Tracking #2006-00669 – permanent
(formerly #2006-00593 – emergency)

#06-7-20-1
I:/06072001.doc

[I:/06072001_3.rtf]
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Revisions to Sections 3.120.21, 3.140.11, and 3.604.1 were final (permanent) adoption of emergency rules at the 10/6/2006 State Board meeting, with an effective date of 8/1/2006 and 10/6/2006 (Rule-making# 06-7-20-1).  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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.  

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3.120.21 [Rev. eff. 8/1/06]  Verification of a fact or statement means confirming the correctness by obtaining written evidence or other information that proves such fact or statement to be true.
Lawful presence in the United States must be verified in accordance with the rules found at Section 3.140.11. 
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3.140.11  Verification of Citizenship and Lawful Presence in the United States [Rev. eff. 10/6/06]
Citizenship may be verified by a birth certificate, possession of a U.S. passport, a certificate of U.S. citizenship (CIS form N-560 or NH-561), a certificate of naturalization (CIS form N-550 or N-570), a certificate of birth abroad of a citizen of the United States (Department of State forms FS-545 or DS-1350), or Identification Cards for U.S. citizens (CIS-I-179 or CIS-I-197).
Pursuant to Section 24-76.5-103, C.R.S., as added by House Bill 06S-1023, and except as provided below, county departments must verify the lawful presence in the United States of all applicants for state or local benefits, or federal benefits provided by the Colorado Department of Human Services, or by the county departments of human/social services under the supervision of the State Department. 
A.  For purposes of this section: 
"Affidavit" means a State prescribed form wherein an applicant attests, subject to the penalties of perjury, that they are lawfully present in the United States.  An affidavit need not be notarized.
"Applicant" means a natural person eighteen years of age or older who submits an application to receive a state or local public benefit, or a federal public benefit, on his or her own behalf.
"Application" means an initial or new application for benefits and renewal applications or redeterminations.
"Federal public benefits" has the same meaning as provided in 8 U.S.C. Section 1611; 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.
"Produce" means to provide for inspection either:  1) an original or 2) a true and complete copy of the original document.  A document may be produced either in person or by mail. 
"State or local public benefits" has the same meaning as provided in 8 U.S.C. 1621; 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.
B.  In order to verify his or her lawful presence in the United States, an applicant must: 
1.  Produce either: 
a.  A valid Colorado driver’s license or a Colorado identification card issued pursuant to Article 2 of Title 42, C.R.S.; or, 
b.  A United States military card or military dependent’s identification card; or, 
c.  A United States Merchant Mariner Card; or,
d.  A Native American tribal document; 
e.  Any other document authorized by rules adopted by the Department of Revenue implementing the provisions of H.B. 06S-1023; and, 
2.  Execute an affidavit saying that: 
a.  He or she is a United States citizen or legal permanent resident; or,
b.  He or she is otherwise lawfully present in the United States pursuant to federal law. 
C.  The requirements of this section do not apply to:  
1.  Applications for benefits that will be provided exclusively or primarily for the benefit of a person under the age of eighteen years;
2.  Applications submitted by corporations;
3.  Applications for Food Stamp benefits;
4.  Applications for Medicaid where federal law has prescribed a different verification process (see 8.100.53, A2, of the Colorado Department of Health Care Policy and Financing Rules – 10 CCR 2505-10);
5.  Child welfare services, except for application for family foster homes, adoptive homes and youth 18-21 years of age as referenced in Section 7.406.1, JJ;
6.  Pre-natal care;
7.  Immunizations and the testing and treatment of the symptoms of communicable diseases; 
8.  Adult Protective Services;
9.  Refugee Services;
10.  Services provided under the Older Americans Act and State Funding for Senior Services;
11.  Crisis Intervention Program under the Low-Income Energy Assistance Program (LEAP); 
12.  Short-term, non-cash, in-kind emergency disaster relief.
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3.140.15  Verification with Systematic Alien Verification of Entitlement (SAVE) Program
Legal immigrants applying for public assistance must present documentation from CIS showing the applicant's status. All documents must be verified through SAVE (Systematic Alien Verification for Entitlements) to determine the validity of the document. Benefits shall not be delayed, denied or discontinued awaiting the SAVE verification.
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3.604.1  VERIFICATION  [Rev. eff. 8/1/06]
A.  All income shall be verified through the Income and Eligibility Verification (IEVS) system. 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.
B.  The applicant/recipient shall provide to the county the following information:
1.  Lawful presence in the United States;  see Section 3.140.11.
2.  A Social Security Number (SSN) for each individual applying for benefits or proof that an application for a SSN has been made.
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.
4.  Verification of pregnancy, if not observable.
C.  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 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.