C.R.S. § 26-1-101 Short title
26-1-101. Short title. This title shall be known and may be cited as the "Colorado Human Services Code".
Department of Human Services
C.R.S. tit. 26, art. 1
in effectC.R.S. § 26-1-102 Legislative declaration
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.
C.R.S. § 26-1-103 Definitions
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.
C.R.S. § 26-1-104 Construction of terms
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.
C.R.S. § 26-1-105 Department of human services created - executive director - powers, duties, and functions
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.
C.R.S. § 26-1-105.5 Transfer of functions - employees - property - records
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) [Editor's note: This version of subsection (1)(b) is effective until July 1, 2025.] 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.
(b) [Editor's note: This version of subsection (1)(b) is effective July 1, 2025.] This section does not apply to the functions, employees, and property transferred pursuant to sections 24-1-119.5 and 25.5-1-105 concerning the "Colorado Medical Assistance Act" 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.
l 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 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.
C.R.S. § 26-1-106 Final agency action - administrative law judge - authority of executive director
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 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.)
C.R.S. § 26-1-107 State board of human services - reimbursement for expenses - rules
26-1-107. State board of human services - reimbursement for expenses - rules. (1) (a) There is created in the department of human services the state board of human services, referred to in this section as the "state board". The state board is a type 1 entity, as defined in section 24-1-105. The state board consists of nine members appointed by the governor, with the consent of the senate, for terms of four years. The members appointed to the board must be residents of the state of Colorado. The governor may remove a member of the board for misconduct, incompetence, or neglect of duty.
(b) The board consists of:
(I) One member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities;
(II) (A) Three members who serve as county commissioners of one of the state's counties.
(B) If a board member who is concurrently serving as a county commissioner ceases to serve as a county commissioner, the member's seat on the state board shall be deemed vacant, and the governor shall appoint a new county commissioner to fill the vacancy.
(C) A county commissioner, in the commissioner's role as a board member, shall not vote on any matter coming before the state board that affects the commissioner's county in a manner different from other counties.
(II.5) (A) One member who is a person with lived experience with behavioral health disorders, a family member of a person with behavioral health disorders, a member of an advocacy group for persons experiencing behavioral health disorders, or a physician or a member of one of the licensed mental health professions.
(B) A physician or a member of one of the licensed mental health professions, in their role as a board member, shall not vote on any matter coming before the board that affects their employer or private practice in a manner different from other employers or private practices of the same professions.
(III) Four members who are from the public at large.
(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 may receive reimbursement for 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 26 or title 27, 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;
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 or 26-6-905 or the terms of the "Interstate Compact on Placement of Children" as set forth in part 18 of article 60 of title 24;
(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.)
o 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.
C.R.S. § 26-1-108 Powers and duties of the executive director - rules
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 has the authority to adopt "executive director rules" for programs administered and services provided by the state department as set forth in this title 26. Such rules shall be promulgated in accordance with the provisions of section 24-4-103.
(b) Any rules adopted by the state board to implement the provisions of this title 26 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 26 refers to the state department or the department of human services, it means the state department acting through either the state board or the executive director or both. When exercising rule-making authority under this title 26, 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.)
C.R.S. § 26-1-109 Cooperation with federal government - grants-in-aid
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:
(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;
-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.
C.R.S. § 26-1-109.5 Treatment of restitution payments under this title - declaration - exclusion from financial determinations
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.
C.R.S. § 26-1-110 Publications
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.
C.R.S. § 26-1-111 Activities of the state department under the supervision of the executive director - cash fund - report - rules - statewide adoption resource registry
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;
(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-of-home 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.
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 sub-subparagraph (A) of this subparagraph (II).
(C) For fiscal year 2003-04 and each fiscal year thereafter, after the amounts described in subsections (2)(d)(II)(A) and (2)(d)(II)(B) of this section are set aside, the total amount of money 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 subsection (2)(d)(II)(C) as the "fund". The money in the fund is 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 money available under the Title IV-E program. In addition, the general assembly may annually appropriate money in the fund to the department of early childhood for allocation to the counties for the provision of child care assistance, as described in section 26.5-4-105, and to the state department for allocation to the counties for the provision of assistance, as defined in section 26-2-703 (2); social services, as defined in section 26-2-103 (11); 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 money allocated by the department of early childhood for the provision of child care assistance and by the state department for the provision of assistance, social services, and child welfare services pursuant to this subsection (2)(d)(II)(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 money in the fund not expended for the purposes specified in this subsection (2)(d)(II)(C) may be invested by the state treasurer as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not 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.
aph (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 part 9 of article 6 of this title 26 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;
(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) Repealed.
r 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) Repealed.
(u) Coordinate prevention and intervention programs, other than programs created in title 26.5, 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 26-1-111.3 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 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.
uch 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) to (7) Repealed.
C.R.S. § 26-1-111.3 Activities of the state department under the supervision of the executive director - Colorado state youth development plan - creation - definitions
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;
(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.
oup 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.
C.R.S. § 26-1-112 Locating violators - recoveries
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 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".
ds paid and, in addition, a share 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.
C.R.S. § 26-1-112.5 Birth-related cost recovery program - cooperation with the department of health care policy and financing - duties of state department - repeal
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)
C.R.S. § 26-1-113 Enforcement of support - RURESA
26-1-113. Enforcement of support - RURESA. (Repealed)
C.R.S. § 26-1-114 Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants
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 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).
n 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 information-gathering 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).
ect 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 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 commits a petty offense.
C.R.S. § 26-1-114.5 Records - access by county auditor
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 the department of early childhood or upon subpoena, 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.
C.R.S. § 26-1-115 County departments - district departments
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.)
C.R.S. § 26-1-116 County boards - district boards
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 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. 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. The county board shall act in accordance with rules adopted by the executive director of the department of early childhood when addressing child care assistance duties, responsibilities, and activities of the county department.
C.R.S. § 26-1-117 County director - district director
26-1-117. County director - district director. (1) It is the duty of the county board to appoint a county director, who is charged with the executive and administrative duties and responsibilities of the county department, subject to the policies and rules of the state department and the department of early childhood, and who serves as secretary to the county board, unless a secretary is otherwise appointed by the board. The board of county commissioners of the county shall establish the salary of the county director. 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.
C.R.S. § 26-1-118 Duties of county departments, county directors, and district attorneys
26-1-118. Duties of county departments, county directors, and district attorneys. (1) (a) The county departments or other state designated agencies, where applicable, shall serve as agents of the state department and are charged with the administration of public assistance, and welfare and related activities in the respective counties in accordance with the rules of the state department.
(b) The county departments or other state designated agencies, where applicable, shall serve as agents of the department of early childhood and are charged with the administration of child care assistance and related activities in the respective counties in accordance with the rules of the department of early childhood.
(2) The county departments or other state designated agencies, where applicable, shall report to the state department and the department of early childhood at such times and in such manner and form as the state department and the department of early childhood may from time to time direct. The state department and the department of early childhood 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 the 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 section prevents access by the state department or the department of early childhood 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 or for purposes of carrying out the responsibility of the department of early childhood for the supervision and administration of child care assistance. The state department and the department of early childhood 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;
(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, 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.
C.R.S. § 26-1-119 County staff
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.
C.R.S. § 26-1-120 Merit system
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 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.
tment 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 must 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, gender identity, gender expression, 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;
(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.
C.R.S. § 26-1-120.3 Merit system transition - progress report - repeal
26-1-120.3. Merit system transition - progress report - repeal. (Repealed)
C.R.S. § 26-1-120.5 Positions exempted from merit system - repeal
26-1-120.5. Positions exempted from merit system - repeal. (Repealed)
C.R.S. § 26-1-121 Appropriations - food distribution programs
26-1-121. Appropriations - food distribution programs. (1) (a) For carrying out the duties and obligations of the state department and county departments pursuant to this title 26 and for matching 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, pursuant to the constitution and laws of the state of Colorado, shall make adequate appropriations for the payment of the 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) (a) The general assembly shall appropriate from the general fund for the costs of administering 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 those 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 must be apportioned in accordance with the federal regulations accompanying the funds. Any unobligated and unexpended balances of state funds so appropriated remaining at the end of each fiscal year must be credited to the state general fund.
or the administrative costs of the state department and another for the administrative costs of the county departments. Any applicable matching federal funds must be apportioned in accordance with the federal regulations accompanying the funds. Any unobligated and unexpended balances of state funds so appropriated remaining at the end of each fiscal year must be credited to the state general fund.
(b) Beginning with fiscal year 2025-26, before making the appropriation described in subsection (2)(a) of this section, the general assembly shall consider, but is not required to appropriate amounts included in, the results of the public assistance programs funding model described in section 26-1-121.5.
(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 the expenses are determined and approved by the state department, may be paid from whatever state and federal funds are available for 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 administrative fee authorized pursuant to this subsection (4) at least once every calendar year, or when an agency's account reaches a balance of one hundred dollars or more, 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.
C.R.S. § 26-1-121.5 Public assistance funding model - workload study - evaluation - report - definitions - repeal
26-1-121.5. Public assistance funding model - workload study - evaluation - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Funding model" means the county administration of public and medical assistance programs funding model to determine the appropriate level of funding for each county required to make eligibility determinations regarding participation in a public assistance program.
(b) "Medical assistance programs" means the following public assistance programs administered by the department of health care policy and financing: The medical assistance program, established in articles 4, 5, and 6 of title 25.5, including long-term care services; the children's basic health plan, established in article 8 of title 25.5; and the old age pension health and medical care program described in section 25.5-2-101.
(c) "Public assistance programs" means the programs of public assistance administered by the state department pursuant to article 2 of this title 26.
(2) Repealed.
(3) (a) On or before January 2, 2024, the state department shall enter into an agreement with an outside entity to develop a county administration of public and medical assistance programs funding model to determine the amount of money necessary to fund the administration of public and medical assistance programs in each county. The outside entity may be the same entity as the third party that performs the comprehensive assessment described in subsection (2) of this section.
(b) The outside entity shall work with the state department, the department of health care policy and financing, and county departments to determine the appropriate process and data to be used in the development of the funding model.
(c) On or before July 1, 2024, the outside entity shall develop the funding model for fiscal year 2025-26.
(d) On or before November 1, 2024, the state department shall submit the results of the funding model to the joint budget committee, the department of health care policy and financing, and the county departments.
(e) This subsection (3) is repealed, effective June 30, 2026.
(4) (a) On or before July 1, 2025, and on or before July 1 every third year thereafter, the state department shall enter into an agreement with an outside entity to annually update and modify the funding model. The outside entity may be the same entity that developed prior versions of the funding model. The outside entity shall develop each update in consultation with the state department, the department of health care policy and financing, and the county departments.
(b) On or before November 1, 2025, and on or before November 1 of each year thereafter, the state department shall submit the results of the funding model to the joint budget committee, the department of health care policy and financing, and the county departments.
(5) The funding model must include:
(a) The number of eligibility staff, lead workers, supervisors and managers, customer service staff, quality assurance staff, program integrity staff, investigators, claims establishment and collections staff, appeals staff, attorneys, and additional support staff necessary for a county to perform all responsibilities required by state and federal law, and must include a component that considers the various resources, including financial resources, required to effectively hire, train, and retain staff in their respective areas of responsibility associated with public and medical assistance programs;
(b) Demographic data, including poverty statistics, and state and local economic drivers, including staff compensation, at both the county and regional levels, that may influence the overall cost of delivering public and medical assistance programs in each county;
(c) The estimated administrative workload for each county to make public assistance program eligibility determinations, to be funded by the money allocated to counties pursuant to section 26-1-122;
nd local economic drivers, including staff compensation, at both the county and regional levels, that may influence the overall cost of delivering public and medical assistance programs in each county;
(c) The estimated administrative workload for each county to make public assistance program eligibility determinations, to be funded by the money allocated to counties pursuant to section 26-1-122;
(d) A component that supports business process improvements as described in section 26-1-122.3 (1)(b)(IX) in each county; and
(e) Any modifications to the public and medical assistance program system that have been implemented by the department or the department of health care policy and financing, including those that may have been recommended by the third party pursuant to subsection (2)(b) of this section and provided to the joint budget committee pursuant to subsection (2)(c) of this section.
(6) (a) The joint budget committee shall use the results of the funding model to inform its decisions regarding the amount of the appropriation to the state department for county administration of public assistance programs and the amount of the appropriation to the department of health care policy and financing for county administration of medical assistance programs.
(b) The state department shall allocate money to counties for public assistance programs in accordance with the results of the funding model. The department of health care policy and financing shall allocate money to counties as permitted by state and federal law for medical assistance programs informed by the results of the funding model. If the appropriation made for a fiscal year to either department is not equal to the amount necessary to fully fund the allocations required by the funding model, the affected department shall adjust the allocation to each county to ensure that the funding made available to all counties does not exceed the annual appropriation.
(7) (a) On or before November 15, 2026, and on or before November 15 of each year thereafter, the state department and the department of health care policy and financing shall submit a joint report regarding the funding model to the joint budget committee. The report must include the following information concerning the previous fiscal year:
(I) The results of the funding model, including the cost per county necessary to meet all state and federal requirements for the comprehensive delivery of public assistance benefits and medical assistance benefits;
(II) The total amount appropriated for public assistance programs to the state department and for medical assistance programs to the department of health care policy and financing, and the difference between each county's actual allocation and the allocation amount identified by the funding model;
(III) The final close-out for the previous fiscal year;
(IV) Any modifications made to the model to improve the accuracy of the data;
(V) A description of any assessment performed of county business processes and workflow and a description of modifications made by a county that have improved or are intended to improve workflow and the timelines of eligibility determinations, client satisfaction, and workforce retention; and
(VI) Any other issues related to funding the delivery of public and medical assistance benefits.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement described in this subsection (7) continues indefinitely.
C.R.S. § 26-1-122 County appropriations and expenditures - advancements - procedures
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 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 program costs, taking into consideration available funds and all pertinent facts and circumstances, and administrative costs, in accordance with the funding model described in section 26-1-121.5, and shall certify by voucher to the controller the amounts to be paid to each county. The amounts so certified must be paid from the state treasury upon voucher of the state department and warrant of the controller and must be credited by the county treasurer to the county social services fund in accordance with the law and rules of the state department.
ding model described in section 26-1-121.5, and shall certify by voucher to the controller the amounts to be paid to each county. The amounts so certified must be paid from the state treasury upon voucher of the state department and warrant of the controller and must 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.
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 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 1 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, and child welfare services; expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121; funeral and final disposition expenses as described in section 26-2-129; and state supplementation under part 2 of article 2 of this title 26.
ces (except for items enumerated in subsection (3)(c) of this section) under programs for aid to the needy disabled, aid to the blind, and child welfare services; expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121; funeral and final disposition expenses as described in section 26-2-129; and state supplementation under part 2 of article 2 of this title 26.
(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 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 self-sufficiency 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.
organ 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 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.
th 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 are 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 26, and the Colorado child care assistance program, created in part 1 of article 4 of title 26.5, 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 is the targeted spending level identified in section 26-2-714 (6). Such appropriation must 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 constitutes administrative costs and program costs for the Colorado works program. The executive director of the department of early childhood, in coordination with county departments, shall establish rules concerning what constitutes administrative costs and program costs for the Colorado child care assistance 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 department of early childhood or the state department, as applicable; except that in no event shall the department of early childhood or 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.
C.R.S. § 26-1-122.3 Public assistance programs - county administration - data collection and analysis - vendor contract
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;
(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.
(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.
C.R.S. § 26-1-122.5 County appropriation increases - limitations - definitions
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
(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 26-1-123 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.
e 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.
C.R.S. § 26-1-123 County social services fund
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 consists of all money appropriated by the board of county commissioners for public assistance and welfare and related purposes; all money allotted, allocated, or apportioned to the county by the state department or the department of early childhood; 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 or the department of early childhood; and such other money as may be provided from time to time from other sources. The fund is 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 and by the department of early childhood for purposes of child care assistance. The county treasurer is 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 for the collection or deposit of any money in the county social services fund. Warrants must 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 indicate the approval of the board of county commissioners and the county board of social services. At such time as Title XVI of the federal "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.
C.R.S. § 26-1-124 County social services budget
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.
(2) Before such budget is adopted by the board of county commissioners, it must be submitted by the county board to the state department for review. The state department shall review the budget in consultation with the department of early childhood and shall include in the review 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 26 and the Colorado child care assistance program created in part 1 of article 4 of title 26.5.
(3) The state department shall prescribe budget forms and shall furnish a sufficient number of such forms to the county board without charge.
C.R.S. § 26-1-125 County social services levy - limitations
26-1-125. County social services levy - limitations. (Repealed)
C.R.S. § 26-1-126 County contingency fund - county tax base relief fund - creation
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:
(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.
ier 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 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.
ient 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.
C.R.S. § 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
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.
C.R.S. § 26-1-127 Fraudulent acts
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 26 or child care assistance as described in part 1 of article 4 of title 26.5 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 is classified in accordance with section 18-4-401 (2) and which crime is punished as provided in section 18-1.3-401 if the crime is classified as a felony, or section 18-1.3-501 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 the program pursuant to article 2 of this title 26 or part 1 of article 4 of title 26.5 in which a recipient is found to have committed an intentional program violation 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 human or social services, the state department, or the department of early childhood 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 public assistance or vendor payments or medical assistance as defined in this title 26 or child care assistance as described in part 1 of article 4 of title 26.5 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 the program pursuant to article 2 of this title 26 or part 1 of article 4 of title 26.5 in which a recipient is found to have committed an intentional program violation 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.
in the program pursuant to article 2 of this title 26 or part 1 of article 4 of title 26.5 in which a recipient is found to have committed an intentional program violation 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 pursuant to this title 26 or child care assistance pursuant to part 1 of article 4 of title 26.5, the recipient 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 petty offense and shall be punished as provided in section 18-1.3-503. 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 is excluded from the thirty-day written reporting requirement but must 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 pursuant to this title 26 or part 1 of article 4 of title 26.5 commits a petty offense and is punished as provided in section 18-1.3-503.
(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.
C.R.S. § 26-1-127.5 Prevention of erroneous payments to prisoners - incentives
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.
C.R.S. § 26-1-128 Report required
26-1-128. Report required. (Repealed)
C.R.S. § 26-1-129 Comprehensive information - packet of aged services and programs - implementation
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 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.
C.R.S. § 26-1-130 Applications for licenses - authority to suspend licenses - rules - definitions
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.
(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.
C.R.S. § 26-1-132 Department of human services - rate setting - residential treatment service providers - monitoring and auditing - report
26-1-132. Department of human services - rate setting - residential treatment service providers - monitoring and auditing - report. (1) In conjunction with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e), (6)(g), and (6)(i) 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 rate-setting 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 out-of-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 and recovery 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.
(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) Repealed.
(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.
(5) The state department, in collaboration with the behavioral health administration and the department of health care policy and financing, shall develop a capacity plan for whenever a residential treatment facility for children and youth that is licensed by the state department closes or has a substantive change in operation. The state department shall include updates on the capacity plan during the state department's "SMART Act" hearing.
C.R.S. § 26-1-133 Colorado mental health institute at Pueblo - forensic unit - authority to enter into lease
26-1-133. Colorado mental health institute at Pueblo - forensic unit - authority to enter into lease. (Repealed)
C.R.S. § 26-1-133.5 Rental properties - fund created
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 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.
C.R.S. § 26-1-134 Home- and community-based services for persons with developmental disabilities - cooperation
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.
C.R.S. § 26-1-135 Child welfare action committee - reporting - cash fund - created
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 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.
C.R.S. § 26-1-136 Persons in a department of human services facility - medical benefits application assistance - county of residence - rules
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.
(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.
artment 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.
C.R.S. § 26-1-136.5 Menstrual hygiene products for a person in custody - definition
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.
C.R.S. § 26-1-136.7 Opioid treatment for a person in custody - definitions
26-1-136.7. Opioid treatment for a person in custody - definitions. (1) A state department facility may make available opioid agonists and opioid antagonists to a person committed to or placed within the facility with an opioid use disorder. The facility is strongly encouraged to maintain the treatment of the person throughout the duration of the person's commitment, as medically necessary.
(2) Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists pursuant to subsection (1) of this section.
(3) A state department facility may contract with community-based health providers for the implementation of this section.
(4) As used in this section, unless the context otherwise requires:
(a) "Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
(b) "Opioid antagonist" means naltrexone or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
C.R.S. § 26-1-136.8 Custody of a person with the capacity for pregnancy
26-1-136.8. Custody of a person with the capacity for pregnancy. (1) A state department facility that has in its custody a person who is capable of pregnancy shall:
(a) Train the facility's staff to ensure that a pregnant person receives safe and respectful treatment;
(b) Develop administrative policies to ensure a trauma-informed standard of care is integrated with current practices to promote the health and safety of a pregnant person;
(c) Provide each pregnant person, during the person's pregnancy and through the person's postpartum period, with access to:
(I) Perinatal health-care providers with perinatal experience; and
(II) Healthy foods and information on nutrition, recommended activity levels, safety measures, and supplies, including menstrual products as required in section 26-1-136.5, and breast pumps approved by the executive director or the executive director's designee;
(d) Provide counseling and treatment for pregnant people who have suffered from:
(I) A diagnosed behavioral, mental health, or substance use disorder;
(II) Trauma or violence, including domestic violence;
(III) Human immunodeficiency virus;
(IV) Sexual abuse;
(V) Pregnancy loss or infant loss; or
(VI) Chronic conditions;
(e) Provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy;
(f) Develop administrative policies to identify and offer opportunities for postpartum persons to maintain contact with the person's newborn child to promote bonding, including enhanced visitation policies, access to facility nursery programs, and breastfeeding support, when appropriate;
(f.5) Develop administrative policies, including a system for human milk storage, to ensure a newborn can receive the human milk that the newborn's postpartum parent has pumped for the newborn's nourishment;
(g) In accordance with the requirements of the federal "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191, transfer health records to community providers if a pregnant person exits the facility during the person's pregnancy or during the person's postpartum period;
(h) Connect a person exiting the facility during the person's pregnancy or postpartum period to community-based resources, such as referrals to health-care providers, substance use disorder treatment, and social services that address social determinants of maternal health;
(i) Establish partnerships with local public entities, private community entities, community-based organizations, Indian tribes and tribal organizations as defined in the federal "Indian Self-Determination and Education Assistance Act", 25 U.S.C. sec. 5304, as amended, or urban Indian organizations as defined in the federal "Indian Health Care Improvement Act", 25 U.S.C. sec. 1603, as amended; and
(j) Notwithstanding section 24-1-136 (11)(a)(I), by February 15, 2022, and by February 15 each year thereafter, report to the judiciary committees of the senate and house of representatives, or their successor committees, on the number of births by pregnant people who are in the custody of the facility, including the location of the births, that occurred in the prior calendar year.
C.R.S. § 26-1-137 Persons committed to or placed in a department of human services facility - prohibition against the use of restraints on pregnant women
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.
(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.
C.R.S. § 26-1-138 Memorandum of understanding - notification of risk - rules
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 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.
C.R.S. § 26-1-139 Child fatality and near fatality prevention - process - department of human services child fatality review team - reporting - rules - legislative declaration - definitions
26-1-139. Child fatality and near fatality prevention - process - department of human services child fatality review team - reporting - rules - legislative declaration - 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 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:
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;
(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;
se 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 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.
y 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 pursuant to subsection (5)(a) of this section, 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 the child's own home or in foster care, as defined in section 19-1-103, 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, case-specific 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.
y 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.
(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 subsection (2)(c) of this section, the legislative members of the team appointed pursuant to subsection (6)(f) of this section, the department of public health and environment, and the office of the child protection ombudsman pursuant to section 19-3.3-103 (1)(a)(II)(B).
(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, 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, 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.
king 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.
(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;
y 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;
(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.
C.R.S. § 26-1-140 State exception to HIPAA - significant threat to schools - legislative declaration - repeal
26-1-140. State exception to HIPAA - significant threat to schools - legislative declaration - repeal. (Repealed)
C.R.S. § 26-1-141 Departments - report required - hepatitis and HIV tests - definitions
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, 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.
C.R.S. § 26-1-142 Veteran suicide prevention pilot program - rules - report - definitions - repeal
26-1-142. Veteran suicide prevention pilot program - rules - report - definitions - repeal. (Repealed)
C.R.S. § 26-1-201 Programs administered - services provided - department of human services
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) to (c) Repealed.
(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 "Foster Care, Residential, Day Treatment, and Agency Licensing Act", part 9 of article 6 of this title 26;
(i) The subsidization of adoption program, as specified in article 7 of this title;
(j) The domestic violence, sexual assault, or culturally specific 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".
C.R.S. § 26-1-301 Definitions
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, decision-making, 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.
C.R.S. § 26-1-302 Colorado brain injury trust fund board - creation - powers and duties - reimbursement for expenses
26-1-302. Colorado brain injury trust fund board - creation - powers and duties - reimbursement for expenses. (1) There is created the Colorado brain injury trust fund board in the state department of human services. The brain injury trust fund board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(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 may be reimbursed for all reasonable expenses related to the members' work for the board.
(4) The terms of appointed board members shall be three years.
(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.
hall 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.
C.R.S. § 26-1-303 Administering entity for services for persons with traumatic brain injuries
26-1-303. Administering entity for services for persons with traumatic brain injuries. (Repealed)
C.R.S. § 26-1-304 Services for persons with brain injuries - limitations - covered services
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.
(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.
C.R.S. § 26-1-305 Education about brain injury
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.
C.R.S. § 26-1-306 Research related to treatment of brain injuries - grants
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 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.
C.R.S. § 26-1-307 Administrative costs
26-1-307. Administrative costs. The administrative expenses of the board and the state department are paid from money in the trust fund.
C.R.S. § 26-1-308 General fund moneys
26-1-308. General fund moneys. (Repealed)
C.R.S. § 26-1-309 Trust fund
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.
(5) All unexpended and unencumbered moneys remaining in the trust fund shall remain in the trust fund.
C.R.S. § 26-1-310 Reports to the general assembly
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.
C.R.S. § 26-1-311 Repeal
26-1-311. Repeal. (Repealed)
C.R.S. § 26-1-312 Brain injury support in the criminal justice system task force - duties - membership - report - repeal
26-1-312. Brain injury support in the criminal justice system task force - duties - membership - report - repeal. (Repealed)
C.R.S. § 26-1-701 Legislative declaration
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
(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.
C.R.S. § 26-1-702 Duties of the state department - contract to implement program - reporting requirement
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;
(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;
nd 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.
C.R.S. § 26-1-703 Respite care task force fund - creation
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: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.docxFetched: 10/6/2026