Tracking #2011-00047
Final (permanent) adoption 3/4/11, eff. 5/1/11

(Note: former emergency #2011-00034; 
emergency adoption 1/7/11, eff. 1/7/11)

I:/10122801.rtf
[I:/10122801.doc] 

(9 CCR 2503-1)

[Instructions: insert before line 1699530.]
Revisions of sections 3.110.6, 3.110.7, 3.120.24, 3.140.16, 3.200.12 through 3.200.13, 3.210.4, 3.500.5 through 3.500.51, 3.500.53, 3.500.61, 3.600.12, 3.600.14, 3.601.1, 3.603.1, 3.603.3 through 3.603.5, 3.603.8, 3.604.1, 3.604.4, 3.605 through 3.606.3, 3.607.1 through 3.607.22, 3.609.1, 3.609.2 through 3.609.3, 3.612, 3.612.1 through 3.612.3, 3.613.2 through 3.613.4, 3.614.17, 3.614.23 through 3.614.24, 3.616, 3.617.1 through 3.617.2, 3.620.1 through 3.620.71, 3.622.2, 3.631.1, 3.810, 3.810.13, 3.810.32, 3.810.4, 3.810.7, 3.810.74, 3.811.11, 3.811.21, and 3.820.2, and deletion of sections 3.608 through 3.608.44, were final (permanent) adoption at the 3/4/2011 State Board rule-making session, with an effective date of 5/1/2011 (Rule-making# 10-12-28-1). 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 lines 2166194 through 2166195.]
3.110.6  REINSTATEMENT IN LIEU OF APPLICATION [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166202 through 2166203.]
3.110.7  REOPENING IN LIEU OF APPLICATION [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166227 through 2166237.]
3.120.24  Other Verification Resources [Rev. eff. 5/1/11]
In addition to the items verified through IEVS, the following shall be verified with collateral contacts made as necessary:
A.  Identity and residency;
B.  Alien status;
C.  Income not verified through IEVS - source and detail - including employment, self-employment, Veterans benefits, property income, or any other unearned income, etc.;
D.  Property - real and personal, including motor vehicles;
E.  Children who reside with a specified caretaker;
F.  School attendance;
G.  Family composition;
H.  Any other factors required in the programs that are deemed necessary as affecting eligibility.
The county department shall verify wage and unemployment compensation benefits for all applicants, recipients, and individuals whose income is considered in determining the amount of assistance, at application.

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[Instructions: replace lines 2166249 through 2166250.]
3.140.16  Determination of Eligibility for Financial Assistance [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166259 through 2166264.]
3.200.12  Consideration of Countable Income and Resources [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 
For the purpose of determining need for assistance, all countable resources and income must be taken into consideration.
3.200.13  Definition of Countable Resources and Income [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 
Countable resources and income mean those which are considered to be available to the applicant, recipient, or family budget unit after the application of appropriate exemptions, disregards, and deductions.

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[Instructions: replace line 2166265.]
3.210.4  EVALUATING PROPERTY TRANSACTIONS (NOT APPLICABLE TO COLORADO WORKS) [Rev. eff. 5/1/11] 

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[Instructions: replace lines 2167040 through 2167043.]
3.500.5  DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION (IPV) 
3.500.51  When an IPV Occurs [Rev. eff. 5/1/11] 
If the individual signs and returns the request for waiver of IPV hearing within the fifteen (15)-day deadline or an individual is found to have committed an intentional program violation through a hearing process, that person and/or the specified caretaker as defined for Colorado Works effective January 7, 2011, or a caretaker relative in accordance with Colorado Works rules prior to January 7, 2011, if a different person, shall be provided with a notice of the period of disqualification. The disqualification shall begin no later than the first day of the second month which follows the date of notice of disqualification unless the household in which a disqualified person is living is ineligible. 
When the individual has other program sanctions imposed, such as failure to cooperate with Colorado Works or Child Support Enforcement, the Colorado Works or AFDC IPV disqualification must be served concurrently with other program sanctions. 

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[Instructions: replace lines 2167045 through 2167046.]
3.500.53  Disqualification [Rev. eff. 5/1/11]
The disqualification penalties affect only the individual(s) concerned. The disqualified individual's needs shall not be considered for the period of the disqualification. Any income or resources prior to January 7, 2011 of the disqualified individual will be considered available to the assistance unit. Income of the disqualified individual will be considered available to the assistance unit effective January 7, 2011. Disqualified persons are not entitled to the earned income disregards. The disqualified individual may have the ability to access services, but shall not access assistance or non-recurrent short-term benefits through the Colorado Works Program. 

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[Instructions: replace lines 2167052 through 2167053.]
3.500.61  [Rev. eff. 5/1/11]
If the local level hearing officer or Administrative Law Judge (ALJ) finds the individual has committed an IPV as a result of a hearing, a written notice shall be provided to notify the individual and the specified caretaker or caretaker relative, if a different person, of the decision. The county department shall notify the individual and caretaker relative, if different, of the amount of the Colorado Works payment as a result of the disqualification. The local level hearing decision notice shall be a state prescribed form, which includes a statement that a state level hearing may be requested with the request form attached. 

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[Instructions: replace line 2166316.]
3.600.12  Participation Criteria [Rev. eff. 5/1/11]

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[Instructions: replace lines 2166330 through 2166337.]
B.  Be a member of an assistance unit who meets income requirements and who is: 
1.  A dependent child(ren) under the age of eighteen (18); or,
2.  A dependent child(ren) between the ages of eighteen (18) and nineteen (19) who is a full-time student in a secondary school, home school, or in the equivalent level of vocational or technical training and expected to complete the program or graduate before age nineteen (19). Such children are eligible through the month of completion; or,
3.  A specified caretaker age 18 or older or emancipated, such as a parent(s) or specified relative(s) of a dependent child, including pregnant parents upon providing verification from a medical provider of the pregnancy; or, 
4.  An unemancipated minor parent under age 18.
C.  Be a noncustodial parent who may receive services, but not a basic cash assistance grant.
D.  Not be admitted to an institution as a patient for tuberculosis or mental disease, unless the person is a child and receiving "under 21" psychiatric care under Medicaid benefits.
E.  Not be an inmate of any institution, except as a patient in a public medical institution.

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[Instructions: replace lines 2166340 through 2166346.]
3.600.14  Individuals Ineligible for Colorado Works Program [Rev. eff. 5/1/11]
The following individuals shall not be eligible under the Colorado Works Program: 
A.  Fugitive felons, parole violators, or probation violators;
B.  Specified caretakers who fail to report without good cause within five (5) working days a child(ren) who is expected to be out of the home for longer than forty-five (45) calendar days remain ineligible for assistance for ninety (90) calendar days from the date that it is determined he/she should have reported the expected absence; 
C.  Persons convicted of a drug-related felony on or after July 1, 1997, unless the county has determined that the person has taken action toward rehabilitation, such as, but not limited to, participation in a drug treatment program;
D.  Persons participating in a strike;
E.  Qualified legal aliens or those who are not federally exempt, who entered the United States on or after August 22, 1996, are ineligible for cash assistance for five (5) years from date of entry into the United States.

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[Instructions: replace lines 2166368 through 2166372.]
3.601.1  [Rev. eff. 5/1/11]
To receive Family Preservation Services as provided in the “Social Services” staff manual, Section 7.001.45 (12 CCR 2509-1), under “Title IV-A Emergency Assistance”, a family’s income must meet all of the following guidelines: 
A.  The family income must be under $75,000 yearly; and,
B.  The child must meet out-of-home placement criteria; and,
C.  The child lived with a specified relative within the last six months.

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[Instructions: replace lines 2166374 through 2166375.]
3.603.1  [Rev. eff. 5/1/11]
Application for Colorado Works shall be made by a specified caretaker with whom the dependent child is living. A specified caretaker is any relation by blood, marriage or adoption, who is within the fifth degree of kinship to the dependent child. A specified caretaker may also include an individual who exerts the responsibility for a child as defined in Section 3.605. 

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[Instructions: replace lines 2166377 through 2166385.]
3.603.3  [Rev. eff. 5/1/11]
If the specified caretaker is not able to participate in the completion of the application forms due to physical or mental incapacity, the spouse, other relative, friend, responsible party, or representative may complete the forms. When no such person is available to assist in these situations, the county department must assist the relative in the completion of the necessary forms.
3.603.4  [Rev. eff. 5/1/11]
At the time of application, the county shall provide the specified caretaker information regarding program benefits and requirements, including information concerning child care assistance, applicable to the family members. The county shall, when appropriate, provide the information verbally and in written form. 
3.603.5  [Rev. eff. 5/1/11]
Persons required to be in the same assistance unit (parents, siblings, and half siblings of the dependent child) shall apply for Colorado Works as one assistance unit. However, a half sibling who is receiving child support shall not be required to be in the assistance unit. The half sibling receiving child support or his/her parent or legal guardian shall decide whether to include such half sibling receiving child support in the assistance unit. 
In addition to consideration of the needs of the children and parents including specified caretakers other than grandparents or non-citizens who must be included in the assistance unit, the needs of the caretaker relative who is responsible for providing goods and services to the child(ren) may be included in the assistance unit. There shall only be one specified caretaker of any individual dependent child in the assistance unit unless the child(ren) is living with both parents or legal guardians. 
Persons not required to be in one assistance unit, but residing in the same household, shall have the option of applying for Colorado Works as separate units. Each assistance unit shall be budgeted using the appropriate need standard for the unit. 
A parent is a mandatory member of the assistance unit and must participate in the requirements of the Colorado Works, work program. A specified caretaker and/or legal guardian shall have the opportunity to choose to be a part of the assistance unit by choosing to be a part of the payment calculation and receive a cash assistance grant. By choosing to be included in the payment calculation and receive a cash assistance grant, the specified caretaker is a mandatory member of the assistance unit and must participate in the requirements of the Colorado Works, work program. If a specified caretaker and/or legal guardian choose to only receive assistance for a dependent child(ren), the specified caretaker and/or legal guardian is not required to participate in the requirements of the Colorado Works, work program. 

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[Instructions: replace lines 2166388 through 2166389.]
3.603.8  [Rev. eff. 5/1/11]
In order to receive Colorado Works, the signature of the applicant or the specified caretaker with whom the dependent child is living is required on the application form, except for Family Preservation Services and contracted services. 

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[Instructions: replace lines 2166394 through 2166407.]
3.604.1  PROGRAM VERIFICATION [Rev. eff. 5/1/11]
Verification of fact or statement means confirming the correctness by obtaining written evidence or other information that proves such fact or statement to be true. Verification is an eligibility requirement. Failure to provide requested verification may result in the case being denied, closed, terminated, or discontinued. This process shall begin the date the application is date stamped by the county and shall continue throughout the life of the case including program participation and applicable verifications for redetermination of eligibility. 
A.  The applicant/participant has the primary responsibility for providing documentary evidence for required verification and to resolve questionable information. The county worker shall assist the individual in obtaining the necessary documentation provided the individual is cooperating with county workers in gathering the required verification. The individual may supply documentary evidence in person, through mail, by facsimile or other electronic device, or through an authorized representative. The county worker shall accept all pertinent documentary evidence provided by the applicant/participant and shall be primarily concerned with how adequately the verification proves the statements on the application and/or program participation when applicable. If written verification cannot be obtained, county workers shall substitute an acceptable collateral contact as defined in items of this section. 
1.  At the time of initial eligibility determination, the county worker shall provide each applicant/participant with a notice that provides information of verification requirements that the applicant/participant must meet in order for the application to be considered complete. The notice will inform the individual that the county worker shall assist with obtaining verification, provided that he or she is cooperating with the county department in gathering the required verification. 
2.  The applicant/participant must provide all verification within thirty (30) calendar days from the date of application. At redetermination or while receiving cash payment, the participant shall have ten (10) calendar days to notify the county department of any change and provide all necessary verifications in order to continue to receive payment unless otherwise specified in the Individual Responsibility contract (IRC). 
B.  All income shall be verified through the Income and Eligibility Verification system (IEVS). Assistance shall not be denied, delayed or discontinued pending receipt of information requested through IEVS, if other evidence establishes the individual’s eligibility for assistance. 
C.  The applicant/recipient shall provide to the county department the following information: 
1.  Lawful presence in the United States; see Section 3.140.11.   Eff  12/01/2006
2.  A Social Security Number (SSN) for each individual applying for benefits or proof that an application for a SSN has been made.   Eff  12/01/2006
3.  Verification of earned income of any member of the assistance unit or other household member whose income is used to determine eligibility and payment, who earned money within thirty (30) calendar days of the date of application.   Eff  12/01/2006
4.  Verification of pregnancy. 
D.  Counties may require verification of any information which is questionable or inconsistent. The determination that information is questionable or inconsistent must be documented in the applicant’s case file. An applicant may request an extension of time beyond the forty five (45) day maximum to process an application for Colorado Works benefits in order to obtain necessary verification. The extension may be provided at county discretion. 
E.  Information that exists in another case record shall be used to verify those factors that are not subject to change, if the information is reasonably accessible.
F.  All immigrants shall have alien status verified through the Systematic Alien Verification for Entitlements (SAVE) system. Assistance shall not be delayed or discontinued pending this verification. 

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[Instructions: replace lines 2166421 through 2166422.]
3.604.4  INFORMATION CONCERNING IMMUNIZATION [Rev. eff. 5/1/11]
At the time of application, the county department shall provide information concerning immunizations to all applicants seeking benefits through the Colorado Works program. The information shall include parent education of vaccines, information concerning where to access vaccines in the local community, and the exemptions listed in Section 25-4-903, C.R.S. The Department of Public Health and Environment or the county or district public health agency shall provide the immunization information to the county department for this purpose. 

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[Instructions: replace lines 2166433 through 2166513.]
3.605  DEFINITIONS [Rev. eff. 5/1/11]
“Basic cash assistance payment” means recurrent cash payment. In addition to a cash payment, an eligible assistance unit also may receive cash assistance in the form of a cash-equivalent payment, voucher, or other form of cash benefit that is designed to meet the basic ongoing needs of the person(s) in the assistance unit. Basic ongoing needs shall consist of food, clothing, shelter, utilities, household goods, personal care items, general incidental expenses, and other items deemed necessary per the assessment by the county department. In addition to cash assistance, persons in an assistance unit that is eligible for ongoing assistance may receive supportive services and/or special needs payments. 
“Cash assistance” means payments, vouchers, and other forms of benefits designed to meet a family’s ongoing basic needs such as food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. Cash assistance may include supportive services to families based on the assessment completed, such as transportation and all short term assistance (state diversion payments and county diversion payments) of less than four (4) consecutive months are not considered cash assistance. 
A “dependent child(ren)” is a person who resides with a parent or a specified caretaker and who is: 
A.  Under eighteen (18) years of age; or,
B.  Between the ages of eighteen (18) and nineteen (19) who are full-time students in a secondary school or in the equivalent level of vocational or technical training and expected to complete the program before age nineteen (19). Such children are eligible through the month of completion. 
C.  Participation in a General Equivalency Diploma (GED) program is not defined as a student in a secondary school, or in a vocational or training program. 
A “disqualified or excluded person” is a person who would be a member of the assistance unit but is ineligible due to program prohibitions. 
A “diversion grant” is a grant of assistance authorized pursuant to Colorado Revised Statutes, Section 26-2-707, and as defined at Sections 3.619.1 and 3.621.1.
“Employment” means an individual is considered an employee by the employer, or who is self-employed. 
“Guardian” means a person appointed by court order to be the guardian of another person. A guardian has a choice to request assistance for himself or herself. 
“Medical services” are those services which are allowable or reimbursable under Title XIX of the Social Security Act. 
“Needs based” means the request supported by information provided by the applicant/participant related to a specific need of the applicant/participant. Any supportive service or other assistance payment shall not be a set amount and shall be solely determined and related to the need of the individual. 
A “noncustodial parent” means an individual who, at the time he/she requests and receives program services: 
A.  Is a parent of a minor child receiving assistance under the Colorado Works Program; and, 
B.  Is a resident of Colorado; and, 
C. Must meet the county’s income eligibility criteria; and, 
D.  Does not live in the same household as the minor child receiving assistance. 
“Non-recurrent short-term benefits”, also known as a diversion payment, means a needs-based, cash or cash-equivalent payment designed to meet the short-term needs of the participant. A short-term assistance payment is designed to address a specific crisis situation or episode of need and is not designed to meet the basic ongoing needs of the participant. A short-term assistance payment may not extend beyond four months. In addition to a short-term assistance payment, a participant who is eligible for short-term assistance may receive supportive services. 
A.  A standard short-term benefit payment, also know as a state diversion payment, is a needs-based, cash or cash-equivalent payment made to a participant who is eligible for ongoing assistance/cash payment; 
B.  An expanded short-term benefit payment, also known as a county diversion payment, is a needs-based, cash or cash-equivalent payment made to a participant who is eligible for assistance pursuant to the maximum eligibility criteria for non-recurrent, short-term benefits established in the state plan, in the county-defined expanded eligibility based on federal poverty and other standardized guidelines, and in county policies. 
“Other assistance/special needs payments” means assistance provided to a participant including, but not limited to, cash assistance in addition to the basic cash assistance grant. Such assistance shall be based upon a participant’s assessed needs. 
A “parent” means an adoptive or natural parent, including an expectant parent. All parents must participate in the program work requirements. 
A “participant” means an individual who receives any form of assistance or services or who participates in a specific component of the Colorado Works Program. 
A “person with disabilities” is defined as a person who has a physical, mental or learning impairment, including a learning disability, that substantially limits one or more major life activities, such as mobility, understanding and use of language, self care, self-direction or capacity for independent living, or has a history or record of such impairment or is regarded as having such an impairment.
“Program prohibitions ” means any of the following that prevents a required member of the assistance unit from participating in the Colorado Works program. 
A.  The individual has misrepresented his/her residence to receive TANF benefits in two or more states;
B.  The individual is a fleeing felon;
C.  The individual has been convicted of a drug-related felony;
D.  The individual is an alien who does not meet the definition of an eligible qualified alien;
E.  The individual has been convicted of welfare fraud under the laws of this state, any other state, or the Federal government;
F.  The individual lacks or failed to provide a Social Security Number (SSN) or proof of application for a SSN.
A “qualified alien” means an alien who, at the time the alien applies for, receives, or attempts to receive, a federal public benefit, is: 
A.  An alien who is lawfully admitted for permanent residence under the federal “Immigration and Nationality Act”; or,
B.  An alien who is granted asylum under Section 208 of the federal “Immigration and Nationality Act”; or,
C.  A refugee who is admitted to the United States under Section 207 of the federal “Immigration and Nationality Act”; or,
D.  An alien who is paroled into the United States under Section 212(D)(5) of the federal “Immigration and Nationality Act” for a period of at least one year;
E.  An alien whose deportation is being withheld under section 243(H) or section 241(B)(3) of the federal “Immigration and Nationality Act”; or,
F.  An alien who is granted conditional entry pursuant to Section 203(A)(7) of the federal “Immigration and Nationality Act” as in effect prior to April 1, 1980; or,
G.  An alien who is a Cuban and Haitian entrant, as defined in Section 501(E) of the Refugee Education Assistance Act of 1980; or,
H.  An alien who (or whose child or parent) has been battered or subjected to extreme cruelty in the United States and otherwise satisfies the federal requirements. 
“Responsibility or exercising responsibility” means the accountability for and obligation to make decisions. 
“Supportive services” means a payment and/or services based on an assessed need. An eligible participant/recipient may receive supportive services, including but not limited to: 
A.  Supportive services such as child care and transportation provided to families who are employed; 
B.  Other or additional supportive services the county department deems necessary; 
C.  Additional payments made to the assistance unit to benefit the child. 
A “specified caretaker” is a person who exercises the responsibility for the child(ren). The following hierarchy shall be followed: 
A.  A parent (who must participate in the work requirements of the program); 
B.  A relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child(ren) (not to be separated due to death or divorce); or is appointed by the court to be the legal guardian or legal custodian of the dependent child(ren), who has the opportunity to choose to be a member of the assistance unit and therefore, as a member, must participate in the work requirements of the program; 
C.  If those identified in A or B, above, are not available, a person who exercises responsibility for a dependent child(ren) within the person’s home and provides verification of such responsibility, who has the opportunity to choose if they are a member of the assistance requirements of the program. 
3.606  LIVING IN THE HOME OF A SPECIFIED CARETAKER 
3.606.1  [Rev. eff. 5/1/11]
A dependent child is considered to be living in the home of a parent, guardian or other specified caretaker as long as the parent, guardian or specified caretaker exercises responsibility for the care of the child and even though: 
A.  The child is temporarily absent from the home to receive medical treatment. 
B.  The child is under the jurisdiction of the court. 
C.  Legal custody is held by an agency that does not have physical possession of the child. 
D.  The child is in regular attendance at a school away from home.
E.  School-aged, dependent children must be in school, home school, pursuing a GED, or attending online courses to obtain a high school diploma or GED to be considered eligible to receive assistance. A dependent child is still considered to be a student in regular attendance during official school or training program vacation periods, absences due to illness, convalescence or family emergencies. 
F.  Either the child or the relative is temporarily absent from the home for less than forty-five (45) calendar days. 
G.  The child is in voluntary foster care placement for a period not expected to exceed three (3) months. Should the foster care plan change within the next three months and the placement become court-ordered, the child is no longer considered to be living in the home as of the time the foster care plan is changed. 
H.  Assistance units may remain eligible and payment for the child shall continue for Colorado Works when children are absent from the home for a period greater than forty-five (45) consecutive calendar days for the following reasons: 
1.  Child(ren) receiving medical care or education that  requires him/her to live away from the home; or,
2.  Child(ren) visiting a noncustodial parent, as specified in a parenting plan entered by the court or by both parties not to exceed six (6) months unless otherwise specified and must be signed by both parties; or, 
3.  Child(ren) residing in voluntary foster care placement. 
3.606.2  [Rev. eff. 5/1/11]
A parent is considered to be living in the home if the parent(s) is temporarily away from home to perform active duty in the uniformed service of the United States. 
3.607  DETERMINATION OF NEED 
3.607.1  COUNTABLE INCOME [Rev. eff. 5/1/11] 
3.607.11  [Rev. eff. 5/1/11]
For purpose of determining need, all countable income of members of the assistance unit must be considered.
3.607.12  [Rev. eff. 5/1/11]
Countable income is that income considered to be available to the individual or assistance unit after the application of appropriate exemptions, disregards and deductions. 
3.607.2  AVAILABILITY OF INCOME [Rev. eff. 5/1/11]
3.607.21  [Rev. eff. 5/1/11]
Income shall be countable when actually available and when the applicant or participant has a legal interest in a sum, and has the legal ability to make such sum available for support and maintenance.
3.607.22  [Rev. eff. 5/1/11]
An applicant/participant must make every reasonable effort to secure potential income.
A.  The time required to make income available shall not be used as a basis for delaying the processing of an application.
B.  When the participant is taking appropriate action to secure a potential income, assistance to the assistance unit shall continue without adjustment until income is available.
C.  If the applicant/participant refuses to make a reasonable effort to secure a potential income, such income must be considered as if available. Timely and adequate notice must be given to the assistance unit regarding a proposed action to deny, reduce or terminate assistance, based on the availability of the income.
D.  If, upon the receipt of the prior notice, the person acts to secure potential income, the proposed action to deny, reduce or terminate assistance shall be withdrawn and assistance must be approved and/or continued without adjustment until the income is, in fact, available. 

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[Instructions: replace line 2166514.] 
[3.608 Repealed eff. 5/1/11]

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[Instructions: replace lines 2166516 through 2166517.]
3.609.1  INCOME [Rev. eff. 5/1/11] 
For applicants of TANF/Colorado Works cash assistance and standard short term benefits, all countable income of the assistance unit received and expected to receive in the month of application shall be used to determine eligibility. If the gross countable income exceeds the need standard for the assistance unit, the assistance unit shall be ineligible, unless as specified at Section 3.614.31. 
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[Instructions: replace lines 2166528 through 2166531.]
3.609.2  CONSIDERATION OF THE INCOME OF A NON-PARTICIPANT STEPPARENT AND A NON-PARTICIPANT PARENT OF AN UNMARRIED MINOR PARENT [Rev. eff. 5/1/11]
Countable income of a stepparent is considered available to stepchildren included in the assistance unit as dependent children. The countable income of a non-participant parent(s) of an unmarried minor parent, who is living in the same home as the minor parent, shall also be deemed to the assistance unit. The countable income equals gross earned income minus the employment disregard of $90, the maintenance or child support paid to others outside the assistance unit, the amounts actually paid by the individual to other individuals not living in the home and who could be claimed by the individual for federal income tax purposes, plus any unearned income received by the stepparent or non-participant parent. The needs of the parent of the minor parent or step-parent and the needs of those individuals living in the home for whom they are responsible shall be deducted from the result to determine the amount attributed to the assistance unit. 
3.609.3  SPONSORED ALIENS [Rev. eff. 5/1/11]
Net income of an alien’s sponsor and the sponsor’s spouse shall be deemed to the assistance unit. Sponsor net income equals gross earned income minus 20% or $175, whichever is less, minus support paid to the dependents not living in the sponsor’s home, plus any unearned income. The remaining income shall be considered available as unearned income to the alien for the purpose of establishing eligibility and payment for Colorado Works. 

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[Instructions: replace lines 2167056 through 2167058.]
3.612  GENERAL INCOME EXEMPTIONS
3.612.1  EXEMPTIONS FROM CONSIDERATION AS INCOME [Rev. eff. 5/1/11]
For the purpose of determining eligibility for Colorado Works, the following shall be exempt from consideration as income: 
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[Instructions: replace lines 2167096 through 2167100.]
3.612.2  (None) [Rev. eff. 5/1/11]
3.612.3  [Rev. eff. 5/1/11]
For the purpose of determining eligibility for Colorado Works, the following shall be exempt from consideration of income. 
A.  The benefits provided from the Low-Income Energy Assistance Program (LEAP). 
B.  A child receiving subsidized adoption funds shall be excluded from the assistance unit and his/her income shall be exempt from consideration for Colorado Works eligibility and payment, unless such exclusion results in lower benefits to the family. 

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[Instructions: replace lines 2167103 through 2167107.]
3.613.2  [Rev. eff. 5/1/11]
To determine initial and ongoing eligibility for Colorado Works cash assistance and state diversion, subtract ninety dollars ($90) from the gross earned income, add the unearned income to determine the countable net income.  The countable net income is compared to the need standard for the household size. The countable net income of an assistance unit shall not exceed the need standard, as specified for that unit. If the countable net income is equal to or greater than the need standard for the household size, the assistance unit is not eligible for Colorado Works assistance or state diversion benefits. If an assistance unit is eligible, income disregards may apply and can be found in Section 3.614.3, “Earned Income Disregards”. 
3.613.3  DEFINITIONS  [Rev. eff. 5/1/11]

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[Instructions: replace lines 2167135 through 2167136.]
3.614.17  [Rev. eff. 5/1/11]
For eligibility and payment, income shall be determined prospectively for the first two months and retrospectively thereafter. 

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[Instructions: replace lines 2167142 through 2167145.]
3.614.23  [Rev. eff. 5/1/11]
Income of parents of unmarried minor parents who apply for or receive Colorado Works benefits living in the same household shall be attributed to the assistance unit. 
3.614.24  [Rev. eff. 5/1/11]
Pregnant parents are eligible for payment, including the $10.00 pregnancy food allowance upon verification of pregnancy. When the pregnancy terminates by other than a live birth, eligibility for assistance payment continues through the month of release from the hospitalization for the delivery or termination of the pregnancy. 

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[Instructions: replace lines 2167185 through 2167188.]
3.616  RETROSPECTIVE ELIGIBILITY AND PAYMENT [Rev. eff. 5/1/11]
The third and subsequent months following the first two months of eligibility shall be calculated using retrospective eligibility and payment. 
A.  When an assistance unit reports the receipt of unearned income only, to be eligible, the income shall not exceed the standard of need for the household. 
B.  If the unearned income is less than the standard of need, the unearned income shall not equal or exceed the standard of need for the household size. 

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[Instructions: replace lines 2167201 through 2167204.]
3.617.1  NEW MEMBERS [Rev. eff. 5/1/11]
A new member(s) who is added to an existing assistance unit shall be added effective on the day the person entered the household. The income of the new person shall be counted retrospectively to determine ongoing eligibility and payment for the assistance unit. The assistance unit shall provide all appropriate verification such as Social Security Numbers, verification of earned income, and proof of pregnancy if applicable, for the new person before payment is made. 
3.617.2  [Rev. eff. 5/1/11]
When a member of the assistance unit leaves the home, the county department shall not consider the individual’s income in the subsequent months following the month the individual left the home. 

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[Instructions: replace lines 2167228 through 2167249.]
3.620.1  [Rev. eff. 5/1/11]
A county may provide other assistance, including but not limited to supportive services and additional cash assistance, in addition to the basic cash assistance grant. This assistance shall be based on the assessed need of the assistance unit. Any other assistance with a monetary value to the participant shall be included as Unreimbursed Public Assistance (UPA) as defined in the Child Support Enforcement staff manual at Section 6.002 (9 CCR 2504-1). 
3.620.2  SUPPORTIVE SERVICES [Rev. eff. 5/1/11]
Supportive services are payment and/or services based on an assessed need. An eligible participant/recipient may receive supportive services. These service may include, but are not limited to, transportation, personal care items, and Individual Responsibility Contract bonuses and do not apply towards the Unreimbursed Public Assistance (UPA). 
Counties shall provide referrals for any available supportive services to applicants and participants who are: 
A.  Homeless; or,
B.  In need of mental health services; or,
C.  In need of substance abuse counseling or services.
3.620.3  [Rev. eff. 5/1/11]
Counties shall provide assistance to help participants apply for and receive the federal Earned Income Tax Credit (EITC). 
3.620.4  [Rev. eff. 5/1/11]
Counties shall make available opportunities for participants to have Individual Development Accounts (IDA) for home purchase, business capitalization, or higher education. 
3.620.5  [Rev. eff. 5/1/11]
The county may pay the participant an amount equal to fifty percent (50%) of the state share and one hundred percent (100%) of the county share of child support collection made by the noncustodial parent. The county shall not consider the child support returned to the family as income for purposes of calculating the basic cash assistance grant. 
3.620.6  NON-CASH ASSISTANCE FOR PARTICIPANTS 
3.620.61  [Rev. eff. 5/1/11]
Counties may provide the following assistance to an assistance unit whose income is below $75,000 per year or lower as defined by the county department in their county plan. The assistance unit must meet all non-financial eligibility criteria for the Colorado Works Program. 
A.  Work subsidies such as payments to employers or third parties to help cover the cost of employee wages, benefits, supervision and training;
B.  Supportive services such as child care and transportation provided to families who are employed;
C.  Refundable Earned Income Tax Credits;
D.  Contributions to, and distributions from, Individual Development Accounts (IDA’s);
E.  Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support.

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[Instructions: replace lines 2167274 through 2167276.]
3.622.2  HARDSHIP [Rev. eff. 5/1/11]
Hardship is defined as one or more of the following that prevents the adult member(s) of the assistance unit from securing or maintaining employment: 
A.  Disability of the specified caretaker, his/her spouse, the dependent child(ren) or immediate relative for whom the caretaker is the primary caregiver, pursuant to the definition of “persons with disabilities” adopted by the State (ADA rules) at Section 3.605; or, 

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[Instructions: replace lines 2166797 through 2166798.]
3.631.1  [Rev. eff. 5/1/11]
A parent, guardian, or specified caretaker receiving assistance as an adult is required to engage in one or more of the following work activities or any county defend work activities. This requirement includes dependent children between the ages of sixteen (16) years and eighteen (18) years old who are not attending school. All activities in the IRC shall relate to the outcome of both initial and ongoing assessments. 

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[Instructions: replace lines 2166822 through 2166823.]
3.810  RECOVERY OF OVERPAYMENT [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166831 through 2166842.]
3.810.13  Repayment [Rev. eff. 5/1/11]
A.  Adult Programs Only
When establishing a claim for repayment from a recipient, “recipient” shall mean an individual whose needs are included in an assistance payment and an individual who is legally liable for the support of and/or who acts as a payee for individuals included in an assistance payment.
B.  AFDC Program Only
Repayment of overpayments shall be the responsibility of: 1) the assistance unit which was overpaid; or, 2) any assistance unit of which a member of the overpaid assistance unit has subsequently become a member; or, 3) any individual members of the overpaid assistance unit whether or not currently a recipient. 
The county department shall take prompt action to correct underpayments to former AFDC applicants/recipients, as well as current recipients of Colorado Works cash assistance. There are two types of underpayments: (1) a cash assistance payment(s) received by or for an assistance unit that is less than the amount which the assistance unit should have received but not a denial or termination, or (2) the failure of the county department to issue a financial assistance payment to an eligible assistance unit if such payment should have been issued (i.e., denials or termination of Colorado Works benefits). 
In the event the liable individual cannot be located or is deceased, collection must be pursued from the members of the overpaid assistance unit or their current assistance units. Once the liable individual is located, the responsibility of the other members of the overpaid assistance unit is suspended unless the liable individual subsequently dies or cannot be located. Located means: 1) the physical whereabouts of the liable individual has been identified; and, 2a) the recoupment can be obtained from the AFDC or Colorado Works payment, or 2b) appropriate state law remedies can be pursued to collect the overpayment from the liable individual. If the courts have issued an order or judgment requiring the caretaker relative to repay the AFDC overpayment, no collection of the overpayment shall be initiated from the dependent children on the overpaid AFDC case. 
If the liable individual was not an overpaid individual because the person was not a member of the assistance unit when the overpayment occurred, collection must be pursued from the members of the overpaid assistance unit or their current assistance units. 
The county shall only pursue collection of unpaid AFDC overpayments from individual members of the assistance unit who were dependent children at the time of the overpayment, when the individual has reached 95 years old, and whose individual income is at or above 250% of the Federal poverty level for that household's size. 
When the liable individual was not a member of the overpaid assistance unit, there is no priority regarding the order in which recovery from the overpaid members is to be pursued. Failure to recover from one member or their current assistance unit does not discharge the remaining members or their current assistance units. 
C.  Colorado Works Only
Recovery of overpaid Colorado Works benefits shall not be pursued from individual members of the assistance unit who were dependent children at the time the overpayment occurred. 

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[Instructions: replace lines 2166863 through 2166864.]
3.810.32  To Establish the Amount of Overpayment When Ineligibility is Due to Excess Resources [Rev. eff. 5/1/11] 
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166869 through 2166870.]
3.810.4  RECOVERIES CONCERNING MISUSE OF TRUST PROPERTY OR RECIPIENT'S POWER OF ATTORNEY [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166894 through 2166895.]
3.810.7  METHODS OF RECOVERY - NOT APPLICABLE TO AFDC [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166905 through 2166909.]
3.810.74  Voluntary Deduction from Assistance Payment [Rev. eff. 5/1/11]
When overpayment is not due to the recipient's willful withholding of information concerning income, resources, or other change in circumstances, such prior overpayment may be voluntarily deducted from subsequent assistance payments if: 
A.  The recipient requests a voluntary deduction, in writing, and
B.  The recipient is notified in writing that he/she has the right to stop the voluntary deduction at any time by written request.
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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[Instructions: replace lines 2166925 through 2166937.]
3.811.11  [Rev. eff. 5/1/11]
When it is determined that the overpayment is to be recovered, the county department shall promptly act to recover the overpayment. 
The county department shall take one of the following three actions by the end of the quarter following the quarter in which an overpayment is first identified to ensure prompt recovery of the overpayment. Those actions are:
A.  Recover the overpayment;
B.  Take action to locate and/or recover the overpayment from a former recipient including appropriate legal remedies; and,
C.  Begin recovery deductions from the subsequent assistance payments of a current recipient or obtain a public assistance repayment agreement.
Overpayments shall be recovered from the member of the assistance unit who was the caretaker relative, specified caretaker, liable individual or payee who was overpaid or fraudulently received the assistance. Overpayments shall be recovered form such individual's estate. 
3.811.2  RECOVERY PROCESS
3.811.21  [Rev. eff. 5/1/11]
When it is determined that an overpayment has occurred, the county department shall: 
A.  Document the facts and situation which produced the overpayment and retain this documentation until the overpayment is paid in full;
B.  Initiate timely and adequate notice as set forth in the “Prior Notice” section in the chapter on “Administrative Procedures”. Such notice shall include a complete explanation, including applicable rules, concerning the overpayment and recovery sought;
C.  Following the ten (10) day prior notice period and the county dispute resolution and/or state appeal hearing process, take action to ensure prompt recovery;

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[Instructions: replace lines 2166988 through 2166989.]
3.820.2  ESTABLISHING FRAUD [Rev. eff. 5/1/11]
NOTE: Resources are not applicable to Colorado Works on or after January 7, 2011. 

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