2020 Colorado Revised Statutes
Title 26 - Human Services Code
Article 2. Public Assistance
Section 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, needsbased, 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:

1. A standard short-term assistance payment, formerly referred to as a state diversionpayment, is a nonrecurrent, needs-based, cash or cash-equivalent payment made to a participant who is eligible for short-term assistance.

2. 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:

1. Work subsidies such as payments to employers or third parties to help cover the costsof employee wages, benefits, supervision, and training;

2. Supportive services such as child care and transportation provided to families whoare employed;

3. Refundable earned income tax credits;

4. Contributions to, and distributions from, individual development accounts;

5. Services such as counseling, case management, peer support, child care informationand referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and

6. Transportation benefits provided under a job access or reverse commute project toan individual who is not otherwise receiving assistance.

2. 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.

3. 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.

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:

1. Require the participant to be assessed by a certified substance use disorder treatmentprovider 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.

2. If required by the rehabilitation plan, conduct random testing of the participant todetermine whether he or she is remaining free of controlled substances; and

3. Impose on the participant any applicable adverse action for nonparticipation in awork 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.

2. 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 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.

3. 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.

4. Wages earned by participants in the employment program do not count as income forthe purposes of Colorado works program eligibility and grant determination, as defined in this section.

5. The executive director may annually use up to the equivalent of two and one-halfpercent 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.

6. (I) On or before October 15, 2018, and on or before October 15, 2019, the executivedirector 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.