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Code of Colorado Regulations › 500,1008,2500 Department of Human Services › 2503 Income Maintenance (Volume 3) › 9 CCR 2503-6

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Text

DEPARTMENT OF HUMAN SERVICES

Income Maintenance (Volume 3)

COLORADO WORKS PROGRAM

9 CCR 2503-6

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

3.600

COLORADO WORKS PROGRAM [Rev. eff. 3/1/2022]

3.600.1 Performance Contract

County departments shall enter into a performance contract with the State Department, which may be

called a memorandum of understanding (MOU), regarding the delivery of Colorado Works programming.

This contract will outline performance measures that the county department is required to meet.

3.600.2 County Policies

County departments shall submit the following county policies to the State Department for review and

approval. The State Department is responsible for reviewing and approving county policies, assuring that

all counties are complying with all federal and State statutes and regulations. After approval by the State

Department, the county department shall have their State approved policies signed by their county board

of commissioners or the board’s designee and provide a signed copy back to the State Department. The

State Department will communicate, in advance, when a change to the list of required policies is made.

Counties that do not provide signed county policies within the timeframe required by the State

Department will operate under these broad State rules and default to the State defined policies.

The following policies are required:

Diversion

County Approved Settings

Workforce Requirements and Employment Outcomes

Disaster Assistance

Domestic Violence

Assistance and Supportive Payments

Substance Abuse (only required if practiced)

County departments should regularly review their Colorado Works policies to ensure alignment with

current county practice.

Code of Colorado Regulations

Secretary of State

State of Colorado

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utcomes

Disaster Assistance

Domestic Violence

Assistance and Supportive Payments

Substance Abuse (only required if practiced)

County departments should regularly review their Colorado Works policies to ensure alignment with

current county practice.

Code of Colorado Regulations

Secretary of State

State of Colorado

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3.600.3 Contracting

3.600.31

Private Contracting

The Board of County Commissioners may contract all or part of the Colorado Works program operation to

private or public providers. They may also choose to contract out the provision of goods or services to

Colorado Works (CW) eligible persons/families.

Prior to initiating a contract with a provider, the county shall:

Verify that the provider has not been debarred or suspended or otherwise found to be

ineligible for participation in federal assistance programs by consulting the ineligible

parties list at http://www.epls.gov.

Determine if the provider is acting as a sub-recipient and is therefore subject to OMB

Circular A-133 (2003) and expanded auditing and oversight requirements. No later

editions or amendments are incorporated. This circular is available at no cost from the

U.S. Government Publishing Office at 732 North Capitol St., N.W., Washington, D.C.

20002, or at

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/a133/a133.pdf.

These regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver,

CO 80203, during regular business hours.

All contracts shall:

Specify the Temporary Assistance for Needy Families (TANF) purpose(s) that is served

and/or supported, as outlined in the Code of Federal Regulations at 45 CFR 260.20

regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver,

CO 80203, during regular business hours.

All contracts shall:

Specify the Temporary Assistance for Needy Families (TANF) purpose(s) that is served

and/or supported, as outlined in the Code of Federal Regulations at 45 CFR 260.20

(2021). No later editions or amendments are incorporated. These regulations are

available at no cost from the U.S. Department of Health and Human Services at 200

Independence Ave., S.W., Washington D.C. 20201, or at https://www.ecfr.gov/. These

regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver,

CO 80203, during regular business hours.

Approximate, with reasonable certainty, the number of CW eligible persons to be served

and include the method used to calculate this number. This number and the calculation

used must be documented and made available upon request by the State Department for

audit purposes.

Outline the provider's eligibility verification process to ensure that goods and services are

provided to CW eligible persons/families.

Explain how the costs for the goods/services are calculated.

Prohibit supplantation.

Include a regular accounting of activities and costs at least twice a year.

Clarify that all expenditures for goods, services, or start-up funds be documented with a

purchasing document.

Ensure that the agency has the ability to clearly identify CW eligible individuals from

others in situations where an agency receives funding from multiple sources.

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f activities and costs at least twice a year.

Clarify that all expenditures for goods, services, or start-up funds be documented with a

purchasing document.

Ensure that the agency has the ability to clearly identify CW eligible individuals from

others in situations where an agency receives funding from multiple sources.

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Outline specific and measurable performance goals for the contract.

10.

Require, if the county chooses to, that a client apply for CW, sign a written agreement, or

complete an Individualized Plan.

11.

Ensure that a HIPPA agreement is signed and on-file in instances where the provider will

obtain protected health information. All other contracts must ensure reasonable

expectations for the provider to keep client information confidential and secure.

12.

Complete an audit in instances where the county is contracting $750,000 or more in CW

funds during the fiscal year, in compliance with OMB Circular A-133, as incorporated by

reference in section 3.600.31.a.2.

Some contracts may be classified as a community resource investment contract pursuant to

Section 26-2-707.5(1), C.R.S. These contracts do not require clients to complete an application, a

written agreement, or Individualized Plan, though the county may continue to require such

documentation per their own individual contracting procedures.

Community resource investment contracts shall meet all contract requirements as outlined above

in section 3.600.31 and shall:

Include the purpose of the contract and investment in the community.

Specify the income eligibility standards that are used.

Outline the county’s dispute resolution process if it differs from that outlined in section

3.609.6.

3.600.32

County Contract with Religious Organizations

Counties may contract with religious organizations for the payment of cash assistance or provision of

services

Include the purpose of the contract and investment in the community.

Specify the income eligibility standards that are used.

Outline the county’s dispute resolution process if it differs from that outlined in section

3.609.6.

3.600.32

County Contract with Religious Organizations

Counties may contract with religious organizations for the payment of cash assistance or provision of

services. If the individual objects to being served by the religious organization chosen as a contractor, the

county must provide alternative means for the individual or family to receive benefits, assistance, or

services. Contract agencies providing services to individuals must have the ability to provide services that

are equitable and make all services available offered to every client.

3.600.4 State Flexibility for Pilot Programs

Nothing in these rules prohibits the State Department from piloting programs to serve the TANF

population within the bounds of federal regulations for the program. Pilot programs may be offered at the

State level or in partnership with one or more county departments. Pilot programs may be designed to

serve a subset of clients based on broad-based eligibility factors and may have different eligibility criteria

than listed in this rule volume.

3.600.5 Program Review and Oversight

County department supervisory personnel and/or quality assurance staff shall review eligibility

determinations (certifications, denials, and/or pending cases) monthly. Supervisory personnel and/or

quality assurance staff shall:

Review a minimum number of cases, including specific programs and/or actions, per month as

outlined annually by the State Department based on the county department’s Colorado Works

caseload size. The State Department will notify the county of the minimum number of cases to be

reviewed.

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and/or

quality assurance staff shall:

Review a minimum number of cases, including specific programs and/or actions, per month as

outlined annually by the State Department based on the county department’s Colorado Works

caseload size. The State Department will notify the county of the minimum number of cases to be

reviewed.

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The county may elect to:

Create a plan to pull a random sample that includes at least the minimum number of

Colorado Works cases set forth by the State Department and submit that plan to the

State for approval.

Use the State prescribed random sample.

Determine the correctness of eligibility determinations;

Ensure correction of any errors within ten (10) business days or the time frame specified within

the approved review plan;

Maintain a record of the cases reviewed for audit purposes, including audit results and any

required actions taken by the county. County departments must keep case file reviews for a

minimum of three (3) years; and;

Report these results and actions to the State on a monthly basis via the state prescribed process.

3.601

Program Definitions

“Adequate” (related to notice) means a written notice sent to the client which details any determination of

eligibility, as well as a change or discontinuation of grant payments and the reason for that change.

“Administrative Disqualification Hearing” (ADH) means a disqualification hearing against an individual

accused of wrongfully obtaining or attempting to obtain assistance.

“Administrative error claim” means a client was overpaid and a claim validated based on an error on the

part of the county department of human services.

“Administrative Law Judge” (ALJ) means an Administrative Law Judge appointed pursuant to Section 24-

30-1003, C.R.S.

“Adverse action” means a county action to reduce grant payments or to deny an application

ning or attempting to obtain assistance.

“Administrative error claim” means a client was overpaid and a claim validated based on an error on the

part of the county department of human services.

“Administrative Law Judge” (ALJ) means an Administrative Law Judge appointed pursuant to Section 24-

30-1003, C.R.S.

“Adverse action” means a county action to reduce grant payments or to deny an application. A reduction

may be the result of a sanction, a demonstrable evidence closure, or ineligibility based on income or

household changes.

“Applicant” means any individual or family who individually or through an authorized representative or

someone acting responsibly for him or her has applied for benefits under the programs of public

assistance administered or supervised by the State Department pursuant to Title 26, Article 2, C.R.S., as

defined at Section 26-2-103(1), C.R.S.

“Application” means an initial or redetermination request on State approved forms (paper or electronic) for

a grant payment and/or services.

“Approval” means assistance is authorized by the county department.

“Assessed need” means any identified need of a client or family receiving Colorado Works grant

payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation

or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four

(4) months without a new assessment.

“Assistance unit” means individuals who live together and who are receiving grant payments as one

household.

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ine living expenses that is designed to deal with a specific crisis situation

or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four

(4) months without a new assessment.

“Assistance unit” means individuals who live together and who are receiving grant payments as one

household.

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“Authorized representative” means someone acting reasonably for the client with the authority to make

decisions on behalf of the client and who has taken responsibility for the case, including but not limited to,

signing documents and speaking with county departments. The authorization must be in writing and

signed by the client.

“Basic cash assistance” means a recurrent cash payment intending to meet ongoing needs.

“Budgetary unit” means those people whose income is considered in the determination of eligibility and

grant payment calculation because they are considered financially responsible for members of an

assistance unit. Members of the budgetary unit can be in the assistance unit or outside of the assistance

unit.

“Caretaker” means a person who exercises the responsibility for a child.

“Certification period” means the time period for which a CW client is approved to receive grant payments

before a redetermination is required.

“Claim” means an overpayment of a grant payment, diversion, or supportive payment that needs to be

researched and validated by the county department.

“Clear and convincing” evidence is stronger than “a preponderance of evidence” and is unmistakable and

free from serious or substantial doubt.

“Client” means a current or past applicant or a current or past recipient of a Colorado Works grant

payment.

“Client error claim” means a client was overpaid and a claim was validated based on unintentional or

willful withholding of information on the part of the client

nvincing” evidence is stronger than “a preponderance of evidence” and is unmistakable and

free from serious or substantial doubt.

“Client” means a current or past applicant or a current or past recipient of a Colorado Works grant

payment.

“Client error claim” means a client was overpaid and a claim was validated based on unintentional or

willful withholding of information on the part of the client.

“Collateral contact” means a person outside the client’s household (excluding sponsor(s) and landlord

who also live in the home) who has first-hand knowledge of the client’s circumstance and provides a

verbal or written confirmation thereof. This confirmation may be made either in person, in writing,

electronically submitted, or by telephone. Acceptable collateral contacts include but are not limited to:

employers, landlords, social/migrant service agencies, and medical providers who can be expected to

provide accurate third-party verification. The name/title of the collateral contact as well as the information

obtained must be documented in the statewide automated system.

“Colorado Works” is the Temporary Assistance for Needy Families (TANF) program in Colorado.

“Countable income” means income considered available to the individual after the application of valid

exemptions, disregards, and deductions.

“County department” means the county department of human/social services.

“County policy(ies)” means the written county policies governing the Colorado Works program as

approved by the State Department and county board of commissioners or their designee.

“County worker” means an employee or designated representative of the county department.

“County approved setting” means a living arrangement evaluated and deemed appropriate by the county

department according to county policy.

“Demonstrable evidence” means evidence that a Colorado Works client has refused to comply with the

workforce program.

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ans an employee or designated representative of the county department.

“County approved setting” means a living arrangement evaluated and deemed appropriate by the county

department according to county policy.

“Demonstrable evidence” means evidence that a Colorado Works client has refused to comply with the

workforce program.

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“Denial” means that a Colorado Works application was denied because the client was not eligible for a

grant payment upon application.

“Dependent child(ren)” means a person who resides with a parent or non-parent caretaker and who is:

Under eighteen (18) years of age; or,

Between the ages of eighteen (18) and nineteen (19) and a full-time student in a secondary

school or in the equivalent level of vocational or technical training (including seeking to obtain

high school equivalency) and expected to complete the program before age nineteen (19).

“Discontinuation” means that a client who is currently receiving a grant payment is no longer eligible and

his or her grant payment will be stopped.

“Disqualified person” means a person who would be a member of the assistance unit but is ineligible due

to program prohibitions.

“Diversion” means a short-term cash payment (not to extend beyond four (4) months) intended to meet an

episode of need.

“Domestic violence” (also known as family violence) means a pattern of coercive control one individual

inflicts upon another in the context of familial, household, or intimate partner (current or former)

relationships including marriage and dating. Violence may be inflicted through a variety of means

including, but not limited to:

Physical acts threatening or resulting in physical injury to the individual, including hitting,

punching, slapping or biting;

Intimidation resulting in fear of imminent bodily harm through the use of gestures, displays of

weapons, or destruction of property, including pets;

ps including marriage and dating. Violence may be inflicted through a variety of means

including, but not limited to:

Physical acts threatening or resulting in physical injury to the individual, including hitting,

punching, slapping or biting;

Intimidation resulting in fear of imminent bodily harm through the use of gestures, displays of

weapons, or destruction of property, including pets;

Threats of or attempts at physical or sexual abuse or other means of coercion and control,

including harm to or threats to harm children, other family members, or pets;

Sexual abuse or threats to inflict nonconsensual sexual acts, including sexual activity with a

minor;

Mental, emotional, or psychological abuse including degradation, constant put-downs, or

humiliation that results in a reduced ability to engage in daily activities;

Isolation from friends, family, or any type of emotional support system;

Neglect or deprivation of medical care;

Stalking;

Economic abuse or control of finances through withholding money or sabotaging attempts to

attain economic self-sufficiency; and/or,

Child molestation, incest.

“Domestic violence survivor” means any person who has experienced or is experiencing domestic

violence as defined above.

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“Earned income” means payment in cash or in-kind received by an individual for services performed as

an employee or as a result of being engaged in self-employment.

“Effective date of eligibility” means the first date a client is eligible for the public assistance program.

“Eligibility requirements” means criteria used to determine individuals eligible or ineligible to receive grant

payments and/or services.

“Eligible client” means a client whose countable income is below the grant standard and who meets all

non-financial eligibility criteria.

“Emancipated juvenile” means the same as in Section 19-1-103(45), C.R.S

lient is eligible for the public assistance program.

“Eligibility requirements” means criteria used to determine individuals eligible or ineligible to receive grant

payments and/or services.

“Eligible client” means a client whose countable income is below the grant standard and who meets all

non-financial eligibility criteria.

“Emancipated juvenile” means the same as in Section 19-1-103(45), C.R.S.

“Exceptional disengagement” means a pattern of documented non-compliance with the Individualized

Plan over a span of time without reporting good cause. The pattern must clearly demonstrate repetitive

disengagement from the program over a span of not more than two (2) months, such as three (3)

consecutive times in one (1) month or four (4) times in two (2) months. Exceptional disengagement does

not exist when a client has demonstrated an unmet need for transportation or childcare or when domestic

violence or a disability impact a client. Exceptional disengagement is reported to the State Department via

a State prescribed review process.

“Excluded person” means a person who is not included in the assistance unit or budgetary unit.

“Exempt income” means any income that is not countable income for the purpose of eligibility.

"Federal Poverty Guidelines" also called Federal Poverty Level (FPL) means the income level for a

household as set forth in the Federal Register 86 FR 7732, 7732-7734, as of February 1, 2021. This rule

does not contain any later amendments or editions. These guidelines are available for no cost at

https://www.federalregister.gov/. These guidelines are also available for public inspection and copying at

the Colorado Department of Human Services, Director of the Division of Economic and Workforce

Support, 1575 Sherman Street, Denver, Colorado, 80203, or at any state publications library during

regular business hours.

“Fleeing felon” means a person fleeing to avoid prosecution or custody or confinement after conviction for

a felony.

“Fraud” means the same as in Section 26-1-127(1), C.R.S

copying at

the Colorado Department of Human Services, Director of the Division of Economic and Workforce

Support, 1575 Sherman Street, Denver, Colorado, 80203, or at any state publications library during

regular business hours.

“Fleeing felon” means a person fleeing to avoid prosecution or custody or confinement after conviction for

a felony.

“Fraud” means the same as in Section 26-1-127(1), C.R.S.

“Family violence option (FVO) trained worker” means a county worker or contract staff who has

participated in the State prescribed FVO training.

“Good cause” means circumstances beyond the control of the client. Good cause includes, but is not

limited to, medical emergencies or hospitalization; a client who has a disability or other medical

condition(s) requiring additional time and/or assistance; a delayed appointment with the Social Security

Administration beyond the client's control; a client who is experiencing domestic violence, a child-only

case, and a client who is the head of a single-parent household who has a child under one (1) year of

age, or other good cause determined reasonable by the county department using the prudent person

principle, including the reasons outlined in 3.608.3. Related to the appeal process, the following

circumstances do not constitute good cause: an excessive workload of a party or his or her representative

or attorney; when a party obtains legal representation in an untimely manner; a party or his or her

representative or attorney’s failure to either receive or timely receive, a timely mailed initial decision, or

other timely mailed correspondence from the Office of Administrative Courts, the Office of Appeals, or the

county department; when a party or his or her representative or attorney has failed to advise the Office of

Administrative Courts, the county department, or the Office of Appeals of a change of address or failed to

provide a correct address; or any other circumstance which was foreseeable or preventable.

mailed correspondence from the Office of Administrative Courts, the Office of Appeals, or the

county department; when a party or his or her representative or attorney has failed to advise the Office of

Administrative Courts, the county department, or the Office of Appeals of a change of address or failed to

provide a correct address; or any other circumstance which was foreseeable or preventable.

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“Grant payment” means the Colorado Works program payment that can either be basic cash assistance

or diversion. Grant payments may also be referred to as the benefit.

“Grant standard” means the maximum Colorado Works grant payment that can be provided to a client

based on the household composition, not including diversion or assessed need.

“Guardian” means the same as in Section 26-2-703(10.2), C.R.S.

“Immediate family member” means spouses, child(ren), parents, siblings, and the spouses of those

persons.

“Income” means any financial gain by means of money payment or in-kind payment. Payments made

directly to a vendor are not income.

“Income reporting standard” means the amount of income which requires an assistance unit to report an

increase in earnings during a certification period.

“In-kind” means something of value received for the benefit of a client or sponsor(s) of a client and is

considered either earned or unearned income. Examples of this are food or shelter that the client

received for free or at fair market value or less.

“Intent” and/or “intentionally” means the same as in Section 18-1-501(5), C.R.S.

“Intentional program violation” (IPV) occurs when an individual makes a false or misleading statement or

fails to disclose by misrepresentation or concealment of facts, or acts in a way that is intended to mislead

or conceal any eligibility factor on any application or other written and/or electronic communication for the

purpose of establishing or maintaining eligibility to:

18-1-501(5), C.R.S.

“Intentional program violation” (IPV) occurs when an individual makes a false or misleading statement or

fails to disclose by misrepresentation or concealment of facts, or acts in a way that is intended to mislead

or conceal any eligibility factor on any application or other written and/or electronic communication for the

purpose of establishing or maintaining eligibility to:

Receive a grant payment for which the client is not eligible; or,

Increase a grant payment for which the client is not eligible; or,

Prevent a denial, reduction or termination of a grant payment.

“Investigation’s Conclusion” means the investigation into an IPV has concluded and the amount of

overpayment has been determined.

“Irregular” (related to income) means income which an individual cannot reasonably expect to receive on

a monthly basis.

“Liable individual” means a person financially responsible for an overpayment including the client,

sponsor(s) of a client, a payee, parents of dependent children, and/or other persons determined to be

financially liable by a court.

“Medical services” means services that are allowable or reimbursable under Title XIX of the Social

Security Act.

“Minor” means a person who is under the age of eighteen (18).

“Noncustodial parent” means an individual who, at the time he or she requests and receives program

services:

Is a parent of a minor child; and,

Is a resident of Colorado; and,

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ices that are allowable or reimbursable under Title XIX of the Social

Security Act.

“Minor” means a person who is under the age of eighteen (18).

“Noncustodial parent” means an individual who, at the time he or she requests and receives program

services:

Is a parent of a minor child; and,

Is a resident of Colorado; and,

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Does not live in the same household as the minor child.

"Overpayment” means a payment was made in excess of the amount a client was eligible for.

“Parent” means an adoptive or natural/biological parent, including an expectant parent.

“Periodic payments” means payments that are irregular or a one-time payment.

“Potential income” means a benefit or payment to which the client or sponsor(s) of a client may be entitled

and could secure, such as spousal support, annuities, pensions, retirement or disability benefits, veterans

compensation and pensions, workers' compensation, Social Security retirement or disability benefits,

Supplemental Security Income (SSI) benefits, and unemployment compensation.

“Produce” means to provide for inspection either: 1) an original or 2) a true and complete copy of the

original document. A document may be produced either in person, electronically, or by mail.

“Program prohibitions” means any of the following that prevents a required member of the assistance unit

from participating in the Colorado Works program.

The individual has misrepresented his or her residence to receive TANF benefits or services

simultaneously in two or more states;

The individual is a fugitive or fleeing felon;

The individual is a non-citizen who does not meet the definition of an eligible qualified non-citizen;

The individual has been convicted of welfare fraud under the laws of this State as described in

Section 26-1-127, C.R.S., any other state, or the federal government

e to receive TANF benefits or services

simultaneously in two or more states;

The individual is a fugitive or fleeing felon;

The individual is a non-citizen who does not meet the definition of an eligible qualified non-citizen;

The individual has been convicted of welfare fraud under the laws of this State as described in

Section 26-1-127, C.R.S., any other state, or the federal government. The individual convicted of

fraud shall not be permitted to receive grant payments but may receive services as deemed

necessary; or,

The individual lacks or failed to provide a Social Security Number (SSN) or proof of application for

a SSN.

“Prudent person principle” means that, based on experience and knowledge of the program, the county

department exercises a degree of discretion, care, judiciousness, and circumspection, as would a

reasonable person, in a given case.

“Qualified non-citizen” is the same as “qualified alien” in 8 U.S.C. 1641(b) and the language, including all

notes, in 8 U.S.C. § 1101 and may also be referred to as a legal immigrant.

“Questionable” means the information provided is unclear, conflicting information has been provided, or

the county has reason to believe facts presented are contrary to the information provided by the client.

“Received” (for the purpose of income) means the date on which the income is actually received or legally

becomes available for use, whichever occurs first, whether reported timely by the client or not.

“Received” (as it applies to receipt of verification, documentary evidence, and reported changes in

circumstances) means the date the verification, documentary evidence, and reported changes were

received by the county department.

“Recovery” means the collection of a valid claim to repay grant payments to which a client was not

entitled.

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as it applies to receipt of verification, documentary evidence, and reported changes in

circumstances) means the date the verification, documentary evidence, and reported changes were

received by the county department.

“Recovery” means the collection of a valid claim to repay grant payments to which a client was not

entitled.

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“Redetermination” means a case review/determination of necessary information and verifications to

determine ongoing eligibility and may also be called renewal.

“Responsibility/exercising responsibility” means the accountability for and obligation to make decisions on

behalf of a child(ren).

“Sanction” means a reduction in Colorado Works grant payments for an established period of time as a

result of not participating in the Workforce Development program.

“Scheduled appointment” or “scheduled interview” means an appointment or interview set using a State

prescribed or State approved appointment notice provided to the client.

“Self-employment” means work that is performed at the client's discretion either informally, as an

independent contractor or as the owner of a business and not for an employer. Self-employment does not

include S-Corps or Limited Liability Companies (LLC).

“Signature” means handwritten signatures, electronic signature techniques, recorded telephonic

signatures, or documented gestured signatures. A valid handwritten signature includes a designation of

an x. For Individualized Plans and conditions agreements, a verbal agreement is an acceptable signature

and must be substantiated with an electronic, recorded telephonic, or written agreement of the terms.

“Sponsor” means any person(s) who executed an affidavit of support (USCIS form I-864 or I-864a (March

6, 2018)) or another form deemed legally binding by the Department of Homeland Security on behalf of a

non-citizen as a condition of the non-citizen's date of entry or admission into the United States as a

permanent resident

th an electronic, recorded telephonic, or written agreement of the terms.

“Sponsor” means any person(s) who executed an affidavit of support (USCIS form I-864 or I-864a (March

6, 2018)) or another form deemed legally binding by the Department of Homeland Security on behalf of a

non-citizen as a condition of the non-citizen's date of entry or admission into the United States as a

permanent resident. These forms are herein incorporated by reference. This rule does not contain any

later amendments or editions. These forms are available at no cost from https://www.uscis.gov/forms.

These forms are also available for public inspection and copying at the Colorado Department of Human

Services, Director of the Division of Economic and Workforce Support, 1575 Sherman Street, Denver,

Colorado, 80203, or at any state publications library during regular business hours.

“State Department” or “the Department” means the Colorado Department of Human Services.

“Statewide automated system” means the electronic platform used to calculate public assistance program

benefits and grant payments.

“Supplantation” means the replacement of county funds serving Colorado Works clients with block grant

funds and the use of those county fund savings for purposes other than the Colorado Works program.

“Supportive payment” means a payment and/or service in addition to basic cash assistance or diversion

that is based on an assessed need.

“Termination” means that the client who is currently receiving Colorado Works program grant payments is

no longer eligible and his or her grant payments will be stopped.

“Timely notice” means the county shall generate a notice to the client at least eleven (11) calendar days

prior to the initiation of any adverse action. This shall be sent to his or her last address known to the

county department.

“Unearned income” means any income received by a client or sponsor(s) of a client that is not earned

through employment or self-employment

rant payments will be stopped.

“Timely notice” means the county shall generate a notice to the client at least eleven (11) calendar days

prior to the initiation of any adverse action. This shall be sent to his or her last address known to the

county department.

“Unearned income” means any income received by a client or sponsor(s) of a client that is not earned

through employment or self-employment.

“Unintentional” or “without intent” means an act, or something done or performed that was not voluntary

or intended.

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“Verification” or “verify” means confirming statements, application information, and other case information

by obtaining written, audio, or other evidence or information that proves such fact or statement to be true.

“Verified upon receipt” means information that is provided directly from the primary source and is not

questionable and no additional verification is required.

“Willful” means the same as in in Section 18-1-501(6), C.R.S.

“Willful withholding of information” includes:

Willful misstatement including understatement, overstatement, or omission, whether verbal or

written, made by a client in response to verbal or written questions from the county department;

and/or,

Willful failure by a client to report changes in income or other circumstances which may affect the

amount of grant payment.

“Withdraw” or “withdrawal” means an application is not processed because the client who submitted the

application withdraws his or her request for assistance prior to eligibility determination, or requests his or

her grant payment be discontinued.

“Workforce Development (WD)” means the program provided to clients determined to be work eligible as

described in section 3.607.

3.602

Applications for Colorado Works

3.602.1 Applications

An individual shall have the opportunity to apply for Colorado Works assistance without delay

er request for assistance prior to eligibility determination, or requests his or

her grant payment be discontinued.

“Workforce Development (WD)” means the program provided to clients determined to be work eligible as

described in section 3.607.

3.602

Applications for Colorado Works

3.602.1 Applications

An individual shall have the opportunity to apply for Colorado Works assistance without delay.

When an individual is unable to make an application in person at the county department, the

county department, upon request of the applicant, shall mail the State Department’s prescribed

public assistance application form or assist the individual in applying for assistance utilizing other

forms of the State Department’s prescribed application.

County departments shall not require any pre-eligibility screening process designed to

deter individuals from applying for Colorado Works benefits, services, and/or payment. All

applications shall be accepted by the county department and entered into the statewide

automated system to determine the applicants’ eligibility for the program.

County departments shall accept applications for Colorado Works during normal

business hours. They shall not be restricted to a certain day or time of day. County

departments shall not refer applicants to community resource providers in place of

allowing them to apply for Colorado Works benefits or otherwise limiting opportunities to

apply for Colorado Works. In addition, county departments shall accept applications at all

Human/Social Services departments for public assistance locations. The application date

shall be the date that the application is received in the public assistance office.

If the applicant wishes to terminate the process before the application is completed, it

shall be treated as an “inquiry” and the application will not be acted upon for a

determination of eligibility. An inquiry is a request of information about eligibility

requirements for public assistance

The application date

shall be the date that the application is received in the public assistance office.

If the applicant wishes to terminate the process before the application is completed, it

shall be treated as an “inquiry” and the application will not be acted upon for a

determination of eligibility. An inquiry is a request of information about eligibility

requirements for public assistance. If the applicant wishes to terminate the process after

the application is submitted, it shall be treated as a “withdrawal/denial.”

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An applicant may choose to withdraw his or her application anytime during the application

process or after a grant payment is determined. A decision by the applicant to withdraw

shall be treated as a denial by the county department. The applicant shall be notified of

the action of the county department on the State-approved Notice of Action form.

County departments shall simplify the requirements relating to determination and

verification of eligibility criteria, such as accepting the simplist form of eligibility verification

possible. County departments may use other public assistance program’s eligibility forms

and processes when redetermining and verifying eligibility.

Administrative Review

All Colorado Works clients whose benefits have been denied, reduced or terminated shall receive

timely and adequate notice of the denial or change in benefits in accordance with section 3.609.1.

In addition, the client shall have the right to appeal a county department’s action in accordance

with State rules pursuant to Section 3.609.7. A Colorado Works client receiving basic cash

assistance shall have benefits continued if an appeal is filed timely in accordance with rules at

Section 3.609.1.E.2.

General information concerning public assistance programs shall be provided to all persons

seeking information. This shall be provided in writing by the county department

on in accordance

with State rules pursuant to Section 3.609.7. A Colorado Works client receiving basic cash

assistance shall have benefits continued if an appeal is filed timely in accordance with rules at

Section 3.609.1.E.2.

General information concerning public assistance programs shall be provided to all persons

seeking information. This shall be provided in writing by the county department. In addition, verbal

notice shall be provided to all persons seeking information when requested. Available information

shall include:

Information about the Colorado Works Program;

Conditions of eligibility;

Scope of benefits;

Time limits;

Related services available;

Domestic violence waivers; and,

Rights and responsibilities of clients.

The county department shall ensure that no information concerning a client is released without

authorization except as outlined in E.2.i below. In circumstances when a client needs assistance

with the application process, information shall not be released by the county department to the

assisting individual(s) unless the individual is accompanied by the client, or is the client’s

authorized representative, or a written authorization to release information is obtained from the

client. Upon request, the county department shall provide assistance in completing the application

form.

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When a client is a person with disabilities and is unable to complete the forms the spouse, other

relative, friend, or authorized representative may complete the forms. When no such person is

available to assist in these situations, the county department must assist the client in the

completion of the necessary forms. The county department also may refer the client to a legal or

other resource. The county shall provide reasonable accommodations under the Americans with

Disabilities Act for disabled clients

end, or authorized representative may complete the forms. When no such person is

available to assist in these situations, the county department must assist the client in the

completion of the necessary forms. The county department also may refer the client to a legal or

other resource. The county shall provide reasonable accommodations under the Americans with

Disabilities Act for disabled clients. The county department shall make referral to the Social

Security Administration (SSA) office for all aged, disabled, or blind clients that may be eligible to

receive SSA benefits. However, this shall not negate the county department’s responsibility to

obtain and process the application. In the event that a client needs assistance in submitting and

completing an application, the individual providing this assistance is not considered to be the

authorized representative unless the required prescribed or approved State form has been signed

indicating such authority for the individual to be the authorized representative on the case.

Applications for clients in special situations shall be handled as follows:

Clients who cannot write their names shall make a mark, and such mark shall be

witnessed by the signature of at least one witness. The printed name and address of

such witness shall follow the signature. County workers may act as witnesses if not

related to the client.

A client receiving medical treatment in a medical facility shall submit an application to the

county department in which the facility is located. When a county department receives an

application for a client whose place of residence is in another county, the application shall

be forwarded to that county department for processing. When a client has no

determinable county of residence, the county department in which the facility is located

shall process the application.

application to the

county department in which the facility is located. When a county department receives an

application for a client whose place of residence is in another county, the application shall

be forwarded to that county department for processing. When a client has no

determinable county of residence, the county department in which the facility is located

shall process the application.

An application for a client in a public institution shall be processed by the county

department where the client has established residence or the county in which the court is

located which issued a confinement order. When the application process is completed,

the case shall become the responsibility of the county department in which the institution

is located.

All clients’ rights shall be preserved. The signed release of information form/authorization

to release information form may be used only for the entities/agencies for which it is

intended. No subset of that agency or legal entity attached to that agency shall be

included in the authorization to release information unless specified by the client.

Receiving Applications for Colorado Works Benefits

When receiving applications for benefits, county workers shall:

Record the date the signed application was received by the county department.

Review applications for completeness and determine eligibility for assistance;

Schedule an interview with the client if the interview is not taking place

immediately.

The client shall be offered an in-person interview at redetermination. if

the client does not elect an in-person interview, the county shall schedule

and conduct a phone interview.

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mpleteness and determine eligibility for assistance;

Schedule an interview with the client if the interview is not taking place

immediately.

The client shall be offered an in-person interview at redetermination. if

the client does not elect an in-person interview, the county shall schedule

and conduct a phone interview.

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The client shall be provided written notice of the interview at least four (4)

calendar days of the scheduled interview. The client may provide a

written or verbal waiver that written notice of the scheduled interview is

not necessary when the county department is able to conduct the

interview during application processing. Notice shall include:

The date and time for the interview;

Identification of any documentation that may be needed;

The opportunity to reschedule the appointment or make other

arrangements in the event of good cause.

When the client does not keep the interview appointment and does not

request an alternate time or arrangement, as described in this section,

grant payments will be denied.

Make a home visit when required by county policy to determine a county

approved setting for a minor client; and,

Refer the client to other services when appropriate. Applications that have been

approved for refugees shall be referred to the Colorado Refugee Services

Program for other ongoing case management and services offered through

Colorado Works.

The application process shall consist of all activity from the date the application is

received from the client until a determination concerning eligibility is made. Language

translation via interpreter shall be provided by the county department of residence as

needed. The major steps in the application process shall include:

The application shall be date stamped by the county department to secure the

application date for the client;

An explanation shall be provided to the client of the various benefit options;

rmination concerning eligibility is made. Language

translation via interpreter shall be provided by the county department of residence as

needed. The major steps in the application process shall include:

The application shall be date stamped by the county department to secure the

application date for the client;

An explanation shall be provided to the client of the various benefit options;

An explanation shall be provided to the client of the eligibility factors;

An explanation shall be provided to the client of the client’s responsibility to

accurately and fully complete the application, provide documents to substantiate

or verify eligibility factors, and that the client may use friends, relatives, or other

persons to assist in the completion of the application;

An assurance shall be provided to the client of the county worker's availability to

assist in the completion of the application and to secure needed documentation

which the client is unable to otherwise secure;

An explanation shall be provided to the client of the process to determine

eligibility;

An explanation shall be provided to the applicant of the client’s rights and

responsibilities including confidentiality of records and information, the right to

non-discrimination provisions, the right to a county dispute resolution process,

the right to a State-level appeal, the right to apply for another category of

assistance and that a determination of the client’s eligibility for such other

assistance will be made;

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cluding confidentiality of records and information, the right to

non-discrimination provisions, the right to a county dispute resolution process,

the right to a State-level appeal, the right to apply for another category of

assistance and that a determination of the client’s eligibility for such other

assistance will be made;

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An explanation shall be provided to the client that the client may withdraw from

the application process at any time.

The agency shall inform all clients in writing at the time of application that the

agency will use all Social Security Numbers (SSN) of required household

members to obtain information available through state identified sources. One

interface includes, but is not limited to, the Income and Eligibility Verification

System (IEVS) used to obtain information of income, eligibility, and the correct

amount of assistance payments. Information gathered through State identified

sources may be shared with other assistance programs, other states, the Social

Security Administration, the Department of Labor and Employment, and the Child

Support Services Program as permitted by Section 26-1-114, C.R.S.; and,

An explanation shall be provided to the client of all Colorado Works program

benefits and requirements applicable to the family members in the household.

The county department shall, when appropriate, provide the information verbally

and in written form.

An explanation provided regarding the process of utilizing the Electronic Benefit

Transfer (EBT) card

ted by Section 26-1-114, C.R.S.; and,

An explanation shall be provided to the client of all Colorado Works program

benefits and requirements applicable to the family members in the household.

The county department shall, when appropriate, provide the information verbally

and in written form.

An explanation provided regarding the process of utilizing the Electronic Benefit

Transfer (EBT) card. This explanation shall include:

Identification of the following establishments as described in Section 26-

2-104(2), C.R.S.in which clients shall not be allowed to access cash

benefits through the Electronic Benefits Transfer services from

automated teller machines and point of sale (POS) devices:

Licensed gaming establishments as defined in Section 44-30-

103(18), C.R.S.;

In-state simulcast facilities as defined in 44-32-102(11), C.R.S.;

Tracks for racing as defined in Section 44-32-102(24), C.R.S.;

Commercial bingo facilities as defined in Section 24-21-602(11);

Stores or establishments in which the principal business is the

sale of firearms;

Retail establishment licensed to sell malt, vinous, or spirituous

liquors except for liquor-licensed drug stores as defined in

Section 44-3-410, C.R.S.;

Establishments licensed to sell medical marijuana or medical

marijuana-infused products, or retail marijuana or retail

marijuana products; and,

Establishments that provide adult-oriented entertainment in

which performers disrobe or perform in an unclothed state for

entertainment.

An explanation that the cash portion issued on the EBT card may be

suspended with identified misuse of the EBT card at the above prohibited

locations.

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r retail

marijuana products; and,

Establishments that provide adult-oriented entertainment in

which performers disrobe or perform in an unclothed state for

entertainment.

An explanation that the cash portion issued on the EBT card may be

suspended with identified misuse of the EBT card at the above prohibited

locations.

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An application has been made when the county department receives the signed public

assistance application forms meeting the criteria identified in Section 3.602.1.F. An

application is different from an inquiry.

An application must be accepted by any county department; however, it is the

responsibility of the county of residence to determine eligibility. The county department

that received the application incorrectly shall forward the application to the county of

residence promptly.

An application may be submitted by the client or by an individual acting on the client’s

behalf when the client is unable to submit an application.

To be accepted, applications for Colorado Works can only be made by a caretaker with

whom a dependent child(ren) is living.

Minimum Application Requirements

The county department shall require a written application, signed under penalty of

perjury, using the State Department's prescribed public assistance form.

The application form shall be used as the primary source of information. To be

considered complete, the application shall contain, at a minimum, the name of the client,

signature of the client or authorized representative, and an address for the client which

can include general delivery or a county office. If an address is not provided, another

means of contact such as phone number or email address must be utilized to obtain an

address.

The date of application shall be the first working day the county department receives a

signed application form, which indicates the client’s desire to receive public assistance

, and an address for the client which

can include general delivery or a county office. If an address is not provided, another

means of contact such as phone number or email address must be utilized to obtain an

address.

The date of application shall be the first working day the county department receives a

signed application form, which indicates the client’s desire to receive public assistance.

The application must be date stamped with the date the county department receives the

signed application to secure the application date.

Information Sharing

There are public assistance programs that are to be jointly administered by county departments.

This requires sharing of information to the extent permitted by Section 26-1-114, C.R.S.

Communications from one division to the other shall be formalized so that they serve a purpose,

and there is a record of that purpose.

Confidentiality

Information regarding families shall remain confidential and available only for the purposes

authorized by federal or State law as described in Section 3.609.73, Protections to the Individual.

Processing Standard

The county department shall process applications as expeditiously as possible but no later than

forty-five (45) calendar days following the application date as described in Section 3.602.1.F.3.

The county department shall consider an application for Colorado Works to be an

application for all programs of public assistance, except for child welfare services, for

which the client has requested assistance. County departments shall make clients aware

of other services and assistance under other public assistance programs that they may

be eligible.

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consider an application for Colorado Works to be an

application for all programs of public assistance, except for child welfare services, for

which the client has requested assistance. County departments shall make clients aware

of other services and assistance under other public assistance programs that they may

be eligible.

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The determination should be followed by a written notification of eligibility status to the

client. Clients who refuse to cooperate in completing the application processes shall be

denied based upon timely noticing in accordance to Section 3.609.1. In cases where

verification is incomplete, the county department shall provide the client with a statement

of required verification on the State prescribed notice form and offer to assist the client in

obtaining the required verification. The county department shall allow the client eleven

(11) calendar days to provide the missing verifications, unless the client can provide good

cause or the verification falls under the programs verification at an individual level

described in Section 3.604.3 . If good cause is provided, the client shall have until the

twentieth (20th) calendar day following the date of application to provide the necessary

verification. The State prescribed notice form shall reflect specific months of eligibility and

ineligibility.

Following a determination of ineligibility, applications remain valid for a period of thirty

dividual level

described in Section 3.604.3 . If good cause is provided, the client shall have until the

twentieth (20th) calendar day following the date of application to provide the necessary

verification. The State prescribed notice form shall reflect specific months of eligibility and

ineligibility.

Following a determination of ineligibility, applications remain valid for a period of thirty

(30) calendar days.

If the client has good cause and notifies the county department that he/she is

requesting benefits within thirty (30) calendar days of the denial, the county

department shall reschedule the interview if not already completed, and the

current application date shall be used.

If the client does not have good cause and notifies the county department that

he/she is requesting benefits, and the request is made within thirty (30) calendar

days of the current application, that application can be used, but the date of

application shall be the most recent date the client requested benefits.

If the continued application results in a denial for any reason and the client

makes a subsequent request for Colorado Works without good cause, a new

application shall be required.

If the client requests benefits more than thirty (30) days from the date of the

denial, they must submit a new application.

County departments shall require no more than one interview for a Colorado Works

client. When an interview is conducted, the county worker shall review the application for

completeness and secure, if necessary, signed copies of the Authorization for Release of

Information form, and any other forms or documentation necessary to determine

eligibility.

Information Concerning Immunizations

At the time of application, the county department shall provide information concerning

immunizations to all clients seeking benefits through the Colorado Works program

lication for

completeness and secure, if necessary, signed copies of the Authorization for Release of

Information form, and any other forms or documentation necessary to determine

eligibility.

Information Concerning Immunizations

At the time of application, the county department shall provide information concerning

immunizations to all clients seeking benefits through the Colorado Works program. The

information shall include parent education of vaccines, information concerning where to access

vaccines in the local community, and the exemptions listed in Section 25-4-903, C.R.S. The

Department of Public Health and Environment or the County or District Public Health Agency

shall provide the immunization information to the county department for this purpose.

Reporting Case Actions

“Denied,” is the action that the county shall take when the client fails to meet the eligibility

requirements of the category of assistance desired. A denial also may be on the basis of

such factors as, but not limited to:

The client refuses to furnish information necessary to determine eligibility;

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The client is unwilling to have the county department contact a collateral source

to secure information, and the client refuses to sign the State-approved

Authorization for Release of Information form;

The client does not supply information or otherwise fails to cooperate with the

county department within ten (10) calendar days of the request for information

unless good cause is granted and after having received notification of the reason

for delay;

The client moves to an unknown address before determination of eligibility has

been completed;

A third-party refuses to provide documentation of essential verifications and the

client is unwilling to cooperate in obtaining such information personally

(10) calendar days of the request for information

unless good cause is granted and after having received notification of the reason

for delay;

The client moves to an unknown address before determination of eligibility has

been completed;

A third-party refuses to provide documentation of essential verifications and the

client is unwilling to cooperate in obtaining such information personally.

Authorization of the release of such information alone does not constitute

cooperation if the county department requests further assistance from

the client. Documentation of lack of cooperation must be entered by the

county in the case record.

However, if the client is willing to cooperate but unable to obtain the

information, no denial or delayed determination of eligibility shall occur.

The county shall assist the client in gaining the information required to

make a determination of eligibility.

A decision by the client to “withdraw,” shall be treated as a denial by the county

department.

3.602.2 Right and Opportunity to Register to Vote

A client for public assistance shall be provided the opportunity to register to vote. The county department

shall provide public assistance clients the prescribed voter registration application at application and

redetermination for public benefits.

3.603

Case File Maintenance

3.603.1 Purpose and Use of Case File Records

Preparation of Case Record

Preparation of the case record shall begin at the point of initial application with the client and case

maintenance shall continue as long as the case is open for assistance.

Purpose

The major purposes of a case record shall be:

To assist the county worker in reaching a valid decision concerning eligibility or case

action, and the amount of payment and type of assistance;

To ensure assistance is based on factual information and verifications received;

To provide for continuity of assistance when a worker is absent, when a case is

reopened, and when a case is transferred from one county worker/department to another;

To assist the county worker in reaching a valid decision concerning eligibility or case

action, and the amount of payment and type of assistance;

To ensure assistance is based on factual information and verifications received;

To provide for continuity of assistance when a worker is absent, when a case is

reopened, and when a case is transferred from one county worker/department to another;

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To ensure valid administration of the county department in keeping with its function and

purposes;

To serve as a valuable basis for research, for interpretation of the work of the county

department, and as a basis for development and evaluation of policy and procedure.

Case Numbering

A case number shall be assigned to the client at the time of application for assistance.

The county department shall document all case actions in case comments. This information shall

include actions taken by the county department, the basis of such actions, and the result or

outcome of the action taken on the case, and must also include:

All case decisions related to the prudent person principle;

All decisions related to the disposition of claims;

Any interactions with the client;

Actions related to a county conference and/or state level fair hearing;

Cause of untimely processing of the application or redetermination;

Other information that would be critical to document county department actions and/or

would be necessary to justify case decisions during a case review, audit, appeal, or

lawsuit; and,

Information pertaining to eligibility, verifications, collateral contacts, program participation,

and associated expenditures.

Documentation

The county department shall document all income and non-financial eligibility information into the

statewide automated system.

department actions and/or

would be necessary to justify case decisions during a case review, audit, appeal, or

lawsuit; and,

Information pertaining to eligibility, verifications, collateral contacts, program participation,

and associated expenditures.

Documentation

The county department shall document all income and non-financial eligibility information into the

statewide automated system.

The county department shall not omit case information from the statewide automated

system based on the assumption that the information is unnecessary for eligibility

determination.

All case information used to determine eligibility and changes in basic biographical

information shall be updated at the time of redetermination.

Arrangement of Case Record and Content of the Case Record

All case files, including electronic files, shall contain all documents necessary to determine the

eligibility and participation in program requirements. All case files, including electronic files, at a

minimum shall be:

Labeled clearly, and,

Easily accessible for state reviews and/or audit purposes.

Storing County Records

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The county department shall be responsible for the provision of a safe place for storage of case

records and other confidential material to prevent disclosure by accident or as a result of curiosity

of persons other than those involved in the administration of the programs. Data of any form shall

be retained for the current year, plus three previous years unless:

There is a written statutory requirement, rule, or regulation available from a county (i.e., a

broader county policy), State or federal agency requiring a longer retention period; or,

There has been a claim, audit, negotiation, litigation or other action started before the

expiration of the three-year period. If any such action has been started, the county must

maintain the case record for the duration of the action

tutory requirement, rule, or regulation available from a county (i.e., a

broader county policy), State or federal agency requiring a longer retention period; or,

There has been a claim, audit, negotiation, litigation or other action started before the

expiration of the three-year period. If any such action has been started, the county must

maintain the case record for the duration of the action. If a county department shares

building space with other county offices, locked files to store case material shall be used.

Facility and other maintenance personnel shall be instructed concerning the confidential

nature of information.

Removal of Case Records

Case records are the property of the State Department and shall be restricted to use by the State

Department and county department.

3.604

Eligibility Criteria for Colorado Works Payments and Services

3.604.1 Eligibility Criteria

To receive a Colorado Works grant payment, a client must:

Be a resident of Colorado.

There shall be no durational residency requirement and a client who establishes intent to

remain in Colorado shall be considered a resident.

Residence shall be retained until abandoned.

Persons receiving TANF benefits from another state shall not be eligible for Colorado

Works grant payments during any month a payment was made by the other state.

Be lawfully present in the United States as:

A citizen of the United States (including persons born in the United States, Puerto Rico,

Guam, Virgin Islands (U.S.), American Samoa, or Swain's Island; persons who have

become citizens through the naturalization process; persons born to U/S. citizens outside

the United States with appropriate documentation); or,

A qualified legal non-citizen who entered the United States prior to August 22, 1996; or,

of the United States (including persons born in the United States, Puerto Rico,

Guam, Virgin Islands (U.S.), American Samoa, or Swain's Island; persons who have

become citizens through the naturalization process; persons born to U/S. citizens outside

the United States with appropriate documentation); or,

A qualified legal non-citizen who entered the United States prior to August 22, 1996; or,

A qualified legal non-citizen who entered the United States on or after August 22, 1996,

who has been in a qualified non-citizen status for a period of five years, unless they meet

one of the exceptions to the five-year bar consistent with 8 U.S.C. 1613(b).

Be a member of an assistance unit who meets income eligibility requirements and has provided

required verifications or be a noncustodial parent (noncustodial parents may receive services, but

not basic cash assistance).

Not be admitted to an institution as a patient for tuberculosis or mental disease, unless the person

is a child and receiving “under 21” psychiatric care under Medicaid benefits.

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Not be in the custody of or confined in a county, state, or federal correction facility or institution as

an inmate, which is one who is confined or serving time imposed by a court, except as a patient in

a public medical institution. Those considered to not be an inmate also include, but are not limited

to, those on a work release or court monitoring system.

Not be a temporary resident or non-citizen in one of the following situations:

Non-citizens with no status verification from the United States Citizenship and

Immigration Service (USCIS);

Non-citizens granted a specific voluntary departure date;

Non-citizens applying for a status; or,

Citizens of foreign nations residing temporarily in the United States on the basis of visas

issued to permit employment, education, or a visit.

3.604.2 Household Composition

ions:

Non-citizens with no status verification from the United States Citizenship and

Immigration Service (USCIS);

Non-citizens granted a specific voluntary departure date;

Non-citizens applying for a status; or,

Citizens of foreign nations residing temporarily in the United States on the basis of visas

issued to permit employment, education, or a visit.

3.604.2 Household Composition

A Colorado Works household consists of clients who are part of the assistance unit and/or

budgetary unit.

The assistance unit consists of individuals who live together and who must apply for and

receive Colorado Works grant payments as a single household.

Members of the same assistance unit who meet the requirements of the Colorado Works

program shall receive basic cash assistance or shall be considered when determining

diversion grant amounts.

Persons not required to be in one assistance unit, but residing in the same household,

shall have the option of applying for Colorado Works as separate units. Each assistance

unit shall be budgeted using the appropriate need standard for the unit.

The budgetary unit consists of individuals who are part of the assistance unit as well as

individuals who are outside of the assistance unit but considered financially responsible

for members of the assistance unit.

Clients must provide any information or verification needed to determine who must be in

the assistance unit and budgetary unit.

Two parent household cases will be paid with county maintenance of effort (MOE) funds. All other

single parent and child only cases will be paid with county TANF block grant funds.

Members of the Assistance Unit

The following individuals must be included in the assistance unit when living in the home:

Dependent child(ren) who live in the home of a caretaker.

unit and budgetary unit.

Two parent household cases will be paid with county maintenance of effort (MOE) funds. All other

single parent and child only cases will be paid with county TANF block grant funds.

Members of the Assistance Unit

The following individuals must be included in the assistance unit when living in the home:

Dependent child(ren) who live in the home of a caretaker.

Parents of dependent child(ren) who live in the home unless the child is a minor

parent who is requesting assistance for their own child or responsibility is

established with another caretaker through court order, child welfare, or adoption.

Siblings of dependent child(ren) who live in the home and are legally in the care

of the requesting caretaker.

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Half siblings of the dependent child(ren) who live in the home that do not receive

child support payments.

The spouse of a pregnant parent.

The following individuals are optional members of the assistance unit. These individuals

are included in the assistance unit when living in the home and requesting assistance:

The spouse of a parent who is not themselves a parent of dependent child(ren)

who live in the home.

A non-parent caretaker.

The spouse of a non-parent caretaker.

Half siblings of the dependent child(ren) who live in the home and are receiving

child support. The parent or non-parent caretaker of the half sibling receiving

child support shall decide whether to include such half sibling receiving child

support in the assistance unit.

Siblings of the dependent child(ren) who live in the home but are not in the legal

custody of the requesting caretaker due to an established court order, child

welfare involvement or an adoption.

A parent who lives in the home of another caretaker and no longer has legal

custody of the dependent child(ren) who live in the home.

Parent(s) of a minor parent who is requesting assistance for their own child.

dependent child(ren) who live in the home but are not in the legal

custody of the requesting caretaker due to an established court order, child

welfare involvement or an adoption.

A parent who lives in the home of another caretaker and no longer has legal

custody of the dependent child(ren) who live in the home.

Parent(s) of a minor parent who is requesting assistance for their own child.

The following individuals are excluded from the assistance unit.

Individuals receiving SSI payments.

Individuals who receive other Title IV benefits such as foster care, adoption

subsidy or Title IV kinship payments.

Members of the Budgetary Unit

The following individuals must be included in the budgetary unit:

Any individual who is part of the assistance unit (to include optional members of

the assistance unit who requested assistance) regardless of whether or not the

individual is eligible to receive assistance.

The spouse of a parent or non-parent caretaker who requested assistance,

regardless of whether or not the spouse has requested assistance for

themselves.

The unborn child of a pregnant parent.

The non-recipient parent(s) of a minor parent.

The sponsor of a non-citizen who is part of the assistance unit (whether or not

the non-citizen is themselves eligible to receive Colorado Works grant

payments).

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The following individuals are excluded from the budgetary unit:

An optional member of the assistance unit who chooses not to receive

assistance for himself or herself.

Individuals who are excluded from the assistance unit as identified in Section

3.604.2.C.3.

A dependent child is considered to be living in the home of a caretaker as long as the caretaker

exercises the responsibility for the care of the child even if the following occurs:

The child or the caretaker is temporarily absent from the home to receive medical

treatment;

The child is under the jurisdiction of the court;

d from the assistance unit as identified in Section

3.604.2.C.3.

A dependent child is considered to be living in the home of a caretaker as long as the caretaker

exercises the responsibility for the care of the child even if the following occurs:

The child or the caretaker is temporarily absent from the home to receive medical

treatment;

The child is under the jurisdiction of the court;

Legal custody is held by an agency that does not have physical custody of the child;

The child is in regular attendance at a school away from home.

School-aged, dependent children must be in school, home school, pursuing a GED, or attending

online courses to obtain a high school diploma or GED. A dependent child is still considered to be

a student in regular attendance during official school or training program vacation periods,

absences due to illness, convalescence or family emergencies. County departments must work

with families to enroll children not enrolled in and attending school.

Assistance units may remain eligible and payment for the child shall continue for Colorado Works

when children are absent from the home for a period greater than forty-five (45) consecutive

calendar days for the following reasons:

Child(ren) receiving medical care or education that requires him or her to live away from

the home; or,

Child(ren) visiting a noncustodial parent, as specified in a parenting plan entered by the

court or a parenting plan signed by both parties, the visit not exceeding six (6) months

unless otherwise specified; or,

Child(ren) residing in voluntary foster care placement for a period not expected to exceed

three (3) months. Should the foster care plan change within three months and the

placement become court-ordered, the child is not longer considered to be living in the

home as of the time the foster care plan is changed.

When more than one caretaker exercises responsibility for a child, the following hierarchy shall be

followed. A caretaker:

Is a parent; or,

a period not expected to exceed

three (3) months. Should the foster care plan change within three months and the

placement become court-ordered, the child is not longer considered to be living in the

home as of the time the foster care plan is changed.

When more than one caretaker exercises responsibility for a child, the following hierarchy shall be

followed. A caretaker:

Is a parent; or,

Is a relative by blood, marriage, or adoption who is within the fifth degree of kinship to the

dependent child (not to be separated due to death or divorce); or is appointed by the

court to be the legal guardian or legal custodian of the dependent child; or,

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If those identified in a-b above are not available, is a person who exercises responsibility

for a dependent child within the person’s home and provides verification of such

responsibility such as a court order, school or medical records listing the individual as the

child’s contact, collateral contact with child welfare, or another document acceptable to

the county department. the prudent person principle may be used to determine that a

non-parent caretaker other than a guardian, legal custodian, or a relative exercises

responsibility for a child. The individual who exercises responsibility and is highest in the

above hierarchy list shall be deemed the caretaker for the assistance unit.

A parent or non-parent caretaker is considered to be living in the home and may continue as a

member of the assistance unit/ family needs unit if the individual is temporarily away from home if

one of the following occurs:

Is on active duty in the uniformed service of the United States.

Is temporarily absent from the home to receive medical treatment.

Is temporarily absent from the home for less than forty-five (45) calendar days and has

established an intent to return.

nue as a

member of the assistance unit/ family needs unit if the individual is temporarily away from home if

one of the following occurs:

Is on active duty in the uniformed service of the United States.

Is temporarily absent from the home to receive medical treatment.

Is temporarily absent from the home for less than forty-five (45) calendar days and has

established an intent to return.

Indian Tribe Eligibility

Members of an Indian Tribe not eligible for assistance under a Tribal Family Assistance Plan are

eligible for Colorado Works.

Assistance for Eligible Refugees

Refugees are qualified non-citizens exempt from the five-year bar. Those refugees eligible for

assistance through TANF/Colorado Works shall submit an application to their county of

residence. Those applications that have been approved shall be referred to the Colorado

Refugee Services Program (CRSP) for other ongoing case management and services offered

through the TANF/Colorado Works program.

The CRSP is responsible for performing the eligibility assessment as required by section

3.607.3 for all refugees referred to them by county departments and will apply uniform

guidelines that apply to all county departments regarding the assessment of refugees.

Based on the assessment of the refugee, CRSP will make recommendations to the

county departments and will apply uniform guidelines that apply to all county departments

regarding the assessment of refugees. These recommendations shall include, at a

minimum:

Whether the refugee is determined to be ready to work.

The type(s) of activities that will be most beneficial to the refugee; and,

The amount and duration of supportive services and other assistance payments

necessary to achieve self-sufficiency for the refugee.

The county department shall consider the recommendations of CRSP and the

recommended supportive payments within the county policy.

Individuals Ineligible for Colorado Works Program

The following individuals shall not be eligible under Colorado Works:

ee; and,

The amount and duration of supportive services and other assistance payments

necessary to achieve self-sufficiency for the refugee.

The county department shall consider the recommendations of CRSP and the

recommended supportive payments within the county policy.

Individuals Ineligible for Colorado Works Program

The following individuals shall not be eligible under Colorado Works:

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Fugitives or fleeing felons;

Assistance units with an adult participating in a strike;

Qualified legal non-citizens or those who are not federally exempt, who entered the

United States on or after August 22, 1996, are ineligible for cash assistance for five (5)

years from the date of entry into the United States.

Penalties for Disqualified or Ineligible Persons

Persons who are required members of the assistance unit, but who are disqualified from receiving

or are ineligible to receive Colorado Works basic cash assistance or diversion due to program

prohibitions or violations, shall be removed from the assistance unit for the purposes of

determining the assistance unit size. Disqualified individuals income must be considered when

determining eligibility without applying income disregards.

The following disqualified or ineligible individuals shall have such month counted as a month of

participation in the calculation of their overall sixty-month (60) lifetime maximum as referenced in

section 3.606.6 when a grant payment is received for others in the assistance unit.

Individuals convicted by a court or whose disqualification was obtained through an

intentional program violation (IPV) waiver for misrepresenting their residence in order to

obtain assistance in two states at the same time shall have their Colorado Works

assistance denied for ten (10) years.

m as referenced in

section 3.606.6 when a grant payment is received for others in the assistance unit.

Individuals convicted by a court or whose disqualification was obtained through an

intentional program violation (IPV) waiver for misrepresenting their residence in order to

obtain assistance in two states at the same time shall have their Colorado Works

assistance denied for ten (10) years.

Individuals who have committed fraud as determined by a court or determination of an

IPV by administrative hearing shall result in the disqualified caretaker being removed

from the grant for a twelve (12) month period for the first offense, twenty-four (24) months

for the second offense, and lifetime for the third offense. An IPV from another state shall

be used to determine eligibility for an individual. The level of the IPV established by the

Administrative Law Judge from the other state shall be used to determine the level of the

IPV for Colorado Works. The timeframes established herein shall be used; the timeframe

established from the other state shall no longer be valid.

Individuals who are fleeing felons for the time that that person meets the definition of

fleeing felon as described in 3.601.

Individuals who have failed to apply for a Social Security Number unless a federally

allowable reason, as listed in 20 CFR § 422.107 (2023), exists for not attempting to

obtain a social security number. No later editions or amendments are incorporated.

These regulations are available at no cost from the U.S. social security administration,

1500 Champa Street, Suite 200, Denver, CO 80202, or at https://www.ecfr.gov/. These

regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Office of Economic Security, 1575 Sherman Street,

Denver, CO 80203, during regular business hours. Once that person has taken action to

apply for a Social Security Number, they may become eligible.

tion,

1500 Champa Street, Suite 200, Denver, CO 80202, or at https://www.ecfr.gov/. These

regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Office of Economic Security, 1575 Sherman Street,

Denver, CO 80203, during regular business hours. Once that person has taken action to

apply for a Social Security Number, they may become eligible.

Individuals who are non-citizens and do not meet the definition of a qualified non-citizen,

those who fail to prove citizenship or fail to provide proof that they are otherwise possess

a qualified non-citizen status and/or proof of lawful presence.

Minor Parent Applicants/Participants

A minor who is also a parent may apply for Colorado Works.

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When a minor parent is not emancipated and has a marital status of single, grant

payments may not be approved unless the minor parent resides with another adult

caretaker or the minor parent resides in another setting which the county has determined

is an appropriate setting.

Counties shall assist minor parents who are otherwise eligible and are not living

in a county approved setting according to the county’s policy to find an

appropriate living arrangement.

Counties shall assist assistance units which include an unmarried minor

parent(s) who has a child at least twelve (12) weeks of age, who has not

completed his or her high school education or GED, and who is not participating

in educational activities or an approved training program, in participating in such

programs within sixty (60) calendar days from the date the initial assessment is

completed for those sixteen (16) or older or within sixty (60) calendar days from

the date the eligibility interview takes place for those under the age of sixteen

d his or her high school education or GED, and who is not participating

in educational activities or an approved training program, in participating in such

programs within sixty (60) calendar days from the date the initial assessment is

completed for those sixteen (16) or older or within sixty (60) calendar days from

the date the eligibility interview takes place for those under the age of sixteen

(16). Participation means enrollment, attendance, or an action otherwise

specified by the county department. Failure to participate without good cause will

result in the termination or discontinuation of Colorado Works basic cash

assistance.

When a minor parent does not live in the home of another caretaker:

The minor parent may not receive benefits until deemed to be in a county

approved setting by the county department unless the minor is emancipated, has

a marital status other than single, or resides with an adult relative.

A minor parent who is emancipated or has a marital status other than single is

not considered to be living in the home of a caretaker even if they are living in the

home of their parent.

A minor who is a parent and does not live in the home of a caretaker will receive

assistance as an adult if approved.

Minor Parents and Caretakers

If the minor parent lives with an unrelated non-parent caretaker who chooses not

to be a member of the assistance unit, the minor must be in a county approved

setting.

If the minor parent lives with an unrelated non-parent caretaker who chooses to

be a member of the assistance unit, the county department may choose if it is

necessary to approve the setting before grant payments are provided per county

policy.

If the minor parent lives with his or her parent, the county department does not

need to approve a setting even if the minor’s parent chooses not to be a member

of the assistance unit.

unrelated non-parent caretaker who chooses to

be a member of the assistance unit, the county department may choose if it is

necessary to approve the setting before grant payments are provided per county

policy.

If the minor parent lives with his or her parent, the county department does not

need to approve a setting even if the minor’s parent chooses not to be a member

of the assistance unit.

A minor parent who is the dependent child of a caretaker will receive assistance

as a child if approved even if the caretaker is not included in the assistance unit.

Out of the Home

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For Colorado Works purposes, a client who is out of State temporarily shall be provided

assistance on the same basis as one who is in the state as long as the individual has

established intent to return. The client’s temporarily out of the State status shall not

exceed ninety (90) consecutive days.

A client who is a resident of an institution is not considered to be in the home. A client

shall be considered a resident in an institution when the recipient's stay is at least thirty

(30) consecutive days. Institutions include general medical and surgical hospitals, nursing

homes, assisted living residences, and mental institutions. Residents of an institution who

continue to have the responsibility of a dependent child may receive Colorado Works if

the dependent child also resides in the institution or continues to be cared for in the

home, unless individual needs are provided for through other state.

3.604.3 Program Verifications

The county department shall not require any documentary evidence (verification) and/or written

statements for eligibility determination until the county department receives a signed and dated

application. The client has the primary responsibility for providing documentary evidence for

required verification and the responsibility to resolve questionable information

3.604.3 Program Verifications

The county department shall not require any documentary evidence (verification) and/or written

statements for eligibility determination until the county department receives a signed and dated

application. The client has the primary responsibility for providing documentary evidence for

required verification and the responsibility to resolve questionable information. The county worker

shall assist the client in obtaining the necessary documentation if the client is cooperating with

county workers. The client may supply documentary evidence in person, through mail, by

facsimile, through an electronic device, or through an authorized representative. The county

worker shall accept all pertinent documentary evidence provided by the client and shall be

primarily concerned with how adequately the verification proves the statements on the application

and/or program participation, if applicable. If written verification cannot be obtained, county

workers shall substitute an acceptable “collateral contact” if available, as defined in section 3.601

program definitions and E-F of this section.

If the client is missing any verification, the county department shall request additional and/or

required verifications from the client. the request shall include:

A specific list of verifications necessary to determine eligibility;

The due date for when the verifications must be returned, which shall be eleven (11)

calendar days from the date the verification was requested in writing; and,

Notification that if the client fails to return the verifications by the due date, the county

department shall process the application without those verifications, which may lead to a

denial of grant payments.

If proper verification is not received and a collateral contact is unavailable, the client will be

noticed (in writing or verbally) with information that the county worker will assist with obtaining

verification, provided that he or she is cooperating with the county department

ounty

department shall process the application without those verifications, which may lead to a

denial of grant payments.

If proper verification is not received and a collateral contact is unavailable, the client will be

noticed (in writing or verbally) with information that the county worker will assist with obtaining

verification, provided that he or she is cooperating with the county department.

Verification is an eligibility requirement. Failure to provide requested verification may result in the

case and/or client being denied, closed, terminated, or discontinued. The verification process

shall begin the date the application is date stamped by the county and shall continue throughout

the life of the case, including program participation and applicable verifications for ongoing

redeterminations of eligibility.

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Required Primary Verifications

All information received through the Income and Eligibility Verification (IEVS) System

shall be reviewed and verified. Assistance shall not be denied, delayed, or discontinued

pending receipt of information requested through IEVS, if other evidence establishes the

client's eligibility for assistance.

All participating clients shall provide to the county the following information:

Verification of lawful presence in the United States; section 3.604.3.I.

Verification of citizenship or qualified non-citizenship status; section 3.604.I-J.

A Social Security Number (SSN) for each client applying for benefits or proof that

an application for a SSN has been made. Proof of application is only valid for up

to eight (8) months without good cause. The agency shall explain to the client

that refusal or failure without good cause to provide a SSN or a receipt of a SSN

application will result in ineligibility for the client for whom an SSN or receipt is

not obtained. Only the client for whom the SSN or receipt is not provided will be

ineligible, and not the entire assistance unit

ion is only valid for up

to eight (8) months without good cause. The agency shall explain to the client

that refusal or failure without good cause to provide a SSN or a receipt of a SSN

application will result in ineligibility for the client for whom an SSN or receipt is

not obtained. Only the client for whom the SSN or receipt is not provided will be

ineligible, and not the entire assistance unit.

For clients that made application for a SSN at initial eligibility

determination, verification of the SSN must be received prior to the next

recertification.

For clients added to the assistance unit within sixty (60) days of the

certification period expiring, verification of the SSN must be received by

the following recertification.

The county department shall verify the SSNs provided by the assistance

unit with the Social Security Administration (SSA) in accordance with

procedures established by the state department for the State On Line

Query (SOLQ) system.

The county department shall accept as verified a Social Security Number

that has been verified by any program agency participating in SOLQ

system.

Verification of a caretaker’s responsibility for the child(ren) must be provided,

unless the caretaker is the child(ren)’s parent. Verification may include, but is not

limited to, verbal or written confirmation from the child’s parent, a court order,

school or medical records listing the individual as the child’s contact, or collateral

contact with child welfare. The prudent person principle may be used to

determine that a non-parent caretaker other than a guardian, legal custodian, or

a relative exercises responsibility for a child.

Verification of income of any member of the assistance unit or other household

member whose income is used to determine eligibility and payment.

Verification of Colorado residency.

Counties may require further verification of any information that is received that is

determined to be questionable or inconsistent

guardian, legal custodian, or

a relative exercises responsibility for a child.

Verification of income of any member of the assistance unit or other household

member whose income is used to determine eligibility and payment.

Verification of Colorado residency.

Counties may require further verification of any information that is received that is

determined to be questionable or inconsistent. Such a determination must be

documented in the applicant's case file.

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An applicant may request an extension of time beyond the forty-five (45) day maximum to

process an application for Colorado Works benefits in order to obtain necessary

verification. The extension may be provided at county discretion. The worker must

document the reason for the extension in the statewide automated system and/or case

file.

All immigrants shall have non-citizen status verified through the Systematic Alien

Verification for Entitlements (SAVE) system. Assistance shall not be delayed or

discontinued pending this verification.

Secondary Verifications

When applicable, secondary verifications for eligibility and program participation, may include, but

are not limited to:

Verification of relationship of a dependent child to other household members;

Verification of good cause, to include good cause for a delay in providing verifications for

assistance, good cause for not cooperating with child support services, and good cause

for not participating in work activities;

Verification of child support, to include information of the noncustodial parent and/or child

support income/expenses as specified in section 3.606;

Verification of school attendance for all school-aged children included in the assistance

unit, including home school, GED, and online attendance;

Verification of work participation;

and good cause

for not participating in work activities;

Verification of child support, to include information of the noncustodial parent and/or child

support income/expenses as specified in section 3.606;

Verification of school attendance for all school-aged children included in the assistance

unit, including home school, GED, and online attendance;

Verification of work participation;

Verification establishing allowable absences of an adult or child in the assistance unit if

leaving the state/home and requesting to continue benefits; and/or,

Verification of pregnancy, when no children are in the assistance unit.

Sources of Verification

Counties may use collateral contacts, interfaces, prudent person principle, documentary

evidence, and in some cases, client statement as sources of verification.

Use of a Collateral Contact, Review, and Follow-up

Applications shall be reviewed and any necessary follow-up activities such as collateral contacts,

verifications, etc., shall be initiated within five (5) calendar days of when the county department

obtains information containing the collateral contacts information from the client. Priority shall be

given to those applications where critical and emergent need is apparent.

Requirements for Collateral Contact to Make a Determination of Eligibility

The client shall be given the opportunity to provide documentation necessary to

determine eligibility. When necessary, the county department shall assist the client to

secure documentation. If documentation that is necessary to determine eligibility is not

received, a notice shall be sent to the client to advise him or her of the proposed action to

deny or discontinue the case. The notice to the client shall also include a specific

description of the documentation necessary to determine eligibility.

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cumentation. If documentation that is necessary to determine eligibility is not

received, a notice shall be sent to the client to advise him or her of the proposed action to

deny or discontinue the case. The notice to the client shall also include a specific

description of the documentation necessary to determine eligibility.

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In general, the county department shall rely on the client to provide the documentation

necessary to determine eligibility.

A collateral contact is an oral or written confirmation of a household's circumstances by a

person outside of the household. The signature on the application shall be considered

consent for the use of collateral contacts. The county department may rely on members

of the household to provide the name of any collateral contact. If the individual provides

an unacceptable collateral contact who cannot be expected to provide accurate

verification, the county department shall:

Request the name of another collateral contact; or,

Ask for alternative forms of verification; or,

Substitute a home visit to establish a county approved setting when applicable.

Confidentiality shall be maintained when talking with collateral contacts. The county

department shall disclose only the information that is absolutely necessary to obtain

information being sought. If the client fails to provide a collateral contact or provides a

contact that is unacceptable to the eligibility worker, the county worker may select a

collateral contact that can provide information that is needed. Except for contacts to verify

information provided through IEVS, the collateral contact selected by the county worker

shall not be contacted without first obtaining the prior written or verbal approval of an

adult household member or the authorized representative. Collateral contacts for IEVS do

not require household designation or prior contact approval

hat can provide information that is needed. Except for contacts to verify

information provided through IEVS, the collateral contact selected by the county worker

shall not be contacted without first obtaining the prior written or verbal approval of an

adult household member or the authorized representative. Collateral contacts for IEVS do

not require household designation or prior contact approval. The notice of proposed

action shall advise the household that they have the option to consent to the collateral

contact, to provide acceptable verification in another form, or to withdraw the application.

If the household refuses to choose one of the above options, the application shall be

denied.

The case file shall be documented to support action taken by the county department. The

county department shall not determine the household to be ineligible when a person

outside the household refuses to provide information required for the client to resolve a

request for verification (i.e. a former employer will not provide verification of employment

termination and does not respond to attempts for a collateral contact by the county

department). In such scenarios, the prudent person principle must be used to determine

eligibility without the unavailable verification.

Household members who are disqualified or in an ineligible status are not considered

individuals outside the household.

In cases in which the information from another source contradicts statements made by

the household, the household shall be afforded a reasonable opportunity to resolve the

discrepancy prior to an eligibility determination.

The rules contained herein are intended to be sufficiently flexible to allow the eligibility worker to

exercise reasonable judgment to determine when a request for verification is unnecessary

because the facts of the case are clear. In making a certification decision, the eligibility worker

should ask whether his or her judgment is reasonable, based on experience and knowledge of

the program

The rules contained herein are intended to be sufficiently flexible to allow the eligibility worker to

exercise reasonable judgment to determine when a request for verification is unnecessary

because the facts of the case are clear. In making a certification decision, the eligibility worker

should ask whether his or her judgment is reasonable, based on experience and knowledge of

the program.

The prudent person principle may not be used to waive the requirement to verify lawful presence

for clients over the age of eighteen (18).

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The prudent person principle may not be used to verify that a SSN application has been

submitted for a newborn unless the pregnancy was previously verified or the newborn was born in

a colorado hospital.

The prudent person principle may be used to determine that a non-parent caretaker other than a

guardian, legal custodian, or a relative exercises responsibility for a child and/or when

determining good cause for non-cooperation with the workforce development program activities

or child support services.

All case decisions related to the prudent person principle must be documented in case

comments.

Interfaces are acceptable verification sources for Colorado Works.

Income and Eligibility Verification System (IEVS)

IEVS provides for the exchange of information for Colorado Works with the SSA and the

Colorado Department of Labor and Employment (DOLE). The county department shall

act on all information received through IEVS. The county department shall, at a minimum,

prior to approval of benefits, verify potential earnings and unemployment benefits through

DOLE for all applicants, except institutionalized applicants. Benefits shall not be delayed

pending receipt of verification from a collateral contact (e.g., employers)

r and Employment (DOLE). The county department shall

act on all information received through IEVS. The county department shall, at a minimum,

prior to approval of benefits, verify potential earnings and unemployment benefits through

DOLE for all applicants, except institutionalized applicants. Benefits shall not be delayed

pending receipt of verification from a collateral contact (e.g., employers). In cases where

the county department has information that an institutionalized or group home recipient is

working, wage and unemployment insurance benefits matches are required at

application. All other matches will be initiated through IEVS upon approval of benefits.

Through IEVS, recipient SSNs will be matched with source agency records on a regular

basis to identify potential earned and unearned income, resources and assets, including:

The following data shall be considered verified when entered into the statewide

automated system:

SSA (Beneficiary and Earnings Data Exchange/Bendex, State Data

Exchange/SDX) Social Security benefits, SSI, pensions, self-

employment earnings, federal employee earnings; and,

Unemployment Insurance Benefits (UIB).

DOLE wage data shall not be considered verified upon receipt. Additional

verification must be obtained to verify wage information.

At initial application and at redetermination, a client of Colorado Works shall be

notified through a written statement provided on or with the application form that

the information available through IEVS: will be requested and used for eligibility

determinations; shall be verified through sources, such as collateral contacts with

the client, when discrepancies are found by the county department; and may

affect the assistance unit’s eligibility and level of payment.

All verification types obtained by a collateral contact to validate or

invalidate the IEVS discrepancy shall be documented; and,

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erified through sources, such as collateral contacts with

the client, when discrepancies are found by the county department; and may

affect the assistance unit’s eligibility and level of payment.

All verification types obtained by a collateral contact to validate or

invalidate the IEVS discrepancy shall be documented; and,

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Case documentation shall be available in the case file or statewide

automated system documenting the action taken on the case within forty-

five (45) calendar days of initial receipt. Case documentation must

include the purpose of the review, the action taken on the case, and how

the determination was made that supported the action taken by the

county department.

The county department shall review and process IEVS within forty-five (45) days.

No more than twenty (20) percent of the IEVS reviewed may remain

unprocessed beyond forty-five (45) days when:

The reason that the action cannot be completed within forty-five (45)

days is the non-receipt of requested third-party verification; and,

Action is completed promptly, when third-party verification is received or

at the next time eligibility is redetermined, whichever is earlier. If action is

completed when eligibility is redetermined and third-party verification has

not been received, the county department shall make its decision based

on information provided by the recipient and any other information in its

possession.

Public Assistance Reporting Information System (PARIS)

The county department shall query PARIS at initial application and at redetermination to

determine whether the client is receiving benefits in another state, veterans’ benefits, or

military wages or allotments.

Systematic Alien Verification for Entitlements (SAVE)

The county department shall query SAVE at initial application and at redetermination to:

Determine whether a qualified non-citizen has a sponsor(s);

shall query PARIS at initial application and at redetermination to

determine whether the client is receiving benefits in another state, veterans’ benefits, or

military wages or allotments.

Systematic Alien Verification for Entitlements (SAVE)

The county department shall query SAVE at initial application and at redetermination to:

Determine whether a qualified non-citizen has a sponsor(s);

Verify the non-citizen registration number provided by the client and, if the

number and name submitted do not match, take prompt action to terminate

assistance to the client; and

Determine if there has been a change in the non-citizen’s status.

Colorado Department of Revenue, Division of Motor Vehicles (DMV)

The Colorado DMV may be used by the county department to verify lawful presence and

identity.

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Verification of Citizenship and Lawful Presence

Verification of citizenship in the United States

Citizenship may be verified by a birth certificate, possession of a U.S. passport, a

Certificate of U.S. Citizenship (USCIS form N-560 or NH-561), a Certificate of

Naturalization (USCIS form N-550 or N-570), a Certificate of Birth Abroad of a Citizen of

The United States (Department of State Forms FS-545 or DS-1350), or identification

cards for U.S. citizens (USCIS-I-179 or USCIS-I-197). Documents that are acceptable as

verification of citizenship can be found in the Department of Revenue rules at 1 CCR

204-30, Rule 5, Appendix A and B (Mar. 2, 2021), no later editions or amendment are

incorporated. These regulations are available at no cost form the Colorado Department of

Revenue, 1881 Pierce St., Lakewood, CO 80214 or at https://www.sos.state.co.us/ccr.

These regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver,

CO 80203, during regular business hours.

mendment are

incorporated. These regulations are available at no cost form the Colorado Department of

Revenue, 1881 Pierce St., Lakewood, CO 80214 or at https://www.sos.state.co.us/ccr.

These regulations are also available for public inspection and copying at the Colorado

Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver,

CO 80203, during regular business hours.

Verification of questionable citizenship information

The following guidelines shall be used in considering questionable statement(s) of

citizenship from a client:

The claim of citizenship is inconsistent with statements made by the client, or

with other information on the application, or on previous applications.

The claim of citizenship is inconsistent with information received from another

source.

The claim of citizenship is inconsistent with the documentation provided by the

client.

Application of the above criteria by the eligibility worker must not result in discrimination

based on race, religion, ethnic background or national origin, and groups such as migrant

farm workers or Native Americans shall not be targeted for special verification. The

eligibility worker shall not rely on a surname, accent, or appearance that seems foreign to

find a claim to citizenship questionable. Nor shall the eligibility worker rely on a lack of

English speaking, reading, or writing ability as grounds to question a claim to citizenship.

The client whose citizenship is in question shall be ineligible to participate until proof of

citizenship is obtained. If a non-citizen is unable to provide any USCIS document at all,

there is no responsibility to offer to contact USCIS on the non-citizen's behalf.

Responsibility exists only when the non-citizen has a USCIS document that does not

clearly indicate eligible or ineligible non-citizen status. The county department shall

contact the State Department, not the USCIS, to obtain information about the non-

citizen's correct status

le to provide any USCIS document at all,

there is no responsibility to offer to contact USCIS on the non-citizen's behalf.

Responsibility exists only when the non-citizen has a USCIS document that does not

clearly indicate eligible or ineligible non-citizen status. The county department shall

contact the State Department, not the USCIS, to obtain information about the non-

citizen's correct status. The method used to document verification of citizenship and the

result of that verification shall be contained in the case file.

All persons eighteen years of age or older must establish lawful presence in the United

States prior to receiving Colorado Works with the exception of those exempt in the list

provided in this section. The requirements of this section do not apply to clients under the

age of eighteen (18).

In order to verify his or her lawful presence in the United States, a client must:

Produce and provide to the county department:

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A valid Colorado driver’s license or a Colorado identification card

issued pursuant to article 2 of title 42, C.R.S.; or,

A United States military card or military dependent’s identification

card; or,

A United States coast guard merchant mariner card; or,

A Native American tribal document; or,

Any other document authorized by rules adopted by the

Department of Revenue (1 CCR 2204-30, Rule 5, Appendix A,

as incorporated by reference in section 3.604.3.I.1 of these

rules).

ticle 2 of title 42, C.R.S.; or,

A United States military card or military dependent’s identification

card; or,

A United States coast guard merchant mariner card; or,

A Native American tribal document; or,

Any other document authorized by rules adopted by the

Department of Revenue (1 CCR 2204-30, Rule 5, Appendix A,

as incorporated by reference in section 3.604.3.I.1 of these

rules).

The requirements of this section do not apply to the following clients, programs

and services:

For any purpose for which lawful presence in the United States is not

required by law, ordinance, or rule;

For obtaining health care items and services that are necessary for the

treatment of an emergency medical condition of the person involved and

are not related to an organ transplant procedure;

For short-term, non-cash, in-kind emergency disaster relief;

For programs, services, or assistance such as soup kitchens, crisis

counseling and intervention, and short-term shelter specified by federal

law or regulation that:

Deliver in-kind services at the community level, including

services through public or private non-profit agencies;

Do not condition the provision of assistance provided on the

individual recipient’s income or resources; and,

Are necessary for the protection of life or safety;

Pregnant women;

For individuals over the age of eighteen years of age and under the age

of nineteen years who continue to be eligible for medical assistance

programs after their eighteenth birthday.

A non-citizen considered a legal immigrant will normally possess one of the following

forms provided by the citizenship and immigration services (USCIS) as verification:

I-94 arrival/departure record.

I-551 resident alien card (I-551).

Forms I-688b or I-766 employment authorization document.

A letter from USCIS indicating a person's status.

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legal immigrant will normally possess one of the following

forms provided by the citizenship and immigration services (USCIS) as verification:

I-94 arrival/departure record.

I-551 resident alien card (I-551).

Forms I-688b or I-766 employment authorization document.

A letter from USCIS indicating a person's status.

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Letter from the U.S. Department of Health and Human Services (HHS) certifying

a person's status as a victim of a severe form of trafficking.

Iraqi and Afghan individuals who have been admitted as Special Immigrants (SI).

Any of the documents permitted by the Colorado Department of Revenue rules

for evidence of lawful presence (1 CCR 204-30, appendix B, as incorporated by

reference in section 3.604.3.I.1 of these rules).

Legal immigrants applying for public assistance must present documentation from USCIS

showing the applicant's status. All documents must be verified through SAVE to

determine the validity of the document. Benefits shall not be delayed, denied or

discontinued awaiting the SAVE verification.

Verification required from non-citizens

As a condition of eligibility for financial assistance, when a sponsored non-citizen is

included in the assistance unit or budgetary unit, the client must provide income

information about the non-citizen's sponsor(s).

When a client is unable to provide verification for citizenship, qualified non-citizenship status,

lawful presence, identity, and/or their social security number, the county department shall grant

thirty (30) calendar days to the client to provide the verification. If the verification is provided in the

allotted time, the same application may be used to determine eligibility and benefits provided.

Verification shall be provided for each individual requesting/receiving payments at the time of

application and redetermination. In addition, supportive services, special needs payments and

assistance in obtaining verifications shall be provided

e the verification. If the verification is provided in the

allotted time, the same application may be used to determine eligibility and benefits provided.

Verification shall be provided for each individual requesting/receiving payments at the time of

application and redetermination. In addition, supportive services, special needs payments and

assistance in obtaining verifications shall be provided.

Individuals unable to provide this verification will not receive payment for themselves and their

income will be used to determine eligibility for the household.

3.604.4 Colorado Works and Child Support Services

As a condition of continued eligibility, clients for Colorado Works are statutorily required to assign

all rights to child support on their own behalf or on behalf of any other member of the assistance

unit for whom the application is made. A client's failure to sign and date the application form to

avoid assignment of support rights precludes eligibility for the assistance unit. Failure to

cooperate with Child Support Services at application and/or while receiving basic cash

assistance, without good cause, will result in the termination or discontinuation of the Colorado

Works basic cash assistance.

This assignment is effective for child support due and owed during the period of time the person

is receiving public assistance. The assignment takes effect upon a determination of eligibility for

Colorado Works cash assistance. The assignment remains in effect with respect to the amount of

any unpaid support obligation accrued and owed prior to the termination of Colorado Works cash

assistance to the client. The application form shall contain acknowledgement of these provisions

and shall be signed and dated by the client.

Clients may request that their case not be referred to child support services based upon

good cause. Claims found to be valid are:

Potential physical or emotional harm to a child(ren).

Potential physical or emotional harm to a parent or caretaker.

assistance to the client. The application form shall contain acknowledgement of these provisions

and shall be signed and dated by the client.

Clients may request that their case not be referred to child support services based upon

good cause. Claims found to be valid are:

Potential physical or emotional harm to a child(ren).

Potential physical or emotional harm to a parent or caretaker.

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Pregnancy or birth of a child related to incest or forcible rape.

Legal adoption before court or a parent receiving pre-adoption services.

Other reasons documented by the county department.

Reasons considered to be in the best interest of the child.

Other court order.

Every client shall be given notice and the opportunity to claim that his or her case should

not be referred to Child Support Services based upon good cause.

Determination of such good cause must be in writing and documented in the case file by

the county director or designee of the county director.

Each case not referred based upon good cause shall be reviewed by the county director

or designee at least yearly.

Basic cash assistance shall be considered part of the Unreimbursed Public Assistance (UPA) as

defined in the Child Support Services Rule Manual at 9 CCR 2504-1 section 6.002.

If a family is ineligible for Colorado Works basic cash assistance due to child support income and

the income received from child support is either not received or is less than the family need

standard, the family may request to be reinstated for assistance in that month. The income from

the current month will be used to determine eligibility and payment prospectively.

3.604.5 Family Violence Option (FVO) Waiver

The federal government allows state Temporary Assistance for Needy Family (TANF) programs to

participate in the option to waive certain program requirements for individuals who have been identified as

survivors of family (domestic) violence.

n that month. The income from

the current month will be used to determine eligibility and payment prospectively.

3.604.5 Family Violence Option (FVO) Waiver

The federal government allows state Temporary Assistance for Needy Family (TANF) programs to

participate in the option to waive certain program requirements for individuals who have been identified as

survivors of family (domestic) violence.

Waiver provisions

The FVO waiver allows a county to exempt Colorado Works clients from the following

standard program elements if it is determined that participation in these elements would

unfairly endanger or penalize an individual or their child(ren) as a result of their

experience of family violence:

Work activities

TANF time clock. Assistance received while the FVO waiver is in effect does not

prevent the TANF time clock from advancing, but is an allowable reason to

extend assistance beyond the sixtieth (60th) month.

Child support services

The county department shall involve the client when choosing to invoke a FVO waiver.

The individual at their discretion may accept or refuse any waiver offered.

Requirements for FVO waivers:

When a county department and client invoke the FVO waiver the following are required:

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Implement county written policies which at a minimum address:

Domestic violence and FVO;

How counties intend to provide information about the FVO waiver, related

benefits, domestic violence services, and options provided by Colorado Works

and others to all clients on an ongoing basis.

This information should be provided in accordance with section 3.602.1 and at a

minimum shall include (1) procedures for voluntarily and confidentially self-

identifying as a survivor of domestic violence and how self-disclosed information

will be used and (2) benefits of and procedures for applying for waivers from any

program requirements and extension of time limits;

ents on an ongoing basis.

This information should be provided in accordance with section 3.602.1 and at a

minimum shall include (1) procedures for voluntarily and confidentially self-

identifying as a survivor of domestic violence and how self-disclosed information

will be used and (2) benefits of and procedures for applying for waivers from any

program requirements and extension of time limits;

The process for screening and assessing domestic violence continually.

Training and case actions for county staff.

The core FVO/domestic violence training shall be mandatory for all staff who play

a role in determining, modifying, or granting FVO waivers, including intake,

assessment, case management, or Workforce Development staff. This training

must be completed prior to contact with Colorado Works clients. CDHS strongly

recommends that all county staff, including experienced staff, supervisors, and/or

managers, attend the core FVO training at least once every five (5) years, and

attend ongoing and specific training offered or recommended by Colorado Works

and local agencies that address domestic violence issues.

County staff who have participated in the core FVO training shall be the only staff

who shall provide information about and screen for domestic violence, assess for

domestic violence waiver eligibility, make waiver determinations, review waivers

and extensions, consider sanctions, and/or develop and modify an Individualized

Plan of a client who has a waiver.

Follow certain processes with regard to all Colorado Works clients including:

Screen Colorado Works clients by identifying those who are or have been

survivors of domestic violence by using the State Department domestic violence

screening form.

Assess Colorado Works clients who are identified as a survivor of domestic

violence by:

The nature and extent to which the individual may engage in work

activities;

The resources and services needed to assist the individual in obtaining

safety and self-sufficiency; and,

se who are or have been

survivors of domestic violence by using the State Department domestic violence

screening form.

Assess Colorado Works clients who are identified as a survivor of domestic

violence by:

The nature and extent to which the individual may engage in work

activities;

The resources and services needed to assist the individual in obtaining

safety and self-sufficiency; and,

A plan to increase the client’s safety and self-sufficiency.

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Domestic violence exemptions (or waivers) of certain Colorado Works

requirements may be granted for good cause based on circumstances that

warrant non-participation in program work requirements described in this section,

non-cooperation with Child Support Services as defined in section 3.604.4,A.1, or

a program extension. Good cause may also be determined through the use of

the prudent person principle as specified in section 3.604.3.G. And defined in

section 3.601.

Good cause for granting an FVO waiver of work activities and/or the sixty

(60)-month time limit extension is defined as anything that would

potentially endanger or unfairly penalize a client or the client’s family if

he/she participated in work activity requirements or grant payments were

discontinued.

Good cause for granting a waiver of the Child Support Services

cooperation requirement is defined as anything in section 3.604.4.A.1,

including circumstances that are not in the best interest of the child, e.g.,

potentially endangering or unfairly penalizing the client or child if the

individual cooperated with Child Support Services.

Provide certain resources to all Colorado Works clients and survivors of domestic

violence. Counties are to make immediate referrals to appropriate services, including:

domestic violence services, legal services, health care, emergency shelter, child

protection, and law enforcement. Such referrals are to be documented in the client’s case

file.

FVO provisions

d with Child Support Services.

Provide certain resources to all Colorado Works clients and survivors of domestic

violence. Counties are to make immediate referrals to appropriate services, including:

domestic violence services, legal services, health care, emergency shelter, child

protection, and law enforcement. Such referrals are to be documented in the client’s case

file.

FVO provisions

Screening clients includes:

All clients are to be screened continually for domestic violence by trained

workers.

At any point in Colorado works program participation, a client may be identified or

may self-identify as a survivor of domestic violence.

Workers are to use sensitivity and discretion in selecting the appropriate setting

for domestic violence screening. The screening and any information related to

the client’s domestic violence shall remain confidential in accordance with section

3.609.73.

Waiver provisions, case documentation, and the Individualized Plan (IP)

The county shall use only FVO-trained workers to work with survivors of

domestic violence throughout the application, screening, waiver/IP development,

and case management processes, and when implementing, modifying, and

monitoring sanctions for a domestic violence survivor.

Workers shall use the prudent person principle in determining what FVO

waiver(s) will most benefit the individual. The IP shall be developed with a priority

on safety and self-sufficiency for the individual and the individual’s child(ren).

Waivers shall be based on need, and may be granted as long as need is

demonstrated. This can be accomplished at application or throughout the life of

the case.

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er(s) will most benefit the individual. The IP shall be developed with a priority

on safety and self-sufficiency for the individual and the individual’s child(ren).

Waivers shall be based on need, and may be granted as long as need is

demonstrated. This can be accomplished at application or throughout the life of

the case.

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Waivers shall be documented in the statewide automated system describing and

taking into account:

The past, present, and ongoing impact of domestic violence on the

individual and the family;

The individual’s available resources;

The maximized safety of the individual and the individual’s family while

leading to self-sufficiency;

Identification of specific program/work activities requirements being

required and/or waived;

Prioritization of work, excepting those cases where work would lead to

greater risk of family violence; re-assessment should occur every six (6)

months, at minimum.

Appeal of a waiver denial

If a waiver is denied, and the client wishes to dispute this decision, he or she may

appeal through the State Division of Economic and Workforce Support. The

Division will review and make decisions on the appeal. If the State Division of

Economic and Workforce Support denies the client’s appeal, he or she has the

right to appeal further through the judicial review process in section 24-4-106,

C.R.S.

The appellant shall be granted all requested waivers and continue to receive

benefits through the appeal process.

Any individual may reapply for a waiver at any time.

3.605

Income

3.605.1 Income

For Colorado Works grant payments, all countable gross income that members of the assistance

unit and budgetary unit have received or expect to receive shall be used to determine eligibility.

.R.S.

The appellant shall be granted all requested waivers and continue to receive

benefits through the appeal process.

Any individual may reapply for a waiver at any time.

3.605

Income

3.605.1 Income

For Colorado Works grant payments, all countable gross income that members of the assistance

unit and budgetary unit have received or expect to receive shall be used to determine eligibility.

Consideration of income - for purpose of determining need, all countable gross income

received in the month prior to, if available, and in the month of application shall be used

to determine eligibility of members of the assistance unit.

Availability of income - income shall be countable when actually available, when the client

has a legal interest in a sum, and has the legal ability to make such sum available for

support and maintenance. Income, in general, is the receipt by a client of a gain or

benefit in cash or in-kind during a calendar month. Received means the date on which

the income becomes legally available.

Securing potential income - a client must make every reasonable effort to secure

potential income.

The time required to make income available shall not be used as a basis for

delaying the processing of an application.

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When the client is taking appropriate action to secure potential income, the

assistance unit shall continue without adjustment until the income is available.

If the client refuses to make a reasonable effort to secure potential income, such

income must be considered as if available. Timely and adequate notice must be

given to the assistance unit regarding a proposed action to deny, reduce, or

terminate assistance, based on the availability of the income.

l income, the

assistance unit shall continue without adjustment until the income is available.

If the client refuses to make a reasonable effort to secure potential income, such

income must be considered as if available. Timely and adequate notice must be

given to the assistance unit regarding a proposed action to deny, reduce, or

terminate assistance, based on the availability of the income.

If, upon the receipt of the prior notice, the client acts to secure the potential

income, the proposed action to deny, reduce, or terminate assistance shall be

withdrawn and assistance must be approved and/or continued without

adjustment until the income is, in fact, available.

Income of a non-participant stepparent and a non-participant parent of an unmarried

minor parent

A stepparent’s countable income is considered available to stepchildren included

in the assistance unit as dependent children. The countable income of a non-

participant parent(s) of an unmarried minor parent who is living in the same home

as the minor parent, shall also be deemed to the assistance unit.

The countable income equals gross earned income minus the employment

disregard of $90, minus the maintenance or child support paid to others outside

the assistance unit, minus the amounts actually paid by the individual to other

individuals not living in the home and who could be claimed by the individual for

federal income tax purposes, plus any unearned income received by the

stepparent or non-participant parent. The needs of the stepparent or parent of

the minor parent, and the needs of individuals living in the home for whom the

stepparent or parent are responsible shall be deducted from the result to

determine the amount attributed to the assistance unit.

Income of parents living in the same home as the unmarried minor parent shall

be attributed to the assistance unit of the minor parent.