facilities - homeless youth shelters - authority - duties. (1) Licensed child care facilities, licensed homeless youth shelters, and licensed host family homes may provide both crisis intervention services and alternative residential services to homeless youth. (2) Any youth admitted to a licensed child care facility, licensed homeless youth shelter, or licensed host family home pursuant to this article and who is not returned to the home of the youth's parent or is not placed in a voluntary alternative residential placement pursuant to section 26-5.7-107 shall reside at a facility, shelter, or licensed host family home described in subsection (1) of this section for a period not to exceed twenty-one days from the time of intake except as otherwise provided in this article. A licensed child care facility, licensed homeless youth shelter, or a licensed host family home shall make a concerted effort to achieve a reconciliation of the family. If a reconciliation and voluntary return of the youth have not been achieved within fortyeight hours, excluding Saturdays, Sundays, and legal holidays, from the time of intake and the director of the facility or shelter, or other person in charge, does not consider it likely that reconciliation will be achieved within the twenty-one-day period, then the director of the facility or shelter, or other person in charge, shall provide the youth and the youth's parent with a statement identifying: (a) The availability of counseling services; (b) The availability of longer term residential arrangements; and (c) The possibility of referral to the county department. (3) The state department shall develop a written statement of the rights and counseling services set forth in subsection (2) of this section and shall distribute the statement to each law enforcement agency, licensed child care facility, licensed homeless youth shelter, and licensed host family home. Each law enforcement officer taking a youth into custody pursuant to this article shall provide the youth and the youth's parent with a copy of the statement. Each licensed child care facility, licensed homeless youth shelter, and licensed host family home shall provide each resident youth and the youth's parent with a copy of the statement. (4) When a youth under fifteen years of age is admitted to a licensed child care facility, licensed homeless youth shelter, or licensed host family home, the director of the facility, shelter, or other person in charge shall notify the county department of the county of residence of the parents of the youth within seventy-two hours of the youth's admission. Colorado Revised Statutes 2019 Page 236 of 490 Uncertified Printout (5) If the director of the facility, shelter, or other person in charge determines that a referral for additional services needs to be made, the director or other person in charge shall make the referral to the county of residence of the parents of the youth. (6) A licensed foster care home approved as a licensed host family home shall not accept a homeless youth for placement under this section if there are any foster children currently placed in the home. (7) If a youth who is at least eleven years of age but less than fifteen years of age has been served up to twenty-one days and returns again to the licensed child care facility, licensed homeless youth shelter, or licensed host family home after leaving the facility, shelter, or host home, the director of the licensed child care facility or licensed homeless youth shelter or other person in charge shall make a referral for services to the county of residence of the parents of the youth. Source: L. 97: Entire article added, p. 979, § 2, effective May 22. L. 2011: Entire section amended, (HB 11-1079), ch. 83, p. 224, § 2, effective August 10. L. 2015: (6) amended, (SB 15-087), ch. 263, p. 1020, § 16, effective June 2. 26-5.7-106. Notification. (1) Any person who provides shelter to a youth without the consent of the youth's parent and after said person knows that the youth is away from the home of the youth's parent without permission shall notify the youth's parent or a law enforcement officer that the youth is being sheltered within twenty-four hours after shelter has been provided and after acquiring knowledge that the youth is away from the home of the youth's parent without permission. (2) Upon admission of a youth to a licensed child care facility or licensed homeless youth shelter pursuant to this article, the facility or shelter shall: (a) Immediately notify the youth's parent of the youth's whereabouts, physical and emotional condition, and the circumstances surrounding the youth's placement; (b) Notify the youth's parent that it is the paramount concern of the facility or shelter to achieve a reconciliation between the parent and the youth, to reunify the family, and to inform the parent about the alternatives that are available; (c) Arrange transportation for the youth to the residence of the youth's parent when the youth and the parent agree that the youth shall return to the home of the youth's parent. The parent shall reimburse the party who paid for the transportation costs to the extent of the parent's ability. (d) Arrange transportation for the youth to an alternative residential placement facility when the youth and the youth's parent agree to such placement. The parent shall reimburse the appropriate person for transportation costs to the extent of the parent's ability. Source: L. 97: Entire article added, p. 980, § 2, effective May 22. 26-5.7-107. Voluntary alternative residence - parental agreement. (1) Any available family reconciliation services shall be provided to a youth and the youth's family when the youth voluntarily resides elsewhere than with the youth's parent. A youth and the youth's parent may enter into an agreement for a voluntary alternative residence out of the home. Any agreement for voluntary alternative residence shall be in writing signed by both the youth and the youth's Colorado Revised Statutes 2019 Page 237 of 490 Uncertified Printout parent and may include, but is not limited to, residence with a relative or other responsible adult, in a licensed child care facility, or in a licensed homeless youth shelter. Voluntary alternative residence may continue as long as there is agreement between the youth and the youth's parent. (2) Agreements for voluntary alternative residence pursuant to subsection (1) of this section may include arrangements for payment to the party providing the residence for the youth or other responsibilities. (3) A person assuming responsibility under the agreement for the provision of a residence for the youth shall have the authority to: (a) Enroll the youth in the school district in which the voluntary alternative residence is located; and (b) Authorize and obtain preventive medical and dental care and treatment for the youth. Source: L. 97: Entire article added, p. 980, § 2, effective May 22. 26-5.7-108. Voluntary alternative residence - lack of parental agreement. (1) If the youth and the youth's parent cannot agree on an initial voluntary alternative residence within twenty-one days after admission to the alternative out-of-home residence, a referral to the county department may be made. (2) The licensed child care facility, licensed homeless youth shelter, or licensed host family home to which the youth has been admitted may arrange for the establishment of a supervised independent living arrangement or may arrange a voluntary residential agreement between the youth and a relative or other responsible adult, a licensed child care facility, a licensed homeless youth shelter, or a licensed host family home if the youth has been admitted to a licensed child care facility, licensed homeless youth shelter, or licensed host family home and: (a) Twenty-one days have passed since admission; (b) The youth's parent cannot be found after diligent effort by the facility or shelter to locate such parent, the youth's parent has failed to respond to a notice sent by the facility or shelter, or the youth's parent has renounced responsibility for the youth; and (c) The youth has no suitable place to live other than the home of the youth's parent. (3) A supervised independent living arrangement can only be established pursuant to subsection (2) of this section if: (a) The youth has not been deemed to have a substance use disorder and is in need of treatment; (b) The youth is not currently demonstrating behavior that poses a danger to the youth or others; (c) The youth is not engaging in persistent high-risk behavior that renders the youth inappropriate for an independent living arrangement through a placement alternative commission plan pursuant to section 19-1-116, C.R.S., or foster care placement through the county department; and (d) The youth has an ability and capacity to manage his or her own affairs, demonstrates emotional independence, and has the opportunity and ability to achieve financial independence through legitimate activities and life skills, including the following: (I) Educational accomplishments or a plan for achieving educational goals; (II) A vocational plan or goal; and Colorado Revised Statutes 2019 Page 238 of 490 Uncertified Printout (III) An opportunity or ability to achieve adequate housing and living arrangements apart from the youth's parent, guardian, or custodian. (4) (a) For the purposes of this article, a voluntary residential agreement shall not require the county department to assume custody of the youth or to exercise any parental power or control over the youth or require medical assistance under articles 4, 5, and 6 of title 25.5, C.R.S. (b) A person assuming responsibility for the youth shall have the authority to: (I) Enroll the youth in the school district in which the youth resides, pursuant to the voluntary residential agreement; and (II) Authorize and obtain preventive medical and dental care and treatment for the youth. Source: L. 97: Entire article added, p. 981, § 2, effective May 22. L. 2006: (4)(a) amended, p. 2018, § 104, effective July 1. L. 2011: (1), IP(2), and (2)(a) amended, (HB 111079), ch. 83, p. 225, § 3, effective August 10. L. 2017: (3)(a) amended, (SB 17-242), ch. 263, p. 1334, § 222, effective May 25. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 26-5.7-109. No use of general fund moneys. (Repealed) Source: L. 97: Entire article added, p. 982, § 2, effective May 22. L. 2007: Entire section repealed, p. 286, § 1, effective August 3. ARTICLE 5.9 Homeless Youth Services Act 26-5.9-101 to 26-5.9-105. (Repealed) Source: L. 2011: Entire article repealed, (HB 11-1230), ch. 170, p. 590, §§ 6, 7, effective July 1. Editor's note: (1) This article was added in 2004 and was not amended prior to its repeal in 2011. For the text of this article prior to 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Some sections of this article were relocated to § 24-32-723. Former C.R.S. section numbers are shown in the editor's note following that section. (2) Sections 26-5.9-103 (2) and 26-5.9-105 (3) as amended by House Bill 11-1079 were relocated to § 24-32-723 (2) and (4)(c), respectively, and harmonized with House Bill 11-1230. ARTICLE 6 Child Care Centers Colorado Revised Statutes 2019 Page 239 of 490 Uncertified Printout Cross references: For coordination of preschool programs with extended day services for children, see article 28 of title 22; for child care programs in nursing home facilities, see part 10 of article 1 of title 25. PART 1 CHILD CARE LICENSING 26-6-101. Short title. This part 1 shall be known and may be cited as the "Child Care Licensing Act". Source: L. 67: p. 1039, § 3. C.R.S. 1963: § 119-8-1. L. 96: Entire section amended, p. 806, § 2, effective May 23; entire section amended, p. 251, § 1, effective July 1. Editor's note: Amendments to this section by House Bill 96-1006 and House Bill 961180 were harmonized. 26-6-101.4. Legislative declaration concerning the protections afforded by regulation. (1) The general assembly finds and declares that increasing numbers of children in Colorado are spending a significant portion of their day in care settings outside their own homes. In addition, some children are placed in facilities for residential care for their protection and well-being. The general assembly finds that regulation and licensing of child care facilities contribute to a safe and healthy environment for children. The provision of such environment affords benefits to children, their families, their communities, and the larger society. The general assembly acknowledges that there is a need to balance accessibility and quality of care when regulating child care facilities. It is the intent of the general assembly that those who regulate and those who are regulated work together to meet the needs of the children, their families, and the child care industry. (2) In balancing the needs of children and their families with the needs of the child care industry, the general assembly also recognizes the financial demands with which the department of human services is faced in its attempt to ensure a safe and sanitary environment for those children of the state of Colorado who are in child care facilities. In an effort to reduce the risk to children outside their homes while recognizing the financial constraints placed upon the department, it is the intent of the general assembly that the limited resources available be focused primarily on those child care facilities that have demonstrated that children in their care may be at higher risk pursuant to section 26-6-107. Source: L. 94: Entire section added, p. 1044, § 1, effective January 1, 1995. L. 96: Entire section amended, p. 251, § 2, effective July 1. 26-6-101.5. Legislative declaration concerning employer-sponsored on-site child care centers. (Repealed) Source: L. 90: Entire section added, p. 1395, § 6, effective May 24; (2) added by revision, pp. 1395, 1400, §§ 6, 15. Colorado Revised Statutes 2019 Page 240 of 490 Uncertified Printout Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1995. (See L. 90, pp. 1395, 1400.) 26-6-102. Definitions. As used in this article 6, unless the context otherwise requires: (1) "Affiliate of a licensee" means: (a) Any person or entity that owns more than five percent of the ownership interest in the business operated by the licensee or the applicant for a license; or (b) Any person who is directly responsible for the care and welfare of children served; or (c) Any executive, officer, member of the governing board, or employee of a licensee; or (d) A relative of a licensee, which relative provides care to children at the licensee's facility or is otherwise involved in the management or operations of the licensee's facility. (2) "Application" means a declaration of intent to obtain or continue a license or certificate for a child care facility or a child placement agency. (3) "Certificate" means a legal document granting permission to operate a foster care home or a kinship foster care home. (4) "Certification" means the process by which the county department of human or social services or a child placement agency approves the operation of a foster care home. (5) "Child care center" means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities that give twenty-four-hour care for children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades or operated as a component of a school district's preschool program operated pursuant to article 28 of title 22, C.R.S. The term shall not include any facility licensed as a family child care home, a foster care home, or a specialized group facility that is licensed to provide care for three or more children pursuant to subsection (36) of this section, but that is providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who are diagnosed with a serious emotional disturbance. (6) "Child care provider", as used in section 26-6-119, means a licensee, or an affiliate of a licensee, when the licensee holds a license to operate a family child care home pursuant to this part 1. (7) "Child placement agency" means any corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, who facilitates placement for a fee, or who arranges for placement, for care of any child under the age of eighteen years with any family, person, or institution. A child placement agency may place, facilitate placement, or arrange for the placement of a child for the purpose of adoption, treatment, or foster care. The natural parents or guardian of any child who places said child for Colorado Revised Statutes 2019 Page 241 of 490 Uncertified Printout care with any facility licensed as a "family child care home" or "child care center" as defined by this section shall not be deemed a child placement agency. (8) (a) "Children's resident camp" means a facility operating for three or more consecutive twenty-four-hour days during one or more seasons of the year for the care of five or more children. The facility shall have as its purpose a group living experience offering education and recreational activities in an outdoor environment. The recreational experiences may occur at the permanent camp premises or on trips off the premises. (b) A children's resident camp shall serve children who have completed kindergarten or are six years of age or older through children younger than nineteen years of age; except that a person nineteen years of age or twenty years of age may attend a children's resident camp if, within six months prior to attending the children's resident camp, he or she has attended or has graduated from high school. (9) "Cradle care home" means a facility that is certified by a child placement agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four-hour family care for six months or less in anticipation of a voluntary relinquishment of the child or children pursuant to article 5 of title 19, C.R.S., or while a county prepares an expedited permanency plan for an infant in its custody. (10) (a) (I) "Day treatment center" means a facility that: (A) Except as provided in subparagraph (II) of this paragraph (a), provides less than twenty-four-hour care for groups of five or more children who are three years of age or older, but less than twenty-one years of age; and (B) Provides a structured program of various types of psycho-social and behavioral treatment to prevent or reduce the need for placement of the child out of the home or community. (II) Nothing in this subsection (10) prohibits a day treatment center from allowing a person who reaches twenty-one years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first. (b) "Day treatment center" shall not include special education programs operated by a public or private school system or programs that are licensed by other rules of the department for less than twenty-four-hour care of children, such as a child care center. (11) "Department" or "state department" means the state department of human services. (12) "Exempt family child care home provider" means a family child care home provider who is exempt from certain provisions of this part 1 pursuant to section 26-6-103 (1)(i). (13) "Family child care home" means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen years who are not related to the head of such home. "Family child care home" may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the state board pursuant to section 26-6-106 (2)(p), as the state board deems necessary and appropriate. (14) "Foster care home" means a home that is certified by a county department or child placement agency pursuant to section 26-6-106.3 for child care in a place of residence of a Colorado Revised Statutes 2019 Page 242 of 490 Uncertified Printout family or person for the purpose of providing twenty-four-hour family foster care for a child under the age of twenty-one years. A foster care home may include foster care for a child who is unrelated to the head of the home or foster care provided through a kinship foster care home but does not include noncertified kinship care, as defined in section 19-1-103 (78.7), C.R.S. The term includes any foster care home receiving a child for regular twenty-four-hour care and any home receiving a child from any state-operated institution for child care or from any child placement agency, as defined in subsection (7) of this section. "Foster care home" also includes those homes licensed by the department of human services pursuant to section 26-6-104 that receive neither moneys from the counties nor children placed by the counties. (15) "Guardian" means a person who is entrusted by law with the care of a child under eighteen years of age. (16) "Guest child care facility" means a facility operated by a ski area, as that term is defined in section 33-44-103 (6), C.R.S., where children are cared for: (a) While parents or persons in charge of such child are patronizing the ski area; (b) Fewer than ten total hours per day; (c) Fewer than ten consecutive days per year; and (d) Fewer than forty-five days in a calendar year, with thirty or fewer of such forty-five days occurring in either the winter or summer months. (17) "Homeless youth shelter" means a facility that, in addition to other services it may provide, provides services and mass temporary shelter for a period of three days or more to youths who are at least eleven years of age, or older, and who otherwise are homeless youth as that term is defined in section 26-5.7-102 (2). (18) "ICON" means the computerized database of court records known as the integrated Colorado online network used by the state judicial department. (19) "Kin", for purposes of a "kinship foster care home", may be a relative of the child, a person ascribed by the family as having a family-like relationship with the child, or a person that has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child. (20) "Kindergarten" means any facility providing an educational program for children only for the year preceding their entrance to the first grade, whether such facility is called a kindergarten, nursery school, preschool, or any other name. (21) "Kinship foster care home" means a foster care home that is certified by either a county department or licensed child placement agency pursuant to section 26-6-106.3 as having met the foster care certification requirements and where the foster care of the child is provided by kin. Kinship foster care providers are eligible for foster care reimbursement. A kinship foster care home provides twenty-four-hour foster care for a child or youth under the age of twenty-one years. (22) "License" means a legal document issued pursuant to this part 1 granting permission to operate a child care facility or child placement agency. A license may be in the form of a provisional, probationary, permanent, or time-limited license. (23) "Licensing" means, except as otherwise provided in subsection (14) of this section, the process by which the department approves a facility or agency for the purpose of conducting business as a child care facility or child placement agency. Colorado Revised Statutes 2019 Page 243 of 490 Uncertified Printout (24) "Medical foster care" means a program of foster care that provides home-based care for medically fragile children and youth who would otherwise be confined to a hospital or institutional setting and includes, but is not limited to, the following: (a) Infants impacted by prenatal drug and alcohol abuse; (b) Children with developmental disabilities which require ongoing medical intervention; (c) Children and youth diagnosed with acquired immune deficiency syndrome or human immunodeficiency virus; (d) Children with a failure to thrive or other nutritional disorders; and (e) Children dependent on technology such as respirators, tracheotomy tubes, or ventilators in order to survive. (25) (a) "Negative licensing action" means a final agency action resulting in the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to this part 1 or the demotion of such a license to a probationary license. (b) For the purposes of this subsection (25), "final agency action" means the determination made by the department, after opportunity for hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 1or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license. (26) (a) "Neighborhood youth organization" means a nonprofit organization that is designed to serve youth as young as six years of age and as old as eighteen years of age and that operates primarily during times of the day when school is not in session and provides researchbased, age-appropriate, and character-building activities designed exclusively for the development of youth from six to eighteen years of age. These activities shall occur primarily in a facility leased or owned by the neighborhood youth organization. The activities shall occur in an environment in which youth have written parental or legal guardian consent to become a youth member of the neighborhood youth organization and to arrive at and depart from the primary location of the activity on their own accord, without supervision by a parent, legal guardian, or organization. (b) A neighborhood youth organization shall not include faith-based centers, organizations or programs operated by state or city parks or special districts, or departments or facilities that are currently licensed as child care centers as defined in subsection (5) of this section. (27) "Out-of-home placement provider consortium" means a group of service providers that are formally organized and managed to achieve the goals of the county, group of counties, or mental health agency contracting for additional services other than treatment-related or child maintenance services. (28) "Person" means any corporation, partnership, association, firm, agency, institution, or individual. (29) "Place of residence" means the place or abode where a person actually lives and provides child care. (30) "Public services short-term child care facility" means a facility that is operated by or for a county department of human or social services or a court and that provides care for a child: Colorado Revised Statutes 2019 Page 244 of 490 Uncertified Printout (a) While the child's parent or the person in charge of the child is conducting business with the county department of human or social services or participating in court proceedings; (b) Fewer than ten total hours per day; (c) Fewer than fifteen consecutive days per year; and (d) Fewer than forty-five days in a calendar year. (30.5) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with section 201(a)(4) of the federal "Family First Prevention Services Act", and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I). (31) "Related" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin. (32) "Relative" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin. (33) "Residential child care facility" means a facility licensed by the state department pursuant to this part 1 to provide twenty-four-hour group care and treatment for five or more children operated under private, public, or nonprofit sponsorship. "Residential child care facility" includes community-based residential child care facilities, qualified residential treatment programs, as defined in section 26-5.4-102 (2), shelter facilities, and therapeutic residential child care facilities as defined in rule by the state board, and psychiatric residential treatment facilities as defined in section 25.5-4-103 (19.5). A residential child care facility may be eligible for designation by the executive director of the state department pursuant to article 65 of title 27. (34) "Routine medications", as used in section 26-6-119, means any prescribed oral, topical, or inhaled medication, or unit dose epinephrine, that is administered pursuant to section 26-6-119. (35) "Secure residential treatment center" means a facility operated under private ownership that is licensed by the department pursuant to this part 1 to provide twenty-four-hour group care and treatment in a secure setting for five or more children or persons up to the age of twenty-one years over whom the juvenile court retains jurisdiction pursuant to section 19-2-104 (6), C.R.S., who are committed by a court pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an act that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility. (36) (a) "Specialized group facility" means a facility sponsored and supervised by a county department or a licensed child placement agency for the purpose of providing twentyfour-hour care for three or more children, but fewer than twelve children, whose special needs can best be met through the medium of a small group and who are: (I) At least three years of age or older but less than eighteen years of age; or (II) Less than twenty-one years of age and who are placed by court order prior to their eighteenth birthday. Colorado Revised Statutes 2019 Page 245 of 490 Uncertified Printout (b) "Specialized group facility" includes specialized group homes and specialized group centers. (37) "Substitute child care provider" means a person who provides temporary care for a child or children in a licensed child care facility, including a child care center and a family child care home. (37.5) "Substitute placement agency" means any corporation, partnership, association, firm, agency, or institution that places or that facilitates or arranges placement of short-term or long-term substitute child care providers in licensed child care facilities providing less than twenty-four-hour care. (38) "Supervisory employee" means for purposes of section 26-6-103.5: (a) A person directly responsible for managing a guest child care facility and the employees of the facility; or (b) A person directly responsible for managing a public services short-term child care facility and the employees of the facility. (39) "Therapeutic foster care" means a program of foster care that incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially trained foster parents, but does not include medical foster care. (40) "Treatment foster care" means a clinically effective alternative to residential treatment facilities that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment. (41) "Youth member" means a youth who is six years of age through eighteen years of age whose parent or legal guardian has provided written consent for the youth to participate in the activities of a neighborhood youth organization and who pays the required dues of the neighborhood youth organization. Source: L. 67: p. 1040, § 3. C.R.S. 1963: § 119-8-2. L. 69: p. 993, § 2. L. 75: (1) amended, p. 217, § 53, effective July 16. L. 77: (6) amended, p. 1005, § 6, effective May 16. L. 81: (8) added, p. 1034, § 10, effective July 1. L. 86: (1)(a) amended, p. 1001, § 1, effective May 28. L. 88: (1)(a) amended, p. 831, § 41, effective May 24. L. 89: (9) added, p. 1220, § 1, effective May 26. L. 90: (1)(a) amended and (3.5) added, p. 1395, §§ 4, 5, effective May 24; (3.5)(b) added by revision, pp. 1395, 1400, §§ 5, 15. L. 91: (9) amended, p. 1882, § 1, effective March 11. L. 93: (3) amended, p. 1156, § 112, effective July 1, 1994. L. 94: (8) amended, p. 2705, § 268, effective July 1; (4) amended, p. 1044, § 2, effective January 1, 1995. L. 96: (8) and (9) amended, p. 806, § 3, effective May 23; (1), (2), and (4) amended and (1.5), (4.5), (5.3), (5.5), and (6.5) added, p. 252, § 3, effective July 1; (9) amended, p. 1697, § 42, effective January 1, 1997. L. 97: (5.1) added, p. 982, § 4, effective May 22. L. 99: (8) amended, p. 233, § 2, effective April 8; (1) amended and (1.3) and (5.7) added, p. 1034, § 1, effective May 29; (5.7) added, p. 1198, § 1, effective June 2. L. 2000: (4) amended and (2.5) and (10) added, p. 37, § 3, effective May 14. L. 2001: (5.2) added, p. 614, § 5, effective May 30; (1), (2), (3), and (8) amended and (11) added, pp. 743, 740, §§ 10, 3, effective June 1; (1), (2), (3), and (8) amended, p. 753, § 3, effective June 1; (1) amended, p. 508, § 1, effective July 1. L. 2002: (1.7) and (8.5) added, p. 128, § 2, effective March 26; (1.5) amended, p. 1785, 50, effective June 7; (4.7) and (10.5) added and (5) amended, p. 406, § 1, effective July 1. L. 2003: (5.9) added, p. 558, § 1, effective March 7; (5.6) added and (11) amended, p. 1874, § 2, effective May 22; (7.5) added, p. 854,§ 1, effective August 6. L. 2004: (2.7) added, p. 543, § 2, effective August 4; (5.6)(e) Colorado Revised Statutes 2019 Page 246 of 490 Uncertified Printout amended, p. 483, § 9, effective August 4. L. 2005: (2.7)(a) amended, p. 772, § 52, effective June 1; (2) amended, p. 969, § 1, effective June 2. L. 2006: (1.5) and IP(10)(a) amended and (12) added, p. 519, § 1, effective April 18; (1.5) amended, p. 699, § 46, effective April 28; (3.7) added, p. 1080, § 1, effective May 25; (8) amended, p. 1204, § 4, effective May 26; (1.1), (1.2), (2.2), (2.4), and (5.4) added and (4.7), (5.5), and (5.7)(a) amended, p. 724, § 1, effective August 7; (8.7) added, p. 284, § 1, effective August 7. L. 2007: (6.7) added and (10.5) amended, p. 861, § 1, effective May 14. L. 2008: (10.3) added, p. 367, § 1, effective August 5. L. 2009: (1.5) amended, (SB 09-292), ch. 369, p. 1975, § 100, effective August 5. L. 2010: (5.8) and (13) added, (HB10-1044), ch. 85, p. 284, § 1, effective April 14; (8) amended, (SB 10-175), ch. 188, p. 803, § 75, effective April 29. L. 2011: (5.1) amended, (HB 11-1079), ch. 83, p. 226, § 5, effective August 10. L. 2012: (2.2) amended, (SB 12-043), ch. 9, p. 24, § 1, effective March 9. L. 2015: (2.5) amended, (HB 15-1023), ch. 22, p. 53, § 1, effective March 13; (1.2) and (4.5) amended, (4.8) and (4.9) added, and (8.7) repealed, (SB 15-087), ch. 263, p. 1001, § 2, effective June 2. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 775, § 74, effective June 6. L. 2017: IP and (12) amended, (SB 17-110), ch. 85, p. 263, § 3, effective August 9. L. 2018: (4), IP(30), and (30)(a) amended, (SB 18-092), ch. 38, p. 449, § 125, effective August 8; (37) amended and (37.5) added, (SB 18-162), ch. 124, p. 833, § 1, effective August 8. L. 2019: (30.5) added and (33) amended, (HB 19-1308), ch. 256, p. 2461, § 11, effective August 2. Editor's note: (1) Subsection (3.5)(b) provided for the repeal of subsection (3.5), effective July 1, 1995. (See L. 90, pp. 1395, 1400.) Subsection (2.7)(b) provided for the repeal of subsection (2.7), effective July 1, 2008. (See L. 2004, p. 543.) (2) Amendments to subsection (9) by House Bill 96-1005 and House Bill 96-1180 were harmonized. Amendments to subsection (1) by Senate Bill 01-014, Senate Bill 01-012, and Senate Bill 01-221 were harmonized. Amendments to subsection (1.5) by House Bill 06-1375 and House Bill 06-1271 were harmonized. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act amending subsection (8), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-6-102.5. Coordinating services for employers. (Repealed) Source: L. 90: Entire section added, p. 1396, § 7, effective May 24; (3) added by revision, pp. 1396, 1400, §§ 7, 15. Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 1995. (See L. 90, pp. 1396, 1400.) 26-6-103. Application of part - study - definitions - repeal. (1) This part 1 does not apply to: (a) Special schools or classes operated primarily for religious instruction or for a single skill-building purpose; Colorado Revised Statutes 2019 Page 247 of 490 Uncertified Printout (b) A child care facility which is approved, certified, or licensed by any other state agency, or by a federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility; (c) Facilities operated in connection with a church, shopping center, or business where children are cared for during short periods of time while parents, persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services at such location or shopping, patronizing, or working on the premises of any such business; (d) Occasional care of children that has no apparent pattern and occurs with or without compensation; (e) The care of a child by a person in his or her private residence when the parent, guardian, or other person having legal custody of such child gives his consent to such care and when the person giving such care is not regularly engaged in the business of giving such care; (f) Juvenile courts; (g) Repealed. (h) Nursing homes which have children as residents. (i) An individual who provides less than twenty-four-hour child care in a place of residence when one of the following conditions is met: (I) (A) The children being cared for are related, as defined in sections 26-6-102 (31) and 26-6-102 (32), to the caregiver, are children who are related to each other from a single family that is unrelated to the caregiver, or a combination of such children; or (B) There are no more than four children being cared for, with no more than two children under two years of age from multiple families, regardless of the children's relation to the caregiver. (II) This subsection (1)(i) is repealed, effective September 1, 2020. (2) For purposes of this section, "short periods of time" means fewer than three hours in any twenty-four-hour period. (3) A facility that has received a negative licensing action as defined in section 26-6-102 (25) is prohibited from operating pursuant to subsection (1) of this section. (4) Repealed. Source: L. 67: p. 1040, § 3. C.R.S. 1963: § 119-8-3. L. 69: p. 994, § 3. L. 83: (1)(g) added, p. 1131, § 1, effective May 25. L. 90: (1)(b) amended and (1)(h) added, p. 1388, § 2, effective May 4. L. 94: (1)(b) amended, p. 1045, § 3, effective January 1, 1995. L. 96: IP(1) amended, p. 806, § 4, effective May 23; (1)(g) amended, p. 254, § 4, effective July 1. L. 2001: (1)(c) amended and (2), (3), and (4) added, p. 872, § 1, effective August 8. L. 2006: (1)(g) amended, p. 1080, § 2, effective May 25; (1)(a) and (1)(d) amended, p. 725, § 2, effective August 7. L. 2008: (4) repealed, p. 1911, § 115, effective August 5. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 782, § 75, effective June 6. L. 2017: IP(1) amended, (1)(g) repealed, and (1)(i) added, (SB 17-110), ch. 85, p. 262, § 1, effective August 9. Cross references: For the legislative declaration and report to the general assembly contained in the 1990 act amending this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990. Colorado Revised Statutes 2019 Page 248 of 490 Uncertified Printout 26-6-103.3. Substitute child care providers - substitute placement agency - licensing - rules. (1) Substitute placement agencies are subject to the requirements of this part 1. The state department shall license substitute placement agencies to place or facilitate or arrange for the placement of short-term and long-term substitute child care providers in licensed facilities providing less than twenty-four-hour care. (2) The state board shall promulgate rules for substitute placement agencies and substitute child care providers. At a minimum, state board rules must require that the substitute child care provider demonstrate that he or she has the training and certification for the child care license type and position in which the substitute child care provider is placed. Pursuant to section 26-6-107 (1)(a)(I)(C), each substitute child care provider shall pay for and submit to a fingerprint-based criminal history record check and a review of the records and reports of child abuse or neglect maintained by the state department to determine whether the substitute child care provider has been found to be responsible in a confirmed report of child abuse or neglect. When the results of a fingerprint-based criminal history record check or any other records check performed on a person pursuant to this subsection (2) reveal a record of arrest without a disposition, the state board shall require that person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The substitute placement agency shall not place a substitute child care provider who is convicted of any of the crimes specified in section 26-6-104 (7) or section 26-6-108. Source: L. 2008: Entire section added, p. 367, § 2, effective August 5. L. 2018: Entire section R&RE, (SB 18-162), ch. 124, p. 833, § 2, effective August 8. L. 2019: (2) amended, (HB 19-1166), ch. 125, p. 555, § 43, effective April 18. 26-6-103.5. Application of part - guest child care facilities - public services shortterm child care facilities - definition. (1) Guest child care facilities and public services shortterm child care facilities shall be subject only to the requirements of this section and shall otherwise be excluded from the requirements of this part 1. Each guest child care facility and each public services short-term child care facility shall post a notice in bold print and in plain view on the premises of the child care facility. The notice shall specify the telephone number and address of the appropriate division within the state department for investigating child care facility complaints and shall state that any complaint about the guest child care facility's or the public services short-term child care facility's compliance with these requirements should be directed to such division. (2) A person or entity shall not operate a guest child care facility or a public services short-term child care facility unless the following requirements are met: (a) The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the department of public health and environment, and it conforms to the sanitary standards prescribed by such department under the provisions of section 25-1.5-101 (1)(h), C.R.S.; (b) The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the local fire department, and it conforms to the fire prevention and protection requirements of the local fire department in the locality of the facility, or in lieu thereof, the division of labor standards and statistics; Colorado Revised Statutes 2019 Page 249 of 490 Uncertified Printout (c) The guest child care facility or public services short-term child care facility retains, on the premises at all times, the records of the inspections required by paragraphs (a) and (b) of this subsection (2) for the current calendar year and the immediately preceding calendar year; (d) The guest child care facility or public services short-term child care facility retains, on the premises at all times, a record of children cared for over the course of the current calendar year and the immediately preceding calendar year; (e) At least one supervisory employee, as that term is defined in section 26-6-102 (38), is on duty at the guest child care facility or public services short-term child care facility at all times when the facility is operating; (f) (I) The guest child care facility or public services short-term child care facility requires all supervisory employees of the guest child care facility or public services short-term child care facility and applicants for supervisory employee positions at the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for supervisory employees hired on or after August 10, 2011, the federal bureau of investigation and requests the state department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-104 (7)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26-6-104 (7)(a)(I)(E) and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee upon confirmation of such a criminal history; (II) (Deleted by amendment, L. 2011, (HB 11-1145), ch. 163, p. 560, § 1, effective August 10, 2011.) (III) The guest child care facility or public services short-term child care facility requests the state department to access records and reports of child abuse or neglect to determine whether the supervisory employee or applicant for a supervisory employee position has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee. Information shall be made available pursuant to section 19-1-307 (2)(r), C.R.S., and rules promulgated by the state board pursuant to section 19-3-313.5 (4), C.R.S. (IV) (A) The guest child care facility or public services short-term child care facility requests the state department to obtain a comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the state department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the supervisory employee or applicant for a supervisory employee position was arrested or convicted and the disposition thereof; and (B) The guest child care facility or public services short-term child care facility requests the state department to obtain such information concerning the supervisory employee or applicant for a supervisory employee position from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the state board; (V) When the results of a fingerprint-based criminal history record check or any other records check performed pursuant to this subsection (2)(f) reveal a record of arrest without a disposition, the guest child care facility or public services short-term child care facility shall Colorado Revised Statutes 2019 Page 250 of 490 Uncertified Printout require the supervisory employee or applicant for a supervisory employee position to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d); (g) (I) The guest child care facility or public services short-term child care facility requires all other employees of the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for employees hired on or after August 10, 2011, the federal bureau of investigation and requests the state department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-104 (7)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26-6-104 (7)(a)(I)(E) and the guest child care facility or public services short-term child care facility terminates the employment of any such person as an employee upon confirmation of such a criminal history; (II) (Deleted by amendment, L. 2011, (HB 11-1145), ch. 163, p. 560, § 1, effective August 10, 2011.) (III) The guest child care facility or public services short-term child care facility requests the state department to access records and reports of child abuse or neglect to determine whether the employee has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility terminates the employment of any such person. Information shall be made available pursuant to section 19-1307 (2)(r), C.R.S., and rules promulgated by the state board pursuant to section 19-3-313.5 (4), C.R.S. (IV) (A) The guest child care facility or public services short-term child care facility requests the state department to obtain a comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the state department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the employee was arrested or convicted and the disposition thereof; and (B) The guest child care facility or public services short-term child care facility requests the state department to obtain such information concerning the employee from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the state board; and (h) The guest child care facility or public services short-term child care facility maintains the following employee-to-child ratios at all times when the facility is operating: (I) One child care facility employee for every five children ages six weeks to eighteen months; (II) One child care facility employee for every five children ages twelve months to thirty-six months; (III) One child care facility employee for every seven children ages twenty-four months to thirty-six months; (IV) One child care facility employee for every eight children ages two and one-half years to three years; (V) One child care facility employee for every ten children ages three years to four years; Colorado Revised Statutes 2019 Page 251 of 490 Uncertified Printout (VI) One child care facility employee for every twelve children ages four years to five years; (VII) One child care facility employee for every fifteen children ages five years of age and older; and (VIII) One child care facility employee for every ten children in a mixed age group, ages two and one-half years to six years. (2.5) In addition to the requirements specified in subsection (2) of this section, a public services short-term child care facility shall ensure that at least one employee is on duty at the facility at all times when the facility is operating who holds a current department-approved first aid and safety certificate that includes certification in cardiopulmonary resuscitation training for all ages of children. (3) (a) If the guest child care facility or public services short-term child care facility refuses to hire a supervisory employee or terminates the employment of a supervisory employee as a result of information disclosed in an investigation of the supervisory employee or applicant therefor pursuant to paragraph (f) of subsection (2) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such refusal to hire. (b) If the guest child care facility or public services short-term child care facility terminates the employment of an employee as a result of the information disclosed in an investigation of the employee pursuant to paragraph (g) of subsection (2) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such termination of employment. (4) A guest child care facility employee or supervisory employee applicant who has obtained a fingerprint-based criminal history check pursuant to paragraph (f) or (g) of subsection (2) of this section, or pursuant to subsection (5) of this section, shall not be required to obtain a new fingerprint-based criminal history check if he or she returns to a guest child care facility to work in subsequent seasons. The state department shall maintain the results of the initial background check and receive subsequent notification of activity on the record for the purpose of redetermining, if necessary, whether the employee or supervisory employee applicant has been convicted of any of the criminal offenses specified in section 26-6-104 (7)(a)(I), or whether the employee or supervisory employee applicant has a pattern of misdemeanor convictions as described in section 26-6-108 (8)(b), and the guest child care facility shall contact the state department for information concerning subsequent convictions, if any, prior to rehiring such employee. (5) The requirements of paragraphs (f) and (g) of subsection (2) of this section shall not apply to those employees of guest child care facilities concerning whom criminal history background checks were conducted on or after July 1, 2001, and before July 1, 2002, for purposes of state child care licensure requirements. (6) For purposes of this section, a "guest child care facility" does not include a ski school. For purposes of this section, "ski school" means a school located at the ski area in which the guest child care facility is located for purposes of teaching children how to ski or snowboard. (7) The state department shall have the authority to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this part 1 for a guest child care facility or a public services short-term child care facility. Colorado Revised Statutes 2019 Page 252 of 490 Uncertified Printout Source: L. 2002: Entire section added, p. 407, § 2, effective July 1. L. 2003: (2)(f)(III) and (2)(g)(III) amended, p. 1409, § 17, effective January 1, 2004. L. 2006: (2)(f)(I), (2)(f)(II), (2)(g)(I), and (2)(g)(II) amended, p. 731, § 9, effective August 7. L. 2007: Entire section amended, p. 862, § 2, effective May 14. L. 2011: (2)(f)(I), (2)(f)(II), (2)(g)(I), and (2)(g)(II) amended, (HB 11-1145), ch. 163, p. 560, § 1, effective August 10. L. 2016: (2)(e) amended, (SB 16-189), ch. 210, p. 782, § 76, effective June 6; IP(2) and (2)(b) amended, (HB 16-1323), ch. 131, p. 381, § 19, effective August 10. L. 2019: (2)(f)(V) added, (HB 19-1166), ch. 125, p. 555, § 44, effective April 18. Cross references: For the legislative declaration contained in the 2003 act amending subsections (2)(f)(III) and (2)(g)(III), see section 1 of chapter 196, Session Laws of Colorado 2003. 26-6-103.7. Application of part - neighborhood youth organizations - rules licensing - duties and responsibilities - definitions. (1) Notwithstanding any provision of this part 1 to the contrary, a neighborhood youth organization that is not otherwise licensed to operate under this part 1 may obtain a neighborhood youth organization license pursuant to this section. A neighborhood youth organization that obtains a license pursuant to this section shall be subject only to the requirements of this section and shall otherwise be exempt from the requirements of this part 1. (2) The state board shall promulgate rules to establish a neighborhood youth organization license, including but not limited to the fee required to apply for and obtain the license. The rules shall not concern staff-to-youth ratios. (3) A neighborhood youth organization licensed pursuant to this section and operating in the state of Colorado shall have the following duties and responsibilities: (a) To inform a parent or legal guardian of the requirements of this subsection (3) and to post a notice in bold print and in plain view on the premises of the facility in which the neighborhood youth organization operates that lists the following information: (I) The requirements of this subsection (3); and (II) The telephone number and address of the appropriate division within the state department for investigating complaints concerning a neighborhood youth organization, with the instruction that any complaint regarding the neighborhood youth organization's compliance with these requirements be directed to that division; (b) Prior to admitting an interested youth member into the neighborhood youth organization, to require the youth member's parent or legal guardian to sign a statement authorizing the youth member to arrive and depart from the organization without supervision by a parent, legal guardian, or the organization; (c) To establish a process to receive and resolve complaints from parents or legal guardians; (d) To establish a process to report known or suspected child abuse or neglect to appropriate authorities pursuant to section 19-3-304, C.R.S.; (e) To maintain, either at the neighborhood youth organization or at a central administrative facility, records for each youth member admitted into the neighborhood youth organization containing, at a minimum, the following information: (I) The youth member's full name; Colorado Revised Statutes 2019 Page 253 of 490 Uncertified Printout (II) The youth member's date of birth; (III) The name, address, and telephone number of a parent or legal guardian of the youth member; (IV) The name and telephone number of at least one emergency contact person for the youth member; and (V) A parent's or legal guardian's written authorization for the youth member to attend the neighborhood youth organization; (f) To require a youth member's parent or legal guardian to sign a statement authorizing the neighborhood youth organization to provide transportation prior to field trips or to and from the neighborhood youth organization; and (g) To follow the requirements specified in subsection (4) of this section for a fingerprint-based or other criminal history record check of each employee and volunteer who works with or will work with youth members five or more days in a calendar month. (4) A licensed neighborhood youth organization shall require all employees and volunteers who work directly with or will work directly with youth members five or more days in a calendar month to obtain, prior to employment, and every two years thereafter, one of the following: (a) A fingerprint-based criminal history records check utilizing the Colorado bureau of investigation and request the state department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history. (b) A federal bureau of investigation fingerprint-based criminal history records check utilizing the Colorado bureau of investigation if the employee, volunteer, or applicant has resided in the state of Colorado less than two years. The neighborhood youth organization shall request the state department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history. (c) A comparison search by the state department on the ICON system of the state judicial department or a comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and social security number information that the state department determines is appropriate to determine whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history. (d) A separate background check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681 et seq. that shall disclose, at a minimum, sexual offenders and felony convictions and include a social security number trace, a national criminal file check, and a state or county criminal file search. The separate background check shall ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as Colorado Revised Statutes 2019 Page 254 of 490 Uncertified Printout defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history. (5) A person who visits or takes part in the activities of a licensed neighborhood youth organization but who is not required to obtain a criminal history record check pursuant to subsection (4) of this section shall at all times be under the supervision of an employee or volunteer who has been hired or approved after obtaining a criminal history record check pursuant to subsection (4) of this section. (6) The governing board of each licensed neighborhood youth organization shall adopt minimum standards for operating the licensed neighborhood youth organization, including but not limited to standards concerning staff, staff training, health and safety, and mechanisms for assessing and enforcing the licensed neighborhood youth organization's compliance with the standards adopted. (7) The state department shall have the authority to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this section for a licensed neighborhood youth organization. (8) A licensed neighborhood youth organization shall not be required to obtain or keep on file immunization records for youth members participating in the organization's activities. (9) As used in this section, unless the context otherwise requires: (a) "Employee" means a paid employee of a neighborhood youth organization who is eighteen years of age or older. (b) "Volunteer" means a person who volunteers his or her assistance to a neighborhood youth organization and who is eighteen years of age or older. Source: L. 2010: Entire section added, (HB 10-1044), ch. 85, p. 285, § 2, effective April 14. L. 2011: (4) amended, (HB 11-1145), ch. 163, p. 561, § 2, effective August 10. L. 2012: (4) amended, (HB 12-1228), ch. 130, p. 448, § 1, effective April 23. 26-6-104. Licenses - out-of-state notices and consent - demonstration pilot program - rules. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1) or elsewhere in this part 1, a person shall not operate an agency or facility defined in this part 1 without first being licensed by the state department to operate or maintain such agency or facility and paying the prescribed fee. Except as otherwise provided in paragraph (c) of this subsection (1), any license issued by the state department is permanent unless otherwise revoked or suspended pursuant to section 26-6-108. (b) A person operating a foster care home is not required to obtain a license from the state department to operate the foster care home if the person holds a certificate issued pursuant to section 26-6-106.3 to operate the home from any county department or a child placement agency licensed under the provisions of this part 1. A certificate is considered a license for the purpose of this part 1, including but not limited to the investigation and criminal history background checks required under sections 26-6-106.3 and 26-6-107. (c) (I) On and after July 1, 2002, and contingent upon the time lines for implementation of the computer "trails" enhancements, child placement agencies that certify foster care homes shall be licensed annually until the implementation of any risk-based schedule for the renewal of child placement agency licenses pursuant to subparagraph (II) of this paragraph (c). The state Colorado Revised Statutes 2019 Page 255 of 490 Uncertified Printout board shall promulgate rules specifying the procedural requirements associated with the renewal of such child placement agency licenses. Such rules shall include requirements that the state department conduct assessments of the child placement agency. (II) (A) On and after January 1, 2004, and upon the functionality of the computer "trails" enhancements, the state department may implement a schedule for relicensing of child placement agencies that certify foster care homes that is based on risk factors such that child placement agencies with low risk factors shall renew their licenses less frequently than child placement agencies with higher risk factors. (B) Prior to January 1, 2004, and contingent upon the time lines for implementation of the computer "trails" enhancements, the state department shall create classifications of child placement agency licenses that certify foster care homes that are based on risk factors as those factors are established by rule of the state board. (d) Repealed. (2) No person shall receive or accept a child under eighteen years of age for placement, or place any child either temporarily or permanently in a home, other than with persons related to the child, without first obtaining a license as a child placement agency from the department, and paying the fee prescribed therefor. (2.5) (Deleted by amendment, L. 96, p. 254, § 5, effective July 1, 1996.) (3) A provisional license for a period of six months may be issued once to an applicant for an original license, permitting the applicant to operate a family child care home, foster care home, or child care center if the applicant is temporarily unable to conform to all standards required under this part 1, upon proof by the applicant that the applicant is attempting to conform to such standards or to comply with any other requirements. The applicant has the right to appeal any standard that the applicant believes presents an undue hardship or has been applied too stringently by the department. Upon the filing of an appeal, the department shall proceed in the manner prescribed for licensee appeals in section 26-6-106 (3). (4) The department shall not issue a license for a child care center, residential child care facility, or secure residential treatment center until the facilities to be operated or maintained by the applicant or licensee are approved by the department of public health and environment as conforming to the sanitary standards prescribed by the department under section 25-1.5-101 (1)(h), C.R.S., and unless the facilities conform to fire prevention and protection requirements of local fire departments in the locality of the facility or, in lieu thereof, of the division of labor standards and statistics. (5) No person shall send or bring into this state any child for the purposes of foster care or adoption without sending notice of the pending placement and receiving the consent of the department or its designated agent to the placement. The notice shall contain: (a) The name and the date and place of birth of the child; (b) The identity and address or addresses of the parents or legal guardian; (c) The identity and address of the person sending or bringing the child; (d) The name and address of the person to or with which the sending person proposes to send, bring, or place the child; (e) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (6) The state board of human services shall establish rules and regulations for the approval of foster care homes and child care centers that provide twenty-four-hour care of Colorado Revised Statutes 2019 Page 256 of 490 Uncertified Printout children between eighteen and twenty-one years of age for whom the county department is financially responsible and when placed in foster care by the county department. (6.5) On and after July 1, 2005, and subject to designation as a qualified accrediting entity as required by the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq., the state department may license and accredit a child placement agency for purposes of providing adoption services for convention adoptions pursuant to the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq. The state board of human services may adopt rules consistent with federal law governing the procedures for adverse actions regarding accreditation, which procedures may vary from the procedures set forth in the "State Administrative Procedure Act", article 4 of title 24, C.R.S. (7) (a) (I) The state department shall not issue a license to operate a family child care home, a foster care home, a child care center, a residential child care facility, a secure residential treatment center, or a child placement agency, and any license or certificate issued prior to August 7, 2006, shall be revoked or suspended, if the applicant for the license or certificate, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of: (A) Child abuse, as specified in section 18-6-401, C.R.S.; (B) A crime of violence, as defined in section 18-1.3-406, C.R.S.; (C) Any offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; (D) Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; (D.5) Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a license or certificate; (E) A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years immediately preceding the date of submission of the application; (F) Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in sub-subparagraphs (A) to (E) of this subparagraph (I). (II) For purposes of this paragraph (a), "convicted" means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere. (III) Any applicant, licensee, or employee of the applicant or licensee who meets the definition of a department employee or an independent contractor, as those terms are defined in section 27-90-111 or who works for a contracting agency, as defined in section 27-90-111, and who will have direct contact with vulnerable persons, as defined in section 27-90-111 (2)(e), is required to submit to a state and national fingerprint-based criminal history record check in the same manner as required pursuant to section 27-90-111 (9); except that the state department shall not bear the cost of such criminal history record check required by this subsection (7)(a)(III). The state department may also conduct a comparison search on the Colorado state courts public access system to determine the crime or crimes for which the individual having direct contact with vulnerable persons was arrested or convicted and the disposition of such crime or crimes. The criminal history record check required by this subsection (7)(a)(III) must be submitted to the state department prior to the individual having direct contact with vulnerable Colorado Revised Statutes 2019 Page 257 of 490 Uncertified Printout persons, and an applicant, licensee, or employee of an applicant or licensee must not be allowed to have direct contact with vulnerable persons if he or she does not meet the requirements set forth in this subsection (7) and in section 27-90-111 (9). (b) The convictions identified in paragraph (a) of this subsection (7) shall be determined according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26-6-107 (1)(a)(I.5). A certified copy of the judgment of a court of competent jurisdiction of such conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement shall be prima facie evidence of such conviction or agreement. No license or certificate to operate a family child care home, a foster care home, a child care center, a residential child care facility, a secure residential child care facility, or a child placement agency shall be issued if the state department has a certified court order from another state indicating that the person applying for such a license or certificate has been convicted of child abuse or any unlawful sexual offense against a child under a law of any other state or the United States or the state department has a certified court order from another state that the person applying for the license or certificate has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child. (7.5) (a) No later than January 1, 2004, the state board shall promulgate rules that require all current and prospective employees of a county department who in their position have direct contact with any child in the process of being placed, or who has been placed, in foster care to submit a set of fingerprints for purposes of obtaining a fingerprint-based criminal history record check, unless the person has already submitted a set of fingerprints. The check must be conducted in the same manner as provided in subsection (7) of this section and in section 26-6107 (1)(a). The person's employment is conditional upon a satisfactory criminal background check and subject to the same grounds for denial or dismissal as set forth in subsection (7) of this section and in section 26-6-107 (1)(a). The costs for the fingerprint-based criminal history record check must be borne by the applicant. (b) When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (7.5) reveal a record of arrest without a disposition, the state department shall require the person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The costs for the name-based criminal history record check must be borne by the applicant. (8) The state department shall not issue a license to operate any agency or facility defined in this part 1 if the person applying for such license or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility: (a) Has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to part 3 or part 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the applicant is incapable of operating a family child care home, foster care home, child care center, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof. (b) (Deleted by amendment, L. 2006, p. 725, § 3, effective August 7, 2006.) (9) The state department is strongly encouraged to examine and report to the general assembly on the benefits of licensing any private, nonprofit child placement agency that is dedicated to serving the special needs of foster care children through services delivered by Colorado Revised Statutes 2019 Page 258 of 490 Uncertified Printout specialized foster care parents in conjunction with and supported by staff of the child placement agency. Such child placement agencies examined shall be able to: (a) Offer the following services: (I) Provision of educated, skilled, and experienced foster care parents; (II) Social work support for the foster care child and foster care family; (III) Twenty-four-hour, on-call availability; (IV) Monthly foster care parent support group meetings; (V) On-going educational and networking opportunities for any foster care family; (VI) Individualized treatment plans developed through team collaboration; (VII) Professional and family networking opportunities; and (VIII) Respite support and reimbursement; (b) Provide a form of specialized foster care including, but not limited to, the following types of care: (I) (Deleted by amendment, L. 2003, p. 1874, § 3, effective May 22, 2003.) (II) Medical foster care; (III) Respite foster care; (IV) (Deleted by amendment, L. 2003, p. 1874, § 3, effective May 22, 2003.) (V) Therapeutic foster care; (VI) Developmentally disabled foster care; and (VII) Treatment foster care. Source: L. 67: p. 1041, § 3. C.R.S. 1963: § 119-8-4. L. 69: p. 994, § 4. L. 72: p. 617, § 148. L. 75: (4) amended, p. 217, § 54, effective July 16. L. 77: (5) added, p. 1006, § 7, effective May 16; (1) amended and (6) added, p. 1359, § 1, effective June 1. L. 83: (7) added, p. 1133, § 1, effective May 31. L. 86: (7) amended, p. 1001, § 2, effective May 28. L. 90: (1), (3), and (4) amended and (2.5) added, p. 1396, § 8, effective May 24. L. 94: (4) amended, p. 2796, § 547, effective July 1; (3) amended, p. 1045, § 4, effective January 1, 1995. L. 96: (1), (2.5), (3), and (7) amended, p. 806, § 5, effective May 23; (1) to (4), (6), and (7) amended, p. 254, § 5, effective July 1. L. 99: (1) and (7) amended, p. 1198, § 2, effective June 2. L. 2000: (1) amended, p. 38, § 4, effective May 14. L. 2001: (7)(b) amended, p. 614, § 7, effective May 30; (1) and (7) amended and (8) added, p. 743, § 11, effective June 1; (7) amended and (9) added, p. 754, § 4, effective June 1. L. 2002: (1)(a) amended, p. 411, § 5, effective July 1; (7)(a)(I)(C) amended, p. 1190, § 34, effective July 1; (7)(a)(I)(B) amended, p. 1540, § 277, effective October 1. L. 2003: (1)(b)(II), (7)(a)(I)(A), (7)(a)(I)(E), (7)(b), and (9)(b) amended and (7.5) added, p. 1874, § 3, effective May 22; (4) amended, p. 713, § 50, effective July 1; (1)(d) added, p. 854, § 2, effective August 6. L. 2004: IP(7)(a)(I) amended, p. 543, § 3, effective August 4. L. 2005: (6.5) added, p. 969, § 2, effective June 2. L. 2006: (9)(b) amended, p. 520, § 2, effective April 18; (1)(b)(I), (3), (7)(a)(I), and (8) amended and (1)(b)(IV) added, p. 725, § 3, effective August 7; (1)(d)(III) amended and (1)(d)(IV) added, p. 284, § 2, effective August 7; IP(7)(a)(I) amended, p. 1517, § 86, effective August 7. L. 2010: (8)(a) amended, (SB 10-175), ch. 188, p. 804, § 76, effective April 29. L. 2015: (1)(a), (1)(b), (3), IP(7)(a)(I), (7)(a)(I)(C), and IP(8) amended and (1)(d) repealed, (SB 15-087), ch. 263, p. 1002, § 3, effective June 2. L. 2016: (4) amended, (HB 161323), ch. 131, p. 381, § 20, effective August 10. L. 2018: (7)(a)(III) added, (HB 18-1411), ch. 238, p. 1483, § 1, effective May 24. L. 2019: (7.5) amended, (HB 19-1166), ch. 125, p. 555, § 45, effective April 18. Colorado Revised Statutes 2019 Page 259 of 490 Uncertified Printout Editor's note: (1) Amendments to subsections (1), (2.5), (3), and (7) by House Bill 961006 and House Bill 96-1180 were harmonized. Amendments to subsection (7) by Senate Bill 01-012, Senate Bill 01-014, and Senate Bill 01-032 were harmonized. (2) Subsection (9) was originally numbered as (8) in Senate Bill 01-014 but has been renumbered on revision for ease of location. (3) Subsection (1)(d)(IV)(B) provided for the repeal of subsection (1)(d)(IV), effective July 1, 2009. (See L. 2006, p. 284.) (4) Provisions similar to subsections (1)(b)(II), (1)(b)(III), (1)(b)(IV), and (1)(d), as they existed prior to 2015, are located in § 26-6-106.3. Cross references: For the legislative declaration contained in the 1994 act amending subsection (4), see section 1 of chapter 345, Session Laws of Colorado 1994; for the legislative declaration contained in the 2002 act amending subsection (7)(a)(I)(B), see section 1 of chapter 318, Session Laws of Colorado 2002. 26-6-104.5. Compliance with local government zoning regulations - notice to local governments - provisional licensure. (1) The department shall require any child care facility seeking licensure pursuant to section 26-6-104 to comply with any applicable zoning regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning regulations shall constitute grounds for the denial of a license to a facility. (2) The department shall assure that timely written notice is provided to the municipality, city and county, or county where a child care facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs: (a) A person applies for a license to operate a child care facility pursuant to section 26-6104; (b) A license is granted to operate a child care facility pursuant to section 26-6-104; or (c) A change is made in the license of a residential child care facility, specialized group facility, homeless youth shelter, or secure residential treatment center. (d) (Deleted by amendment, L. 2006, p. 727, § 4, effective August 7, 2006.) (3) Notwithstanding any other provision of law, in the event of a zoning or other delay or dispute between a child care facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute. (4) The provisions of this section shall not apply to any foster care home certified pursuant to this part 1 or to any specialized group facility that is licensed to provide care for three or more children pursuant to this part 1 but that is providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who have a serious emotional disturbance. Source: L. 2000: Entire section added, p. 1517, § 4, effective June 1. L. 2006: (4) amended, p. 520, § 3, effective April 18; (2) and (3) amended, p. 727, § 4, effective August 7. Colorado Revised Statutes 2019 Page 260 of 490 Uncertified Printout Cross references: For the legislative declaration contained in the 2000 act enacting this section, see section 1 of chapter 319, Session Laws of Colorado 2000. 26-6-105. Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund. (1) (a) The state department is hereby authorized to establish, pursuant to rules promulgated by the state board, permanent, time-limited, and provisional license fees and fees for continuation or renewal, whichever is applicable, of a license for the following types of child care arrangements: (I) Family child care homes, including any special type of family child care home designated by rules of the state board pursuant to section 26-6-106 (2)(p), but excluding homes certified by county departments or child placement agencies; (II) Child care centers; (III) Secure residential treatment centers; (IV) Residential child care facilities; (V) Child placement agencies; (VI) Repealed. (VII) Homeless youth shelters; (VIII) Day treatment centers; (IX) Specialized group facilities; (X) Children's resident camps; and (XI) Substitute placement agencies. (b) The state department may also establish fees pursuant to rules promulgated by the state board of human services for the following situations: (I) Issuance of a duplicate license; (II) Change of license due to an increase in licensing capacity or a change in the age of children served; (III) Obtaining the criminal record of an applicant and any person living with or employed by the applicant, which may include costs associated with the taking of fingerprints; (IV) Checking the records and reports of child abuse or neglect maintained by the state department for an owner, employee, or resident of a facility or agency or an applicant for a license to operate a facility or agency; (V) Filing of appeals; (VI) Duplication of licensing records for the public; (VII) Duplication of licensing records in electronic format for the public; (VIII) Accrediting a child placement agency for purposes of providing adoption services for convention adoptions pursuant to the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq.; (IX) Insufficient funds payment and collection of overdue fees and fines; and (X) Collection of fees for scanning of adoption records pursuant to section 19-5-307, C.R.S. (c) The fees established pursuant to this subsection (1) shall not exceed the direct and indirect costs incurred by the department. The division involved in licensing child care facilities shall develop and implement an objective and systematic approach for setting, monitoring, and revising child care licensing fees by developing and using an ongoing method to track all direct and indirect costs associated with child care inspection licensing, developing a methodology to Colorado Revised Statutes 2019 Page 261 of 490 Uncertified Printout assess the relationship between licensing costs and fees, and annually reassessing costs and fees and reporting the results to the state board. In developing a fee schedule, the department should consider the licensed capacity of facilities and the time needed to license facilities. (2) (a) The fees specified in subsection (1) of this section shall be paid when application is made for any license or when renewal of a child placement agency license is sought and shall not be subject to refund. Applications for licenses shall be required in the situations that are set forth in paragraph (b) of this subsection (2) and shall be made on forms prescribed by the state department. Each completed application shall set forth such information as required by the state department. All licenses shall continue in force until revoked, surrendered, or expired. (b) (I) An original application and fee are required: (A) When an individual, partnership, corporation, or association plans to open a child care center, children's resident camp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, specialized group facility, or child placement agency; (B) When the child care center, children's resident camp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, or specialized group facility plans to move the center or facility to a different building at a different location; (C) When the management or governing body of a child care center, children's resident camp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, specialized group facility, or child placement agency is acquired by a different individual, association, partnership, or corporation; (C.5) When a change occurs in the operating entity of a child care center, children's resident camp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, specialized group facility, or child placement agency resulting in a new federal employee identification number; except that, if the reason for the issuance of a new federal employee identification number is solely due to a change in the corporate structure of the operating entity and either the management or governing body of the entity remains the same as originally licensed and the entity is operating in the same facility or facilities as originally licensed, the state department shall treat the entity's status as a renewal and assess the applicable renewal fee. Only newly hired employees shall be required to undergo criminal background checks as required in section 26-6-107. (D) When a family or person plans to open a family child care home, including any special type of family child care home designated by rules of the state board pursuant to section 26-6-106 (2)(p), or foster care home; (E) When a family or person who operates a family child care home, including any special type of family child care home designated by rules of the state board pursuant to section 26-6-106 (2)(p), or foster care home moves to a new residence. (II) A reapplication and fee shall be required and received by the state department in the manner specified in rules promulgated by the state board. An individual, partnership, corporation, or association seeking to renew a child placement agency license shall submit a reapplication and fee to the state department as specified in rules promulgated by the state board. (3) Nothing in this section shall prevent any city or city and county from imposing additional fees to those specified under this section. (4) All fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the child care licensing cash fund, which is hereby created. The Colorado Revised Statutes 2019 Page 262 of 490 Uncertified Printout general assembly shall make annual appropriations from the child care licensing cash fund for expenditures incurred by the department in the performance of its duties under this part 1. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. Source: L. 67: p. 1041, § 3. C.R.S. 1963: § 119-8-5. L. 69: p. 994, § 5. L. 77: (1) and (2) amended, p. 1360, § 2, effective June 1. L. 83: (2) amended, p. 1131, § 2, effective May 25. L. 89: (1)(d) added, p. 1220, § 2, effective May 26. L. 90: (1) R&RE, (2) and (3) amended, and (4) added, p. 1389, §§ 3, 4, effective May 4; (1)(a), (2)(b)(I)(A), and (2)(b)(I)(B) amended, p. 1397, §§ 9, 10, effective May 24; (1)(a)(VI)(B) added by revision, pp. 1397, 1400, §§ 9, 15. L. 94: IP(1)(a), (2)(a), and (2)(b)(II) amended, p. 1045, § 5, effective January 1, 1995. L. 96: (4) amended, p. 808, § 6, effective May 23; IP(1)(a), (1)(a)(I), (1)(b), (1)(c), and (2)(b) amended, p. 256, § 6, effective July 1. L. 99: (4) amended, p. 1200, § 3, effective June 2. L. 2000: (1)(a)(I), (2)(b)(I)(D), and (2)(b)(I)(E) amended and (1)(a)(VII), (1)(a)(VIII) and (1)(a)(IX) added, p. 38, § 5, effective May 14. L. 2001: IP(1)(a), (2)(a), and (2)(b)(II) amended, p. 746, § 12, effective June 1. L. 2003: IP(1)(b) and (1)(b)(IV) amended, p. 1410, § 18, effective January 1, 2004. L. 2005: (1)(b)(VIII) added, p. 970, § 3, effective June 2. L. 2006: (1)(a), (1)(b), (2)(a), and (2)(b)(I) amended, p. 728, § 5, effective August 7. L. 2013: IP(2)(b)(I) and (2)(b)(I)(C) amended and (2)(b)(I)(C.5) added, (HB 13-1084), ch. 29, p. 71, § 1, effective August 7. L. 2018: (1)(a)(IX) and (1)(a)(X) amended and (1)(a)(XI) added, (SB 18-162), ch. 124, p. 834, § 3, effective August 8. Editor's note: Subsection (1)(a)(VI)(B) provided for the repeal of subsection (1)(a)(VI), effective July 1, 1995. (See L. 90, pp. 1397, 1400.) Cross references: For the legislative declaration and report to the general assembly contained in the 1990 act amending subsections (1) to (3) and enacting subsection (4), see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990. For the legislative declaration contained in the 2003 act amending the introductory portion to subsection (1)(b) and amending subsection (1)(b)(IV), see section 1 of chapter 196, Session Laws of Colorado 2003. 26-6-105.5. Application forms - criminal sanctions for perjury. (1) (a) (I) All applications for the licensure of a child care facility or the certification of a foster care home pursuant to this part 1 shall include the notice to the applicant that is set forth in paragraph (b) of this subsection (1). (II) Every application used in the state of Colorado for employment with a child care provider or facility shall include the notice to the applicant that is set forth in paragraph (b) of this subsection (1). (b) Each application described in paragraph (a) of this subsection (1) shall contain the following notice to the applicant: Any applicant who knowingly or willfully makes a false statement of any material fact or thing in this application is guilty of perjury in the second degree as defined in section 18-8-503, Colorado Revised Statutes, and, upon conviction thereof, shall be punished accordingly. Colorado Revised Statutes 2019 Page 263 of 490 Uncertified Printout (2) Any person applying for the licensure of a child care facility or the certification of a foster care home pursuant to this part 1 or any person applying to work at such a facility as an employee who knowingly or willfully makes a false statement of any material fact or thing in the application is guilty of perjury in the second degree as defined in section 18-8-503, C.R.S., and, upon conviction thereof, shall be punished accordingly. (3) Every application for certification or licensure as a foster care home shall provide notice to the applicant that the applicant may be subject to immediate revocation of certification or licensure or other negative licensing action as set forth in this section, section 26-6-107.7, and as described by rule of the state board. Source: L. 99: Entire section added, p. 1200, § 4, effective June 2. L. 2001: (3) added, p. 747, § 13, effective June 1; (3) added, p. 756, § 5, effective June 1. 26-6-105.7. Applications - materials waivers - appeals - rules. (1) A child care center that is subject to the licensing requirements of this part 1 is also subject to the provisions of this section. (2) (a) The department shall make available to licensed child care centers and include with every application form for licensure information concerning the manner in which a child care center may apply for a waiver to use certain materials in its program and curriculum. The waiver request shall be included in a center's application for licensure or, in the case of a licensed child care center, may be submitted at any time. (b) A child care center seeking a waiver for the use of certain materials shall adopt a policy that: (I) Ensures that instructors in the child care center are trained in the use of the materials in a way that provides reasonable safety provisions for use by children; and (II) Requires parental notification of the use of the materials in the child care center and the potential safety risks associated with the materials. The policy shall require the child care center to obtain signed parental consent forms acknowledging awareness of the risks in using the materials in the child care center. (3) If a licensed child care center receives notice of a violation pursuant to this part 1, information concerning the waiver and appeal process described in this section shall be included in the notification to the child care center. (4) The state board shall promulgate rules for the implementation of this section, including: (a) The requirements for the granting of a waiver request, which requirements shall include that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request; (b) The requirements for the denial of a waiver request, which requirements shall include that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request; (c) The process by which a child care center may appeal a denial of a waiver request, which process shall include, but need not be limited to: (I) That upon the receipt of a denial of a waiver request, a child care center has up to forty-five calendar days to appeal the denial decision to the department; (II) That the department shall act upon the appeal within forty-five calendar days; Colorado Revised Statutes 2019 Page 264 of 490 Uncertified Printout (III) That the department shall provide notice of its decision on the appeal within ten calendar days after its decision to the appealing child care center; and (IV) That the appealing child care center has the right to meet in person with department personnel concerning the appeal, but that the entire appeals process shall last no more than one hundred calendar days after the date of the notice of denial of the waiver request. (5) Whenever practicable, the department shall use the same inspector for: (a) Multiple visits to a single child care center seeking a waiver pursuant to this section; or (b) Multiple visits to two or more individually licensed child care centers that are wholly owned, operated, and controlled by a common ownership group. (6) The department shall not post a denial of a waiver made pursuant to this section on its website until the appeal is final. Source: L. 2012: Entire section added, (HB 12-1276), ch. 185, p. 700, § 1, effective May 18. 26-6-106. Standards for facilities and agencies - rules. (1) (a) The department shall prescribe and publish standards for licensing. Such standards shall be applicable to the various types of facilities and agencies for child care regulated and licensed by this part 1; except that the department shall prescribe and publish separate standards for the licensing of child placement agencies operating for the purpose of adoptive placement and adoption-related services. The department shall seek the advice and assistance of persons representative of the various types of child care facilities and agencies in establishing such standards. Such standards shall be established by rules promulgated by the state board of human services and shall be issued and published only in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S., and shall become effective only as provided in said article. (b) (Deleted by amendment, L. 96, p. 258, § 7, effective July 1, 1996.) (2) Standards prescribed by such rules are restricted to: (a) The operation and conduct of the facility or agency and the responsibility it assumes for child care; (b) The character, suitability, and qualifications of the applicant for a license and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the licensee has ever been the subject of a negative licensing action; (c) The general financial ability and competence of the applicant for a license to provide necessary care for children and to maintain prescribed standards; (d) The number of individuals or staff required to insure adequate supervision and care of children served; (e) The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of children served; (f) Keeping of records for food, clothing, equipment, and individual supplies; (g) Provisions to safeguard the legal rights of children served; (h) Maintenance of records pertaining to the admission, progress, health, and discharge of children; Colorado Revised Statutes 2019 Page 265 of 490 Uncertified Printout (i) Filing of reports with the department; (j) Discipline of children; (k) Standards for the short-term confinement of a child in defined emergency situations. An emergency situation means any situation where the child is determined to be a danger to himself or others and to be beyond control, all other reasonable means to calm the child have failed, and the child's welfare or the welfare of those around the child demand that the child be confined for a period not to exceed two hours. Standards for such short-term confinement shall include: (I) Definition of emergency purposes for the short-term confinement in accordance with this paragraph (k); (II) Duration and frequency of the confinement; (III) Facility staff requirements; (IV) Criteria for the short-term placement of a child in the short-term confinement room; (V) Documentation and review of the confinement; (VI) Review and biannual inspection by the department of the short-term confinement facility; (VII) Physical requirements for the short-term confinement room; (VIII) Certification or approval from the department prior to the establishment of the short-term confinement room; (IX) A neutral fact finder to determine if the child's situation merits short-term confinement; (X) At a minimum, a fifteen minute checking and review by staff of a child placed in short-term confinement; (XI) Review by staff of any confinement subsequent to each period of such confinement; (XII) Daily review of the use of the short-term confinement rooms; and (XIII) Revocation or suspension of licensure for failure to comply with the standards set forth in this paragraph (k). (l) Standards for security in secure residential treatment centers and residential child care facilities provided through the physical environment and staffing. Such standards shall include, but not be limited to, the following: (I) Locked doors; (II) Fencing; (III) The staff requirements to ensure security; (IV) Inspections; (V) Physical requirements for program space and for secure sleeping of the residents in the secure residential treatment center or residential child care facility; (VI) Other security considerations that are necessary to protect the residents of the secure residential treatment center or residential child care facility or the public. (m) Standards for the appropriateness, safety, and adequacy of transportation services of children to and from child care centers; (n) Except as provided for in paragraph (n.5) of this subsection (2), provisions that ensure that family child care homes, foster care homes, and child care centers verify, in accordance with part 9 of article 4 of title 25, C.R.S.,that each child has received appropriate immunizations against contagious diseases as follows: Colorado Revised Statutes 2019 Page 266 of 490 Uncertified Printout (I) Children up to twenty-four months of age shall be required to be immunized in accordance with the "Infant Immunization Act", part 17 of article 4 of title 25, C.R.S.; (II) Children over twenty-four months of age shall be required to be immunized in accordance with part 9 of article 4 of title 25, C.R.S.; (n.5) Provisions that allow any child care center that allows any child to enroll and attend the center on a short-term basis of up to fifteen days in a fifteen-consecutive-day period, no more than twice in a calendar year, with each fifteen-consecutive-day period separated by at least sixty days, to do so without obtaining verification of immunization for that child, as provided for in section 25-4-902, C.R.S. Any child care center that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this paragraph (n.5) shall provide notification to all parents that the child care center allows children to enroll and attend on a short-term basis without obtaining proof of immunization. (o) Standards for adoption agencies that may include but need not be limited to: (I) Specific criteria and minimum credentials, qualifications, training, and education of staff necessary for each of the types of adoption for which an applicant may seek to be licensed, including but not limited to: (A) Traditional adoptions with adopting parents who are unknown; (B) Family adoptions, including stepparent and grandparent adoptions; (C) Interstate adoptions; (D) International adoptions; (E) Identified or designated adoptions; and (F) Special needs adoptions; (II) The continuing education requirements necessary to maintain the adoption agency's license, taking into account the type and specialty of such agency's license; (III) The operation and conduct of the agency and the responsibility it assumes in adoption cases; (IV) The character, suitability, and qualifications of the applicant for a license and for all direct service staff employed or contracted with by the agency; (V) The general financial ability and competence of the applicant for license, either original or renewal, to provide necessary services for the adoption of children and to maintain prescribed standards; (VI) Proper maintenance of records; and (VII) Provisions to safeguard the legal rights of children served; (p) Rules governing different types of family child care homes, as that term is defined in section 26-6-102 (13), as well as any other types of family child care homes that may by necessity be established by rule of the state board; (q) (I) Standards for the training of foster care parents, which shall include, at a minimum: (A) Twenty-seven hours of initial training, consisting of at least twelve hours of training prior to the placement of a child and completion of the remaining training within three months after such placement; (B) Twenty hours per year of continuing training for foster care parents; (C) In addition to the hours described in sub-subparagraph (B) of this subparagraph (I), twelve hours per year for foster care parents providing therapeutic foster care; and Colorado Revised Statutes 2019 Page 267 of 490 Uncertified Printout (D) Training concerning individualized education programs as defined in section 22-20103 (15), C.R.S. The departments of human services and education shall ensure coordination between local county departments of human or social services and local school districts or administrative units to make such training available upon the request of a foster parent. (II) The training described in subparagraph (I) of this paragraph (q) may include, but shall not be limited to, in-home training. (III) The department shall consult with county departments and child placement agencies in prescribing such standards in order to insure a more uniform application throughout the state. (IV) The hours of training prior to the placement of a child that is described in subsubparagraph (A) of subparagraph (I) of this paragraph (q) may be completed within four months after such placement if such placement was an emergency placement, as such term shall be defined by rule of the state board. (r) Initial and ongoing training of providers of foster care services in facilities licensed and certified pursuant to this part 1, including orientation and prelicensing training for child placement agency staff; (s) Standards for the training of providers of cradle care home services that shall be substantially similar to the training required of adoptive parents prior to adopting an infant, including ongoing training hours appropriate to the services provided. (3) Any applicant or person licensed to operate a child care facility or agency under the provisions of this part 1 has the right to appeal any standard that, in his or her opinion, works an undue hardship or when, in his or her opinion, a standard has been too stringently applied by representatives of the department. The department shall designate a panel of persons representing various state and local governmental agencies with an interest in and concern for children to hear such appeal and to make recommendations to the department. The membership of the appeals review panel shall include, but need not be limited to, a representative from child care providers, a representative from a local early childhood council or local child care resource and referral agency, a state-level early childhood representative with early care and education expertise, and a parent representative. All members to the appeals review panel shall be appointed by the executive director or his or her designee and shall serve terms of no more than three years. Representatives to the appeals review panel may serve successive terms. (4) The state board may promulgate rules to regulate the operation of out-of-home placement provider consortia. The regulation shall not include licensure of out-of-home placement provider consortia. (5) The state board shall promulgate rules to define the requirements for licensure for a licensed host family home serving homeless youth pursuant to the "Homeless Youth Act", article 5.7 of this title. (6) (a) A county director of human or social services, or his or her designee, may approve, at his or her discretion, a waiver of non-safety licensing standards for kinship foster care. A waiver may only be approved if: (I) It concerns non-safety licensing standards, as set forth by rule of the state board pursuant to paragraph (d) of this subsection (6); (II) The safety and well-being of the child or children receiving care is not compromised; and (III) The waiver request is in writing. Colorado Revised Statutes 2019 Page 268 of 490 Uncertified Printout (b) In addition to an approved waiver of non-safety licensing standards, a county director of human or social services, or his or her designee, may limit or restrict a license issued to a kinship foster care entity or require that entity to enter into a compliance agreement to ensure the safety and well-being of the child or children in that entity's care. (c) A kinship foster care entity may not appeal a denial of a waiver requested pursuant to paragraph (a) of this subsection (6). (d) The state board shall promulgate rules concerning the waiver of non-safety licensing standards for kinship foster care. The rules shall include, but need not be limited to, a listing of non-safety licensing standards that may not be waived and circumstances in which waivers do not apply. The state board shall also define by rule the meaning of "kinship foster care" for the purposes of this subsection (6). Source: L. 67: p. 1042, § 3. C.R.S. 1963: § 119-8-6. L. 81: (2)(k) added, p. 1034, § 11, effective July 1. L. 89: (1) amended and (2)(l) added, pp. 1220, 1221, §§ 3, 4, effective May 26. L. 90: (1) amended and (2)(m) added, pp. 1398, 1399, §§ 11, 12, effective May 24. L. 94: (3) amended, p. 2705, § 269, effective July 1; (2)(n) added and (3) amended, p. 1046, §§ 6, 7, effective January 1, 1995. L. 96: (1)(a) and (3) amended, p. 808, § 7, effective May 23; (1), (2)(b), (2)(c), IP(2)(l), (2)(l)(V), (2)(l)(VI), and IP(2)(n) amended and (2)(o) added, p. 258, § 7, effective July 1. L. 99: (2)(b) amended, p. 1035, § 2, effective May 29. L. 2000: (2)(p) added, p. 39, § 6, effective May 14. L. 2001: (2)(q) and (2)(r) added, p. 740, § 4, effective June 1. L. 2003: (4) added, p. 558, § 2, effective March 7; (2)(q)(I)(C) amended, p. 1877, § 6, effective May 22. L. 2006: (2)(s) added, p. 729, § 6, effective August 7. L. 2009: (2)(q)(I)(C) amended and (2)(q)(I)(D) added, (HB 09-1078), ch. 28, p. 119, § 1, effective August 5. L. 2011: (5) added, (HB 11-1079), ch. 83, p. 226, § 7, effective August 10. L. 2012: (3) amended, (HB 121276), ch. 185, p. 702, § 2, effective May 18; (6) added, (HB 12-1047), ch. 42, p. 145, § 1, effective August 8. L. 2016: (2)(p) amended, (SB 16-189), ch. 210, p. 782, § 77, effective June 6; IP(2) and IP(2)(n) amended and (2)(n.5) added, (HB 16-1425), ch. 308, p. 1240, § 3, effective June 10. L. 2018: IP(6)(a) and (6)(b) amended, (SB 18-092), ch. 38, p. 449, § 126, effective August 8. Editor's note: Amendments to subsection (3) by Senate Bill 94-107 and House Bill 941029 were harmonized. Amendments to subsection (1) by House Bill 96-1006 and House Bill 96-1180 were harmonized. Cross references: For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 26-6-106.1. Administration or monitoring of medications to persons - residential child care facilities. The executive director has the power to direct the administration or monitoring of medications to persons in facilities pursuant to section 25-1.5-301 (2)(e), C.R.S. Source: L. 92: Entire section added, p. 1157, § 11, effective July 1. L. 2003: Entire section amended, p. 713, § 51, effective July 1. Colorado Revised Statutes 2019 Page 269 of 490 Uncertified Printout 26-6-106.3. Certification and annual recertification of foster care homes by county departments and licensed child placement agencies - background and reference check requirements - definitions. (1) This section applies to foster care homes, including kinship foster care homes, certified by county departments or licensed child placement agencies. Except as otherwise provided in subsection (4) of this section, this section does not apply to foster care homes that are licensed by the state department pursuant to the requirements of section 26-6-104 and that do not receive moneys from the counties or children placed by the counties. A foster care home licensed by the state department must undergo all of the background checks and requirements set forth in section 26-6-104 or as otherwise stated in this part 1. (2) A person operating a foster care home shall obtain a certificate to operate the home from a county department or a child placement agency licensed under the provisions of this part 1. A certificate is considered a license for the purpose of this part 1, including but not limited to the investigation and criminal history background checks required under this section and section 26-6-107. Each certificate must be in the form prescribed and provided by the state department, certify that the person operating the foster care home is a suitable person to operate a foster care home or provide care for a child, and contain any other information as the state department requires. A child placement agency issuing or renewing any such certificate shall notify the state department about the certification in a method and time frame as set by rule adopted by the state board. (3) A foster care home, when certified by a county department or child placement agency, may receive for care a child from a source other than the certifying county department or child placement agency upon the written consent and approval of the certifying county department or child placement agency. (4) A county department or licensed child placement agency may certify a facility as a foster care home that is also licensed as a family child care home by the state department so long as the licensure and certification are provided by two separate licensing entities. (5) Prior to issuing a certificate or a recertification to an applicant to operate a foster care home, a county department or a child placement agency licensed under the provisions of this part 1 shall conduct the following background checks for the applicant for a certificate, a person employed by the applicant, or a person who resides at the facility or the home: (a) A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine if the applicant, employee, or a person who resides at the facility or the home has been convicted of: (I) Child abuse, as specified in section 18-6-401, C.R.S.; (II) A crime of violence, as defined in section 18-1.3-406, C.R.S.; (III) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; (IV) A felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; (V) A felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a certificate; (VI) A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years immediately preceding the date of submission of the application; or Colorado Revised Statutes 2019 Page 270 of 490 Uncertified Printout (VII) Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subparagraphs (I) to (VI) of this paragraph (a); (b) A check of the ICON system at the state judicial department to determine the status or disposition of any criminal charges brought against the applicant, employee, or a person who resides at the facility or the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation; (c) A check of the state department's automated database for information to determine if the person, employee, or person who resides at the facility or the home has been identified as having a finding of child abuse or neglect and whether such finding has been determined to present an unsafe placement for a child; and (d) A check against the state's sex offender registry and against the national sex offender public registry operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if the applicant, employee, or person who resides at the facility or the home is a registered sex offender. (e) When the results of a fingerprint-based criminal history record check or any other records check performed pursuant to this subsection (5) reveal a record of arrest without a disposition, the county department or child placement agency shall require the person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). (6) A county department or a child placement agency licensed under the provisions of this part 1 shall not issue a certificate to operate, or a recertification to operate, a foster care home and shall revoke or suspend a certificate if the applicant for the certificate, a person employed by the applicant, or a person who resides at the facility or home: (a) Has been convicted of any of the crimes listed in subsection (5)(a) of this section as verified through a fingerprint-based criminal history record check, a name-based criminal history record check, if necessary, and a check of the ICON system at the state judicial department; (b) Has been identified as having a finding of child abuse or neglect through a check of the state department's automated database and such finding has been determined to present an unsafe placement for a child; (c) Is a registered sex offender in the sex offender registry created pursuant to section 16-22-110, C.R.S., or is a registered sex offender in another state as determined by a check of the national sex offender public registry operated by the United States department of justice; except that this provision does not apply to an adult resident who has been placed in the foster care facility or home for treatment under an adult child waiver. The sex offender registry checks must check the known names and addresses of the applicant, employee, or a person who resides at the facility or the home in the interactive database system for Colorado and in the national sex offender public registry against all of the registrants' known names and addresses. (7) For purposes of this section, "convicted" means a conviction by a jury or by a court and includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, or a plea of guilty or nolo contendere; except that this does not apply to a diversion or deferral or plea for a juvenile who participated in diversion, as defined in section 19-1-103 (44), C.R.S., and does not apply to a diversion or Colorado Revised Statutes 2019 Page 271 of 490 Uncertified Printout deferral or plea for a person who participated in and successfully completed the child abuse and child neglect diversion program as described in section 19-3-310, C.R.S. (8) (a) The convictions identified in paragraph (a) of subsection (5) of this section and paragraph (a) of subsection (6) of this section must be determined according to the records of the Colorado bureau of investigation or the federal bureau of investigation and the ICON system at the state judicial department. The screening request in Colorado shall be made pursuant to section 19-1-307 (2)(k.5), C.R.S., rules promulgated by the state board pursuant to section 19-3313.5, C.R.S., and 42 U.S.C. sec. 671 (a)(2). A certified copy of the judgment of a court of competent jurisdiction of the conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of a conviction or agreement. (b) The county department or child placement agency must not issue a certificate to operate a foster care home or a kinship foster care home if the state department or the county department has a certified court order from another state indicating that the person applying for the certificate: (I) Has been convicted of child abuse or any unlawful sexual offense against a child under a law of any other state or the United States, the elements of which are substantially similar to the elements of any of the offenses described in subparagraphs (I) to (VI) of paragraph (a) of subsection (5) of this section; or (II) Has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child, the elements of which are substantially similar to the elements of any of the offenses described in subparagraphs (I) to (VI) of paragraph (a) of subsection (5) of this section. (9) Notwithstanding any other provision of this part 1, a person shall not operate a foster care home that is certified by a county department or by a child placement agency if he or she is a relative of any employee of the child welfare division or unit of the county department certifying the foster care home or a relative of any owner, officer, executive, member of the governing board, or employee of the child placement agency certifying the foster care home. If the person files an application with a county department or a child placement agency that would violate the provisions of this subsection (9) by certifying the foster care home, the county department or child placement agency shall refer the application to another county department or to a child placement agency. Unless otherwise prohibited, the county department or child placement agency to which the application was referred may certify and supervise a foster care home operated by the person. The county department that referred the application may place a child in the county-certified foster care home upon written agreement of the two county departments. (10) Notwithstanding any other provision of this part 1, an owner; officer; executive; member of the governing board; employee of a child placement agency licensed pursuant to this part 1; or any relative of said owner, officer, executive, member, or employee shall not hold a beneficial interest in any property operated or intended to be operated as a foster care home, when the property is certified by the child placement agency as a foster care home. (11) A county department or licensed child placement agency may issue a one-time provisional certificate for a period of six months to an applicant for an original certificate that permits the applicant to operate a foster care home if the applicant is temporarily unable to conform to all standards required under this part 1 upon proof by the applicant that he or she is Colorado Revised Statutes 2019 Page 272 of 490 Uncertified Printout attempting to conform to such standards or to comply with any other requirements. The applicant has a right to appeal to the state department any standard that the applicant believes presents an undue hardship or has been applied too stringently by the county department or licensed child placement agency. Upon the filing of an appeal, the state department shall proceed in the manner prescribed for licensee appeals in section 26-6-106 (3). Source: L. 2015: Entire section added, (SB 15-087), ch. 263, p. 1004, § 4, effective June 2. L. 2019: (5)(e) added and (6)(a) amended, (HB 19-1166), ch. 125, p. 556, § 46, effective April 18. Editor's note: The provisions of this section are similar to § 26-6-104 (1)(b)(II), (1)(b)(III), (1)(b)(IV), and (1)(d), as they existed prior to 2015. 26-6-106.5. Foster care - kinship care - rules applying generally - rule-making. (1) No later than January 1, 2016, the state board shall promulgate rules that apply to foster care generally, regardless of whether the foster care is provided by a foster care home certified by a county department or by a child placement agency, and to kinship care, including kinship foster care. The state board shall develop the rules in consultation with the state department, county departments, child placement agencies, and others with expertise in the development of rules regarding foster care. (2) At a minimum, the rules described in subsection (1) of this section must include the following: (a) Using the state department's automated database, the procedures for notifying all county departments and child placement agencies that place children in foster care when the state department has identified a confirmed report of child abuse or neglect, as defined in section 19-1-103 (27), C.R.S., that involves a foster care home, as well as the suspension of any further placements in the foster care home until the investigation is concluded; (b) The immediate notification of a child's guardian ad litem upon the child's placement in a foster care home, and the provision of the guardian ad litem's contact information to the foster parents; (c) A requirement that all county departments and all child placement agencies that place children in foster care conduct and document that all of the background checks specified in section 26-6-106.3 (5) and (6) have been completed for any person applying to provide foster care, any person employed by the applicant to work in a foster care facility, and any adult resident of the foster care home prior to placing a child in foster care with that person; (d) A list of actions a county department or child placement agency must take if a disqualifying factor is found during any of the background checks specified in section 26-6106.3 (5) and (6) and section 19-3-406 (4) and (4.5), C.R.S.; (e) A list of sanctions the state department may place upon a county department or child placement agency if the required background checks for foster care homes are not completed or documented, including fines or disciplinary actions; (f) Requirements that foster care homes must be recertified annually, including rules setting forth the procedural requirements associated with certification and recertification. The rules must include requirements that the certifying entity shall perform an on-site visit to each foster care home applying for certification or recertification and must require inspections of the Colorado Revised Statutes 2019 Page 273 of 490 Uncertified Printout entire premises of the foster care home, including sleeping areas, as well as other assessments of the foster care home. Only one county department or child placement agency shall certify a foster care home at any one time. The rules must also specify a time frame for notification and the method for a child placement agency issuing or renewing a certificate to operate a foster care home to notify the state department about any certification. (g) Rules that govern the health assessment of foster care parents by a licensed health care professional that require a written evaluation of the person's physical and mental ability to care for foster children. If, in the opinion of the licensed health care professional or the assessment worker, an emotional or psychological condition exists that would have a negative impact on the care of foster children, the issuance of a certificate shall be conditioned upon the satisfactory report of a licensed mental health practitioner. (h) The communication requirements that must be followed between two entities that license and certify the same facility as a foster care home and as a family child care home as set forth in section 26-6-106.3 (4). (3) The state department shall review the current address verification practices and policies in other states for checking the prior addresses of persons who apply to be foster care providers or kinship foster care providers and of adults who reside in the foster care home or kinship foster care home. After conducting such review, the state department shall recommend to the state board whether rules and standards should be adopted for verification of addresses of such persons by county departments and child placement agencies. Source: L. 2003: Entire section added, p. 1873, § 1, effective May 22. L. 2015: Entire section amended, (SB 15-087), ch. 263, p. 1008, § 5, effective June 2. 26-6-107. Investigations and inspections - local authority - reports - rules. (1) (a) (I) (A) The state department shall investigate and pass on each original application for a license, each application for a permanent or time-limited license following the issuance of a probationary or provisional license, and each application for renewal, to operate a facility or an agency prior to granting such license or renewal. As part of such investigation, the state department shall require each individual, including but not limited to the applicant, any owner, employee, newly hired employee, licensee, and any adult who is eighteen years of age and older who resides in the licensed facility to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the state department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-104 (7) or any other felony. The state board shall promulgate rules that define and identify what the criminal history record check entails. (B) Rules promulgated by the state board pursuant to this subsection (1)(a)(I) must allow an exemption from the fingerprint-based criminal history record check and the check of the records and reports of child abuse or neglect maintained by the state department for those out-ofstate employees working in Colorado at a children's resident camp in a temporary capacity for a camp that is in operation for fewer than ninety days. Each person so exempted from fingerprinting and the check of the records and reports of child abuse or neglect maintained by the state department shall sign a statement that affirmatively states that he or she has not been convicted of any charge of child abuse, unlawful sexual offense, or any felony. Prospective employers of such exempted persons shall conduct reference checks of the prospective Colorado Revised Statutes 2019 Page 274 of 490 Uncertified Printout employees in order to verify previous work history and shall conduct personal interviews with each such prospective employee. (C) Rules promulgated by the state board pursuant to this subsection (1)(a)(I) must require the fingerprint-based criminal history record check in all circumstances, other than those identified in subsection (1)(a)(I)(B) or (1)(a)(I)(C.7) of this section, to include a fingerprintbased criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation and, for any new owner, new applicant, newly hired employee, new licensee, or individual who begins residing in the licensed facility. As part of the investigation, the records and reports of child abuse or neglect maintained by the state department must be accessed to determine whether the owner, applicant, employee, newly hired employee, licensee, or individual who resides in the licensed facility being investigated has been found to be responsible in a confirmed report of child abuse or neglect. Information is made available pursuant to section 19-1-307 (2)(j) and rules promulgated by the state board pursuant to section 19-3-313.5 (4). Except as provided for in subsection (1)(a)(I)(C.7) of this section, any change in ownership of a licensed facility or the addition of a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided for in this section. (C.5) (Deleted by amendment, L. 2011, (HB 11-1145), ch. 163, p. 562, § 3, effective August 10, 2011.) (C.7) Where two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district, a fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the department, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for any individual for whom such a check is required under this part 1 may satisfy the record check requirement for any other licensed facility under the same common ownership group or school district. A new fingerprint-based criminal history record check or new check of the records and reports of child abuse or neglect maintained by the department is not required of such an individual if the common ownership group or school district maintains a central records management system for employees of all its licensed facilities; takes action as required pursuant to section 26-6-104 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the department that requires action pursuant to this part 1; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control. (D) The state board shall promulgate rules to implement this subparagraph (I). (I.5) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of this section must also include: (A) A comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the state department determines is appropriate for each circumstance in which the CBI fingerprint check either does not confirm a criminal history or confirms a criminal history, in order to determine the crime or crimes for which the person was arrested or convicted and the disposition thereof; (B) Any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the state board; and Colorado Revised Statutes 2019 Page 275 of 490 Uncertified Printout (C) When the results of an investigation performed pursuant to subsection (1)(a)(I) of this section or this subsection (1)(a)(I.5) reveal a record of arrest without a disposition, a namebased criminal history record check, as defined in section 22-2-119.3 (6)(d). (II) If the operator of a facility or agency refuses to hire an applicant as a result of information disclosed in the investigation of the applicant pursuant to subparagraph (I) of this paragraph (a), the employer shall not be subject to civil liability for such refusal to hire. If a former employer of the applicant releases information requested by the prospective employer pertaining to the applicant's former performance, the former employer shall not be subject to civil liability for the information given. (a.5) An applicant for certification as a foster care home shall provide the child placement agency or the county department from whom the certification is sought with a list of all the prior child placement agencies and county departments to which the applicant had previously applied, and a release of information from such child placement agencies and county departments to which the applicant had previously applied, to obtain information about the application and any certification given by such child placement agencies and county departments. A child placement agency or county department from whom the certification is sought shall conduct a reference check of the applicant and any adult resident of the foster care home by contacting all of the child placement agencies and county departments identified by the applicant before issuing the certification for that foster care home. Child placement agencies and county departments shall be held harmless for information released, in good faith, to other child placement agencies or county departments. (a.7) (I) For all applicants applying to be a foster care home or kinship foster care home, regardless of reimbursement, the county department or child placement agency shall require each adult who is eighteen years of age or older and who resides in the home to obtain a fingerprintbased criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation. The applicant must provide the county department or child placement agency with the addresses where the applicant and any adult residing in the home has lived in the preceding five years, including addresses from other states. The county department or the child placement agency shall conduct the following background checks of the applicant or an adult residing in the home: (A) A fingerprint-based criminal history record check to determine if the applicant or adult residing in the home has been convicted of any of the crimes listed in section 26-6-106.3 (5)(a); (B) A check of the ICON system at the state judicial department to determine the status or disposition of any pending criminal charges brought against the applicant or adult who resides in the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation; (C) A check of the state department's automated database for information to determine if the applicant or adult who resides in the home has been identified as having a finding of child abuse or neglect and whether such finding has been determined to present an unsafe placement for a child; (D) A check against the state's sex offender registry and against the national sex offender public registry operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if the applicant or adult who resides at the home is a registered sex offender; and Colorado Revised Statutes 2019 Page 276 of 490 Uncertified Printout (E) When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (1)(a.7)(I) reveal a record of arrest without a disposition, a namebased criminal history record check, as defined in section 22-2-119.3 (6)(d). (II) In addition to the fingerprint-based criminal history record check, the county department or child placement agency shall contact the appropriate entity in each state in which the applicant or any adult residing in the home has resided within the preceding five years to determine whether the individual has been found to be responsible in a confirmed report of child abuse or neglect. (III) The screening request in Colorado for criminal history record checks through the Colorado bureau of investigation and the federal bureau of investigation shall be made pursuant to section 19-1-307 (2)(k.5), C.R.S., rules promulgated by the state board pursuant to section 193-313.5, C.R.S., and 42 U.S.C. sec. 671 (a)(20). (IV) An investigation pursuant to this paragraph (a.7) shall be conducted for any new resident adult whenever the adult is added to the foster care home or kinship care home. Information obtained from any state records of abuse or neglect shall not be used for any purpose other than conducting the investigation for placement or certification. (b) (I) When the state department, county department, or child placement agency is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children under the requirements of this part 1 and that standards are being met and will be complied with, it shall issue the license for which applied. The state department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26-6-106 and the rules of the state department or that otherwise appear to be placing children at risk. The state department may make such other inspections as it deems necessary to ensure that the requirements of this article are being met and that the health, safety, and welfare of the children being placed are protected. If, as a result of an inspection of a certified foster care home, the state department determines that any child residing in such foster care home is subject to an immediate and direct threat to his or her safety and welfare as defined by rules promulgated by the state board or that a substantial violation of a fundamental standard of care warrants immediate action, the state department may require a county department to immediately remove such child from the foster care home. (II) The state board shall adopt rules concerning the on-site public availability of the most recent inspection report results of child care center facilities and family child care home facilities, when requested. The state board shall also adopt rules concerning a requirement that all facilities licensed under this part 1 post their licenses and information regarding the procedures for filing a complaint under this part 1 directly with the state department, which rules shall require that each such facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility; except that such rules shall not require foster care homes to post their licenses and such rules shall not require foster care homes and child placement agencies to post information regarding the procedures for filing a complaint under this part 1 directly with the state department. The state board shall adopt rules requiring foster care homes to make their licenses available to their patrons for inspection, upon request, and requiring foster care homes and child placement agencies to make the Colorado Revised Statutes 2019 Page 277 of 490 Uncertified Printout information concerning the filing of complaints available to their patrons for inspection, upon request. (III) If, as a result of an inspection of a licensed child care center facility or family child care home facility, the state department determines that there were no serious violations of any of the standards prescribed and published by the state department or any of the provisions of this part 1, within twenty days after completing the inspection the state department shall send a written notice to such facility indicating such fact. Within ten days after receipt of such written notice, the licensee shall provide a copy of the written notice to the parents and legal guardians of the children cared for at the child care center facility or family child care home facility. (1.5) Repealed. (2) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), the state department may authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original or renewal license or applying for a permanent license following the issuance of a probationary or provisional license under this part 1 and may accept reports on such investigations and inspections from such agencies or organizations as a basis for such licensing. When contracting for investigations and inspections, the state department shall assure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected. (II) The state department shall not authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children for investigations and inspections described in subparagraph (I) of this paragraph (a) of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 1. (b) A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed under this part 1 than the standards and requirements specified under this part 1. (3) Every facility licensed under this part 1 shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health, and discharge of children under the care of the facility, and shall report relative thereto to the department whenever called for, upon forms prescribed by the department. All records regarding children and all facts learned about children and their relatives shall be kept confidential both by the facility and the department. (4) Within available appropriations, the state department shall monitor, on at least a quarterly basis, the county department certification of foster care homes. Source: L. 67: p. 1043, § 3. C.R.S. 1963: § 119-8-7. L. 77: (1) amended, p. 1360, § 3, effective June 1. L. 83: (1) amended, p. 1131, § 3, effective May 25. L. 86: (1) amended, p. 1002, § 3, effective May 28. L. 90: (1)(a) R&RE and (2) amended, pp. 1390, 1391, §§ 5, 6, effective May 4. L. 93: (1)(a)(I) amended, p. 872, § 1, effective May 6. L. 96: (1)(b), (2), and (3) amended, p. 808, § 8, effective May 23; (1)(a)(I), (1)(b), and (2) amended and (1.5) added, p. 260, § 8, effective July 1. L. 99: (1)(a)(I) and (1)(b) amended and (1)(a.5) added, pp. 1201, 1202, §§ 5, 6, effective June 2. L. 2000: (1)(a)(I) amended, p. 39, § 7, effective May 14; (1)(b)(I) amended, p. 1260, § 2, effective May 26. L. 2001: (1)(a)(I) amended and (1)(a)(I.5) added, p. Colorado Revised Statutes 2019 Page 278 of 490 Uncertified Printout 615, § 8, effective May 30; (1)(a)(I), (1)(a.5), (1)(b), and (2) amended, p. 747, § 14, effective June 1. L. 2002: (1)(b)(II) amended, p. 15, § 1, effective March 13. L. 2003: (1)(b)(I) and (2) amended and (4) added, p. 1876, § 4, effective May 22; (1.5) repealed, p. 855, § 3, effective August 6; (1)(a)(I) amended, p. 1410, § 19, effective January 1, 2004. L. 2006: (1)(a)(I)(A) and (1)(a)(I)(B) amended, p. 730, § 7, effective August 7. L. 2007: (1)(a.7) added, p. 1020, § 12, effective May 22. L. 2010: (1)(a)(I)(C) amended and (1)(a)(I)(C.5) added, (HB 10-1106), ch. 278, p. 1271, § 1, effective May 26. L. 2011: (1)(a)(I)(C) amended and (1)(a)(I)(C.7) added, (HB 11-1102), ch. 29, p. 72, § 1, effective March 18; (1)(a)(I)(C) and (1)(a)(I)(C.5) amended, (HB 11-1145), ch. 163, p. 562, § 3, effective August 10. L. 2015: (1)(a.5) and (1)(a.7) amended, (SB 15-087), ch. 263, p. 1010, § 6, effective June 2. L. 2017: (1)(a)(I)(C.7) amended, (HB 171135), ch. 53, p. 165, § 1, effective August 9. L. 2019: (1)(a)(I.5), (1)(a.7)(I)(C), and (1)(a.7)(I)(D) amended and (1)(a.7)(I)(E) added, (HB 19-1166), ch. 125, p. 556, § 47, effective April 18; (1)(a)(I)(A), (1)(a)(I)(B), and (1)(a)(I)(C) amended, (SB 19-177), ch. 311, p. 2811, § 2, effective August 2. Editor's note: Amendments to subsections (1)(b) and (2) by House Bill 96-1006 and House Bill 96-1180 were harmonized. Amendments to subsection (1)(a)(I) by Senate Bill 01-012 and Senate Bill 01-032 were harmonized. Amendments to subsection (1)(a)(I)(C) by House Bill 11-1102 and House Bill 11-1145 were harmonized. Cross references: For the legislative declaration and report to the general assembly contained in the 1990 act amending this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990. For the legislative declaration contained in the 2003 act amending subsection (1)(a)(I), see section 1 of chapter 196, Session Laws of Colorado 2003. 26-6-107.5. Response to complaints - addition of child care facility inspectors. (1) When the state department receives a serious complaint about a child care facility licensed pursuant to this part 1 alleging the immediate risk of health or safety of the children cared for in such facility, the state department shall respond to and conduct an on-site investigation concerning such complaint within forty-eight hours of its receipt. (2) (a) (I) The general assembly hereby finds that an audit completed by the state auditor's office in 1995 reported that the state department had not properly and timely carried out all of its child care facility licensing functions due to insufficient staff. The general assembly further finds that, in an effort to use the state department's limited child care resources more effectively and efficiently, it passed legislation in 1996 implementing a risk-based approach to inspecting and monitoring child care facilities in place of the mandatory biennial reviews of every facility. The general assembly finds that it was determined in a follow-up audit conducted by the state auditor's office in 1998, that the state department was still at least one month late in conducting inspections of approximately twenty-two percent of the child care facilities in Colorado. In addition, of those facilities assigned a high risk factor and thereby requiring inspections more frequently than every twelve months, twenty-six percent were at least three months past due. In evaluating the implementation of the risk-based approach to inspection and monitoring of child care facilities, the general assembly finds that the implementation of this approach has actually increased the state department's workload by approximately sixteen percent. Colorado Revised Statutes 2019 Page 279 of 490 Uncertified Printout (II) The general assembly further finds that a national study conducted by the center for career development in early care and education at Wheelock College concluded that Colorado's child care facility licensing staff had caseloads of approximately two hundred fifty child care centers per full-time equivalent employee and five hundred family child care homes per full-time equivalent employee. The general assembly finds that the caseloads of Colorado child care employees within the division greatly exceed the number of cases recommended by the national association for the education of young children, which organization has recommended that child care regulators' caseloads should not exceed seventy-five centers and large family homes per full-time equivalent employee. (III) The general assembly further finds that the insufficient number of child care facility inspectors puts children at risk particularly when serious complaints of an immediate nature concerning a child care facility are lodged with the state department and the department is unable to respond promptly and conduct an on-site investigation of the complaint. (IV) The general assembly hereby determines that the health and safety of the children of the state of Colorado in child care facilities is of utmost concern and importance to the state. The general assembly further finds that the timely and proper inspection of child care facilities and prompt responses to serious complaints about a child care facility are priorities and that, in order to facilitate such timely inspections and responses to complaints, the state department should be provided with the ability to contract with the necessary personnel needed to conduct the required inspections and investigations on a thorough and timely basis. Accordingly, the general assembly determines that it is in the best interests of the citizens of the state of Colorado that the number of persons contracted for and charged with the duty of inspecting, monitoring, and responding to complaints in child care facilities in the state of Colorado be increased. (b) For the purposes of conducting thorough and timely inspections of child care facilities licensed pursuant to this part 1 and for the purposes of providing sufficient inspectors to conduct prompt responses and investigations as directed in subsection (1) of this section when the state department receives a serious complaint against a child care facility licensed pursuant to this part 1, in fiscal year 2000-01, the number of inspectors shall be increased by eighteen contract inspectors from the number of inspectors in fiscal year 1999-2000. Source: L. 2000: Entire section added, p. 1258, § 1, effective May 26. 26-6-107.7. Revocation of certification of foster care home - emergency procedures due process. Notwithstanding any other provision of law to the contrary, a county department may act immediately to revoke the certification of a county-certified foster care home when the county department has reason to believe that a child residing in such foster care home is subject to an immediate and direct threat to his or her safety and welfare or when a substantial violation of a fundamental standard of care warrants immediate action. If the county department acts pursuant to this section, a due process hearing shall be held within five days after such action and conducted as such hearing would normally be conducted pursuant to article 4 of title 24, C.R.S. Source: L. 2001: Entire section added, p. 749, § 15, effective June 1; entire section added, p. 756, § 6, effective June 1. Colorado Revised Statutes 2019 Page 280 of 490 Uncertified Printout 26-6-108. Denial of license - suspension - revocation - probation - refusal to renew license - fines. (1) When an application for a license has been denied by the department, the department shall notify the applicant in writing of the denial by mailing a notice to him or her at the address shown on the application. Any applicant believing himself or herself aggrieved by the denial may pursue the remedy for review as provided in subsection (3) of this section if he or she, within thirty days after receiving the notice, petitions the department to set a date and place for hearing, affording him or her an opportunity to be heard in person or by counsel. All hearings on the denial of licenses shall be conducted in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S., as in the case of the suspension and revocation of licenses. (2) The department may deny an application, or suspend, revoke, or make probationary the license of any facility regulated and licensed under this part 1 or assess a fine against the licensee pursuant to section 26-6-114 should the licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility: (a) Be convicted of any felony, other than those offenses specified in section 26-6-104 (7), or child abuse, as specified in section 18-6-401, C.R.S., the record of conviction being conclusive evidence thereof, notwithstanding section 24-5-101, C.R.S., or have entered into a deferred judgment agreement or a deferred prosecution agreement to any felony, other than those offenses specified in section 26-6-104 (7), child abuse, as specified in section 18-6-401, C.R.S., or should the department have a certified court order from another state indicating that the applicant, licensee, person employed by the licensee, or any person residing with the licensee has been convicted of a felony, other than those offenses specified in section 26-6-104 (7), under a law of any other state or the United States or has entered into a deferred judgment agreement or a deferred prosecution agreement in another state as to a felony, other than those offenses specified in section 26-6-104 (7); or (a.5) Be convicted of third degree assault, as described in section 18-3-204, C.R.S., any misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S., the violation of a protection order, as described in section 18-6-803.5, C.R.S., any misdemeanor offense of child abuse as defined in section 18-6-401, C.R.S., or any misdemeanor offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in this paragraph (a.5). For purposes of this paragraph (a.5), "convicted" shall have the same meaning as set forth in section 26-6-104 (7)(a)(II); or (b) Be determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to part 3 or part 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a family child care home, foster care home, or child care center, the record of such determination and entry of such order being conclusive evidence thereof; or (c) Use any controlled substance, as defined in section 18-18-102 (5), C.R.S., including retail marijuana, or consume any alcoholic beverage during the operating hours of the facility or be under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility; or (c.5) Be convicted of unlawful use of a controlled substance as specified in section 1818-404, C.R.S., unlawful distribution, manufacturing, dispensing, sale, or possession of a Colorado Revised Statutes 2019 Page 281 of 490 Uncertified Printout controlled substance as specified in section 18-18-403.5, 18-18-405, or 18-18-405.5, C.R.S., or unlawful offenses relating to marijuana or marijuana concentrate as specified in section 18-18406, C.R.S.; or (d) Consistently fail to maintain standards prescribed and published by the department; or (e) Furnish or make any misleading or any false statement or report to the department; or (f) Refuse to submit to the department any reports or refuse to make available to the department any records required by it in making investigation of the facility for licensing purposes; or (g) Fail or refuse to submit to an investigation or inspection by the department or to admit authorized representatives of the department at any reasonable time for the purpose of investigation or inspection; or (h) Fail to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standards prescribed by the department of public health and environment and the department of human services or by ordinances or regulations applicable to the location of such facility; or (i) Willfully or deliberately violate any of the provisions of this part 1; or (j) Fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provision for personal care, medical services, clothing, and other essentials in the proper care of children; or (k) Be charged with the commission of an act of child abuse or an unlawful sexual offense, as specified in section 18-3-411 (1), C.R.S., if: (I) Such individual has admitted committing the act or offense and the admission is documented or uncontroverted; or (II) The administrative law judge finds that such charge is supported by substantial evidence; or (l) Admit to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensee in the licensed facility has committed an act of child abuse. For the purposes of this paragraph (l), "child abuse" has the same meaning as that ascribed to the term "abuse" or "child abuse or neglect" in section 19-1103 (1), C.R.S.; or (m) Be the subject of a negative licensing action; or (n) Misuse any public funds that are provided to any foster care home or any child placement agency that places or arranges for placement of a child in foster care for the purposes of providing foster care services, child placement services related to the provision of foster care, or any administrative costs related to the provision of such foster care services or such fostercare-related child placement services. The state board shall promulgate rules defining the term "misuse", which rules shall take into account similar definitions in federal law and may include references to relevant circulars of the federal office of management and budget. (2.2) The state department may deny an application to renew a license based on the grounds set forth in subsection (2) of this section. The denial is effective upon the expiration of the existing license. The existing license shall not continue in effect even though the applicant for renewal files a request for hearing or appeal. (2.3) The state department may deny an application for a child care facility license pursuant to this part 1 if such applicant is a relative affiliate of a licensee, as described in section Colorado Revised Statutes 2019 Page 282 of 490 Uncertified Printout 26-6-102 (1)(d), of a child care facility licensed pursuant to this part 1, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action. (2.4) The state department may deny an application for a child placement agency license pursuant to this part 1 if such applicant is a relative affiliate of a licensee, as described in section 26-6-102 (1)(d), of a child placement agency licensed pursuant to this part 1, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action. (2.5) (a) (I) The state department shall deny an application for a license under the circumstances described in section 26-6-104 (7). The state department shall revoke or suspend a license previously issued if: (A) The licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of any of the criminal offenses set forth in section 26-6-104 (7); or (B) The department has a certified court order from another state indicating that the licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted of, or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of a criminal offense under a law of any other state or of the United States that is similar to any of the criminal offenses set forth in section 26-6-104 (7); or (C) The licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to part 3 or part 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a family child care home, foster care home, or child care center, the record of such determination and entry of such order being conclusive evidence thereof. (II) For purposes of this paragraph (a), "convicted" means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere. (b) A certified copy of the judgment of a court of competent jurisdiction of such conviction or deferred judgment and sentence agreement, deferred prosecution agreement, deferred adjudication agreement, or a certified court order from another state indicating such an agreement from another state shall be prima facie evidence of such conviction or agreement. (2.6) The state department shall deny an application for an entity licensed under this article and shall revoke the license of an entity licensed under this article if the entity cultivates marijuana pursuant to the authority in section 16 of article XVIII of the state constitution. (2.7) The department may assess fines, pursuant to the provisions of section 26-6-114, against a licensee or a person employed by the licensee who willfully and deliberately or consistently violates the standards prescribed and published by the department or the provisions of this part 1. Colorado Revised Statutes 2019 Page 283 of 490 Uncertified Printout (2.9) The convictions identified in this section shall be determined according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26-6-107 (1)(a)(I.5). (3) The department shall suspend or revoke a license only in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S., and after a hearing thereon as provided in said article 4; except that all hearings under this part 1 shall be conducted by an administrative law judge of the department who shall render his or her recommendation to the executive director of the department of human services who shall render the final decision of the department, and no licensee shall be entitled to a right to cure any of the charges described in paragraph (a), (b), (c), or (k)(I) of subsection (2) of this section. No such hearing shall prevent or delay any injunctive proceedings instituted under the provisions of section 26-6-111. (4) The provisions of paragraph (c) of subsection (2) of this section shall not apply to foster care homes, unless such use or consumption impairs the licensee's ability to properly care for children. (5) Only upon the request of a county department, a child placement agency licensed pursuant to this part 1 that places or arranges for placement of a child in foster care may certify the home of a relative of the child placed therein as a foster care home. Source: L. 67: p. 1043, § 3. C.R.S. 1963: § 119-8-8. L. 73: pp. 529, 1224, §§ 73, 19. L. 74: (3) amended, p. 418, § 63, effective April 11. L. 75: (2)(b) amended, p. 1931, § 46, effective July 1. L. 82: (2)(c) amended, p. 255, § 15, effective May 3. L. 83: (2) and (3) amended, p. 1133, § 2, effective May 31. L. 86: (2)(a) and (2)(k)(II) amended and (2)(l) added, p. 1003, § 4, effective May 28. L. 87: (2)(k)(II) and (3) amended, p. 974, § 91, effective March 13; (2)(l) amended, p. 821, § 40, effective October 1. L. 91: (2)(b) amended, p. 1783, § 12, effective July 1. L. 94: (2)(h) amended, p. 2796, § 548, effective July 1. L. 96: IP(2), (2)(i), and (3) amended, p. 809, § 9, effective May 23; IP(2), (2)(a), (2)(b), (2)(h), and (3) amended and (2)(c.5) and (2.5) added, pp. 261, 263, §§ 9, 10, effective July 1. L. 98: (2)(l) amended, p. 831, § 60, effective August 5. L. 98: (2)(l) amended, p. 831, § 60, effective August 5. L. 99: IP(2) and (2)(l) amended and (2)(m) added, p. 1035, § 3, effective May 29; IP(2), (2)(c), and (2.5) amended and (2)(a.5), (2.7), and (4) added, pp. 1203, 1204, §§ 7, 8, effective June 2. L. 2001: (2.9) added, p. 616, § 9, effective May 30; (2.4), (2.5)(a)(II.5), and (5) added and IP(2.5)(a) amended, pp. 750, 741, §§ 16, 17, 5, effective June 1; (2.5)(a) amended and (2.5)(a)(II.5) added, p. 756, § 7, effective June 1; (2.3) added, p. 508, § 2, effective July 1. L. 2003: (2)(a.5) amended, p. 1017, § 31, effective July 1; (2)(l) and (2)(m) amended and (2)(n) added, p. 855, § 4, effective August 6. L. 2006: (1), IP(2), and IP(2.5)(a)(I) amended and (2.2) added, p. 730, § 8, effective August 7. L. 2010: (2)(b) and (2.5)(a)(I)(C) amended, (SB 10-175), ch. 188, p. 804, § 77, effective April 29; (2)(c.5) amended, (HB 10-1352), ch. 259, p. 1175, § 24, effective August 11. L. 2012: (2)(c) amended, (HB 12-1311), ch. 281, p. 1629, § 78, effective July 1. L. 2013: (2)(c) amended and (2.6) added, (SB 13-283), ch. 332, p. 1895, § 15, effective May 28. Editor's note: Amendments to subsections (2) and (3) by House Bill 96-1006 and House Bill 96-1180 were harmonized. Amendments to the introductory portion to subsection (2) by Senate Bill 99-152 and House Bill 99-1374 were harmonized. Colorado Revised Statutes 2019 Page 284 of 490 Uncertified Printout Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. 26-6-108.5. Notice of negative licensing action - filing of complaints. (1) (a) When a child care center facility or family child care home facility licensed pursuant to this part 1 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section 26-6-108 (2) and (2.7), it shall, within ten days after receipt of the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the child care center facility or family child care home facility. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1). (b) Within twenty days after receipt of the names and addresses of parents and legal guardians pursuant to paragraph (a) of this subsection (1), the department shall send a written notice to each such parent or legal guardian identifying the negative licensing action or the fine imposed and providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the children in the care of the facility. Such notice shall be sent to the parents and legal guardians by first-class mail. (c) The state board shall promulgate rules concerning the assessment of a fine against a licensee that is equal to the direct and indirect costs associated with the mailing of the notice described in paragraph (b) of this subsection (1) against the facility. (d) Nothing in this subsection (1) precludes the state department or a county department of human or social services from notifying parents of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 1 that could impact the health, safety, or welfare of a child cared for at the facility or home. (2) The state board shall promulgate rules requiring child care center facilities and family child care home facilities to provide written notice to the parents and legal guardians of the children cared for in such facilities of the procedures by which to file a complaint against the facility or an employee of the facility with the division of child care in the department. Such rules shall specify what information the notice shall contain, but shall require that the notice include the current mailing address and telephone number of the division of child care in the department. (3) The department shall track and record complaints made to the department that are brought against family child care homes and shall identify which complaints were brought against licensed family child care homes, as defined in section 26-6-102 (13), unlicensed family child care homes, or legally exempt family child care homes, as defined in section 26-6-102 (12). Source: L. 99: Entire section added, p. 1205, § 10, effective June 2. L. 2000: (3) added, p. 40, § 8, effective May 14. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 783, § 78, effective June 6. L. 2017: (3) amended, (SB 17-110), ch. 85, p. 263, § 2, effective August 9. L. 2018: (1)(d) amended, (SB 18-092), ch. 38, p. 449, § 127, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 285 of 490 Uncertified Printout 26-6-109. Advisory committee - sunset review - institutes. (1) (a) There is hereby created an advisory committee on licensing of child care facilities to advise and consult with the department in the administration and enforcement of this part 1. The committee shall consist of fifteen members to be appointed by the governor for terms of three years; except that, of the members first appointed, four shall be appointed for three years, four for two years, and three for one year. Thereafter, members shall be appointed for terms of three years except in the case of a vacancy that shall be filled for the remainder of the unexpired term. A member may be appointed to succeed himself or herself and may continue to serve on the committee beyond the end of his or her term until the governor appoints a successor. Members who have been appointed to fill the remainder of an unexpired term may be appointed to fill the succeeding full term. (b) The members of the advisory committee shall serve without compensation but shall be entitled to their reasonable traveling expenses incurred in the performance of their duties, which shall be paid as a part of the expenses of administering this part 1. (c) The committee shall consist of nine members who shall represent the various types of facilities licensed under the provisions of this part 1, four members representing various state and local governmental agencies with an interest in and concern for children, and two members at large who are parents, each having at least one child attending a facility licensed or certified under this part 1 at the time of such members' appointment. (d) A majority of the members of the committee shall constitute a quorum, the presence of which at any meeting thereof duly called by the department shall have full and complete power to act upon and resolve in the name of the committee any matter or question referred to it by the department. The committee, as soon after appointment as practicable, shall elect from among its members a chairman, a vice-chairman, and a secretary who shall hold office until their successors are elected. The chairman shall preside at all meetings of the committee, and the secretary shall make a record of the proceedings thereof that shall be preserved in the office of the department. All members of the committee shall be entitled to vote on any matter or question that properly comes before it. (e) Repealed. (2) The department is authorized to hold institutes and programs for licensees under this part 1 in order to assist in the improvement of standards and practices of facilities operated and maintained by licensees and in the more efficient and practical administration and enforcement of this part 1. In conducting such institutes and programs, the department may request the assistance of health, education, and fire safety officials. Source: L. 67: p. 1044, § 3. C.R.S. 1963: § 119-8-9. L. 68: p. 111, § 87. L. 86: (1)(e) added, p. 421, § 46, effective March 29; (1)(a) amended, p. 1003, § 5, effective May 28. L. 88: (1)(e)(I) amended, p. 318, § 14, effective April 14. L. 90: (1)(e) repealed, p. 334, § 24, effective April 3; (1)(c) amended, p. 1399, § 13, effective May 24. L. 94: (1)(c) amended, p. 2706, § 270, effective July 1; (1)(a) and (1)(c) amended, p. 1046, § 8, effective January 1, 1995. L. 96: Entire section amended, p. 810, § 10, effective May 23. L. 2009: (1)(a) amended, (HB 09-1297), ch. 118, p. 496, § 1, effective August 5. Editor's note: Amendments to subsection (1)(c) by Senate Bill 94-107 and House Bill 94-1029 were harmonized. Colorado Revised Statutes 2019 Page 286 of 490 Uncertified Printout Cross references: For the legislative declaration contained in one of the 1994 acts amending subsection (1)(c), see section 1 of chapter 345, Session Laws of Colorado 1994. 26-6-110. Acceptance of federal grants. The department is authorized to accept, on behalf of the state, any grants of federal funds made available for any purposes consistent with the provisions of this part 1. The executive director of the department, with the approval of the governor, has the power to direct the disposition of any such grants so accepted in conformity with the terms and conditions under which given. Source: L. 67: p. 1045, § 3. C.R.S. 1963: § 119-8-10. L. 96: Entire section amended, p. 811, § 11, effective May 23. 26-6-111. Injunctive proceedings. The department, in the name of the people of the state of Colorado, through the attorney general of the state, may apply for an injunction in any court of competent jurisdiction to enjoin any person from operating any facility without a license that is required to be licensed under this part 1. An injunction may also be requested by the appropriate county department through the county attorney or retained counsel. If it is established that the defendant has been or is so operating such facility, the court shall enter a decree enjoining said defendant from further operating such facility unless and until he obtains a license therefor. In case of violation of any injunction issued under the provisions of this section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceedings shall be in addition to and not in lieu of the penalty provided in section 26-6-112. Source: L. 67: p. 1045, § 3. C.R.S. 1963: § 119-8-11. L. 83: Entire section amended, p. 1135, § 3, effective May 31. L. 96: Entire section amended, p. 811, § 12, effective May 23. 26-6-112. Penalty. Any person violating any provision of this part 1 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 1 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than three hundred dollars nor more than five hundred dollars. Source: L. 67: p. 1045, § 3. C.R.S. 1963: § 119-8-12. L. 83: Entire section amended, p. 1135, § 4, effective May 31. L. 96: Entire section amended, p. 811, § 13, effective May 23. 26-6-113. Periodic review of licensing regulations and procedures. (1) The general assembly finds that changes in demographics and economic trends in Colorado have increased the need for high quality and affordable child care. The general assembly also recognizes that the provision of child care in this state and in the nation is a rapidly growing industry subject to many changes. The general assembly further finds that there is a need for continuing comprehensive review of the rules and regulations and the licensing procedures governing child care centers, family child care homes, and foster care homes that includes the adequate and full participation of parents, consumers, child care providers, and interested persons. The general assembly finds that such a review with the goal of identifying problems in the fragmentation and lack of uniformity of standards in the licensing process would benefit the state and result in Colorado Revised Statutes 2019 Page 287 of 490 Uncertified Printout improvements in the regulation of this industry that is so vital to the health and well-being of the state's children and citizens. (2) Beginning with fiscal year 1995-1996, an initial comprehensive rule and regulation review shall be conducted in conjunction with the performance audit required by section 26-6107 (1.5), and, at least every fifth fiscal year thereafter, a comprehensive review of the licensing rules and regulations for child care centers, family child care homes, and foster care homes and the procedures relating to and governing child care centers, family child care homes, and foster care homes shall be conducted by the department, including procedures for the review of backgrounds of employees and owners. In conducting such periodic review, the department shall consult with parents and consumers of child care, child care providers, the department of public health and environment, experts in the child care field, and other interested parties throughout the state. The periodic review shall include an examination of the rules and regulations applicable to child care centers, family child care homes, and foster care homes, the process of licensing such facilities, uniformity of standards or lack thereof in the licensing process, statewide standardization of investigations and enforcement of licensing by the department, duplication and conflicts in regulations, requirements, or procedures between the department and the department of public health and environment, and recommendations for streamlining and unifying the licensing process. Said review shall also include an examination of regulations and procedures regarding the general physical and mental health of employees and owners. At the conclusion of each review, the department shall report its findings and conclusions and its recommendations for administrative changes and for legislation to the state board, the advisory committee on licensing of child care facilities, and the executive director of the department of public health and environment. Source: L. 89: Entire section added, p. 1222, § 1, effective May 8. L. 94: (2) amended, p. 2796, § 549, effective July 1. L. 96: Entire section amended, p. 263, § 11, effective July 1; (2) amended, p. 1252, § 134, effective August 7. Editor's note: Amendments to this section by House Bill 96-1167 and House Bill 961006 were harmonized. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996. 26-6-114. Civil penalties - fines - child care cash fund - created. (1) In addition to any other penalty otherwise provided by law, any person violating any provision of this part 1 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 1 may be assessed a civil penalty of not more than one hundred dollars a day to a maximum of ten thousand dollars. (2) The amount of the civil penalties to be assessed pursuant to subsection (1) of this section shall be set in rules and regulations promulgated by the department. Colorado Revised Statutes 2019 Page 288 of 490 Uncertified Printout (3) Each day in which a person is in violation of any provision of this part 1 may constitute a separate offense. (4) The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S.; except that all hearings conducted pursuant to this section shall be before an administrative law judge of the department, who shall render his or her recommendation to the executive director of the department who shall render the final decision of the department. (5) The fines collected pursuant to this section, section 26-6-108 (2) and (2.7), and section 26-6-108.5 (1)(c) shall be transmitted to the state treasurer, who shall credit the same to the child care cash fund, which fund is hereby created in the state treasury. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. Moneys in the child care cash fund are hereby continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado. Source: L. 90: Entire section added, p. 1391, § 7, effective May 4. L. 96: (1) and (3) amended, p. 811, § 14, effective May 23; (4) amended, p. 264, § 12, effective July 1. L. 99: (5) added, p. 1204, § 9, effective June 2. Cross references: For the legislative declaration and report to the general assembly contained in the 1990 act enacting this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990. 26-6-115. Criminal background checks - pilot program. (Repealed) Source: L. 99: Entire section added, p. 1205, § 10, effective June 2. L. 2000: (3) amended, p. 1577, § 2, effective June 1. L. 2001: Entire section repealed, p. 614, § 6, effective May 30. 26-6-116. Child care resource and referral system - created. (1) The state department shall design and develop a child care resource and referral system, referred to in this section as the "system", to assist in promoting availability, accessibility, and quality of child care services in Colorado. The executive director, or his or her designee, shall have the authority, within available appropriations, to designate a public or private entity that shall be responsible for the administration of the system, and may enter into a contract with the administering entity for such purpose. The executive director shall designate or redesignate such administering entity on a biennial basis. (2) Repealed. Source: L. 2000: Entire section added, p. 36, § 2, effective May 14. L. 2007: (2) amended, p. 2044, § 78, effective June 1. L. 2017: (2) repealed, (SB 17-234), ch. 154, p. 523, § 13, effective August 9. Colorado Revised Statutes 2019 Page 289 of 490 Uncertified Printout 26-6-117. Accreditation standards for county departments and child placement agencies - study. (1) No later than July 1, 2002, the state department shall study: (a) Standards for assessing the quality and performance of foster care in foster care homes certified by county departments or by child placement agencies based upon national standards for foster care services; (b) Standards for the accreditation of county departments and child placement agencies for purposes of foster care services based upon accreditation standards of a nationally recognized accrediting body of child welfare and social services organizations. (2) In conducting such study on accreditation standards, the state department shall compare the merits of writing its own standards with the merits of contracting with a national accrediting body. The study shall include, but is not limited to, analyzing the following: (a) The fiscal impact on the state, counties, and providers, including the cost of: (I) Writing standards; (II) Contracting with a national accrediting body, including all fees and travel expenses; (III) Training; (IV) Implementation; (V) Potential corrective action; (VI) Staff time of county departments and child placement agencies to meet the accreditation standards; (VII) Collecting and evaluating data relating to accreditation standards; (b) The time frame for implementation of accreditation standards; (c) Sanctions for failing to meet the accreditation standards. (3) Repealed. Source: L. 2001: Entire section added, p. 756, § 8, effective June 1. L. 2003: (3) amended, p. 2011, § 100, effective May 22. L. 2004: (3) repealed, p. 471, § 3, effective August 4. 26-6-118. Child placement agencies - information sharing - investigations by state department - recovery of moneys - rule-making. (1) If a county department has substantiated evidence that a child placement agency with which the county has contracted to provide foster care services has violated the provisions of this part 1 or any rule of the state board, it shall communicate such information to the state department. A county department shall also identify whether it is requesting the state department to investigate a complaint against a child placement agency for possible negative licensing action against the child placement agency. (2) Upon receipt of a request for investigation of a child placement agency from a county department, the state department shall commence an investigation and, upon conclusion, report its findings to the requesting county department. The state department shall include in its report to the county department the child placement agency's response, if any, to the findings. (3) The state department shall provide to county departments and affected child placement agencies direct access to information concerning the results of any investigation or negative licensing action taken against the affected child placement agency licensed to provide foster care services in Colorado. (4) (a) The state department, in collaboration with the federal department of health and human services and other federal agencies and with county departments, shall seek recovery Colorado Revised Statutes 2019 Page 290 of 490 Uncertified Printout from a child placement agency of any public funds that have been misused by the child placement agency, as the term "misuse" is defined by rules promulgated pursuant to section 266-108 (2)(n). (b) Any county and child placement agency entering into a contract for the provision of foster care services shall include a provision in the contract that recognizes a right of the state department or county department to recover any funds misused by the child placement agency and to withhold subsequent payments. The provision in the contract shall provide for an appeal of the decision to recover or withhold the funds. The state board shall promulgate rules that set forth the procedures for the appeal, which rules shall require, at a minimum, reasonable notice to the child placement agency. Source: L. 2001: Entire section added, p. 750, § 18, effective June 1; entire section added, p. 756, § 8, effective June 1. L. 2003: (2) amended, p. 1877, § 5, effective May 22; (4) added, p. 856, § 5, effective August 6. Editor's note: This section was enacted as § 26-6-117 by Senate Bill 01-012 but has been renumbered on revision and harmonized with Senate Bill 01-014. 26-6-119. Family child care homes - administration of routine medications parental direction - rules. (1) The delegation of nursing tasks by a registered nurse pursuant to section 12-255-131 shall not be required for the administration of routine medications by a child care provider to children cared for in family child care homes licensed pursuant to this part 1, subject to the following conditions: (a) The parent of the child cared for in the licensed family child care home has daily physical contact with the child care provider that actually administers the routine medication; (b) The child care provider has successfully completed a medication administration instructional program that is approved by the state department; (c) Routine medications are administered in compliance with rules promulgated by the state board pursuant to subsection (2) of this section; (d) If the routine medication involves the administration of unit dose epinephrine, the administration is accompanied by a written protocol by the prescribing health care professional that identifies the factors for determining the need for the administration of the medication, and is limited to emergency situations; and (e) If the routine medication involves the administration of a nebulized inhaled medication, the administration is accompanied by a written protocol by the prescribing health care professional that identifies the factors for determining the need for the administration of the medication. (2) The state board shall promulgate rules concerning the medically acceptable procedures and standards to be followed by child care providers administering routine medications to children cared for in family child care homes. Source: L. 2002: Entire section added, p. 127, § 1, effective March 26. L. 2019: IP(1) amended, (HB 19-1172), ch. 136, p. 1712, § 194, effective October 1. Colorado Revised Statutes 2019 Page 291 of 490 Uncertified Printout 26-6-120. Exempt family child care home providers - fingerprint-based criminal history record check - child care assistance program money - temporary care - rules definitions. (1) (a) (I) An exempt family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual, referred to collectively in this section as a "qualified provider", shall be subject to a fingerprint-based criminal history record check, referred to in this section as an "FCC", as provided in this section and the rules authorized in section 26-6-107 (1)(a)(I) and (1)(a)(I.5), if the child's care is funded in whole or in part with moneys received on the child's behalf from the publicly funded Colorado child care assistance program. The provisions of this section shall apply to exempt family child care home providers or individuals who provide care to a related child who receive moneys from the publicly funded Colorado child care assistance program pursuant to contracts or other payment agreements entered into or renewed on or after May 25, 2006. (II) Each adult eighteen years of age or older who resides with a qualified provider where the care is provided, referred to in this section as a "qualified adult", shall be subject to the FCC required pursuant to this section. (III) The FCC required for a qualified provider or qualified adult pursuant to this section shall include a fingerprint-based criminal history records check utilizing the records of the Colorado bureau of investigation and, for qualified providers or qualified adults applying for child care assistance program moneys on or after August 10, 2011, the federal bureau of investigation. As part of the FCC, the state department shall access the records and reports of child abuse or neglect maintained by the state department to determine whether the subject of the FCC has been found to be responsible in a confirmed report of child abuse or neglect. Information shall be made available pursuant to section 19-1-307 (2)(j), C.R.S., and rules promulgated by the state board pursuant to section 19-3-313.5 (4), C.R.S. (IV) The FCC required pursuant to this section shall be a prerequisite to the issuance or renewal of a contract for receipt of moneys under the Colorado child care assistance program as provided in part 8 of article 2 of this title. The state department shall not issue or renew a contract for payment of moneys under the Colorado child care assistance program to a qualified provider who fails to submit to the FCC or fails to submit fingerprints for a qualified adult. (b) A qualified provider shall notify the county with whom he or she has contracted pursuant to the Colorado child care assistance program upon any change of circumstances that results in the presence of a new qualified adult. A new qualified adult is required to undergo an FCC as provided in this section, even if the Colorado child care assistance program contract is not subject to renewal when the qualified adult moves into the residence where the care is provided. (c) A qualified provider or qualified adult who undergoes an FCC shall, with submittal of his or her fingerprints, pay to the state department a fee established by rule of the state board pursuant to subsection (5) of this section to offset the costs associated with processing the FCC through the Colorado bureau of investigation and the federal bureau of investigation. (1.5) (a) When the results of an FCC performed pursuant to subsection (1) of this section reveal a record of arrest without a disposition, the state department shall require that person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). (b) A person who undergoes a name-based criminal history record check shall pay to the state department a fee established by rule of the state board pursuant to subsection (5) of this Colorado Revised Statutes 2019 Page 292 of 490 Uncertified Printout section to offset the costs associated with performing the name-based criminal history record check. (2) A contract to provide moneys under the Colorado child care assistance program pursuant to part 8 of article 2 of this title shall not be issued or renewed by the state department or a county department to a qualified provider if the qualified provider or a qualified adult has been convicted of: (a) Child abuse, as described in section 18-6-401, C.R.S.; (b) A crime of violence, as defined in section 18-1.3-406, C.R.S.; (c) Any felony offense involving unlawful sexual behavior, as defined in section 16-22102 (9), C.R.S.; (d) Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; (e) Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of the FCC; or (f) Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in paragraphs (a) to (e) of this subsection (2). (3) A contract to provide moneys under the Colorado child care assistance program pursuant to part 8 of article 2 of this title shall not be issued or renewed by the state department or a county department to a qualified provider if the qualified provider or a qualified adult: (a) Has a pattern of misdemeanor convictions occurring within the ten years preceding submission of the application. A pattern of misdemeanor convictions shall be defined by rule of the state board; or (b) Has been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the qualified provider cannot safely operate a child care home. The record of such determination and entry of such order shall be conclusive evidence thereof. A qualified provider shall sign an attestation affirming the lack of such a finding prior to entering into or renewing a contract for moneys under the Colorado child care assistance program, pursuant to section 26-2-805.5 (2). (4) A qualified provider who has submitted to an FCC by the Colorado bureau of investigation and the federal bureau of investigation may, pending the receipt of the results of the FCC, continue to receive moneys from the Colorado child care assistance program. (5) The state board shall promulgate rules to establish the amount of the fee to collect from a qualified provider or qualified adult who is subject to an FCC pursuant to subsection (1) of this section or a name-based criminal history record check pursuant to subsection (1.5) of this section. The state department is authorized to collect the fee at the time of the FCC or namebased criminal history record check. Source: L. 2006: Entire section added, p. 1081, § 3, effective May 25. L. 2007: (1)(a)(I) and (4) amended, p. 317, § 1, effective April 2. L. 2010: (1), IP(2), IP(3), (3)(b), (4), and (5) amended, (SB 10-118), ch. 102, p. 345, § 1, effective April 15; (3)(b) amended, (SB 10-175), ch. 188, p. 805, § 78, effective April 29. L. 2011: (1)(a)(III) amended, (HB 11-1145), ch. 163, p. 563, § 4, effective August 10. L. 2019: (1.5) added and (5) amended, (HB 19-1166), ch. 125, p. 557, § 48, effective April 18. Colorado Revised Statutes 2019 Page 293 of 490 Uncertified Printout Editor's note: Amendments to subsection (3)(b) by Senate Bill 10-175 and Senate Bill 10-118 were harmonized. 26-6-121. Preschools - unique student identifying numbers - rules. (1) On or before September 1, 2008, the executive director, in cooperation with the commissioner of education, shall convene a working group, as described in section 22-2-134, C.R.S., to review the issues pertaining to the assignment of a uniquely identifying student number to children who receive state-subsidized or federally subsidized early childhood education services, including but not limited to services provided through the child care development block grant and head start. (2) The working group shall adopt protocols by which the department of education, the department of human services, school districts, charter schools, and the early childhood councils, as described in part 1 of article 6.5 of this title 26, shall cooperate in assigning the uniquely identifying student numbers. The working group shall also consider methods by which to encourage and facilitate the assignment of uniquely identifying student numbers to students who are receiving early childhood education services that are not subsidized by state or federal funding. (3) Following adoption of the protocols, the state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as necessary for the assignment of uniquely identifying student numbers to students receiving early childhood education services. The state board shall collaborate with the state board of education in promulgating any necessary rules to ensure that they do not conflict with any rules promulgated by the state board of education pursuant to section 22-2-134, C.R.S. Source: L. 2008: Entire section added, p. 784, § 3, effective August 5. L. 2018: (2) amended, (HB 18-1141), ch. 59, p. 602, § 6, effective August 8. Cross references: For the legislative declaration in HB 18-1141, see section 1 of chapter 59, Session Laws of Colorado 2018. PART 2 CHILD PLACEMENT AGENCIES 26-6-201 to 26-6-206. (Repealed) Editor's note: (1) Section 26-6-206 provided for the repeal of this part 2, effective July 1, 1998. (See L. 96, p. 806.) (2) This part 2 was added in 1996 and was not amended prior to its repeal in 1998. For the text of this part 2 prior to 1998, consult the 1997 Colorado Revised Statutes. PART 3 EARLY CHILDHOOD AND SCHOOL READINESS COMMISSION 26-6-301 to 26-6-307. (Repealed) Colorado Revised Statutes 2019 Page 294 of 490 Uncertified Printout Editor's note: (1) Section 26-6-307 provided for the repeal of this part 3, effective July 1, 2007. (See L. 2004, p. 1771.) (2) This part 3 was added in 2000. For amendments to this part 3 prior to its repeal in 2007, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. PART 4 DEDICATED FAMILY HOMES PILOT PROGRAM 26-6-401 to 26-6-406. (Repealed) Editor's note: (1) Section 26-4-406 (2) provided for the repeal of this part 4, effective July 1, 2008. (See L. 2004, p. 542.) (2) This part 4 was added in 2004. For amendments to this part 4 prior to its repeal in 2008, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. PART 5 TASK FORCE ON FOSTER CARE AND PERMANENCE 26-6-501 to 26-6-506. (Repealed) Editor's note: (1) Section 26-4-506 provided for the repeal of this part 5, effective July 1, 2008. (See L. 2007, p. 292.) (2) This part 5 was added in 2007 and was not amended prior to its repeal in 2008. For the text of this part 5 prior to 2008, consult the 2007 Colorado Revised Statutes. PART 6 DEPARTMENT OF DEFENSE QUALITY CHILD CARE STANDARDS PILOT PROGRAM 26-6-601 to 26-6-606. (Repealed) Editor's note: (1) This part 6 was added in 2011 and was not amended prior to its repeal in 2015. For the text of this part 6 prior to 2015, consult the 2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 26-6-606 provided for the repeal of this part 6, effective June 30, 2015. (See L. 2011, p. 71.) PART 7 Colorado Revised Statutes 2019 Page 295 of 490 Uncertified Printout TEMPORARY CARE ASSISTANCE PROGRAM 26-6-701. Short title. The short title of this part 7 is the "Kyle Forti Act". Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2505, § 1, effective August 2. 26-6-702. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Approved temporary caregiver" means a person approved by a temporary care assistance program pursuant to this part 7 who is delegated temporary care responsibility of a minor by a parent or guardian through a power of attorney, as described in section 15-14-105. (2) "Temporary care assistance program" means a program operated by a child placement agency that assists a parent or guardian with recruiting and identifying an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney pursuant to section 15-14105. Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2505, § 1, effective August 2. 26-6-703. Temporary care assistance program permitted. (1) A child placement agency may operate a temporary care assistance program; except that, prior to July 1, 2021, only a child placement agency that is a nonprofit organization, and that operates a program similar to a temporary care assistance program in thirty or more states, may operate a temporary care assistance program. (2) The activities of a temporary care assistance program performed pursuant to this part 7 do not constitute placing a child pursuant to this article 6. Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2506, § 1, effective August 2. 26-6-704. Temporary care assistance program - limitations on duration of delegation - approved temporary caregiver. (1) (a) (I) A parent or guardian of a minor may use the assistance of a temporary care assistance program to identify an approved temporary caregiver to delegate any power regarding care, custody, or property of the minor, except the power to consent to marriage or adoption, by a power of attorney, as described in section 15-14105. (II) A temporary care assistance program must make diligent efforts to notify any parent or guardian identified by the delegating parent as having parental rights or legal decision-making authority regarding the minor's care. (III) A parent who is named as a respondent in an open dependency and neglect case may not use the assistance of a temporary care assistance program, as described in this part 7. (b) (I) Notwithstanding any other provisions of law, a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver must not exceed six months, except as provided in subsection (1)(b)(II) of this section. Colorado Revised Statutes 2019 Page 296 of 490 Uncertified Printout (II) A person who is deployed by or called to active duty in the United States military may exceed the time limit described in subsection (1)(b)(I) of this section; except that the total length of a delegation of power made to an approved temporary caregiver by a person who is deployed by or called to active duty in the United States military must not be longer than the end of the member's deployment or call to active duty, plus thirty days. (c) The parent or guardian of the minor has the authority to revoke a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver at any time. Upon expiration or revocation of the power of attorney, the minor must be returned to the custody of the parent or guardian as soon as reasonably possible, but no later than forty-eight hours after such expiration, revocation, or other termination. (d) A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver does not: (I) Change parental rights, legal rights, obligations, or other authority established by an existing court order and does not deprive a parent or guardian of rights, obligations, or other authority relating to the custody, visitation, or support of a minor; (II) Constitute child abuse or neglect, as defined in section 19-1-103 (1); or (III) Result in a child being neglected or dependent, as described in section 19-3-102, unless the parent or guardian fails to make contact, execute a new power of attorney, or retake custody within seventy-two hours after an expired power of attorney, or after the total time limit described in subsection (1)(b) of this section has elapsed. (2) (a) An approved temporary caregiver shall exercise parental or legal authority on a continuous basis and without compensation for the intended duration of the power of attorney. (b) (I) A minor subject to the power of attorney that delegates temporary care responsibility of the minor to an approved temporary caregiver is not deemed placed in a foster care home, as defined in section 26-6-102 (14), and the approved temporary caregiver is not deemed to be providing foster care nor be subject to the licensing requirements of foster care. (II) Nothing in this section disqualifies an approved temporary caregiver from being or becoming a foster care home certified by a county department or private agency pursuant to section 26-6-106.3. (c) Any period of time during which a minor resides with an approved temporary caregiver pursuant to an unexpired and valid power of attorney is not included in determining whether the minor has resided with the approved temporary caregiver for the minimum period required for a person to be considered a person other than a parent who has had the physical care of a child for the purposes of section 14-10-123. Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2506, § 1, effective August 2. 26-6-705. Approval of temporary caregiver - background check - training. (1) A child placement agency operating a temporary care assistance program may approve as a temporary caregiver any person who meets the standards prescribed by the temporary care assistance program and who complies with the requirements established pursuant to this section. (2) (a) A child placement agency operating a temporary care assistance program shall require an applicant to become an approved temporary caregiver and any other person who Colorado Revised Statutes 2019 Page 297 of 490 Uncertified Printout resides in the applicant's home and is eighteen years of age or older to submit to the following background checks: (I) A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation in the same manner as described in section 26-6-107 (1)(a)(I)(C); (II) A child abuse and neglect background check pursuant to section 19-1-307; and (III) A check against the state's sex offender registry and against the national sex offender public website operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if a person is a registered sex offender. (b) A child placement agency operating a temporary care assistance program is responsible for the costs arising from any background check performed pursuant to this section. The child placement agency may collect the costs from any person subject to a background check. (c) The child placement agency operating a temporary care assistance program shall maintain records of a background check performed pursuant to this section, including the full transcripts of the background check, for a period of not less than five years. The child placement agency shall make the records available to a parent or guardian executing a power of attorney, and any local, state, or federal authority conducting an investigation involving the approved temporary caregiver, the parent or guardian, or the minor. (d) A child placement agency operating a temporary care assistance program shall not approve an applicant as an approved temporary caregiver if a background check conducted pursuant to this section discloses a substantiated allegation of child abuse, neglect, or exploitation, or any crime that would disqualify the applicant or any other person who resides in the applicant's home and is eighteen years of age or older from becoming certified or licensed to operate a foster care home in the state. (3) A child placement agency operating a temporary care assistance program shall train an approved temporary caregiver in the rights, duties, and limitations associated with providing care for a minor pursuant to this part 7. Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2507, § 1, effective August 2. 26-6-706. Rules. (1) A temporary care assistance program and a temporary care provider are subject to any rule promulgated by the department that is applicable to noncertified kinship care, defined in section 19-1-103 (78.7); except that a temporary care assistance program and a temporary care provider are not subject to such a rule that is inconsistent with this part 7. (2) Except as provided in subsection (1) of this section, a temporary care assistance program and a temporary caregiver are not subject to any rule promulgated by the department for an activity performed pursuant to this part 7. Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2508, § 1, effective August 2. Colorado Revised Statutes 2019 Page 298 of 490 Uncertified Printout 26-6-707. Application of part. (1) This part 7 applies only when a parent or guardian of a minor delegates any power regarding care, custody, or property of the minor to an approved temporary caregiver with the assistance of a temporary care assistance program pursuant to this part 7. Nothing in this part 7 restricts, abridges, or alters the right of a minor's parent or guardian to provide for the care of the minor by power of attorney pursuant to any other provision of law. (2) Nothing in this part 7: (a) Relieves the parent of any obligation to support the minor as otherwise provided by law; (b) Limits the authority of the court to order a parent to make support payments or reimbursements for medical, behavioral, health, or other care or treatment; (c) Abrogates the right of the minor to any benefits provided through public funds for which the minor is otherwise entitled; or (d) Limits or prevents the ability of law enforcement or county child welfare agencies to investigate a report of suspected abuse or neglect of a child pursuant to section 19-3-308. Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2509, § 1, effective August 2. ARTICLE 6.2 Early Childhood Child Care Access Editor's note: This article was added with relocations in 2013. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index. Cross references: For the legislative declaration in the 2013 act adding this article, see section 1 of chapter 169, Session Laws of Colorado 2013. PART 1 EARLY CHILDHOOD LEADERSHIP COMMISSION 26-6.2-101. Legislative declaration. (1) The general assembly hereby finds that: (a) Public investments for pregnant women and young children from birth to eight years of age and their families fall behind investments for older Colorado children and lag behind national trends; (b) For the state's early childhood system to operate effectively, the efforts of the public and private agencies that compose the system must be efficiently coordinated, aligned to state and federal standards, and made accountable across state systems; and (c) While there are several planning efforts related to early childhood services and collaborative bodies within state and local governments, there is no single venue to allow highlevel decision-making among policy makers, to collectively study recommendations, to facilitate cross-agency collaboration among state agencies, and to make joint policy and funding recommendations. Colorado Revised Statutes 2019 Page 299 of 490 Uncertified Printout (2) The general assembly further finds that: (a) A commission to assist in coordinating services and supports for pregnant women and young children from birth to eight years of age and their families will improve the delivery of those services and improve the educational, health, emotional and mental health, child welfare, and employment outcomes for these children and their families; and (b) A commission to assist in coordinating the delivery of services and supports for pregnant women and young children and their families will also significantly improve Colorado's workforce and economic development by: (I) Helping to ensure a healthy, well-educated workforce far into the future; (II) Supporting those persons who currently provide early childhood services and supports and creating additional employment opportunities; (III) Supporting parents of young children who need dependable, high-quality child care and supportive services in order to be fully engaged and productive in their jobs; and (IV) Supporting the market in early childhood services and products as a vibrant element of the state's economy. (3) The general assembly finds, therefore, that it is essential to create a high-level, interagency, public-private leadership commission to identify opportunities for, and address barriers to, the coordination of federal and state early childhood policies and procedures in order to promote access to programs and services that affect the health and well-being of Colorado's children. Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 559, § 3, effective July 1. L. 2017: (1)(a), (1)(c), (2)(a), IP(2)(b), and (3) amended, (HB 17-1106), ch. 345, p. 1817, § 1, effective August 9. Editor's note: This section is similar to former § 24-44.7-101 as it existed prior to 2013. 26-6.2-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Commission" means the early childhood leadership commission created in section 26-6.2-103. (2) "State department" means the state department of human services created in section 26-1-105. Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 560, § 3, effective July 1. 26-6.2-103. Early childhood leadership commission - created - mission - funding. (1) There is created in the state department the early childhood leadership commission. The purpose of the commission is to ensure and advance a comprehensive service delivery system for pregnant women and children from birth to eight years of age using data to improve decisionmaking, alignment, and coordination among federally funded and state-funded services and programs for pregnant women and young children and their families. At a minimum, the comprehensive service delivery system for pregnant women and children and their families must include services in the areas of prenatal health, child health, child mental health, early care and education, and family support and parent education. Colorado Revised Statutes 2019 Page 300 of 490 Uncertified Printout (2) The commission shall consist of up to twenty members as follows: (a) The executive directors of each of the following agencies or their designees: (I) The state department of human services; (II) The department of public health and environment; (III) The department of health care policy and financing; and (IV) The department of higher education; (b) The commissioner of education or his or her designee; (c) The head start state collaboration director for Colorado; and (d) No more than fourteen persons appointed by the governor, which persons collectively have the following expertise, affiliations, or backgrounds: (I) Representatives of local government groups; (II) Representatives of school districts; (III) Providers of early childhood supports and services; (IV) Persons whose families receive early childhood supports or services; (V) Representatives of statewide foundations and nonprofit organizations involved in early childhood issues; (VI) Members of the business community; and (VII) Representatives of the local public health community. (3) (a) In appointing persons to the commission, the governor shall ensure that the appointed persons reflect the gender balance and ethnic diversity in the state and provide representation from throughout the state and that the commission includes representation of persons with disabilities. (b) The persons appointed to the commission pursuant to subsection (2)(d) of this section shall: (I) Serve at the pleasure of the governor; and (II) Serve without compensation but may receive reimbursement for reasonable expenses incurred in fulfilling their duties on the commission, subject to the availability of federal funds or gifts, grants, or donations. (c) If a vacancy occurs in the positions appointed pursuant to paragraph (d) of subsection (2) of this section, the governor shall appoint a person to fill the vacancy. (4) The governor shall appoint three persons from among the members of the commission, one representing business interests, one representing private, nonprofit entities, and one representing public entities, to serve as co-chairs of the commission. The commission shall meet regularly at the direction of the co-chairs and as often as necessary to fulfill its duties. The co-chairs may appoint working groups and subcommittees to assist the commission in its work or to address specific issues. The working groups and subcommittees, at the discretion of the cochairs, may consist of any combination of members of the commission and other persons from the community. (5) The commission, in collaboration with the executive director of the state department, may appoint a director to assist the commission in fulfilling its duties pursuant to this article 6.2. The director may appoint such additional persons as may be necessary to assist the commission. The director and any other persons appointed pursuant to this subsection (5) shall be compensated with federal funds or gifts, grants, and donations, and not with money from the general fund. Colorado Revised Statutes 2019 Page 301 of 490 Uncertified Printout (6) The governor's office, the state department, and the other agencies represented on the commission may, at the request of the commission and within existing appropriations, provide necessary support to the commission, including but not limited to administrative support, data, and other analytical information. In addition, the commission may seek, accept, and expend gifts, grants, or donations from public or private sources to the extent necessary to cover the expenses of the commission. Money from the general fund shall not be appropriated for the commission or for administrative or other expenses of the commission. Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 560, § 3, effective July 1. L. 2017: (1), IP(3)(b), (3)(b)(II), (5), and (6) amended, (HB 17-1106), ch. 345, p. 1818, § 2, effective August 9. Editor's note: This section is similar to former § 24-44.7-102 as it existed prior to 2013. 26-6.2-104. Early childhood leadership commission - duties. (1) In addition to any other duties specified in law, the commission has the following duties: (a) To identify opportunities for, and barriers to, the alignment of standards, rules, policies, and procedures across programs and agencies that support young children and to recommend to the appropriate committees of reference of the general assembly pursuant to part 2 of article 7 of title 2 and to government and nonprofit agencies and policy boards changes to enhance the alignment and provision of services and supports for pregnant women and young children and their families; (b) To advise and make recommendations to the state department and to other relevant early childhood entities concerning implementation of the early childhood Colorado framework; (c) To assist public and private agencies in coordinating efforts on behalf of pregnant women and children and their families, including securing funding and additional investments for services, programs, and access to these services and programs for children and their families; (d) To consider and recommend waivers from state regulations on behalf of early childhood councils as provided in section 26-6.5-104 (1); (e) To monitor the ongoing development, promotion, and implementation of: (I) A quality, cohesive professional development and career advancement system; (II) High-quality, comprehensive early learning standards; and (III) The sharing and use of common data for planning and accountability among early childhood programs; (f) To develop strategies and monitor efforts concerning: (I) Increasing children's school readiness; (II) Increasing participation in and access to child care and early education programs; and (III) Promoting family and community engagement in children's early education and development. (2) In fulfilling its duties, the commission shall collaborate, at a minimum, with: (a) Members of the early childhood councils established pursuant to section 26-6.5-103; and (b) Any other boards, commissions, and councils that address services and supports for pregnant women and young children. Colorado Revised Statutes 2019 Page 302 of 490 Uncertified Printout Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 563, § 3, effective July 1. L. 2017: (1) and (2)(b) amended, (HB 17-1106), ch. 345, p. 1819, § 3, effective August 9. Editor's note: This section is similar to former § 24-44.7-103 as it existed prior to 2013. 26-6.2-105. Early childhood leadership commission fund - created. (Repealed) Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 565, § 3, effective July 1. L. 2017: Entire section repealed, (HB 17-1106), ch. 345, p. 1820, § 4, effective August 9. Editor's note: This section was similar to former § 24-44.7-104 as it existed prior to 2013. 26-6.2-106. Repeal of article. This article 6.2 is repealed, effective September 1, 2023. Before its repeal, the commission is subject to review in accordance with section 2-3-1203. Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 565, § 3, effective July 1. L. 2016: Entire section amended, (HB 16-1192), ch. 83, p. 235, § 22, effective April 14. L. 2017: Entire section amended, (HB 17-1106), ch. 345, p. 1820, § 5, effective August 9. Editor's note: This section is similar to former § 24-44.7-105 as it existed prior to 2013. PART 2 INFANT AND FAMILY CHILD CARE STRATEGIC ACTION PLAN Cross references: For the legislative declaration in SB 19-063, see section 1 of chapter 128, Session Laws of Colorado 2019. 26-6.2-201. Family child care homes strategic action plan - creation - definitions. (1) The state department and the commission sha