First Regular Session

Sixty-first General Assembly

LLS NO. 97­0539.01 MN SENATE BILL 97­170

STATE OF COLORADO

BY SENATOR Rupert;

also REPRESENTATIVE Leyba.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING WELFARE REFORM, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Enacts a successor program to the aid to families with dependent children program. Section numbers refer to sections of the new part.

701. Short title. Creates the "Family Investment Program Act".

702. Legislative declaration. Identifies the goals and intent of the Colorado Family Investment Program (CFIP): To provide a safety net for needy families by making a financial commitment in providing them with cash assistance and supportive services to assure long­term self­sufficiency.

703. Definitions. Establishes definitions for CFIP.

704. Program ­ general. States that the program shall be established in all counties and implemented on July 1, 1997.

705. State plan. Requires the state department of human services to submit a plan and to comply with the reporting requirements in federal law.

706. Eligibility. Provides that single­parent and two­parent families be treated the same under CFIP. Provides that immigrants shall be served under CFIP. Establishes the specific eligibility criteria for participation in CFIP. Identifies who may not be served in the CFIP program.

707. Benefits. Sets the minimum amount that a family shall receive in cash assistance under CFIP as that which the family would have received under AFDC.

708. Program features. Establishes the minimum benefits to be provided in CFIP: An assessment, case management services, and the basic services that shall be available to CFIP participants. Identifies the resources, income, and earnings disregards for CFIP.

709. Notice. Requires notices to be given to participants of their rights and options under CFIP and their length of stay on assistance.

710. Work. Identifies the work participation rates, worker protections, and good cause exemptions from work.

711. Domestic violence. Sets forth how CFIP will exercise the domestic violence option in the federal law. Provides for screening to determine whether a participant may be a victim of domestic violence. Allows for waivers of certain program requirements.

712. Child support. Sets forth the policies concerning child support enforcement and the requirements to cooperate with child support enforcement.

713. Hardship exemptions. Requires the state board of human services to set criteria on a statewide basis for hardship exemptions.

714. Appeals ­ mediation. Provides that in addition to any other rights to appeal a participant may appeal the terms of an individual responsibility plan. Requires the county departments of social services to establish a format for the resolution of disputes.

715. Sanctions. Authorizes the state board of human services to promulgate rules for sanctions to be applied in all counties.

716. Funding. Establishes the state maintenance of effort at 100% of state fiscal year 1993­94 spending on AFDC, JOBS, emergency assistance, and Title IV­A child care. Establishes what the state may use state maintenance of effort funds on and what the state may use federal funds for.

717. Administration. Identifies how CFIP will be administered between the state department of human services and the county departments of social services.

718. Reserve fund. Authorizes creation of a reserve fund to assist the state to meet its obligations under CFIP in the event of an economic downturn.

719. Contracting. Requires counties to develop plans and agreements with nonprofit and public agencies to implement various aspects of CFIP.

720. Accountability. Requires the development of county plans for the implementation of CFIP. Authorizes the use of outcome measures for evaluating program success. Creates the welfare reform council to study and evaluate CFIP.

721. Housing partnerships. Requires the state and boards of county commissioners to form partnerships with local public housing authorities to implement rent reforms to benefit participants in CFIP.

801. Short title. Creates the "Colorado Immigrant Assistance Act".

802. Legislative declaration. States the intent of providing assistance to all members of the state community.

803. Eligibility. Covers qualified aliens under CFIP, medicaid, social services block grant programs, and all other state and locally funded programs. Requires redetermination for qualified aliens who meet all eligibility criteria for supplemental security income (SSI) except citizen status for medicaid eligibility. Provides for certain types of assistance for qualified aliens meeting all eligibility criteria for SSI and food stamps except citizen status.

804. Assistance with citizenship. Authorizes assistance programs for persons applying to become citizens.

901. Short title. Creates the "Colorado Business Partnership in Communities Act".

902. Partnerships authorized. Establishes a grant program to encourage business partnerships.

Makes an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 2 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW PARTS to read:

26­2­701.  Short title. THIS PART 7 SHALL BE KNOWN AND MAY BE CITED AS THE "FAMILY INVESTMENT PROGRAM ACT."

26­2­702.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a)  AS A SOCIETY, WE MUST CARE FOR OUR MOST VULNERABLE CITIZENS AND ENSURE THEIR SAFETY FROM POVERTY AND VIOLENCE;

(b)  EFFECTIVE WELFARE REFORM REQUIRES A COMPREHENSIVE APPROACH TO THE DELIVERY OF SERVICES THAT ADDRESSES THE NEED FOR FINANCIAL STABILITY, SAFE AND ADEQUATE HOUSING, CHILD CARE, JOB TRAINING, CHILD SUPPORT ENFORCEMENT, HEALTH CARE, AND EDUCATION;

(c)  THE DELIVERY OF PUBLIC ASSISTANCE BENEFITS WILL BE GREATLY ENHANCED BY PARTNERSHIPS AMONG PARTICIPANTS, HOUSING AUTHORITIES, BUSINESS COMMUNITIES, STATE AND COUNTY PUBLIC AGENCIES, AND PROVIDERS OF SERVICES SUCH AS JOB TRAINING AND CHILD CARE;

(d)  FORMULAIC APPROACHES TO WELFARE REFORM SHOULD BE AVOIDED AND THE STATE SHOULD EMPLOY ASSESSMENT METHODS THAT HELP TO ENSURE THAT PARTICIPANTS RECEIVE THE TYPE OF ASSISTANCE THAT THEY NEED THE MOST TO ATTAIN SELF­SUFFICIENCY;

(e)  STATE AND COUNTY GOVERNMENT SHOULD BE HELD ACCOUNTABLE FOR THE EFFICIENT AND SUCCESSFUL IMPLEMENTATION OF WELFARE PROGRAMS.

(2)  THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193, HAS ENDED SIXTY YEARS OF CONDUCTING A FEDERALLY­BASED PROGRAM OF PUBLIC ASSISTANCE. COLORADO NOW HAS AN OPPORTUNITY TO ESTABLISH A SAFETY NET FOR ITS MOST NEEDY CITIZENS AND PROVIDE SUPPORT SERVICES TO ASSIST FAMILIES TO ESCAPE POVERTY.

(3)  THE COLORADO FAMILY INVESTMENT PROGRAM HELPS NEEDY FAMILIES BY:

(a)  MAKING A COMMITMENT TO FAMILIES BY PROVIDING A SAFETY NET THAT:

(I)  ASSURES THAT THOSE WHO MEET THE ELIGIBILITY CRITERIA OF THE PROGRAM, INCLUDING IMMIGRANTS, RECEIVE BENEFITS;

(II)  PROTECTS DOMESTIC VIOLENCE VICTIMS; AND

(III)  ENSURES CHILD CARE IS PROVIDED WHEN NECESSARY;

(b)  USING THOUGHTFUL STRATEGIES TO HELP FAMILIES ESCAPE POVERTY BY PROVIDING:

(I)  COMPREHENSIVE CASE MANAGEMENT SERVICES;

(II)  EARNINGS DISREGARDS THAT ALLOW MORE OF A PARTICIPANT'S SALARY TO BE RETAINED WHILE WORKING;

(III)  INCREASED RESOURCE LIMITS THAT ALLOW A FAMILY TO BEGIN TO SAVE;

(IV)  BUSINESS PARTNERSHIPS; AND

(V)  ACCOUNTABILITY STANDARDS AND OUTCOME MEASUREMENTS THAT FOCUS ON SELF­SUFFICIENCY;

(c)  MAKING A FINANCIAL COMMITMENT TO FAMILIES BY FUNDING CASH ASSISTANCE, CHILD CARE, AND OTHER SUPPORTIVE SERVICES WHILE ALSO CREATING A RESERVE FOR YEARS WITH ECONOMIC DOWNTURNS.

(4)  WELFARE REFORM SHOULD SEEK TO ENABLE PERSONS TO RISE OUT OF POVERTY, AFFIRM THEIR HUMAN DIGNITY, AND EMPOWER THEM THROUGH A VARIETY OF SERVICES TO ACHIEVE SELF­SUFFICIENCY. THE PRIORITY MUST BE TO PROMOTE THE INDEPENDENCE OF PARTICIPANTS RATHER THAN SIMPLY A REDUCTION IN CASELOADS.

(5)  THE COLORADO FAMILY INVESTMENT ACT ESTABLISHES A FUNDING MECHANISM THAT PROVIDES A SAFETY NET BY SEPARATING FEDERAL AND STATE FUNDING STREAMS.

(6)  THEREFORE, THE GENERAL ASSEMBLY FINDS AND DETERMINES THAT IT IS IN THE BEST INTERESTS OF THE STATE TO ADOPT THE COLORADO FAMILY INVESTMENT ACT SET FORTH IN THIS PART 7.

26­2­703.  Definitions. AS USED IN THIS PART 7, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "APPLICANT" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 26­2­103 (1).

(2)  "BENEFITS" MEANS A CASH ASSISTANCE GRANT OR FORMS OF ASSISTANCE SUCH AS JOB TRAINING, BASIC EDUCATION SERVICES, SUBSIDIZED EMPLOYMENT, AND OTHER SERVICES AS APPROPRIATE.

(3)  "CARETAKER RELATIVE" MEANS A PARENT OR OTHER PERSON RELATED TO THE CHILDREN IN THE FAMILY WITHIN THE FIFTH DEGREE OF RELATIONSHIP WHO HAS THE CARE AND CONTROL OF THE CHILDREN.

(4)  "CASH ASSISTANCE GRANT" MEANS A CASH GRANT ESTABLISHED BY RULES OF THE STATE BOARD.

(5)  "CHILD" MEANS A PERSON WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS, OR WHO HAS NOT ATTAINED THE AGE OF NINETEEN YEARS IF A FULL­TIME STUDENT IN A SECONDARY SCHOOL OR IN THE EQUIVALENT LEVEL OF VOCATIONAL OR TECHNICAL TRAINING.

(6)  "COLORADO FAMILY INVESTMENT PROGRAM" OR "CFIP" MEANS THE PROGRAM CREATED IN THIS PART 7.

(7)  "COUNTY DEPARTMENT" MEANS THE COUNTY DEPARTMENT OF SOCIAL SERVICES OF A COUNTY OR ANY COMBINATION OF DEPARTMENTS OF SOCIAL SERVICES OF A COUNTY.

(8)  "FAMILY" MEANS ONE OR MORE PARENTS OR OTHER CARETAKER RELATIVES AND CHILDREN, INCLUDING SIBLINGS AND HALF­SIBLINGS, WHO LIVE TOGETHER. CARETAKER RELATIVES WHO ARE NOT RESPONSIBLE FOR THE SUPPORT OF THE CHILDREN IN THE HOME ARE NOT REQUIRED TO BE A PART OF THE FAMILY BUT MAY BE INCLUDED IN THE FAMILY AT THE DISCRETION OF THE FAMILY.

(9)  "INCOME" MEANS THE MONTHLY AMOUNT OF EARNED OR UNEARNED INCOME FROM ANY SOURCE, INCLUDING IN­KIND INCOME, THAT IS AVAILABLE TO A FAMILY TO MEET ITS CURRENT LIVING EXPENSES AS DETERMINED BY THE STATE BOARD.

(10)  "INDIVIDUAL RESPONSIBILITY PLAN" OR "IRP" MEANS THE AGREEMENT ENTERED INTO PURSUANT TO SECTION 26­2­708.

(11)  "MINOR" MEANS A PERSON UNDER THE AGE OF EIGHTEEN YEARS WHO IS NOT LEGALLY EMANCIPATED.

(12)  "MINOR PARENT" MEANS A PERSON UNDER THE AGE OF EIGHTEEN YEARS WHO HAS CARE AND CONTROL OF HIS OR HER CHILD.

(13)  "PARENT" MEANS AN INDIVIDUAL WHO HAS CARE AND CONTROL OF HIS OR HER NATURAL OR ADOPTIVE CHILD IN HIS OR HER PHYSICAL CUSTODY.

(14)  "PARTICIPANT" MEANS A PERSON OR FAMILY WHO HAS BEEN FOUND ELIGIBLE FOR CFIP SERVICES AND BENEFITS.

(15)  "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT" OR "FEDERAL LAW" MEANS THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193.

(16)  "QUALIFIED ALIEN" HAS THE SAME MEANING AS IN TITLE IV OF THE FEDERAL LAW.

(17)  "RESOURCES" MEANS CASH OR OTHER LIQUID ASSETS OR ANY REAL OR PERSONAL PROPERTY THAT AN INDIVIDUAL OWNS AND COULD CONVERT TO CASH TO BE USED FOR HIS OR HER SUPPORT AND MAINTENANCE.

(18)  "RESERVE FUND" MEANS THE FUND CREATED IN SECTION 26­2­718.

(19)  "TIME LIMIT" MEANS THE SIXTY­MONTH TIME LIMIT FOR RECEIPT OF FEDERAL ASSISTANCE UNDER THE FEDERAL LAW.

26­2­704.  Program created ­ general provisions. (1)  THE COLORADO FAMILY INVESTMENT PROGRAM (CFIP) SHALL BE IMPLEMENTED STARTING ON JULY 1, 1997, AND SHALL BE ESTABLISHED IN ALL COUNTIES.

(2)  SUBJECT TO THE PROVISIONS OF THIS PART 7, THE STATE BOARD SHALL ESTABLISH BY RULE MINIMUM STATEWIDE SERVICES AND BENEFITS THAT SHALL BE AVAILABLE IN ALL COUNTIES.

(3)  BOARDS OF COUNTY COMMISSIONERS MAY OPT TO PROVIDE ADDITIONAL SERVICES AND BENEFITS THAT ARE CONSISTENT WITH FEDERAL LAW AND THIS PART 7.

26­2­705.  State plan ­ reporting. (1)  THE STATE DEPARTMENT SHALL SUBMIT A PLAN TO THE SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES NO LATER THAN JULY 1, 1997, THAT IS CONSISTENT WITH THE PROVISIONS OF THIS PART 7 AND FEDERAL LAW.

(2)  THE STATE DEPARTMENT SHALL BE RESPONSIBLE FOR COMPLYING WITH THE REPORTING REQUIREMENTS IN FEDERAL LAW.

26­2­706.  Eligibility. (1) (a)  THE GENERAL ASSEMBLY DECLARES ITS INTENT TO REDUCE THE INCENTIVE FOR THE BREAK­UP OF FAMILIES BY PROVIDING ASSISTANCE TO BOTH SINGLE PARENT AND TWO­PARENT FAMILIES.

(b)  ASSISTANCE SHALL BE UNIFORM AS BETWEEN SINGLE­PARENT AND TWO­PARENT FAMILIES UNLESS OTHERWISE PROVIDED IN THIS PART 7.

(2)  IN ADDITION, THE GENERAL ASSEMBLY DECLARES THAT IMMIGRANTS COME TO COLORADO TO REJOIN FAMILIES, RAISE CHILDREN, AND WORK HARD. IMMIGRANTS PAY TAXES, WORK, AND SUPPORT THEMSELVES AND ARE JUST AS VULNERABLE TO SHIFTING ECONOMIES, DIVORCE, AND THE DEATH OF A PRIMARY WAGE­EARNER AS CITIZENS ARE. THEREFORE, IMMIGRANTS SHOULD HAVE ACCESS TO THE SAME ASSISTANCE IN TIMES OF NEED AS CITIZENS ARE ALLOWED UNDER THE FEDERAL LAW.

(3)  ASSISTANCE UNDER THE CFIP PROGRAM SHALL BE PROVIDED TO ANY FAMILY THAT MEETS THE ELIGIBILITY REQUIREMENTS OF THIS SECTION AND SECTION 26­2­111 AND THAT CONSISTS OF:

(a)  A CHILD LIVING WITH A SINGLE PARENT;

(b)  A CHILD LIVING WITH TWO PARENTS;

(c)  A CHILD LIVING WITH A CARETAKER RELATIVE;

(d)  A PREGNANT WOMAN;

(e)  A CHILD LIVING WITH A MINOR PARENT AS PROVIDED UNDER THE FEDERAL LAW;

(f)  A QUALIFIED ALIEN, AS ALLOWED UNDER FEDERAL LAW, WHO MEETS ONE OF THE OTHER ELIGIBILITY CRITERIA SET FORTH IN THIS SUBSECTION (3).

(4)  IN DETERMINING ELIGIBILITY FOR CFIP, ONE AUTOMOBILE SHALL BE EXCLUDED. THE INCOME AND OTHER RESOURCE LIMITS SHALL BE THE SAME AS THE LIMITS IN EFFECT ON JULY 16, 1996.

(5)  THE FOLLOWING PERSONS SHALL NOT RECEIVE SERVICES OR BENEFITS PROVIDED THROUGH FEDERAL FUNDS:

(a)  A DEPENDENT CHILD NOT LIVING IN THE HOME OF HIS OR HER PARENT OR A CARETAKER RELATIVE FOR A PERIOD GREATER THAN FORTY­FIVE DAYS UNLESS SUCH CHILD IS EXEMPTED FOR GOOD CAUSE BY RULES ESTABLISHED BY THE STATE DEPARTMENT;

(b)  A CHILD IN FOSTER CARE EITHER UNDER A COURT ORDER OR NINETY DAYS AFTER PLACEMENT, WHICHEVER IS EARLIER;

(c)  A CARETAKER RELATIVE WHO FAILS TO REPORT THE ABSENCE OF A CHILD WITHIN FIVE DAYS IF THE CHILD IS EXPECTED TO BE OUT OF THE HOME FOR A PERIOD GREATER THAN FORTY­FIVE DAYS;

(d)  A PERSON CONVICTED OF A DRUG­RELATED FELONY OFFENSE UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, OR THE FEDERAL GOVERNMENT ON OR AFTER JULY 1, 1997, UNLESS SUCH PERSON IS DETERMINED BY THE COUNTY DEPARTMENT TO HAVE TAKEN ACTION TOWARD REHABILITATION SUCH AS, BUT NOT LIMITED TO, PARTICIPATION IN A DRUG TREATMENT PROGRAM;

(e)  A FUGITIVE FELON OR A PAROLE OR PROBATION VIOLATOR UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, OR THE FEDERAL GOVERNMENT ON OR AFTER JULY 1, 1997;

(f)  A PERSON WHO FALSELY DECLARES RESIDENCE IN TWO OR MORE STATES TO QUALIFY FOR BENEFITS IN BOTH STATES. SUCH PERSON SHALL NOT RECEIVE BENEFITS OR SERVICES FOR A PERIOD OF TEN YEARS AFTER THE DATE OF CONVICTION UNDER THE LAWS OF THIS STATE, ANY OTHER STATE OR THE FEDERAL GOVERNMENT ON OR AFTER JULY 1, 1997;

(g)  A PERSON WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS WHO IS NOT MARRIED, HAS A MINOR CHILD AT LEAST TWELVE WEEKS OF AGE, HAS NOT COMPLETED HIGH SCHOOL OR OBTAINED A CERTIFICATE OF HIGH SCHOOL EQUIVALENCY, AND IS NOT PARTICIPATING IN HIGH SCHOOL, PURSUING A CERTIFICATE OF HIGH SCHOOL EQUIVALENCY, OR PARTICIPATING IN A TRAINING PROGRAM APPROVED BY A COUNTY DEPARTMENT;

(h)  A PARENT WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS WHO IS NOT MARRIED AND DOES NOT RESIDE WITH A PARENT OR OTHER ADULT RELATIVE, IN AN ADULT­SUPERVISED HOME, OR IN ANY OTHER ARRANGEMENT APPROVED BY THE COUNTY DEPARTMENT;

(i)  A PERSON WHO FAILS TO ASSIGN ANY RIGHT TO SPOUSAL OR CHILD SUPPORT TO THE STATE, SUBJECT TO SECTION 26­2­712;

(j)  A PERSON WHO FAILS TO COOPERATE WITH WORK ACTIVITIES REQUIRED PURSUANT TO THE TWENTY­FOUR MONTH TIME LIMITS SUBJECT TO SECTION 26­2­710;

(k)  A PERSON WHO HAS RECEIVED ASSISTANCE FUNDED BY TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT FUNDS AS PROVIDED IN PART A OF TITLE IV OF THE FEDERAL "SOCIAL SECURITY ACT" AS AN ADULT FOR A PERIOD IN EXCESS OF SIXTY MONTHS AFTER JULY 1, 1997, UNLESS EXEMPTED FOR HARDSHIP PURSUANT TO RULES PROMULGATED BY THE STATE DEPARTMENT. NOT MORE THAN TWENTY PERCENT OF THE CFIP CASELOAD RECEIVING FEDERAL FUNDS MAY BE EXEMPTED FROM THE TIME LIMIT FOR HARDSHIP.

(6)  A COUNTY MAY USE STATE OR COUNTY FUNDS TO PROVIDE BENEFITS AND SERVICES TO FAMILIES SUBJECT TO SUBSECTION (5) OF THIS SECTION.

(7)  A PARTICIPANT'S ELIGIBILITY FOR ASSISTANCE UNDER THE CFIP SHALL BE REDETERMINED NO LESS FREQUENTLY THAN EVERY TWELVE MONTHS.

26­2­707.  Benefits. (1)  A FAMILY ELIGIBLE TO RECEIVE ASSISTANCE UNDER THIS PART 7 SHALL RECEIVE CASH ASSISTANCE IN THE SAME AMOUNT AND MANNER AS SUCH FAMILY WOULD HAVE RECEIVED ASSISTANCE UNDER RULES IN EFFECT ON JULY 16, 1996, FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM, UNLESS THE FAMILY VOLUNTARILY CHOOSES ANOTHER FORM OF ASSISTANCE; EXCEPT THAT TWO­PARENT FAMILIES SHALL BE DETERMINED ELIGIBLE AND SHALL RECEIVE BENEFITS IN THE SAME MANNER AS SINGLE PARENT FAMILIES.

(2)  A COUNTY MAY INCREASE THE AMOUNT OF CASH ASSISTANCE THAT A FAMILY MAY RECEIVE UNDER CFIP BASED UPON FAIR AND OBJECTIVE CRITERIA.

(3)  AN ADULT OR MINOR PARENT ELIGIBLE TO RECEIVE ASSISTANCE UNDER THIS PART 7 AND REQUIRED TO PARTICIPATE IN ACTIVITIES OUTSIDE THE HOME SUCH AS WORK, JOB TRAINING, EDUCATION, OR SKILLS TRAINING SHALL RECEIVE CHILD CARE WHEN NECESSARY TO ENSURE SUCH PARTICIPATION. SUCH CHILD CARE SERVICES SHALL BE FUNDED THROUGH THE FEDERAL CHILD CARE AND DEVELOPMENT BLOCK GRANT OR ANY OTHER FEDERAL OR STATE FUNDING.

26­2­708.  Program features. (1) Assessment.  WITHIN THIRTY DAYS AFTER BEING DETERMINED TO BE ELIGIBLE FOR CFIP AND EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, EACH ADULT OR MINOR PARENT SHALL RECEIVE AN ASSESSMENT TO IDENTIFY THE PARTICIPANT'S EDUCATIONAL BACKGROUND, PRIOR WORK EXPERIENCE, ACCESS TO SAFE, DECENT, AND AFFORDABLE HOUSING, EMPLOYABILITY INCLUDING HIS OR HER SKILLS AND READINESS, AND OBSTACLES TO SELF­SUFFICIENCY.

(2) Transition.  ALL ASSESSMENTS FOR PERSONS WHO ARE RECIPIENTS OF AFDC AS OF JULY 1, 1997, SHALL BE COMPLETED BY OCTOBER 1, 1997. IF A COUNTY CANNOT MEET THIS DEADLINE, THOSE RECIPIENTS WHO HAVE NOT RECEIVED ASSESSMENTS BY OCTOBER 1, 1997, SHALL BE FUNDED THROUGH STATE MAINTENANCE OF EFFORT FUNDING AS DESCRIBED IN SECTION 26­2­716.

(3) Case management. (a)  A COUNTY DEPARTMENT SHALL BE REQUIRED TO PROVIDE CASE MANAGEMENT SERVICES PURSUANT TO RULES PROMULGATED BY THE STATE BOARD. CASE MANAGERS SHALL BE REQUIRED TO:

(I)  COMPLETE DETAILED ASSESSMENTS AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION;

(II)  DEVELOP A PARTNERSHIP WITH THE PARTICIPANT THAT WILL ENABLE BOTH TO DEVELOP A MUTUALLY ACCEPTABLE INDIVIDUAL RESPONSIBILITY PLAN WITHIN THIRTY DAYS AFTER THE ASSESSMENT. THE IRP SHALL IDENTIFY GOALS FOR THE PARTICIPANT, INCLUDING WORK ACTIVITIES, TIME FRAMES FOR ACHIEVING SELF­SUFFICIENCY, AND THE MEANS REQUIRED TO MEET THESE BENCHMARKS, INCLUDING NECESSARY SUPPORTIVE SERVICES. THE IRP SHALL BE AN APPROPRIATE AND ENFORCEABLE EMPLOYMENT PLAN LISTING THE SUPPORT SERVICES THE STATE AGENCY WILL PROVIDE. PARTICIPANTS DETERMINED TO BE EXEMPT UNDER THE HARDSHIP EXEMPTIONS SHALL NOT BE REQUIRED TO HAVE AN IRP.

(III)  PROVIDE OR MAKE APPROPRIATE REFERRALS TO SUPPORTIVE SERVICES SUCH AS MENTAL HEALTH COUNSELING, SUBSTANCE ABUSE COUNSELING, LIFE SKILLS TRAINING, AND MONEY MANAGEMENT OR PARENTING CLASSES;

(IV)  UTILIZE THE FAMILY'S EXISTING STRENGTHS;

(V)  PROVIDE ONGOING SUPPORT AND ASSISTANCE TO THE FAMILY IN OVERCOMING BARRIERS TO TRAINING AND EMPLOYMENT; AND

(VI)  MONITOR THE PROGRESS OF THE FAMILY TOWARD ATTAINING SELF­SUFFICIENCY.

(b)  THE NUMBER OF CASES ASSIGNED TO EACH CASE MANAGER SHALL BE APPROPRIATE IN RELATION TO THE AMOUNT OF SERVICES REQUIRED.

(c) (I)  THE GENERAL ASSEMBLY HEREBY FINDS THAT SOME PARTICIPANTS WHO WILL BE REQUIRED TO ENTER THE WORK FORCE HAVE LOW SELF­ESTEEM, SERIOUS MENTAL HEALTH OR SUBSTANCE ABUSE PROBLEMS, OR A HISTORY OF FAMILY VIOLENCE.

(II)  A COUNTY DEPARTMENT SHALL EMPLOY TREATMENT WORKERS WITH APPROPRIATE GRADUATE DEGREES TO PROVIDE SERVICES TO PARTICIPANTS WITH THE PROBLEMS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c) AND SHALL GIVE SUCH TREATMENT WORKERS APPROPRIATELY REDUCED CASELOADS.

(III)  THE COUNTY DEPARTMENTS SHALL HOLD FORMAL CASE REVIEWS OF ALL PARTICIPANTS WHO RECEIVE ASSISTANCE FOR MORE THAN SIX CONTINUOUS MONTHS.

(d)  THE COUNTY DEPARTMENT SHALL ALSO IDENTIFY PARTICIPANTS WITH LESS SEVERE MENTAL HEALTH PROBLEMS AND PROVIDE OR REFER THEM TO SHORT­TERM SUPPORTIVE MENTAL HEALTH SERVICES THAT ARE APPROPRIATE.

(e)  EACH CASE MANAGER SHALL BE TRAINED AND SHALL BE PROVIDED WITH AN ORIENTATION REGARDING THE NEW ROLE OF THE COUNTY DEPARTMENT IN HELPING FAMILIES REACH PERMANENT SELF­SUFFICIENCY.

(4) Services available. (a)  THE IRP WILL BE THE BASIS FOR THE SERVICES THAT ARE PROVIDED TO THE PARTICIPANT. SERVICES THAT MUST BE AVAILABLE IN EACH COUNTY OR PURSUANT TO PARTNERSHIPS BETWEEN COUNTIES SHALL INCLUDE THE FOLLOWING, ANY OF WHICH MAY BE INCLUDED IN AN IRP:

(I)  BASIC SKILLS TRAINING, INCLUDING GED AND HIGH SCHOOL DIPLOMA PROGRAMS AND ENGLISH AS A SECOND LANGUAGE (ESL) PROGRAMS;

(II)  BASIC AND REMEDIAL EDUCATION;

(III)  VOCATIONAL EDUCATION;

(IV)  EMPLOYMENT PREPARATION TRAINING, INCLUDING BUT NOT LIMITED TO LIFE SKILLS, PARENTING, BUDGETING, BALANCING WORK AND FAMILY, AND EMPLOYER EXPECTATIONS;

(V)  JOB SEARCH AND JOB RETENTION SKILLS;

(VI)  CAREER COUNSELING AND JOB PLACEMENT SERVICES;

(VII)  DOMESTIC VIOLENCE COUNSELING;

(VIII)  MENTAL HEALTH COUNSELING;

(IX)  TRANSPORTATION ASSISTANCE;

(X)  HOUSING REFERRALS; AND

(XI)  CHILD CARE.

(b)  IN ADDITION TO THE SERVICES SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (4), A COUNTY DEPARTMENT MAY PROVIDE OTHER SERVICES IT DEEMS APPROPRIATE, CONSISTENT WITH THIS PART 7 AND THE FEDERAL LAW.

(5) Resources, income, and disregards. (a)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT ALLOWING A FAMILY TO BEGIN TO SAVE RESOURCES WILL ASSIST THE FAMILY IN BECOMING PERMANENTLY SELF­SUFFICIENT.

(b) (I)  THE VALUE OF COUNTABLE RESOURCES SHALL BE NO GREATER THAN THREE THOUSAND DOLLARS.

(II)  IN DETERMINING THE RESOURCES OF AN INDIVIDUAL, ONE AUTOMOBILE SHALL BE TOTALLY EXCLUDED, REGARDLESS OF ITS VALUE. A HOME, HOUSEHOLD GOODS, PERSONAL EFFECTS, AND THE CONTENTS OF AN INDIVIDUAL DEVELOPMENT ACCOUNT SHALL ALSO BE EXCLUDED.

(III)  ADDITIONAL EXEMPTIONS FROM COUNTABLE RESOURCES SHALL BE DETERMINED BY RULES PROMULGATED BY THE STATE BOARD IN ORDER TO FACILITATE PERMANENT SELF­SUFFICIENCY.

(c) (I)  THE GENERAL ASSEMBLY FINDS AND DECLARES THAT ALLOWING A WORKING PARENT OR CARETAKER RELATIVE TO RETAIN A PORTION OF INCOME FROM EARNINGS IS IMPORTANT FOR THE FAMILY BOTH FINANCIALLY AND IN ORDER TO SEE THE VALUE OF WORK.

(II)  THE STATE BOARD SHALL PROMULGATE RULES ACCORDING TO WHICH, AT A MINIMUM, EARNINGS UNDER THE CFIP SHALL BE DISREGARDED TO ALLOW A DISREGARD OF THE FIRST ONE HUNDRED TWENTY DOLLARS OF INCOME PLUS A DISREGARD OF FIFTY­EIGHT PERCENT OF THE REMAINDER OF THE INCOME. THE REMAINDER IS COUNTABLE INCOME FOR PURPOSES OF DETERMINING THE CASH GRANT SIZE.

(d)  THE STATE BOARD MAY PROMULGATE RULES TO ESTABLISH INCOME DISREGARDS IN ORDER TO FACILITATE PERMANENT SELF­SUFFICIENCY.

(e)  THE GENERAL ASSEMBLY FINDS THAT A PARTICIPANT COULD BENEFIT FROM ESTABLISHING AN INDIVIDUAL DEVELOPMENT ACCOUNT (IDA) FOR THE PURPOSE OF EDUCATION, HOME PURCHASE, OR BUSINESS CAPITALIZATION CONSISTENT WITH THE REQUIREMENTS OF THE FEDERAL LAW. THE COUNTY DEPARTMENT SHALL PROVIDE INFORMATION TO PARTICIPANTS THAT DESCRIBES HOW TO ESTABLISH AN IDA. NO MONEYS DEPOSITED IN THE IDA SHALL COUNT FOR PURPOSES OF RESOURCE LIMITS.

(f) (I)  THE GENERAL ASSEMBLY FINDS THAT THE FEDERAL EARNED INCOME TAX CREDIT CAN PROVIDE VALUABLE INCOME TO WORKING FAMILIES THROUGH BOTH YEAR­END REFUNDS AND ADVANCES PER PAYCHECK.

(II)  THE STATE DEPARTMENT SHALL DISTRIBUTE INFORMATION ABOUT YEAR­END REFUNDS AND PAYCHECK ADVANCEMENTS TO EVERY CFIP PARTICIPANT.

(III)  THE COUNTY DEPARTMENT SHALL ALSO PUBLICIZE TO PARTICIPANTS ANY COST­FREE SERVICES AVAILABLE IN THE COUNTY FOR TAX PREPARATION AND CLAIMING THE FEDERAL EARNED INCOME TAX CREDIT.

26­2­709.  Notice. (1)  ALL APPLICANTS AND CURRENT PARTICIPANTS SHALL BE ADVISED IN WRITING OF THEIR RIGHTS, RESPONSIBILITIES, AND OPTIONS AVAILABLE UNDER CFIP, INCLUDING BUT NOT LIMITED TO TIME LIMITS, ELIGIBILITY FOR DOMESTIC VIOLENCE WAIVERS, EXTENSIONS OR EXEMPTIONS, AND SERVICES AVAILABLE. VERBAL NOTICE SHALL BE PROVIDED WHEN REQUESTED.

(2)  A COUNTY SHALL ESTABLISH A METHOD FOR NOTIFYING PARTICIPANTS MONTHLY OF THEIR LENGTH OF STAY ON ASSISTANCE.

26­2­710. Work.  (1) (a)  "WORK PARTICIPATION RATE" SHALL MEAN THE PERCENTAGES OF PARTICIPANTS REQUIRED TO BE IN WORK ACTIVITIES AS DEFINED IN ALL FAMILIES' PARTICIPATION RATE AND THE TWO­PARENT FAMILIES RATE UNDER THE FEDERAL LAW.

(2) (a)  THE GENERAL ASSEMBLY HEREBY FINDS THAT RECIPIENTS OF ASSISTANCE UNDER CFIP ENGAGED IN WORK ACTIVITIES MUST BE PROVIDED WITH THE SAME WORKER PROTECTIONS AS ALL EMPLOYEES IN COLORADO.

(b)  ALL EXISTING STATE AND FEDERAL LAWS AFFECTING THE WORKPLACE SHALL APPLY TO ALL WORKERS, INCLUDING THOSE COVERED UNDER CFIP. THESE LAWS INCLUDE, BUT ARE NOT LIMITED TO, THE STATE MINIMUM WAGE, FEDERAL MINIMUM WAGE OR PREVAILING WAGE, WORKER'S COMPENSATION, UNEMPLOYMENT INSURANCE, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION COVERAGE WHERE APPLICABLE, THE FAIR LABOR STANDARDS ACT, ALL FEDERAL, STATE, AND LOCAL ANTI­DISCRIMINATION LAWS, AND ALL EXISTING LAWS GOVERNING THE RIGHT TO ORGANIZE.

(c)  ALL CFIP PARTICIPANTS SHALL BE ENTITLED TO THE SAME WAGES AND BENEFITS, INCLUDING BUT NOT LIMITED TO SICK LEAVE AND HOLIDAY AND VACATION PAY, AS ARE OFFERED TO OTHER EMPLOYEES WITH SIMILAR BACKGROUND, TRAINING, OR EXPERIENCE PERFORMING THE SAME OR SIMILAR WORK AT A WORKPLACE.

(d)  THE CFIP PROGRAM SHALL NOT BE USED TO DISPLACE EXISTING WORKERS, PARTICULARLY LOW­INCOME, UNSKILLED WORKERS, AND CFIP PARTICIPANTS SHALL NOT BE ASSIGNED JOBS AVAILABLE DUE TO A LABOR DISPUTE, STRIKE, LOCKOUT, OR VIOLATION OF AN EXISTING COLLECTIVE BARGAINING AGREEMENT. IN ADDITION, CFIP PARTICIPANTS MAY NOT BE PLACED IN A POSITION CREATED BY OR THAT WILL CAUSE A TERMINATION, LAYOFF, HIRING FREEZE, OR REDUCTION IN WORKFORCE OR CAUSE A REDUCTION OF REGULAR OR OVERTIME HOURS, WAGES, OR BENEFITS OF THOSE CURRENTLY EMPLOYED.

(e)  THE STATE DEPARTMENT SHALL ESTABLISH A GRIEVANCE PROCESS FOR EMPLOYEES AND THEIR REPRESENTATIVES WHO ALLEGE VIOLATIONS OF THE DISPLACEMENT PROVISIONS SET FORTH IN PARAGRAPH (d) OF THIS SUBSECTION (2).

(3)  GOOD CAUSE EXEMPTIONS FROM WORK ACTIVITIES UNDER FEDERAL LAW INCLUDE, BUT ARE NOT LIMITED TO, ILLNESS, ILLNESS OF ANOTHER MEMBER OF THE FAMILY SERIOUS ENOUGH TO REQUIRE THE ATTENTION OF THE PARTICIPANT, LACK OF HOUSING, DOMESTIC VIOLENCE, UNSAFE WORKING CONDITIONS, LACK OF WORKERS' COMPENSATION INSURANCE, THE INABILITY OF THE PARTICIPANT TO CONTINUE IN THE EMPLOYMENT OR TRAINING BASED UPON THE PERSON'S PHYSICAL OR MENTAL CAPACITY, A COURT REQUIRED APPEARANCE OR INCARCERATION, OR EMERGENCY FAMILY CRISIS OR SUDDEN CHANGE IN INDIVIDUAL OR IMMEDIATE FAMILY CIRCUMSTANCES OF A SEVERE NATURE. PARTICIPANTS WITH A CHILD UNDER ONE YEAR OF AGE ONE SHALL BE ELIGIBLE FOR A GOOD CAUSE EXEMPTION.

(4) (a)  A PARTICIPANT MAY DECLINE A GOOD CAUSE EXEMPTION AND CONTINUE TO PARTICIPATE THROUGH AN IRP.

(b)  PARTICIPANTS SHALL BE CONSIDERED TO BE ENGAGED IN WORK IF THEY ARE PARTICIPATING IN WORK ACTIVITIES AS DESCRIBED IN THE FEDERAL LAW OR IF THEY ARE PARTICIPATING IN OTHER WORK ACTIVITIES DESIGNED TO LEAD TO SELF­SUFFICIENCY AS DETERMINED BY THE COUNTY AND AS OUTLINED IN THEIR IRP.

(c)  THE STATE DEPARTMENT SHALL ESTABLISH WORK PARTICIPATION RATES FOR EACH COUNTY BASED UPON OBJECTIVE CRITERIA IN ORDER TO MEET THE FEDERAL WORK PARTICIPATION REQUIREMENTS FOR THE STATE.

(d)  EACH COUNTY SHALL BE RESPONSIBLE FOR ACHIEVING WORK PARTICIPATION RATES FOR PARTICIPANTS AS ESTABLISHED BY THE STATE DEPARTMENT PURSUANT TO FEDERAL LAW.

26­2­711.  Domestic violence. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(a)  DOMESTIC VIOLENCE IS A SIGNIFICANT PROBLEM FOR THE STATE OF COLORADO AS WELL AS THE NATION;

(b)  DOMESTIC VIOLENCE MAY MAKE IT DIFFICULT FOR SOME INDIVIDUALS TO ATTAIN SELF­SUFFICIENCY BECAUSE THE PHYSICAL AND MENTAL EFFECTS OF PAST AND PRESENT ABUSE MAY HINDER JOB PERFORMANCE. ABUSIVE PARTNERS MAY ATTEMPT TO SABOTAGE THEIR VICTIM'S EDUCATIONAL, TRAINING, AND EMPLOYMENT EFFORTS IN ORDER TO KEEP THE VICTIM ECONOMICALLY DEPENDENT. FURTHERMORE, THE DEMANDS OF COURT INTERVENTION, CRIMINAL PROSECUTION, OR SAFETY PLANNING MAY INTERFERE WITH THE VICTIM'S EDUCATION, TRAINING, OR EMPLOYMENT.

(c)  THE ATTEMPT TO ESCAPE VIOLENT LIVING ARRANGEMENTS MAY DISRUPT WORK OR REQUIRE RELOCATIONS FROM ANOTHER STATE;

(d)  IN SITUATIONS WHERE THERE IS A RISK OF DOMESTIC VIOLENCE, COOPERATION WITH CHILD SUPPORT AND PATERNITY ESTABLISHMENT REGULATIONS MAY INCREASE THE RISK TO INDIVIDUALS OR THEIR CHILDREN;

(e)  INDIVIDUALS SHOULD NOT BE FORCED TO REMAIN IN A VIOLENT LIVING SITUATION OR PLACE THEMSELVES OR OTHERS AT RISK IN ORDER TO RETAIN ASSISTANCE, FOR ECONOMIC SURVIVAL, OR BECAUSE ANY APPLICABLE LIMIT FOR RECEIPT OF ASSISTANCE HAS EXPIRED;

(f)  NO INDIVIDUAL SHOULD BE UNFAIRLY PENALIZED BECAUSE THE EFFECTS OF PAST OR PRESENT DOMESTIC VIOLENCE OR THE RISK OF FURTHER DOMESTIC VIOLENCE MAY BE A SERIOUS OBSTACLE TO THE INDIVIDUAL'S COMPLIANCE WITH REQUIREMENTS FOR ASSISTANCE UNDER CFIP;

(g)  THEREFORE, IN ORDER TO ENSURE THE SAFETY OF A VICTIM OF DOMESTIC VIOLENCE AND HIS OR HER CHILDREN, COLORADO SHALL ADOPT THE FAMILY VIOLENCE OPTION FOUND AT SECTION 402 (a) (7) OF THE FEDERAL LAW.

(2)  THE STATE BOARD SHALL ESTABLISH THROUGH RULE, AFTER CONSULTATION WITH DOMESTIC VIOLENCE SERVICE PROVIDERS, STATEWIDE STANDARDS AND PROCEDURES THAT REQUIRE COUNTIES TO ACCOMPLISH THE FOLLOWING OBJECTIVES:

(a)  SCREEN AND IDENTIFY PARTICIPANTS, PURSUANT TO THE FEDERAL LAW, FOR CURRENT OR PAST HISTORIES OF DOMESTIC VIOLENCE WHILE MAINTAINING CONFIDENTIALITY;

(b)  REFER VICTIMS OF DOMESTIC VIOLENCE TO DOMESTIC VIOLENCE SERVICE PROVIDERS IN THE COMMUNITY FOR COUNSELING AND SUPPORTIVE SERVICES SUCH AS SHELTER, LEGAL ADVOCACY, AND SAFETY PLANNING;

(c)  WAIVE PURSUANT TO GOOD CAUSE AND FOR AS LONG AS NECESSARY, ANY PROGRAM REQUIREMENT IN CASES WHERE COMPLIANCE WITH SUCH REQUIREMENT WOULD MAKE IT MORE DIFFICULT FOR AN APPLICANT OR PARTICIPANT TO ESCAPE DOMESTIC VIOLENCE OR WOULD UNFAIRLY PENALIZE SUCH INDIVIDUALS WHO ARE OR HAVE BEEN VICTIMIZED BY SUCH VIOLENCE OR WHO ARE AT RISK OF FURTHER VIOLENCE. PROGRAM REQUIREMENTS THAT MAY BE WAIVED SHALL INCLUDE BUT NOT BE LIMITED TO TIME LIMITS FOR RECEIPT OF ASSISTANCE, CHILD SUPPORT COOPERATION REQUIREMENTS, PATERNITY ESTABLISHMENT, AND WORK REQUIREMENTS.

(3)  FOR PURPOSES OF THIS SECTION, A VICTIM OF DOMESTIC VIOLENCE IS SOMEONE WHO HAS BEEN "BATTERED OR SUBJECTED TO EXTREME CRUELTY" AS THAT TERM IS DEFINED IN SECTION 408 OF TITLE IV­A OF THE FEDERAL "SOCIAL SECURITY ACT".

26­2­712.  Child support. (1)  THE GENERAL ASSEMBLY FINDS THAT THE COLLECTION OF CHILD SUPPORT IS CRITICAL TO ASSISTING FAMILIES TO ESCAPE POVERTY.

(2)  APPLICANTS AND CFIP PARTICIPANTS ARE REQUIRED TO COOPERATE WITH CHILD SUPPORT ENFORCEMENT REQUIREMENTS IN GOOD FAITH AND TO THE BEST OF THEIR ABILITY, UNLESS GOOD CAUSE EXISTS FOR FAILING TO DO SO.

(3)  APPLICANTS AND PARTICIPANTS WHO FAIL TO COOPERATE WITH CHILD SUPPORT ENFORCEMENT REQUIREMENTS SHALL BE SANCTIONED AND MAY BE DENIED CASH ASSISTANCE IN AN AMOUNT NOT TO EXCEED TWENTY­FIVE PERCENT OF THE TOTAL AMOUNT OF CASH ASSISTANCE, IN ACCORDANCE WITH RULES ESTABLISHED BY THE STATE BOARD.

(4)  FOR PURPOSES OF THIS SECTION, "COOPERATION" MEANS BUT IS NOT LIMITED TO THE FOLLOWING:

(a)  APPEARING AT AN OFFICE OF THE STATE OR LOCAL AGENCY OR THE CHILD SUPPORT AGENCY AS NECESSARY TO PROVIDE WRITTEN OR VERBAL INFORMATION OR DOCUMENTATION KNOWN TO, POSSESSED BY, OR REASONABLY OBTAINABLE BY THE INDIVIDUAL;

(b)  APPEARING AS A WITNESS AT A JUDICIAL OR OTHER HEARING OR PROCEEDING RELATING TO THE CHILD SUPPORT;

(c)  PROVIDING INFORMATION THAT IS REASONABLY AVAILABLE OR ATTESTING TO THE LACK OF INFORMATION UNDER PENALTY OF PERJURY;

(d)  PARTICIPATING IN GENETIC TESTING WHEN SUCH TESTING IS ORDERED BY A JUDGE OR ADMINISTRATIVE AGENCY TO ESTABLISH PATERNITY;

(e)  TURNING OVER TO THE STATE ANY CHILD SUPPORT RECEIVED DIRECTLY FROM THE FATHER OR THE ABSENT PARENT.

(5) (a)  GOOD CAUSE FOR NONCOOPERATION WITH CHILD SUPPORT ENFORCEMENT REQUIREMENTS EXISTS WHEN COOPERATION WOULD BE AGAINST THE BEST INTERESTS OF THE CHILD FOR WHOM SUPPORT IS SOUGHT.

(b)  FOR PURPOSES OF THIS SECTION, "GOOD CAUSE" MEANS, BUT IS NOT LIMITED TO CIRCUMSTANCES THAT ARE REASONABLY ANTICIPATED TO RESULT IN THE FOLLOWING:

(I)  PHYSICAL OR EMOTIONAL HARM TO THE CHILD FOR WHOM SUPPORT IS SOUGHT;

(II)  PHYSICAL OR EMOTIONAL HARM TO THE PARENT OR CARETAKER RELATIVE WITH WHOM THE CHILD IS LIVING THAT MAY REDUCE SUCH PERSON'S CAPACITY TO ADEQUATELY CARE FOR THE CHILD.

(c)  "GOOD CAUSE" SHALL ALSO EXIST WHEN ANY OF THE FOLLOWING SITUATIONS EXIST:

(I)  THE CHILD WAS CONCEIVED AS A RESULT OF RAPE OR INCEST;

(II)  LEGAL PROCEEDINGS FOR THE ADOPTION OF THE CHILD ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION;

(III)  THE APPLICANT OR PARTICIPANT IS ACTIVELY INVOLVED WITH A PUBLIC OR PRIVATE AGENCY IN AN ATTEMPT TO RESOLVE THE ISSUE OF WHETHER TO KEEP OR RELINQUISH THE CHILD FOR ADOPTION;

(IV)  THE APPLICANT OR PARTICIPANT FEARS THAT PARENTAL KIDNAPPING MAY OCCUR.

(d)  A GOOD CAUSE CLAIM MUST BE PROVEN OR CORROBORATED WITH EVIDENCE THAT INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING:

(I)  BIRTH CERTIFICATES OR MEDICAL OR LAW ENFORCEMENT RECORDS THAT INDICATE THE CHILD WAS CONCEIVED AS THE RESULT OF RAPE OR INCEST;

(II)  COURT DOCUMENTS OR OTHER RECORDS WHICH INDICATE THAT LEGAL PROCEEDINGS FOR ADOPTION OF THE CHILD ARE PENDING IN A COURT OF COMPETENT JURISDICTION;

(III)  COURT, MEDICAL, CRIMINAL, CHILD PROTECTIVE SERVICES, SOCIAL SERVICES, PSYCHOLOGICAL, OR LAW ENFORCEMENT RECORDS THAT INDICATE THE ALLEGED FATHER OR ABSENT PARENT MAY INFLICT PHYSICAL OR EMOTIONAL HARM ON THE CHILD, PARENT, OR CARETAKER RELATIVE;

(IV)  SWORN STATEMENTS FROM INDIVIDUALS OTHER THAN THE APPLICANT OR PARTICIPANT WHO HAVE KNOWLEDGE OF CIRCUMSTANCES THAT WOULD FORM THE BASIS FOR GOOD CAUSE.

(e)  SWORN STATEMENTS FROM APPLICANTS OR PARTICIPANTS WITHOUT CORROBORATIVE EVIDENCE ARE SUFFICIENT FOR A GOOD CAUSE FINDING IF THE CLAIM OF GOOD CAUSE IS BASED ON PHYSICAL HARM OR ANTICIPATED PHYSICAL HARM, INCLUDING RAPE OR INCEST OR OTHER FORMS OF DOMESTIC VIOLENCE AS DEFINED IN THE FEDERAL LAW, UNLESS THERE IS SUBSTANTIAL EVIDENCE THE INDIVIDUAL IS UNRELIABLE, UNTRUSTWORTHY, OR LACKS CREDIBILITY.

(f)  GOOD CAUSE DETERMINATIONS MAY BE REASSESSED EVERY YEAR, OR EARLIER IF GOOD CAUSE NO LONGER EXISTS.

(6)  DETAILED WRITTEN AND VERBAL NOTICE EXPLAINING THE COOPERATION REQUIREMENTS AND THE GOOD CAUSE EXEMPTIONS SHALL BE GIVEN TO PERSONS AT THE TIME OF APPLICATION AND WHENEVER APPROPRIATE THEREAFTER.

(7)  NOTICE REGARDING A SANCTION FOR FAILURE TO COOPERATE OR THE DENIAL OF A GOOD CAUSE EXEMPTION AND THE OPPORTUNITY FOR HEARING SHALL BE PROVIDED. IF A GOOD CAUSE EXEMPTION IS DENIED AFTER HEARING, THE PARTICIPANT SHALL BE GIVEN AN OPPORTUNITY TO COOPERATE BEFORE A SANCTION IS IMPOSED.

26­2­713.  Hardship exemptions. HARDSHIP EXEMPTIONS FROM THE TIME LIMIT SHALL BE DETERMINED BASED ON STATEWIDE CRITERIA ESTABLISHED BY THE STATE BOARD.

26­2­714.  Appeals. (1)  ALL PARTICIPANTS AND APPLICANTS SHALL BE TREATED FAIRLY, HAVE THEIR ELIGIBILITY BASED UPON OBJECTIVE STANDARDS THAT ARE FAIR AND EQUITABLE, AND HAVE THE RIGHT TO APPEAL ADVERSE DECISIONS. IN ADDITION TO ANY OTHER ACTIONS THAT MAY BE SUBJECT TO APPEAL UNDER THE PROVISIONS OF THIS ARTICLE, AN APPLICANT OR PARTICIPANT MAY APPEAL ALL ADVERSE ACTIONS IN CONNECTION WITH RECEIPT OF BENEFITS UNDER CFIP, INCLUDING THE TERMS OF AN IRP.

(2)  A PARTICIPANT SHALL RECEIVE CASH ASSISTANCE AND OTHER SERVICES DURING THE PENDENCY OF AN APPEAL REGARDLESS OF THE BASIS OF THE APPEAL.

(3) Mediation. (a)  IN ORDER TO RESOLVE DISPUTES BETWEEN PARTICIPANTS, THE STATE DEPARTMENT, COUNTY DEPARTMENTS, EMPLOYERS, JOB TRAINING AGENCIES, OR OTHER INTERESTED PERSONS OR ORGANIZATIONS, DISPUTE RESOLUTION PROGRAMS SHALL BE ESTABLISHED OR MADE AVAILABLE.

(b)  THE COUNTY DEPARTMENT SHALL ESTABLISH A SINGLE NONADVERSARY FORMAT FOR THE RESOLUTION OF DISPUTES BY NEUTRAL MEDIATORS IN AN INFORMAL SETTING FOR THE PURPOSE OF ALLOWING EACH PARTICIPANT OR OTHER INTERESTED PARTY, ON A VOLUNTARY BASIS, TO DEFINE AND ARTICULATE HIS OR HER PARTICULAR PROBLEM FOR THE POSSIBLE RESOLUTION OF SUCH DISPUTE.

(c)  A CFIP PARTICIPANT SHALL NOT BE CHARGED A FEE FOR MEDIATION SERVICES. UPON AGREEMENT OF ALL PARTIES, AND TO THE GREATEST EXTENT POSSIBLE, TRAINED VOLUNTEER MEDIATORS WILL BE UTILIZED BY THE STATE DEPARTMENT, OR MEDIATORS WILL BE ASSIGNED THROUGH THE STATE DEPARTMENT OF ADMINISTRATION.

(d)  ADMINISTRATIVE LAW JUDGES ACTING AS MEDIATORS MAY NOT PRESIDE IN AN ADMINISTRATIVE HEARING INVOLVING THE SAME PARTIES AND DISPUTE.

(e)  THE PARTICIPANT MAY REQUEST MEDIATION WITHIN THIRTY DAYS AFTER THE NOTICE OF AN ADVERSE ACTION BY THE COUNTY DEPARTMENT IS MAILED. IF THE PARTICIPANT SUBMITS A REQUEST FOR MEDIATION WITHIN TEN DAYS AFTER THE DATE THE NOTICE IS MAILED, THE COUNTY DEPARTMENT SHALL NOT TAKE THE ADVERSE ACTION UNTIL A DECISION IS REACHED THROUGH MEDIATION. THE PARTICIPANT OR OTHER INTERESTED PARTY MAY ALSO REQUEST MEDIATION PRIOR TO THE ISSUANCE OF AN ADVERSE ACTION IF THERE IS GOOD CAUSE TO BELIEVE SUCH MEDIATION COULD PREVENT AN ADVERSE ACTION. IN THE EVENT THE MEDIATOR AND THE PARTIES AGREE AND INFORM AN ADMINISTRATIVE LAW JUDGE THAT THE PARTIES ARE ENGAGING IN GOOD FAITH MEDIATION, ANY PENDING HEARING IN THE ACTION FILED BY THE PARTIES SHALL BE CONTINUED TO A DATE CERTAIN. IN THE EVENT MEDIATION FAILS TO FULLY RESOLVE ALL THE DISPUTES AT ISSUE, THE PARTICIPANT MAY STILL REQUEST A HEARING REGARDING THE REMAINING ISSUES.

26­2­715.  Sanctions. (1)  THE GENERAL ASSEMBLY HEREBY RECOGNIZES THAT A PARTICIPANT'S PROGRESS TOWARD SELF­SUFFICIENCY SHOULD BE ENCOURAGED THROUGH THE USE OF INCENTIVES RATHER THAN THROUGH THE APPLICATION OF SANCTIONS THAT THREATEN THE FAMILY'S WELL­BEING.

(2)  NO SANCTION SHALL BE IMPOSED UNTIL THE FAMILY HAS BEEN AFFORDED THE OPPORTUNITY TO CURE THE ACTION OR INACTION THAT LED TO THE SANCTION. THE SANCTION MUST END WHEN THE PARTICIPANT COMPLIES WITH PROGRAM REQUIREMENTS.

(3)  THE STATE BOARD SHALL PROMULGATE RULES FOR SANCTIONS TO BE APPLIED IN ALL COUNTIES.

(4)  NO FINANCIAL SANCTION SHALL EXCEED TWENTY­FIVE PERCENT OF THE GRANT AMOUNT.

26­2­716.  Funding. (1) State maintenance of effort. IN STATE FISCAL YEAR 1997­98, AND IN EACH STATE FISCAL YEAR THEREAFTER, THERE SHALL BE SPENT AT LEAST ONE HUNDRED PERCENT OF THE STATE AND COUNTY FUNDS THAT WERE SPENT IN STATE FISCAL YEAR 1993­94 ON THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM, THE JOB OPPORTUNITY AND BASIC SKILLS PROGRAM, EMERGENCY ASSISTANCE, AND TITLE IV­A CHILD CARE ASSISTANCE.

(2)  County maintenance of effort. THE BOARD OF COUNTY COMMISSIONERS FOR EACH COUNTY SHALL ENSURE THAT THE COUNTY EXPENDS AS LEAST ONE HUNDRED PERCENT OF ITS GROSS EXPENDITURES FOR FEDERAL FISCAL YEAR 1993­94 ON THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM, THE JOB OPPORTUNITY AND BASIC SKILLS PROGRAMS, EMERGENCY ASSISTANCE, AND TITLE IV­A CHILD CARE ASSISTANCE. A COUNTY MAY EXPEND FEDERAL FUNDS OR STATE MAINTENANCE OF EFFORT FUNDS ON EDUCATIONAL PROGRAMS THAT ARE NOT INCLUDED IN THE FEDERAL ACTIVITIES.

(3)  Expenditures. EXPENDITURES THAT DO NOT QUALIFY FOR MAINTENANCE OF EFFORT UNDER FEDERAL LAW INCLUDE:

(a)  EXPENDITURES MADE WITH FEDERAL FUNDS;

(b)  MEDICAID EXPENDITURES;

(c)  EXPENDITURES THAT A STATE USES TO MATCH FEDERAL FUNDS IN OTHER PROGRAMS.

(4) CFIP ­ funding streams. (a)  THE GENERAL ASSEMBLY HEREBY FINDS THAT IN ORDER TO MEET THE FEDERAL WORK PARTICIPATION REQUIREMENT, TO AVOID SHIFTING COSTS TO OTHER PROGRAMS SUCH AS CHILD WELFARE, AND TO PROVIDE A SAFETY NET, STRATEGIC POLICY CHOICES NEED TO BE MADE CONCERNING FUNDING STREAMS. FAMILIES WHO RECEIVE STATE MAINTENANCE OF EFFORT FUNDING HAVE THE ADVANTAGE OF NOT HAVING THE TIME LIMIT APPLY TO THAT ASSISTANCE.

(b)  ASSISTANCE TO THE FOLLOWING PARTICIPANTS SHALL BE FUNDED WITH STATE MAINTENANCE OF EFFORT DOLLARS:

(I)  WORKING FAMILIES RECEIVING CASH ASSISTANCE;

(II)  CARETAKER RELATIVES WHO RECEIVE CASH ASSISTANCE;

(III)  FAMILIES IN NEED OF A SAFETY NET IN THAT THEY ARE DETERMINED TO REQUIRE AN EXEMPTION FROM THE TIME LIMIT ABOVE THE TWENTY PERCENT HARDSHIP EXEMPTION;

(IV)  FAMILIES WHO WERE RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN IMMEDIATELY PRIOR TO JULY 1, 1997, AND NOT ASSESSED BY OCTOBER 1, 1997;

(V)  HOMELESS FAMILIES.

(c)  ASSISTANCE TO THE FOLLOWING PARTICIPANTS SHALL BE FUNDED WITH FEDERAL FUNDS:

(I)  FAMILIES ELIGIBLE FOR CFIP ASSISTANCE THAT ARE NOT DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (4);

(II)  FAMILIES THAT ARE NOT WORKING BUT ARE COMPLYING WITH THE FEDERAL REQUIREMENTS;

(III)  FAMILIES RECEIVING TRAINING OR EDUCATION WHILE ALSO RECEIVING CASH ASSISTANCE;

(IV)  CHILD­ONLY CASES.

(d)  THE STATE BOARD SHALL PROMULGATE RULES TO ASSIST THE COUNTIES TO TRACK PARTICIPANTS IN EACH OF THE FUNDING STREAMS DESCRIBED IN PARAGRAPHS (b) AND (c) OF THIS SUBSECTION (4).

(5) Roll forward. THE STATE DEPARTMENT AND BOARDS OF COUNTY COMMISSIONERS SHALL BE AUTHORIZED TO ROLL FORWARD UNEXPENDED FEDERAL FUNDS.

(6) Time limits. (a)  PARTICIPANTS SHALL RECEIVE WRITTEN NOTICE AS TO THE STATUS OF THEIR LENGTH OF RECEIPT OF ASSISTANCE.

(b)  THE STATE BOARD SHALL PROMULGATE RULES REGARDING WHAT MAY BE COUNTED TOWARD THE TIME LIMITS.

26­2­717.  Administration. (1)  FOR STATE FISCAL YEAR 1997­98, FUNDS APPROPRIATED TO THE STATE DEPARTMENT FOR THE IMPLEMENTATION OF CFIP SHALL BE EXPENDED FOR THE FOLLOWING PURPOSES:

(a)  CASH ASSISTANCE TO NEEDY FAMILIES THAT SHALL BE ADMINISTERED ON A STATEWIDE BASIS PURSUANT TO RULES IN EFFECT AS OF JULY 16, 1996;

(b)  COUNTY DISCRETIONARY FUNDS ALLOCATED BY THE STATE DEPARTMENT TO THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY PURSUANT TO SUBSECTION (3) OF THIS SECTION;

(c)  OPERATIONS OF THE STATE DEPARTMENT, INCLUDING:

(I)  STATEWIDE TRAINING;

(II)  STATE DEPARTMENT FUNCTIONS NECESSARY FOR THE OPERATION OF THE CFIP PROGRAM; AND

(III)  AUTOMATED SUPPORT SYSTEMS;

(2)  FOR STATE FISCAL YEAR 1998­99 AND EACH FISCAL YEAR THEREAFTER, THE STATE DEPARTMENT SHALL, AS PART OF ITS ANNUAL BUDGET PROCESS, MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR APPROPRIATIONS FOR THE PURPOSES IDENTIFIED IN SUBSECTION (1) OF THIS SECTION.

(3)  THE STATE DEPARTMENT SHALL ALLOCATE THE COUNTY DISCRETIONARY FUNDS TO THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY BASED UPON FAIR AND OBJECTIVE CRITERIA.

(4) (a)  THE STATE DEPARTMENT SHALL DETERMINE THE ANNUAL ALLOCATION FOR EACH COUNTY'S DISCRETIONARY FUND BASED UPON FAIR AND OBJECTIVE CRITERIA.

(b)  THE ALLOCATION FORMULA SHALL BE COMPREHENSIVELY EVALUATED BY THE STATE DEPARTMENT AND THE WELFARE REFORM COUNCIL EVERY TWO YEARS TO REFLECT CHANGES IN NEED AND THE LOCAL ECONOMY AMONG COUNTIES.

(c)  PROHIBITED COUNTY EXPENDITURES INCLUDE THE FOLLOWING:

(I)  PROGRAMS OTHER THAN THOSE RELATED TO PUBLIC ASSISTANCE AND SELF­SUFFICIENCY;

(II)  TO FILL IN FUNDING GAPS IN OTHER FEDERAL OR STATE PROGRAMS.

(5)  THE STATE DEPARTMENT SHALL ESTABLISH A PROCESS TO IMPLEMENT REGIONALIZATION. COUNTIES SEEKING TO ADMINISTER PROGRAMS JOINTLY SHALL SUBMIT RESOLUTIONS FROM THEIR BOARDS OF COUNTY COMMISSIONERS TO THE STATE DEPARTMENT THAT REFLECT THEIR INTENTION.

(6)  THE STATE DEPARTMENT SHALL DEVELOP A REPORTING FORM TO BE USED BY THE COUNTIES TO FULFILL FEDERAL REPORTING REQUIREMENTS.

26­2­718.  Reserve fund. (1)  THE GENERAL ASSEMBLY FINDS THAT ESTABLISHING A RESERVE OF FUNDS IN THE EVENT OF AN ECONOMIC DOWNTURN WILL ASSIST THE STATE IN MEETING ITS OBLIGATIONS UNDER THE CFIP PROGRAM.

(2)  FUNDS FOR THE RESERVE WILL BE DEPOSITED IN EVERY YEAR THAT REVENUES EXCEED APPLICABLE SPENDING LIMITS.

(3)  THE RESERVE SIZE WILL BE CALCULATED TO MEET NEED IN THE EVENT OF A RECESSION. THE RESERVE SIZE SHALL BE BASED UPON THE DIFFERENCE BETWEEN THE BASE YEAR FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM CASELOAD DURING STATE FISCAL YEAR 1992­93, ADJUSTED FOR INFLATION AND POPULATION GROWTH AND THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM CASELOAD AS OF JANUARY 1, 1997.

(4)  THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FROM THE RESERVE WHEN ECONOMIC FACTORS INDICATE AN INCREASE IN NEED. ONE FACTOR WHICH SHALL BE CONSIDERED IS THE INCREASE IN THE NUMBER OF CHILDREN WHO RECEIVE FREE OR REDUCED­PRICE SCHOOL LUNCHES.

26­2­719.  Contracting. COUNTIES SHALL DEVELOP PLANS, COOPERATIVE AGREEMENTS, AND CONTRACTS WITH APPROPRIATE PUBLIC, PRIVATE, AND NONPROFIT ENTITIES TOWARD THE GOAL OF MOVING PEOPLE FROM WELFARE TO SELF­SUFFICIENCY. THESE PLANS, COOPERATIVE AGREEMENTS, AND CONTRACTS SHALL INCLUDE BUT NOT BE LIMITED TO COORDINATION WITH COLORADO'S WORKFORCE COORDINATING COUNCIL ONE­STOP CAREER CENTER SYSTEM, EXISTING COMMUNITY­BASED TRAINING AND PLACEMENT PROGRAMS, TRAINING INSTITUTIONS AND COLLEGES. COOPERATIVE AGREEMENTS AND CONTRACTS INCLUDE BUT ARE NOT LIMITED TO EMPLOYMENT PREPARATION, EDUCATION, AND TRAINING AND PLACEMENT. A COUNTY DEPARTMENT SHALL TAKE INTO ACCOUNT WHETHER THE SERVICE CONTRACTED FOR OUTSIDE THE DEPARTMENT IS ALREADY BEING PROVIDED IN THE COUNTY DEPARTMENT.

26­2­720.  Accountability. (1)  THE GENERAL ASSEMBLY FINDS AND DETERMINES THAT, IN LARGE PART OWING TO THE FLEXIBILITY CFIP PROVIDES IN BLOCK GRANTS TO THE COUNTIES, ASSURANCES IN THE STATE PLAN MANDATED BY THE FEDERAL LAW, THE SPIRIT OF PUBLIC REVIEW MANDATED BY THIS PART 7, AND SUCCESSFUL IMPLEMENTATION OF CFIP REQUIRE:

(a)  THAT COUNTY CFIP PLANS BE DEVELOPED BY EACH COUNTY WITH BROAD PUBLIC PARTICIPATION, AND PARTICULARLY THE PARTICIPATION OF PRIVATE PROVIDERS AND PARTICIPANTS;

(b)  THAT COUNTY PLANS INCLUDE ASSURANCES THAT CFIP PROGRAMS ADMINISTERED BY THE COUNTIES WILL MEET APPROPRIATE PERFORMANCE CRITERIA AND COMPLY WITH APPROPRIATE PROCEDURAL REQUIREMENTS, WITH INCENTIVES FOR SUPERIOR PERFORMANCE AND SANCTIONS FOR NONCOMPLIANCE;

(c)  ONGOING REVIEW OF CFIP PROGRAMS AT BOTH THE STATE AND COUNTY LEVEL THAT INVITES BROAD PUBLIC PARTICIPATION.

(2) Outcome measures. (a)  THE STATE SHALL HAVE THE AUTHORITY TO PARTICIPATE IN EVALUATIONS AND STUDIES CONDUCTED BY THE SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES AS PROVIDED FOR IN THE FEDERAL LAW.

(b)  OUTCOME MEASURES USED IN SUCH EVALUATIONS AND STUDIES SHALL SPECIFICALLY INCLUDE, BUT NOT BE LIMITED TO, THE SUCCESS OF PROGRAMS IN REDUCING CHILD POVERTY. THE METHODOLOGY FOR DETERMINING THE CHILD POVERTY RATE IN THE STATE AND IN EACH COUNTY SHALL CONFORM TO THE REGULATIONS PRESCRIBED BY THE SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES. THE MEASURE OF REDUCTION IN CHILD POVERTY SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, THE CHANGE IN THE FOLLOWING FACTORS FOR WHICH APPROPRIATE BASELINE MEASUREMENTS SHALL BE TAKEN AT THE INCEPTION OF STATE AND COUNTY CFIP PROGRAMS: THE NUMBER OF CHILDREN WHO RECEIVE FREE OR REDUCED­PRICE SCHOOL LUNCHES AND THE NUMBER OF FOOD STAMP AND MEDICAID RECIPIENTS WHO ARE MINORS.

(c)  SUCH OUTCOME MEASURES SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, THE SUCCESS OF PROGRAMS IN PROMOTING THE LONG­TERM SELF­SUFFICIENCY OF PARTICIPANTS.

(3) State accountability. (a)  THERE IS HEREBY CREATED A LEGISLATIVE ADVISORY COUNCIL THAT SHALL BE KNOWN AS THE "WELFARE REFORM COUNCIL" AND SHALL CONSIST OF THE FOLLOWING TWENTY­ONE MEMBERS APPOINTED NO LATER THAN JULY 1, 1997, PURSUANT TO THE PROVISIONS OF THIS SECTION:

(I)  THREE MEMBERS FROM THE SENATE TO BE APPOINTED BY THE PRESIDENT OF THE SENATE, OF WHICH NOT MORE THAN TWO SHALL BE FROM THE SAME POLITICAL PARTY, AND OF WHICH AT LEAST ONE MEMBER SHALL ALSO BE A MEMBER OF THE JOINT BUDGET COMMITTEE AND AT LEAST ONE MEMBER SHALL ALSO BE A MEMBER OF THE SENATE HEALTH, EDUCATION, WELFARE, AND INSTITUTIONS COMMITTEE;

(II)  THREE MEMBERS FROM THE HOUSE OF REPRESENTATIVES TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, OF WHICH NOT MORE THAN TWO SHALL BE FROM THE SAME POLITICAL PARTY, AND OF WHICH AT LEAST ONE MEMBER SHALL ALSO BE A MEMBER OF THE JOINT BUDGET COMMITTEE AND AT LEAST ONE MEMBER SHALL ALSO BE A MEMBER OF THE HOUSE HEALTH, EDUCATION, WELFARE, AND INSTITUTIONS COMMITTEE;

(III)  ONE MEMBER REPRESENTING THE STATE DEPARTMENT TO BE APPOINTED BY THE GOVERNOR;

(IV)  ONE MEMBER REPRESENTING THE STATE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING TO BE APPOINTED BY THE GOVERNOR;

(V)  ONE MEMBER REPRESENTING THE STATE DEPARTMENT OF LABOR TO BE APPOINTED BY THE GOVERNOR;

(VI)  TEN ADDITIONAL MEMBERS REPRESENTING THE GEOGRAPHICAL DIVERSITY OF THE STATE TO BE APPOINTED JOINTLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE OF WHOM THREE SHALL BE COUNTY GOVERNMENT REPRESENTATIVES APPOINTED IN CONSULTATION WITH COLORADO COUNTIES, INC., TWO SHALL BE RECIPIENTS OF ASSISTANCE OR SERVICES UNDER THIS ARTICLE, TWO SHALL BE NONPROFIT SERVICE PROVIDERS, TWO SHALL REPRESENT THE BUSINESS COMMUNITY, AND ONE SHALL REPRESENT ORGANIZED LABOR;

(VII)  TWO ADDITIONAL MEMBERS TO BE APPOINTED BY THE GOVERNOR.

(b)  MEMBERS OF THE WELFARE REFORM COUNCIL SHALL SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY. MEMBERS SHALL SERVE WITHOUT COMPENSATION.

(c)  THE WELFARE REFORM COUNCIL SHALL HAVE THE FOLLOWING DUTIES:

(I)  TO EVALUATE THE OVERALL EFFECTIVENESS OF CFIP, TO IDENTIFY AREAS IN NEED OF REVISION, AND TO MAKE APPROPRIATE RECOMMENDATIONS ANNUALLY TO THE GENERAL ASSEMBLY.

(II)  TO CONDUCT AN ANNUAL REVIEW OF ALL STATE­ AND COUNTY­ADMINISTERED CFIP PROGRAMS. THIS REVIEW SHALL SOLICIT, THROUGHOUT THE STATE, BROAD­BASED INPUT FROM LOCAL GOVERNMENTS, PRIVATE PROVIDERS, CFIP PARTICIPANTS, THE BUSINESS COMMUNITY, ORGANIZED LABOR, AND THE GENERAL PUBLIC. THE INITIAL REVIEW SHALL BE COMPLETED AND A REPORT SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 1, 1999.

(III)  TO REVIEW STATE DEPARTMENT SUMMARIES OF ANNUAL COUNTY EVALUATIONS OF COUNTY CFIP PROGRAMS;

(IV)  TO MAKE RECOMMENDATIONS FOR INCENTIVE GRANTS TO COUNTIES THAT DEMONSTRATE SUPERIOR PERFORMANCE IN THE REDUCTION OF CHILD POVERTY AND IN PROGRESS TOWARD THE LONG­TERM SELF­SUFFICIENCY OF PARTICIPANTS;

(V)  TO CONDUCT, WITH THE COOPERATION OF THE STATE DEPARTMENT, IN­DEPTH EVALUATIONS OF SPECIFIC CFIP PROGRAMS AND SERVICES THAT PUBLIC COMMENT OR FORMAL REVIEW HAS INDICATED TO BE PARTICULARLY INNOVATIVE, SUCCESSFUL, OR PROBLEMATIC;

(VI)  TO CREATE SUBCOMMITTEES OR SUBGROUPS AS NECESSARY, WHICH GROUPS MAY INCLUDE INDIVIDUALS NOT SERVING ON THE WELFARE REFORM COUNCIL, IN ORDER TO AID IN THE EXECUTION OF THE COUNCIL'S DUTIES.

(d)  THE STATE DEPARTMENT SHALL PROVIDE STAFF SUPPORT AND TECHNICAL ASSISTANCE TO THE WELFARE REFORM COUNCIL.

(4) County accountability. (a)  EACH COUNTY SHALL PROVIDE THE STATE DEPARTMENT A CERTIFICATION BY THE BOARD OF COUNTY COMMISSIONERS, OR OTHER APPROPRIATE AUTHORITY, SPECIFYING WHICH COUNTY AGENCY OR AGENCIES WILL ADMINISTER AND SUPERVISE THE COUNTY'S CFIP PROGRAMS THROUGH THE CALENDAR FISCAL YEAR 2002.

(b)  IN ORDER TO QUALIFY FOR ANY STATE FUNDING DESIGNATED FOR COUNTY­ADMINISTERED CFIP PROGRAMS, EACH COUNTY SHALL SUBMIT AN APPROPRIATE COUNTY CFIP PLAN, NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE PASSAGE OF THIS PART 7, TO THE STATE DEPARTMENT. ANY PLAN SHALL BE RETURNED FOR AMENDMENT AND RESUBMISSION IF IT DOES NOT:

(I)  ADEQUATELY DETAIL HOW A COUNTY INTENDS TO GUARANTEE COMPLIANCE WITH THOSE STATE PROGRAM PLAN REQUIREMENTS SPECIFIED IN SECTION 402 OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT AND PROVISIONS REQUIRED BY CFIP;

(II)  PROVIDE EVIDENCE THAT THE COUNTY'S CFIP PLAN HAS BEEN DEVELOPED WITH BROAD PUBLIC PARTICIPATION, INCLUDING THE PARTICIPATION, AMONG OTHERS, OF CURRENT WELFARE RECIPIENTS, NONPROFIT SERVICE PROVIDERS, AND MEMBERS OF THE BUSINESS COMMUNITY. THE COUNTY SHALL FURNISH, AS PART OF THE PLAN, A LIST OF THE MEMBERS, WITH APPROPRIATE AFFILIATION, OF ANY TASK FORCE OR COMMITTEE CONVENED BY COUNTY OFFICIALS IN THE PROCESS OF DEVELOPMENT OF THE COUNTY'S CFIP PLAN. ANY SUCH TASK FORCE OR COMMITTEE SHALL INCLUDE, AMONG OTHERS, CURRENT WELFARE RECIPIENTS, NONPROFIT SERVICE PROVIDERS, AND MEMBERS OF THE BUSINESS COMMUNITY.

(III)  CERTIFY THAT RESIDENTS OF THE COUNTY WERE GIVEN AT LEAST THIRTY DAYS TO COMMENT ON THE PLAN ONCE DEVELOPED AND THAT PUBLIC COMMENTS WERE REVIEWED BY THE BOARD OF COUNTY COMMISSIONERS OR OTHER APPROPRIATE AUTHORITY BEFORE ITS FINAL ADOPTION.

(c)  COUNTY CFIP PLANS SHALL FURTHER GUARANTEE THAT THE COUNTY WILL CONDUCT AN ANNUAL REVIEW PROCESS DURING THE FIRST TWO YEARS OF IMPLEMENTATION OF COUNTY­ADMINISTERED CFIP PROGRAMS AND SERVICES AND A BIENNIAL REVIEW PROCESS THEREAFTER. SUCH REVIEW PROCESS SHALL INCLUDE BROAD PUBLIC PARTICIPATION, INCLUDING THE PARTICIPATION OF CFIP PARTICIPANTS, NONPROFIT SERVICE PROVIDERS, AND MEMBERS OF THE BUSINESS COMMUNITY. THE REVIEW PROCESS SHALL ALSO INCLUDE THE COUNTY'S OWN ASSESSMENT OF THE SUCCESS OF ITS CFIP PROGRAMS, INCLUDING MEASURES OF THE REDUCTION IN CHILD POVERTY AND PROGRESS TOWARDS THE LONG­TERM SELF­SUFFICIENCY OF PARTICIPANTS. THE FINDINGS OF THE REVIEWS SHALL BE SUBMITTED TO THE STATE DEPARTMENT.

(d)  ANY COUNTY FOUND OUT OF COMPLIANCE WITH THE COUNTY PLAN OR ANY PROVISION OF CFIP MAY BE ASSESSED A FINANCIAL SANCTION. THE FINANCIAL SANCTION MUST BE REPLACED BY COUNTY FUNDS. THE STATE BOARD SHALL PROMULGATE RULES FOR COUNTY SANCTIONS THAT INCLUDE FINANCIAL SANCTIONS AND MAY INCLUDE OTHER SANCTIONS.

26­2­721.  Housing partnerships. (1)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT ALL COLORADO FAMILIES MUST HAVE SAFE AND DECENT HOUSING IN ORDER TO BE STABLE MEMBERS OF OUR COMMUNITIES. HOUSING IS AN INTEGRAL PART OF SELF­SUFFICIENCY AND JOB READINESS. LACK OF HOUSING CAN BE A BARRIER FOR ALL FAMILIES AND INDIVIDUALS RECEIVING PUBLIC ASSISTANCE UNDER THIS ARTICLE AND SIMILAR FEDERAL PROGRAMS.

(2)  THE STATE AND BOARDS OF COUNTY COMMISSIONERS SHALL FORM PARTNERSHIPS WITH LOCAL PUBLIC HOUSING AUTHORITIES TO IMPLEMENT RENT REFORMS THAT COORDINATE WITH THE CFIP PROGRAM. RENT REFORMS SUCH AS COORDINATION WITH EMPLOYMENT DISREGARDS AND INDIVIDUAL DEVELOPMENT ACCOUNTS SHALL BE CONSIDERED.

26­2­801.  Short title. THIS PART 8 SHALL BE KNOWN AS THE "COLORADO IMMIGRANT ASSISTANCE ACT".

26­2­802.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY DECLARES THAT THE FEDERAL LAW TERMINATES BENEFITS FOR LEGAL IMMIGRANTS IN CERTAIN PROGRAMS IN ORDER TO CREATE FEDERAL SAVINGS. THE GENERAL ASSEMBLY BELIEVES IN THE VALUE OF PROVIDING BENEFITS TO ALL MEMBERS OF OUR COMMUNITY WHO ARE NEEDY AND THUS ALLOWS QUALIFIED ALIENS TO RECEIVE BENEFITS UNDER PROGRAMS ALLOWED UNDER FEDERAL LAW, PARTIALLY REPLACES LOST FEDERAL BENEFITS, AND ESTABLISHES RESOURCES FOR ASSISTANCE IN OBTAINING CITIZENSHIP.

26­2­803.  Eligibility for immigrants. (1)  QUALIFIED ALIENS MEETING ALL ELIGIBILITY REQUIREMENTS OTHER THAN CITIZEN STATUS ARE ELIGIBLE FOR THE SAME BENEFITS AS CITIZENS UNDER MEDICAID, TITLE XX SOCIAL SERVICES BLOCK GRANT PROGRAMS, AND ALL OTHER STATE­ AND LOCALLY­FUNDED PROGRAMS.

(2)  QUALIFIED ALIENS MEETING ALL ELIGIBILITY REQUIREMENTS FOR SUPPLEMENTAL SECURITY INCOME (SSI) OTHER THAN CITIZEN STATUS SHALL BE REDETERMINED FOR CATEGORIZATION UNDER MEDICAID.

(3)  QUALIFIED ALIENS MEETING ALL ELIGIBILITY REQUIREMENTS FOR SSI OTHER THAN CITIZEN STATUS, WHO HAVE FILED AN APPLICATION FOR NATURALIZATION WITH THE FEDERAL IMMIGRATION AND NATURALIZATION SERVICE (INS), SHALL BE ELIGIBLE FOR MONTHLY ASSISTANCE OF THREE HUNDRED DOLLARS OR THE AMOUNT THE PERSON WOULD HAVE RECEIVED FROM SSI, WHICHEVER IS LESS, DURING THE PROCESSING PERIOD OF THE INS APPLICATION. QUALIFIED ALIENS SHALL BE ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION FOR NO MORE THAN TWO PROCESSING PERIODS.

(4)  QUALIFIED ALIENS MEETING ALL ELIGIBILITY REQUIREMENTS OTHER THAN CITIZEN STATUS FOR MONTHLY ASSISTANCE FOR FOOD STAMPS SHALL BE ELIGIBLE FOR THREE HUNDRED DOLLARS OR THE AMOUNT THE PERSON WOULD HAVE RECEIVED FROM FOOD STAMPS, WHICHEVER IS LESS, DURING THE PERIOD OF PROCESSING OF THE INS APPLICATION. QUALIFIED ALIENS SHALL BE ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION FOR NO MORE THAN TWO PROCESSING PERIODS.

26­2­804.  Assistance with citizenship. (1)  BECAUSE THERE IS CURRENTLY A SHORTAGE OF ACCURATE INFORMATION ABOUT WHO IS ELIGIBLE FOR CITIZENSHIP, AND A SEVERE SHORTAGE OF RESOURCES TO ASSIST PEOPLE TO SUCCESSFULLY TO COMPLETE THE PROCESS, THE GENERAL ASSEMBLY HEREBY CREATES A CITIZENSHIP PROGRAM CALLED "COLORADO CITIZEN OUTREACH AND ASSISTANCE".

(2)  THE STATE SHALL APPROPRIATE THREE HUNDRED THOUSAND DOLLARS PER YEAR FOR EACH OF FISCAL YEARS 1997­98, 1998­99, AND 1999­2000 TO THE DEPARTMENT OF HUMAN SERVICES FOR PURPOSES OF A GRANT PROCESS.

(3)  THE AMOUNTS APPROPRIATED IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION SHALL BE USED FOR GRANTS IN AMOUNTS TO BE DETERMINED BY THE STATE BOARD TO UP TO FIVE NONPROFIT ORGANIZATIONS OR COALITIONS OF ORGANIZATIONS. THE STATE SHALL BE DIVIDED INTO FIVE REGIONS INCLUDING METROPOLITAN, NORTHERN, SOUTHERN, SAN LUIS VALLEY, AND THE WESTERN SLOPE FOR PURPOSES OF THE GRANTS PROCESS, WITH ONE ENTITY PER REGION RECEIVING A GRANT.

(4)  IF NO ORGANIZATION WITHIN A REGION APPLIES, APPLICANTS FROM ANOTHER REGION WHO AGREE TO PROVIDE SERVICES IN THE FORMER AREA SHALL BE ELIGIBLE TO RECEIVE A GRANT.

(5)  ALL GRANT APPLICANTS MUST DEMONSTRATE HOW THEY WILL RAISE ADDITIONAL RESOURCES INCLUDING OUTSIDE DOLLARS, VOLUNTEER HOURS, IN­KIND DONATIONS OF NOT LESS THAN FIVE THOUSAND DOLLARS IN ORDER TO BE ELIGIBLE TO RECEIVE A GRANT.

(6)  PROGRAMS FUNDED BY THE GRANTS AUTHORIZED UNDER THIS SECTION MAY HAVE THE FOLLOWING GOALS:

(a)   TO ENCOURAGE ELIGIBLE NONCITIZENS TO BECOME NATURALIZED CITIZENS OF THE UNITED STATES;

(b)  TO INFORM ELIGIBLE NONCITIZENS ABOUT THE RIGHTS AND RESPONSIBILITIES OF CITIZENS, THE PROCESS OF NATURALIZATION, AND THE AVAILABILITY OF CITIZENSHIP RESOURCES;

(c)  TO MAKE AVAILABLE INSTRUCTION IN ENGLISH AS A SECOND LANGUAGE, UNITED STATES HISTORY AND CIVICS, AND CITIZENSHIP PREPARATION;

(d)  TO MAKE AVAILABLE ASSISTANCE IN COMPLETING CITIZENSHIP APPLICATIONS;

(e)  TO ASSIST APPLICANTS WITH FEES ON A SLIDING­SCALE BASIS, AS NEEDED;

(f)  TO WORK WITH THE FEDERAL IMMIGRATION AND NATURALIZATION SERVICE TO ENSURE A FAIR AND ACCURATE PROCESS IS IN PLACE WITH REGARD TO NATURALIZATION;

(g)  TO EVALUATE THE EFFECTIVENESS OF OUTREACH, EDUCATION, AND ASSISTANCE ACTIVITIES.

26­2­901.  Short title. THIS PART 9 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO BUSINESS PARTNERSHIP IN COMMUNITIES ACT".

26­2­902.  Partnerships authorized ­ grants. (1)  THE GENERAL ASSEMBLY HEREBY FINDS THAT MOVING FAMILIES FROM WELFARE TO WORK WILL ONLY BE SUCCESSFUL WITH THE ACTIVE PARTICIPATION AND PARTNERSHIP OF BOTH THE PUBLIC AND PRIVATE SECTORS. IN ORDER TO PROMOTE THESE GENUINE PARTNERSHIPS, INCENTIVES MUST BE PROVIDED TO BOTH COUNTY DEPARTMENTS AND PRIVATE BUSINESSES. WITH THE REAL VALUE OF THE FEDERAL FUNDS SHRINKING OVER TIME, GENERATING ADDITIONAL SOURCES OF FUNDING WILL BECOME INCREASINGLY CRITICAL.

(2)  THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TWO HUNDRED THOUSAND DOLLARS TO BE AWARDED IN FOUR GRANTS TO COUNTY DEPARTMENTS DEMONSTRATING THE GREATEST LEVERAGING OF ADDITIONAL PRIVATE RESOURCES AS A PERCENTAGE OF THEIR OVERALL CFIP BUDGET OVER THE COURSE OF A ONE­YEAR PERIOD.

(3)  LEVERAGED RESOURCES MAY INCLUDE DIRECT FUNDING OR IN­KIND DONATIONS IN THE AREAS OF JOB TRAINING AND EDUCATION, CHILD CARE, HEALTH CARE, HOUSING, COUNSELING, OR TRANSPORTATION FOR CFIP PARTICIPANTS.

(4)  THE GRANTS WILL BE AWARDED ON A COMPETITIVE BASIS AND MAY BE USED AT THE COUNTY'S DISCRETION FOR ANY OF THE SERVICES SPECIFIED IN SECTION 26­2­708.

(5)  THE STATE DEPARTMENT SHALL ADMINISTER THE DATA COLLECTION AND GRANTS PROCESS.

SECTION 2.  26­4­201 (1) (a), (1) (b), and (1) (d), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended, and the said 26­4­201 (1) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:

26­4­201.  Mandatory provisions ­ eligible groups. (1)  In order to participate in the Medicaid program, the federal government requires the state to provide medical assistance to certain eligible groups. Pursuant to federal law, any person who is eligible for medical assistance under the mandated groups specified in this section shall receive both the mandatory services that are specified in sections 26­4­202 and 26­4­203 and the optional services that are specified in sections 26­4­302 and 26­4­303. Subject to the availability of federal financial aid funds, the following are the individuals or groups which are mandated under federal law to receive benefits under this article:

(a)  Individuals who are receiving aid to families with dependent children INDIVIDUALS WHO MEET THE ELIGIBILITY CRITERIA FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM PURSUANT TO RULES THAT WERE IN EFFECT ON JULY 16, 1996;

(b)  Families who have been terminated from aid to families with dependent children because of increased earnings or increased hours of employment whose eligibility is specified for a period of time by the federal government FAMILIES WHO MEET THE ELIGIBILITY CRITERIA FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM ESTABLISHED IN RULES THAT WERE IN EFFECT ON JULY 16, 1996, AND WHO SUBSEQUENTLY WOULD HAVE BECOME INELIGIBLE UNDER SUCH ELIGIBILITY CRITERIA BECAUSE OF INCREASED EARNINGS OR INCREASED HOURS OF EMPLOYMENT WHOSE ELIGIBILITY IS SPECIFIED FOR A PERIOD OF TIME BY THE FEDERAL GOVERNMENT;

(d)  Individuals who would be eligible for aid to families with dependent children except for an increase in old­age, survivors, and disability insurance income under PL. 92­336;

(q)  PERSONS WHO ARE ELIGIBLE FOR CASH ASSISTANCE UNDER THE CFIP PROGRAM, PURSUANT TO SECTION 26­2­706.

(r) (I)  ELIGIBILITY FOR MEDICAID SHALL BE DETERMINED AUTOMATICALLY FOR THOSE ELIGIBLE UNDER CFIP.

(II)  A FAMILY MAY SEEK A DETERMINATION OF ELIGIBILITY FOR MEDICAID ON AN INDEPENDENT BASIS FROM CFIP AND MAY RECEIVE ONLY MEDICAID OR MEDICAID IN COMBINATION WITH OTHER SERVICES.

SECTION 3.  26­4­508 (3) (a) (I), (3) (a) (II) (a), and (3) (c) (I), Colorado Revised Statutes, 1995 Repl. Vol., as amended, are amended to read:

26­4­508.  Baby and kid care program ­ creation ­ eligibility. (3) (a)  On and after April 1, 1990, children under the age of six years and pregnant women shall be eligible for benefits under the baby and kid care program; except that, for the purpose of eligibility under this subsection (3) only:

(I)  Such individual's family income shall exceed the eligibility threshold used in determining eligibility for aid to families with dependent children assistance PURSUANT TO RULES IN EFFECT ON JULY 16, 1996, pursuant to section 26­2­118, but shall not exceed the equivalent of the percentage level of the federal poverty line that is specified pursuant to paragraph (b) of this subsection (3);

(II) (a)  Except as otherwise provided in sub­subparagraph (B) of this subparagraph (II), children under six years of age shall meet the income and resource standard used to determine eligibility for aid to families with dependent children assistance PURSUANT TO RULES IN EFFECT ON JULY 16, 1996, except as provided in this subsection (3).

(c) (I)  On and after July 1, 1991, children born after September 30, 1983, who have attained age six but have not attained age nineteen shall be eligible for benefits under the baby and kid care program; except that, for the purpose of eligibility under this paragraph (c) only, such individual's family income shall exceed the eligibility threshold used in determining eligibility for aid to families with dependent children assistance PURSUANT TO RULES IN EFFECT ON JULY 16, 1996, pursuant to section 26­2­118, but shall not exceed the equivalent of the percentage level of the federal poverty line that is specified pursuant to subparagraph (II) of this paragraph (c).

SECTION 4.  Appropriation. (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the ____________ fund not otherwise appropriated, to the department of human services, for the fiscal year beginning July 1, 1997, the sum of ____________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the ____________ fund not otherwise appropriated, to the department of ____________, for the fiscal year beginning July 1, 1997, the sum of ____________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.

SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.