Colorado § 26-2-108 - Granting of assistance payments and social services - rules.

§ 26-2-108. Granting of assistance payments and social services - rules.

(1) (a) Upon completion of the verification and record of each application for assistance payments, the county department, pursuant to the rules of the state department, shall determine whether the applicant is eligible for assistance payments, the amount of such assistance payments to be granted, and the date upon which such assistance payments shall begin.

(b) (I) In determining the amount of assistance payments to be granted, due account shall be taken of any income or property available to the applicant and any support, either in cash or in kind, that the applicant may receive from other sources, pursuant to rules of the state department. Effective July 1, 2000, through December 31, 2016, a county may pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the state and county share of child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for the purpose of grant calculation. However, such income shall be considered income for purposes of determining eligibility. If a county chooses to pay child support collections directly to a family that is eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), the county shall report such payments to the state department for the month in which they occur and indicate the choice of this option in its performance contract for Colorado works. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.

(II) (A) Effective January 1, 2017, and upon the state department's notification to counties that the relevant human services case management systems, including the automated child support enforcement system and the Colorado benefits management system, are capable of directly and efficiently managing the distribution process for the child support pass-through, a county shall pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the amount of current child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for purposes of calculating a recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. The county shall report the amount of the child support payments to the state department for the month in which they occur. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.

(B) The general assembly may annually appropriate money to the state department in a separate line item to reimburse the counties for fifty percent of child support collections and the federal government for its share of child support collections that are passed through to temporary assistance for needy families (TANF) recipients pursuant to this subsection (1)(b)(II). The state department shall allocate and distribute the money to the counties. Notwithstanding the provisions of this subsection (1)(b)(II)(B) to the contrary, in any state fiscal year in which the general assembly does not appropriate an amount of money that is at least ninety percent of the total county share of collections passed through to the custodial party after the full federal share is paid pursuant to the provisions of this subsection (1)(b)(II)(B) for the prior fiscal year, the state department shall make all necessary changes to the relevant human services automated systems so that child support payments are not passed through to temporary assistance for needy families (TANF) recipients and a county is not required to, but may, implement the child support pass-through to TANF recipients. The total county share of collections passed through to the custodial party after the full federal share is paid for the fiscal year is determined as of the following December 1, as verified by the state department. If a county elects to implement a child support pass-through in a fiscal year in which no money is appropriated, the county must utilize its own resources and the state automated systems are not required to support the county's implementation.

(c) When the eligibility, amount, and date for beginning assistance payments have been established, the county department shall make an award to or on behalf of the applicant in accordance with rules of the state department, which award shall be binding upon the county and shall be complied with by the county until it is modified or vacated.

(d) (I) Except as provided in subparagraph (II) of this paragraph (d) and part 7 of this article, assistance payments under public assistance programs shall be paid at least monthly to or on behalf of the applicant upon order of the county department from funds appropriated to the county department for this purpose and pursuant to the rules of the state department.

(II) Assistance in the form of aid to the needy disabled for persons who are disabled as a result of a primary diagnosis of an alcohol use disorder or a substance use disorder related to controlled substances must be paid on the person's behalf to the substance use disorder treatment program in which the person is participating as required pursuant to section 26-2-111 (4)(e)(I) or to the person directly upon the person providing the documentation required pursuant to section 26-2-111 (4)(e)(II).

(e) The county department shall at once notify the applicant and the state department, in writing, of its decisions on assistance payments and the reasons therefor.

(2) The state department, by its rules, shall prescribe procedures for handling applications or requests for social services. Such rules may include, but need not be limited to, the determination of eligibility for social services, the services to be provided, the verification and record, and notice to applicants and the state department.

(3) Repealed.

Source: L. 73: R&RE, p. 1182, § 2. C.R.S. 1963: § 119-3-8. L. 83: (1)(b) amended, p. 856, § 2, effective July 1. L. 85: (1)(b) amended, p. 1362, § 25, effective June 28. L. 96: (1)(d) amended, p. 992, § 2, effective May 23. L. 97: Entire section amended, p. 1231, § 17, effective July 1. L. 99: (1)(d)(II) amended, p. 626, § 29, effective August 4. L. 2000: (1)(b) amended, p. 1711, § 7, effective July 1. L. 2008: (1)(b) amended, p. 1910, § 112, effective August 5. L. 2015: (1)(b) amended, (SB 15-012), ch. 285, p. 1153, § 1, effective August 5. L. 2017: (1)(d)(II) amended, (SB 17-242), ch. 263, p. 1332, § 218, effective May 25. L. 2020: (1)(b)(II)(B) amended and (3) added, (HB 20-1100), ch. 83, p. 335, § 1, effective September 14; (3) repealed, (HB 20-1388), ch. 124, p. 522, § 2, effective September 14.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

ANNOTATION

Law reviews. For note, "Aid to Families with Dependent Children — A Study of Welfare Assistance", see 44 Den. L.J. 102 (1967).

The legislative intent was to treat personal property and income differently. Francis v. State Bd. of Soc. Servs., 184 Colo. 136, 518 P.2d 1174 (1974).

The intention of the general assembly was to exclude annuities and other income from personal property. Francis v. State Bd. of Soc. Servs., 184 Colo. 136, 518 P.2d 1174 (1974).

The department, pursuant to its rule-making authority, may require an applicant to provide a social security number and may deny benefits if the applicant refuses to provide a social security number because of religious beliefs. Peister v. State Dept. of Soc. Serv., 849 P.2d 894 (Colo. App. 1992).

Department lacks authority to determine placement of neglected child. While the state department has the authority to prescribe procedures for handling requests and applications for social services through its rules and regulations, it may not encroach upon the court's exclusive jurisdiction to determine placement of a child adjudicated neglected, dependent, or delinquent. State Dept. of Soc. Servs. v. Arapahoe County Dept. of Soc. Servs., 642 P.2d 16 (Colo. App. 1981).