Every agency shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order

Housing & Human Services Advisory Committee

Executive-level organizational chart

Senator Stephen FenbergSenate District 18E-mail: stephen.fenberg.senate@coleg.govWebpage: Stephen FenbergRepresentative Judy AmabileHouse District 49E-mail: judy.amabile.house@coleg.govWebpage: Judy Amabile

Division Director, Susan Grutzmacher This division administer benefits eligibility and renewals for basic needs programs including

7.605.1 CONFIDENTIAL INFORMATION PROTECTED[Eff. 1/1/15]A.County departments shall treat all information as confidential according to applicable statutes, including, but not limited to, the following

County departments shall make services available to all eligible children and their families,including disabled individuals,through hiring qualified staff or through purchase of necessary services

7.604ANTI-DISCRIMINATION [Eff. 1/1/15]

Identifying information - confidential. Except as otherwise provided in this section and section 19-1-303, reports of child abuse or neglect and the name and address of any child, family, or informant or any other identifying information contained in such reports shall be confidential and shall not be public information

The general assembly, however, recognizes that certain information obtained in the course of the implementation of this title is highly sensitive and has an impact on the privacy of children and members of their families. The disclosure of sensitive information carries the risk of stigmatizing children

Confidentialinformation that is protected from release and other documents or records which thehousehold will not otherwise have an opportunity to contest, or challenge shall not beintroduced at the hearing nor affect the hearing officer's decision

4.803.2 Determination of an IPV /Fraud [Rev. eff. 1/1/16]A. An intentional program violation shall be established only if an administrative disqualificationhearing official or a court of appropriate jurisdiction has found a household member hascommitted an intentional program violation or fraud or if a signed waiver of administrative hearingor a signed disqualification consent agreement has been obtained.

Eligibility for Continuation of Benefits1. If a household requests a state-level fair hearing or local-level dispute resolutionconference any time prior to the effective date of the Notice of Adverse Action and itscertification period has not expired, the household's participation in the program shall becontinued on the basis authorized immediately prior to the Notice of Adverse Actionunless the household specifically waives continuation of benefits

The right of a household to a DRC and state-level hearing is primarily to ensure that a proposed eligibilitydetermination or action is valid, to protect the person against an erroneous action concerning benefits,and to ensure reasonable promptness of local office action.

Households that are eligible to receive TFA will have the SNAP allotment continued for five (5)months. The household’s SNAP allotment will be continued in an amount based on what thehousehold received prior to when the household’s income made them ineligible for CW basiccash assistance.

Households requesting a SNAP appeal may be entitled to continued benefits

thehousehold's participation in the program shall be continued on the basisauthorized immediately prior to the Notice of Adverse Action

The local office shall send a verification request notice requesting the household toprovide the specific information or verification within ten (10) calendar days plus one (1)additional calendar day for mailing.

additional verificationis required in the following instances:A. Unclear Information1. If the local office receives information about changes in a household's circumstances butcannot determine if or how the change will affect the household's benefits and theunclear information is:a. Fewer than sixty (60) days old relative to the current month of participation; andb. Was required to have been reported per simplified reporting rules; orc. Appears to present significantly conflicting information about the household’scircumstances from that used by the local office at the time of certification,including changes to the household’s categorical eligibility tier, then:

on reported changes

If the reportedchange has not been verified, or is considered questionable, and it cannot be determined whetherbasic categorical eligibility, expanded categorical eligibility, or standard eligibility criteria should beused, a request for verification shall be initiated.

4.504.6Information Considered Verified Upon Receipt

Whentalking with collateral contacts, the local office must not state that an individual or household has applied for SNAP.

In cases in which the information from another source contradicts statements made by thehousehold, the household shall be afforded a reasonable opportunity to resolve the discrepancyprior to an eligibility determination

If written verification cannot be obtained, theeligibility technician shall substitute

4.504 Sources of VerificationThe local office shall accept any pertinent documentary evidence provided by the household and shall beprimarily concerned with how adequately the verification proves the statements on the application, duringrecertification

Ifinformation is considered questionable or if an alternate source of verification was requested, the reasonfor additional verification

Such statements must be sufficiently detailed to supportthe determination of eligibility or ineligibility

The local office shall provide each household at the time of application for initial certification, redetermination, and periodic report form with a notice that informs the household of verification requirements that the household must meet as part of the application, redetermination, or periodic report process.

shall not be required unless these eligibility factors are not already collected andverified by the other PA program, are considered questionable,

The household has the primary responsibility for providing documentary evidence for requiredverification and to resolve questionable information.

The case record shall consist of statements and documentation regarding the sources and resultsof verification used to determine a household’s eligibility. Such statements must be sufficientlydetailed to support the determination of eligibility or ineligibility

The local office must act on all changes reported by those households filing a PRF.

In cases where verification is incomplete, the local office shall provide the household with astatement of required verification on the state-prescribed notice form and offer to assist thehousehold in obtaining the required verification.

The eligibility technician shall not simply review the information entered on the application butshall explore and resolve with the household unclear and incomplete information

4.201 APPLICATION PROCESSINGA. Local offices shall not apply additional conditions or processing requirements that are beyondthose prescribed by State SNAP rules.

ConfidentialityInformation regarding families shall remain confidential and available only for the purposesauthorized by federal or State law as described in Section 3.609.73, Protections to the Individual.

In cases whereverification is incomplete, the county department shall provide the client with a statementof required verification

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

3.609.73 Protections to the Individua

The countydepartment/agency must provide specific reasons for the proposed action, and theapplicable state department's rules or county policy.

The person designated to conduct the conference shall be in a position which, based onknowledge, experience, and training, would enable him or her to determine if theproposed action is valid. This could include, but is not limited to, a supervisor, qualityassurance personnel, or a manager with no previous knowledge of the case

The county worker or contractor who initiated the action in dispute shall notconduct the county conference.

The county conference shall be held before a person in the county department or agency wherethe proposed decision is pending who was not directly involved in the initial determination of theaction in question

The county department, prior to taking action to deny, terminate, recover, initiate vendorpayments, or modify financial assistance provided under the Colorado Works program to a client,shall, at a minimum, provide the client an opportunity for a county conference.1. The right of a client to a county conference is primarily to ensure that the proposed actionis valid, to protect the client against an erroneous action concerning grant payment

The state department will not condone any actions of the county department that could bedetermined to be a violation of state or federal law. Any actions taken by a county departmentthat is determined to be in violation of state or federal law may be subject to corrective action per9 C.C.R. 2501-1 section 1.150

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

The county department shall ensure that no information concerning a client is released withoutauthorization

A. Confidentiality All information obtained by the county department concerning a client of Colorado Works is confidential information.

Eligibility Technician A

2. Information secured by the county department for the purpose of determining eligibility and need is confidential.

Ensuring privacy while interviewing and the continuous confidentiality of information are essential. This involves both office facilities and county worker discretion. Office procedures and facilities should be such that information is not inadvertently revealed

When a county worker consults a bank, current/former employer of a client, another social agency, etc., to obtain information or eligibility verification information, the identification of the county worker as an employee of the county department will, in itself, disclose that an application for assistance has been made by a client

Within three (3) working days after the effective dateof the decision, the local office shall implement necessary actions to provide benefits in thecorrect amount, terminate benefits, recover benefits incorrectly paid, and/or other appropriateactions in accordance with the rules.

The certification office shall promptly inform the household in writing if the benefits are reduced orterminated pending the final agency decision.

The OOA shall serve a copy of the exceptions on each party by first class mail and byelectronic mail if the party has consented to receiving communications by electronic mail.

Exceptions shall state specific groundsfor reversal, modification, or remand of the initial decision. Exceptions that fail to statespecific grounds for reversal, modification, or remand of the initial decision shall beconsidered as only arguments of general dissatisfaction.

Considering the federal timeliness requirements for SNAP cases, a party may not requestan extension of time to file exceptions unless a party is able to show sufficient goodcause as to why an extension of time should be granted. The determination of goodcause is within the sole discretion of the OOA.

filed such a notice of intent, the party will have fifteen (15) calendar days, plusthree (3) calendar days for mailing from the date the initial decision is mailed to theparties to file its written exceptions with the OOA.

intent to fileexceptions to the decision with the OOA within five (5) calendar days - plus three (3)calendar days for mailing - from the date the initial decision is mailed to the parties

The Office of Appeals shall promptly serve the initial decision upon each party by firstclass mail and shall transmit a copy of the decision to the divisions of the StateDepartment that administer the program(s) pertinent to the appeal

The OOA shall not consider evidence that was not part of the record before theadministrative adjudicator. However, the case may be remanded to the administrativeadjudicator for rehearing if a party establishes in its exceptions that material evidence hasbeen discovered that the party could not with reasonable diligence have produced at thehearing

local office shall initiate action to comply with the final agencydecision within three (3) working days after the effective date.

Motion for Reconsideration of a Final Agency Decision1. A motion for reconsideration of a final agency decision may be granted by the OOA forthe following reasons:a. Upon a showing of good cause for failure to file exceptions to the initial decisionwithin the fifteen (15) calendar day period; or,

Jackie

it is unlawful for any person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of

ProgramIntegrityProgramCoordinator

SNAP benefits authorized prior to the adverse action shall continue or be restored

Will my benefits continue during the appeal? If you request a hearing or a Dispute Resolution Conference any time prior to the date the action is to be taken and if your SNAP certification period has not yet ended, your benefits can continue in the amount you received prior to the action you are appealing.

You may file your exceptions by filling out this form, by emailing them to cdhs_appeals@state.co.us,

If I believe the initial decision is wrong, what do I do? How do I file exceptions? If you believe the judge based his or her decision on incorrect facts or law, you may file exceptions (objections) to the decision, stating why you disagree with the decision.

Ethical Standards for Human Services Professionals National Organization of Human Services adopted 2015

ar Governor Ritter:This letter is sent as a cover to the report being submitted according to the requirements of C.R.S. 26-5.5-104 (6) that are as follows:“On or after July 1, 1994, the Executive Director of the State Department shall annually evaluate thestatewide Family Preservation Program (Program)

C. Return children in placement to their own home

7.303.11 Program GoalsThe goals of the Core Services Program are to

3.604.2 Household CompositionA. A Colorado Works household consists of clients who are part of the assistance

(III) The parents of a dependent child, including expectant parents, or a specified caretaker

26-2-706. Target populations.(1) (a) Subject to the provisions of this section and restrictions in the federal law, those persons or families who may receive assistance under the Colorado works program include: (I) Dependent children under the age of eighteen; (II) (A) Dependent children between the ages of eighteen and nineteen who are full-time students in a secondary school,

The Colorado  Combined  State  Plan  is  effective  July 1, 2022. Colorado’s TANF program is known as Colorado Works and is designed to assist families in becoming stable and self-sufficient

The TANF State Plan is a mandatory statement submitted to the Secretary of the Department of Health and Human Services by the state. It consists of an outline specifying how the state's TANF program will be administered and operated and certain required certifications by the state's Chief Executive Officer. It is used to provide the public with information about the program. Authority to require states to submit a state TANF plan is contained in section 402 of the Social Security Act, as amended by Public Law 104-193,

SECTION 8. AID TO FAMILIES WITH DEPEND-ENT CHILDREN AND RELATED PROGRAMS(TITLE IV–A)

States define ‘‘need,’’ set their own benefit levels, establish (with-in Federal limitations) income and resource limits, and administerthe program or supervise its administration

PART 260—GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROVISIONS

BBCE

households in which all members receive cash benefits from either Supplemental Security Income,Temporary Assistance for Needy Families (TANF), or general assistance are categorically eligible for SNAP

Section 5(a) of the Food and Nutrition Act of 2008, as amended, provides that households in which each member receives benefits under a State program funded under part A of Title IV of the Social Security Act (SSA) (also known as Temporary Assistance for Needy Families (TANF) block grants [1] ) shall be categorically eligible for the Supplemental Nutrition Assistance Program (SNAP).

A child is considered to be a IV-E Prevention Candidate when:• The child is designated as being at “serious risk”of out-of-home placement (see FAQs for moreinformation);• There is a prevention/treatment plan in place forthe child/family; and,• The child and/or their family is receiving anevidence-based service (as identified throughColorado’s prevention plan)

(3) (a) Upon hearing after prior notice to the child’s parent, guardian, or legal custodian, the court may issue temporary orders providing for legal custody, protection, support, medical evaluation or medical treatment, surgical treatment, psychological evaluation or psychological treatment, or dental treatment as it deems in the best interest of any child concerning whom a petition has been filed prior to adjudication or disposition of his case.

(139) “Termination of the parent-child legal relationship”, as used in articles 3 and 5 of this title 19, means the permanent elimination by court order of all parental rights and duties, including residual parental rights and responsibilities, as provided in section 19-3-608

(113) “Qualified residential treatment program” means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal “Family First Prevention Services Act”, 42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child required in section 19-1-115 (4)(e)(I).

(120) “Responsible person”, as used in part 3 of article 3 of this title 19, means a child’s parent, legal guardian, or custodian or any other person responsible for the child’s health and welfare.

(119) “Residual parental rights and responsibilities” means those rights and responsibilities remaining with the parent after legal custody, guardianship of the person, or both, have been vested in another person, agency, or institution, including but not limited to the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child’s religious affiliation.

(3) “Adjudicatory hearing” means a hearing to determine whether the allegations of a petition in dependency and neglect are supported by the evidence.(4) “Adjudicatory trial” means a trial to determine whether the allegations of a petition in delinquency are supported by the evidence.

(66) “Foster care” means the placement of a child or youth into the legal custody or legal authority of a county department of human or social services for physical placement of the child or youth in a kinship care placement; supervised independent living placement, as defined in section 19-7-302; or certified or licensed facility, or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement.

68) “Foster care prevention services” means mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal “Family First Prevention Services Act” that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement.

105) (a) “Parent” means either a natural parent of a child, as may be established pursuant to article 4 of this title 19, or a parent by adoption.(b) “Parent”, as used in sections 19-1-114, 19-2.5-501, and 19-2.5-611, includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. For the purposes of section 19-1-114, “parent” does not include a person whose parental rights have been terminated pursuant to the provisions of this title 19 or the parent of an emancipated minor.

(110) “Protective supervision” means a legal status created by court order under which the child is permitted to remain in the child’s home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court.

can be a portal to other critical safetynet programs, including

According tothe Urban Institute, TANF programs around the country“usually automatically enroll beneficiaries in SNAP, childcare assistance (if working or in school), and Medicaid.While these programs have different eligibility rules manyare waived for TANF recipients, and the vast majority ofrecipients have income and assets low enough to qualifyunder general program rules.” 11

the Supplemental Nutrition Assistance Program(SNAP)/food stamps,

Why TANF is so importantTANF is oen the only source of financial suppor

TEMPORARYASSISTANCE FORNEEDY FAMILIES

mong our selected states, federal TANF funds were used to supportchild welfare services, such as child abuse hotlines, investigative andlegal services, child protection, and preventive services as well asemergency aid, such as clothing and shelter. Child welfare services aregenerally provided to children and their families to prevent the occurrenceof child abuse or neglect, to help stabilize the family and prevent the needto remove the child from the home if abuse has occurred, and to improvethe home and enable the child to reunite with his or her family if the childhas been removed from the home.

Child Welfare, Emergency Aid,and Other Services

to reunite children with their families

to use such federal funds for families with children

(2) Nothing in this article shall prevent the state department from complying with federal requirements for a program of emergency assistance in order for the state of Colorado

26-5.3-104. Emergency assistance for families with children at imminent risk of being placed out of the home.(1) The executive director of the state department is hereby authorized to include in the state temporary assistance for needy families plan the establishment and implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. The purpose of the program shall be to meet the needs of the family in crisis due to the imminent risk of out-of-home placement by providing emergency assistance in the form of intake, assessment, counseling, treatment, and other family preservation services that meet the needs of the family which are attributable to the emergency or crisis situation.

Rule 1. Scope of Rules; Definition; Title (a) Scope of Rules. (1) These rules govern procedure in the United States courts of appeals. (2) When these rules provide for filing a motion or other document in the district court, the procedure must comply with the practice of the district court. (b) Definition. In these rules, 'state' 1 includes the District of Columbia and any United States commonwealth or territory. (c) Title. These rules are to be known as the Federal Rules of Appellate Procedure.

(6) Reopening the Time to File an Appeal. The district court may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered, but only if all the following conditions are satisfied: (A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier; and (C) the court finds that no party would be prejudiced.

(ii) regardless of whether its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause.

(A) The district court may extend the time to file a notice of appeal if:

(C) No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later.

(5) Motion for Extension of Time.

Colorado Revised Statutes Annotated Title 26. Human Services Code (Arts. 1 — 24)Article 2. Public Assistance (Pts. 1 — 11)Part 3. Food Stamps (§§ 26-2-301 — 26-2-308)26-2-304. Appeals - recoveries - rules.(1) The provisions of section 26-2-127, relating to appeals, and section 26-2-128, relating to recoveries, apply to the food stamp program, except when such sections conflict with federal statute or regulation or when a specific conflict with federal statute or regulation is not clearly present and the state department elects by regulation to follow federal statute or regulation.

SECTION 3. Safety clause. The general assembly hereby finds, determines,and declares that this act is necessary for the immediate preservation of the publicpeace, health, and safety.Approved: June 10, 2010

(2) (a) No later than October 1, 2010, the state department shall create a program or policy that, in compliance with federal law, establishes broad-based categorical eligibility for federal food assistance benefits pursuant to the supplemental nutrition assistance program. (b) At a minimum, the program or policy shall, to the extent authorized pursuant to federal law, eliminate the asset test for eligibility for federal food assistance benefits.

Colorado Revised Statutes Annotated Title 26. Human Services Code (Arts. 1 — 24)Article 2. Public Assistance (Pts. 1 — 11)Part 3. Food Stamps (§§ 26-2-301 — 26-2-308)26-2-305.5. Categorical eligibility - repeal.

About exceptions Exceptions

Documents filed with the Office of Administrative Courts will not be considered by the Office of Appeals unless it is clear that the document constitutes Exceptions to the Initial Decision and all of the following are met: the document is received at the Office of Administrative Courts by the due date for filing Exceptions and the document is received at the Office of Appeals prior to issuance of a Final Agency Decision.

Exceptions can be filed by mailing to 3550 W. Oxford Ave., Denver, CO 80236, by email at cdhs_appeals@state.co.us,

The requirement of this section that notice of the hearing be made by first-class mail is not satisfied when such notice is sent by certified mail,  since the notice will not be delivered by certified mail if the addressee is not present at the time of the attempted delivery. Dodge v. Meyer, 793 P.2d 639 (Colo. App. 1990).

or the denial in whole

shall file with the agency, within twenty days following such decision

applicable department may allow, upon a showing of good cause by the party, for an extension of up to an additional fifteen days to reconsider the final agency action.

after service of the initial decision upon the parties

the administrative law judge or the hearing officer shall prepare and file an initial decision that the agency shall serve upon each party

prompt disposition of petitions

undue delay in connection with such proceeding or action, the court may direct the agency to decide the matter promptly.

gency proceeding or action, with a statement of the grounds therefor

request made

Prompt notice shall be given of the refusal to accept

Every agency shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties

A subpoena shall be served in the same manner as a subpoena issued by a district court.

due regard shall be had for the convenience and necessity of the parties

Any person entitled to notice of a hearing shall be given timely notice of the time, place, and nature thereof, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted.