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Second Regular Session
Sixty-first General Assembly
LLS NO. 980438.01 MN
HOUSE BILL 981137
STATE OF COLORADO
BY REPRESENTATIVES Kreutz and Lawrence;
also SENATOR Coffman.
A BILL FOR AN ACT
CONCERNING AUTHORIZATION OF COUNTY TRANSFERS OF TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES FUNDS TO PROGRAMS FUNDED BY TITLE
XX OF THE FEDERAL "SOCIAL SECURITY ACT".
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
For state fiscal year 199798 and each state fiscal year thereafter, allows a county to transfer up to 10% of the county block grant for the Colorado works program that is designated as federal funds and is specified as being available for transfer to programs funded by Title XX of the federal "Social Security Act". Allows a county to make such transfer only for allowable expenditures and, if utilized for child welfare services in the county, only after all funds in its capped allocation for child welfare have been exhausted on allowable expenditures.
Requires the state board of human services to promulgate
rules governing procedures for such transfers.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 262714, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
262714. County block grants formula use of moneys. (8) (a) FOR STATE FISCAL YEAR 199798, AND FOR EACH STATE FISCAL YEAR THEREAFTER, A COUNTY MAY MAKE TRANSFERS TO PROGRAMS FUNDED BY TITLE XX OF THE FEDERAL SOCIAL SECURITY ACT PURSUANT TO THIS SECTION. THE AMOUNT THAT A COUNTY MAY TRANSFER SHALL NOT EXCEED TEN PERCENT OF THAT PORTION OF THE COUNTY BLOCK GRANT FOR THAT STATE FISCAL YEAR, AS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THAT IS DESIGNATED AS FEDERAL FUNDS AND THAT IS SPECIFIED BY THE STATE DEPARTMENT AS BEING AVAILABLE FOR TRANSFER WITHIN THE LIMITATION IMPOSED BY THE FEDERAL LAW ON TRANSFERS OF FEDERAL FUNDS FROM THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT TO PROGRAMS FUNDED BY TITLE XX OF THE FEDERAL SOCIAL SECURITY ACT.
(b) A COUNTY MAY MAKE THE TRANSFER AUTHORIZED BY PARAGRAPH (a) OF THIS SUBSECTION (8) ONLY FOR EXPENDITURES THAT ARE ALLOWABLE UNDER PROGRAMS FUNDED BY TITLE XX OF THE FEDERAL SOCIAL SECURITY ACT, SUBJECT TO THE FOLLOWING PROVISIONS:
(I) IF THE FUNDS TRANSFERRED ARE USED FOR THE PROVISION OF CHILD WELFARE SERVICES AS DEFINED IN SECTION 265101 (3), THE COUNTY MAY ONLY MAKE THE TRANSFER:
(A) AFTER THE COUNTY HAS MADE ALLOWABLE EXPENDITURES OF ALL FUNDS IN THE COUNTY'S CAPPED OR TARGETED ALLOCATION OR ALLOCATIONS FOR CHILD WELFARE SERVICES, OTHER THAN FOR CORE SERVICES AS REFERRED TO IN SECTION 265101 (3) (f); AND
(B) FOR THE EXPENDITURES FOR CHILD WELFARE SERVICES OTHER THAN OUTOFHOME PLACEMENT SERVICES AS DESCRIBED IN SECTION 265101 (3) (i).
(II) A COUNTY SHALL NOT BE REQUIRED TO APPROPRIATE FUNDS TO PROVIDE A COUNTY MATCH PURSUANT TO THE PROVISIONS OF SECTION 261122 FOR ANY FUNDS TRANSFERRED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).
(III) A COUNTY SHALL NOT BE AUTHORIZED TO USE FUNDS TRANSFERRED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8) FOR THE PURPOSE OF SUPPLANTING FUNDS THAT:
(A) THE COUNTY WOULD OTHERWISE BE REQUIRED TO APPROPRIATE PURSUANT TO SECTION 261122 IN ORDER TO PROVIDE A COUNTY MATCH FOR PUBLIC ASSISTANCE PROGRAMS; OR
(B) THE COUNTY WOULD OTHERWISE APPROPRIATE IN ORDER TO CONTINUE THE PROVISION OF SERVICES UNDER A PROGRAM OF PUBLIC ASSISTANCE ADMINISTERED WITH COUNTY ONLY FUNDS IN THE PRIOR FISCAL YEAR.
(c) THE STATE BOARD SHALL PROMULGATE RULES GOVERNING PROCEDURES FOR TRANSFERS AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (8).
SECTION 2. 265101 (1) and (2), Colorado Revised Statutes, are amended, and the said 265101 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
265101. Definitions. As used in this article, unless the context otherwise requires:
(1) "Capped allocation" means a capped amount of funds distributed to counties or a group of counties for the purpose of providing ALL OR A PORTION OF THE child welfare services as defined in subsection (3) of this section.
(1.5) "CASELOAD" MEANS THE NUMBER OF CHILDREN WHO ARE ELIGIBLE FOR CHILD WELFARE SERVICES THAT ARE DEFINED IN SUBSECTION (3) OF THIS SECTION AND WHO ARE CURRENTLY RECEIVING SUCH CHILD WELFARE SERVICES ON A REGULAR BASIS FROM A COUNTY.
(2) "Child welfare allocations
committee" means a committee that
of four county commissioners appointed by a statewide association
of counties and four members appointed by the state department,
which committee shall develop its own organizational rules
IS ORGANIZED AND AUTHORIZED PURSUANT TO THE PROVISIONS OF SECTION
SECTION 3. 265102, Colorado Revised Statutes, is amended to read:
265102. Provision of child welfare
services. (1) The state department shall
to establish a program of child welfare services, administered
by the state department or supervised by the state department
and administered by the county departments, and, where applicable,
in accordance with the conditions accompanying available federal
funds for such purpose. Said
THE rules and regulations
shall establish a fee based upon the child support guidelines
set forth in section 1410115, C.R.S., requiring those
persons legally responsible for the child to pay for all or a
portion of the services provided under this article. THE STATE
DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES TO IMPLEMENT THE
PROVISIONS OF THIS ARTICLE RELATING TO THE ALLOCATION OF FUNDS
TO COUNTIES FOR THE DELIVERY OF CHILD WELFARE SERVICES. Upon
appropriate request and within available appropriations, child
welfare services shall be provided for any child residing or present
in the state of Colorado who is in need of such services.
(2) Foster care fees shall be considered child support obligations, and all remedies for the enforcement and collection of child support shall apply. Foster care fees established pursuant to section 1410115, C.R.S., may be collected pursuant to the administrative procedures to establish child support enforcement set forth in article 13.5 of this title. Due process is guaranteed in all actions regarding any such administrative process concerning foster care fees, and a court hearing of the matter before the district court may be obtained in the manner prescribed in section 2613.5105. Nothing contained in article 13.5 of this title shall be construed to deprive a court of competent jurisdiction from determining the duty of support of any obligor against whom an administrative order is issued pursuant to this article.
SECTION 4. Article 5 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
265103.5. Child welfare allocations committee organization advisory duties. (1) A CHILD WELFARE ALLOCATIONS COMMITTEE SHALL BE CONVENED BY THE STATE DEPARTMENT AS NECESSARY IN ORDER TO MAKE ADVISORY RECOMMENDATIONS AS DESCRIBED IN THIS ARTICLE.
(2) THE CHILD WELFARE ALLOCATIONS COMMITTEE SHALL CONSIST OF EIGHT MEMBERS, FOUR OF WHOM SHALL BE APPOINTED BY A STATEWIDE ASSOCIATION OF COUNTIES AND FOUR OF WHOM SHALL BE APPOINTED BY THE STATE DEPARTMENT. THE APPOINTING AUTHORITIES SHALL CONSULT WITH EACH OTHER TO ENSURE THAT THE CHILD WELFARE ALLOCATIONS COMMITTEE IS REPRESENTATIVE OF THE COUNTIES IN THE STATE. IF A STATEWIDE ASSOCIATION OF COUNTIES DOES NOT APPOINT A REPRESENTATIVE FROM THE COUNTY THAT HAS THE GREATEST PERCENTAGE OF THE STATE'S CHILD WELFARE CASELOAD, THE STATE DEPARTMENT SHALL APPOINT SUCH A REPRESENTATIVE FROM SUCH COUNTY.
(3) THE CHILD WELFARE ALLOCATIONS COMMITTEE SHALL DEVELOP ITS OWN OPERATING PROCEDURES.
(4) NO LATER THAN JANUARY 15, 1999, THE STATE DEPARTMENT, WITH INPUT FROM THE CHILD WELFARE ALLOCATIONS COMMITTEE, SHALL MAKE RECOMMENDATIONS TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY FOR A DEFINITION OF WHAT SHALL CONSTITUTE ADMINISTRATION AND SUPPORT FUNCTIONS AS REFERRED TO IN SECTION 265101 (3) (m) AND A METHOD FOR IDENTIFYING COSTS FOR SUCH FUNCTIONS.
SECTION 5. 265104 (1), (3), and (4), Colorado Revised Statutes, are amended, and the said 265104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
265104. Funding of child welfare services. (1) Reimbursement. The state department shall, within the limits of available appropriations, reimburse the county departments eighty percent of amounts expended by county departments for child welfare services, up to the amount of the county's allocation as determined pursuant to the provisions of this section, EXCEPT AS OTHERWISE AUTHORIZED IN ACCORDANCE WITH THE CLOSEOUT PROCESS DESCRIBED IN SUBSECTION (7) OF THIS SECTION.
(3) Allocation formula. (a) For
state fiscal year 199798, AND FOR EACH STATE FISCAL YEAR
THEREAFTER, the state department, after input from the child welfare
allocations committee, shall develop formulas for capped and targeted
that take into
account such factors as: THAT
SHALL INCLUDE, EFFECTIVE FOR STATE FISCAL YEAR 1998-1999, THE
ESTIMATED CASELOAD FOR THE DELIVERY OF THOSE SPECIFIC CHILD WELFARE
SERVICES TO BE FUNDED BY THE MONEYS IN SUCH CAPPED OR TARGETED
ALLOCATIONS. IF A COUNTY RECEIVES MORE THAN ONE CAPPED OR TARGETED
ALLOCATION FOR THE DELIVERY OF CHILD WELFARE SERVICES, THE FORMULA
SHALL IDENTIFY THE SPECIFIC CASELOAD ESTIMATE ATTRIBUTABLE TO
EACH CAPPED OR TARGETED ALLOCATION. THE DETERMINATION OF THE
FORMULAS PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (3) SHALL
ALSO TAKE INTO CONSIDERATION SUCH FACTORS AS:
spending on child welfare services in calendar year 1996;
(II) The county's allocations and expenditures
for child welfare services in THE THREE PREVIOUS state fiscal
and a comparison of the spending
in those prior years with the caseloads in the respective prior
state fiscal years; AND
county's current child welfare caseload; and
(IV) Other factors determined by the state department and the child welfare allocations committee that directly affect the population of children in need of child welfare services in a county.
(b) In the event that the state department
and the child welfare allocations committee do not reach an agreement
on the allocation formula on or before
15, 1997, JUNE 15 OF ANY
STATE FISCAL YEAR FOR THE SUCCEEDING STATE FISCAL YEAR, the state
department and the CHILD WELFARE ALLOCATIONS committee shall submit
alternatives to the joint budget committee of the general assembly
from which such joint budget committee shall select an allocation
formula before July 1,
1997 THE BEGINNING OF SUCH
SUCCEEDING STATE FISCAL YEAR.
(c) The formulas developed by the state department, after input from the child welfare allocations committee, shall identify the portion of the amounts appropriated for child welfare services that shall be allocated to the counties for the provision of child welfare services.
(d) A COUNTY'S ELECTION TO MAKE A TRANSFER OF FEDERAL FUNDS PURSUANT TO SECTION 262714 (8) FOR THE PROVISION OF CHILD WELFARE SERVICES SHALL NOT BE THE BASIS OF AN ADJUSTMENT TO THE FORMULA FOR DEVELOPING SUCH COUNTY'S CAPPED OR TARGETED ALLOCATION UNDER THE PROVISIONS OF THIS ARTICLE 5.
(4) Allocations. (a) For state fiscal year 199798, and FOR EACH STATE FISCAL YEAR thereafter, all counties shall receive capped allocations for child welfare services. A COUNTY MAY RECEIVE ONE OR MORE CAPPED ALLOCATIONS FOR THE PROVISION OF CHILD WELFARE SERVICES. The counties may use capped allocation moneys for child welfare services without category restriction WITHIN A SPECIFIC CAPPED ALLOCATION if not prohibited by federal law.
(b) (I) The state department shall make capped allocations for counties serving at least eighty percent of the total child welfare services population.
(II) For the balance of the state, the state department shall create one capped allocation OR A SERIES OF CAPPED ALLOCATIONS FOR THE PROVISION OF CHILD WELFARE SERVICES IN THE BALANCE OF THE STATE. The state department shall establish a targeted allocation for each county in such group of counties designated for the purpose of such capped allocation OR CAPPED ALLOCATIONS.
(c) The state department, in consultation with the child welfare allocations committee, shall adopt rules for when a county may exceed its capped or targeted allocation OR ALLOCATIONS.
(d) The state department may only seek additional funding from the general assembly in a supplemental appropriations bill based upon caseload growth, SUBJECT TO THE PROVISIONS OF SUBSECTION (7) OF THIS SECTION, or changes in federal law or federal funding.
(e) A county's allocation OR ALLOCATIONS may be amended due to caseload growth, SUBJECT TO THE PROVISIONS OF SUBSECTION (7) OF THIS SECTION, or changes in federal law or federal funding.
(7) Closeout process for county allocations. (a) FOR STATE FISCAL YEAR 1998-1999, AND FOR EACH STATE FISCAL YEAR THEREAFTER, AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SUBSECTION (7), THE STATE DEPARTMENT MAY, AT THE END OF A STATE FISCAL YEAR BASED UPON THE RECOMMENDATIONS OF THE CHILD WELFARE ALLOCATIONS COMMITTEE, ALLOCATE ANY UNEXPENDED CAPPED FUNDS FOR THE DELIVERY OF SPECIFIC CHILD WELFARE SERVICES TO ANY ONE OR MORE COUNTIES WHOSE SPENDING HAS EXCEEDED A CAPPED ALLOCATION FOR SUCH SPECIFIC CHILD WELFARE SERVICES.
(b) A COUNTY MAY ONLY RECEIVE FUNDS PURSUANT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (7) IF THE REQUIREMENTS OF SECTION 265103.5 (4) HAVE BEEN SATISFIED, FOR EXPENDITURES OTHER THAN THOSE ATTRIBUTABLE TO ADMINISTRATIVE AND SUPPORT FUNCTIONS AS REFERRED TO IN SECTION 265101 (3) (m), AS DEFINED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 265103.5 (4), AND FOR AUTHORIZED EXPENDITURES ATTRIBUTABLE TO CASELOAD INCREASES BEYOND THE CASELOAD ESTIMATE ESTABLISHED PURSUANT TO SUBSECTION (3) OF THIS SECTION FOR A SPECIFIC CAPPED ALLOCATION.
(c) A COUNTY MAY NOT RECEIVE FUNDS PURSUANT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (7) FOR AUTHORIZED EXPENDITURES ATTRIBUTABLE TO CASELOAD INCREASES FOR SERVICES IN ONE CAPPED ALLOCATION FROM UNEXPENDED CAPPED FUNDS IN ANOTHER CAPPED ALLOCATION.
(d) AS USED IN THIS SECTION, "UNEXPENDED CAPPED FUNDS" MEANS FUNDS THAT HAVE BEEN APPROPRIATED FOR CHILD WELFARE SERVICES, ALLOCATED TO A COUNTY OR GROUP OF COUNTIES AS A CAPPED ALLOCATION OR ALLOCATIONS PURSUANT TO THE PROVISIONS OF SUBSECTION (4) OF THIS SECTION, BUT NOT SPENT BY SUCH COUNTY OR GROUP OF COUNTIES OR SUBJECT TO THE PROVISIONS OF SECTION 265105.5 (3).
SECTION 6. 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.