Tracking #2010-00426 
Final (permanent) adoption 8/6/10, eff. 10/1/10 
(former Emergency #2010-00405, eff. 7/1/10)

I:/10042901.rtf 
[I:10042901.doc] 

(9 CCR 2503-1) 

[Instructions:  Insert before line 1699530.] 
Revision of sections 3.140.171, 3.140.18, 3.360.62, 3.360.63, 3.360.68, 3.720.44 through 3.720.45, 3.730.3, 3.730.41 through 3.730.42, and 3.730.6 though 3.730.8; addition of sections 3.140.172, 3.140.173, and 3.721 through 3.721.62; and, deletion of sections 3.720.21 and 3.720.4 through 3.720.43 were final (permanent) adoption on at the 8/6/2010 State Board rule-making session, with an effective date of 10/1/2010 (Rule-making#s 10-4-29-1 and 10-6-2-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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[Instructions: replace and/or insert lines 2008439 through 2008472.] 
3.140.171  Five Year Period [Rev. eff. 10/1/10]
Qualified aliens arriving in the U.S. on or after August 22, 1996, are generally barred from federal programs for five years unless they meet one of the following exceptions:
A.  An honorably discharged U.S. veteran or active U.S. military personnel and/or spouse, unmarried children, widow and widower, including lawfully admitted permanent resident who is a Hmong or Highland Lao veteran of the Vietnam war; or,
B.  A refugee, asylee, deportation withheld, or an alien granted status as a Cuban or Haitian entrant, a certified Victim of a Severe Form of Trafficking (these humanitarian immigrants maintain their original status when adjusting to Legal Permanent Resident (LPR) status and remain exempt from the five year bar); or,
C.  An individual who: 1) was born in Canada and possesses at least fifty percent (50%) American Indian blood, or 2) is a member of an Indian tribe as defined in 25 U.S.C. Sec. 450 B(e); no later amendments or editions of this section are incorporated.  Copies may be available for inspection by contacting the Colorado Department of Human Services, Division of Colorado Works, 1575 Sherman Street, Denver, Colorado 80203, or any State Publications Library; or,
D.  An individual admitted to the U.S., as an Amerasian immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as amended by Public Law No. 100-461; no later amendments or editions of this section are incorporated.  Copies may be available for inspection by contacting the Colorado Department of Human Services, Division of Colorado Works, 1575 Sherman Street, Denver, Colorado 80203, or any State Publications Library; or,
E.  A lawfully admitted permanent resident who is a Hmong or Highland Lao veteran of the Vietnam war.
F.  An Afghan Special Immigrant Visa (SIV) holder and an Iraqi SIV. 
3.140.172  Five-Year Period for State Public Assistance Programs [Eff. 10/1/10]
A qualified alien is generally barred from receiving assistance for a period of five years for the state means-tested public assistance programs that include the Old Age Pension, Aid to the Needy Disabled, and Aid to the Blind programs. The five-year period begins on the qualified alien’s date of admission into the United States for legal permanent residence as verified through the Systematic Alien Verification for Entitlements (SAVE) system.
3.140.173  Exceptions From the Five-Year Bar for State Public Assistance Programs [Eff. 10/1/10] 
Exceptions from the five-year bar requirement under Section 3.140.172 applicable for the Old Age Pension, Aid to the Needy Disabled, and Aid to the Blind programs are: 
A.  The exceptions allowed for qualified aliens under federal public assistance programs as described under Section 3.140.171, or, 
B.  Qualified aliens who receive Supplemental Security Income (SSI) benefits, or, 
C.  Hardship exceptions that include: 
1.  Abuse or mistreatment by the sponsor: Suspension of five-year bar from benefits is permitted if there is credible evidence that the qualified alien has been physically abused, battered, or subjected to extreme cruelty by their sponsor in the United States, and meets the following requirements: 
a.  The qualified alien subject to such physical abuse, battery, or extreme cruelty does not live in the same household with the individual responsible for the physical abuse, battery, or extreme cruelty; and, 
b.  There is a substantial connection between the physical abuse, battery, or extreme cruelty and the need for benefits; and, 
c.  There is documented credible evidence of physical abuse, battery, or extreme cruelty, including, but not limited to: 
1)  A copy of the protection order issued against the abuser or batterer of the qualified alien claimant, or, 
2)  A copy of the verdict and the judgment or sentence against the abuser or batterer committing the act of violence against the qualified alien claimant, or, 
3)  Reports or affidavits from police, judges, or other court officials, or, 
4)  Written statements from medical/health professionals treating the individual, or, 
5)  Verification from the U.S. Citizenship and Immigration Services or the Executive Office for Immigration Review (EOIR) that a petition to qualify under this category has been approved. 
2.  Indigence: Suspension of the five-year bar from benefits is permitted if the qualified alien’s income and resources, and income and resources of the qualified alien’s sponsor(s) are so inadequate that the qualified alien is unable to obtain food and shelter. Income and resources of the sponsor(s) must be less than 125% of the Federal Poverty Guidelines for the household.  
If the qualified alien does not have a sponsor, then their own income and resources would be considered. 
3.  Abandonment by the Sponsor(s): Suspension of the five-year bar from benefits may be applicable when the qualified alien is abandoned by their sponsor(s) and the qualified alien’s income and resources are so inadequate that the qualified alien is unable to obtain food and shelter. 
4.  Eligibility under one of the hardship exceptions above will be reviewed and reassessed at redetermination or when changes in circumstance are reported. 
3.140.18  Aliens and Temporary Residents Not Eligible for Assistance [Rev. eff. 10/1/10]
The following individuals are not eligible for public assistance or social services programs:
A.  An alien with no status verification from the U.S. Citizenship and Immigration Service;
B.  An alien granted a specific voluntary departure date;
C.  An alien applying for a status; or,
D.  A citizen of foreign nations residing temporarily in the United States on the basis of visas issued to permit employment, education, or a visit.

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[Instructions:  replace lines 2008473 through 2008487.] 
3.360.6  CONSIDERATION OF ALIEN SPONSOR: DEEMING OF INCOME AND RESOURCES
3.360.61  Applications on or After August 22, 1996 [Rev. eff. 8/1/05]
This section shall apply to aliens or legal immigrants who apply for financial assistance on or after August 22, 1996.
3.360.62  Exclusions [Rev. eff. 10/1/10] 
Rules relating to deeming of the sponsor's income and resources do not apply to qualified aliens who were: 
A.  Admitted into the United States as a refugee; or,
B.  Granted political asylum by the U.S. Attorney General; or,
C.  Sponsored by a relative, except when the sponsor is the qualified alien’s spouse. A relative is defined as any relation by blood, adoption or marriage, who is within the fifth degree of kinship to the qualified alien. Kinship relations by marriage continue to exist even if the marriage is terminated by death or divorce. 
3.360.63  Sponsor Responsibilities [Rev. eff. 10/1/10]
Sponsors are expected to meet their financial commitments to the qualified alien whom they sponsor and for whom they sign an affidavit of support until such time as the: 
A.  Qualified alien has obtained U.S. citizenship; or, 
B.  Qualified alien has worked, or can be credited with forty (40) qualifying quarters of coverage under Title II of the Social Security Act, 42 U.S.C. 401, et seq.; no later amendments or editions of this section are incorporated.  Copies may be available for inspection by contacting the Colorado Department of Human Services, Division of Aging and Adult Services, 1575 Sherman Street, Denver, Colorado 80203, or any state publications library; or, 
C.  Qualified alien leaves the United States and gives up lawful permanent resident status; or, 
D.  Qualified alien dies; or, 
E.  Sponsor of the qualified alien dies; the death of one sponsor does not terminate the support obligation of a joint sponsor. 

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[Instructions:  replace lines 2008490 through 2008492.] 
3.360.65  Sponsor Deeming [Rev. eff. 10/1/10] 
The resources and income of an individual who is a sponsor other than a relative (unless the relative is the qualified alien’s spouse) shall be deemed available to the sponsored alien or legal immigrant until citizenship has been obtained or the sponsored alien or legal immigrant provides legal documentation stating the sponsorship affidavit has ended. 

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[Instructions:  replace lines 2008500 through 2008501.] 
3.360.68  Providing Sponsor Information and Documentation [Rev. eff. 10/1/10] 
The sponsored qualified alien shall be responsible for the provision of any information and documentation necessary to determine the identity of their sponsor(s) including the name and current address of the sponsor(s), the relationship of the sponsor(s) to the qualified alien, and income and resources of the sponsor(s) which may be deemed available to the qualified alien or considered for repayment from the sponsor of benefits paid to or on behalf of the qualified alien. The qualified alien shall obtain any cooperation or necessary information from the sponsor. If the qualified alien fails to provide such information, assistance shall be denied or discontinued.