Tracking #2007-00465
FA/P 6/8/07, eff. 8/1/07

I:/07031201.rtf
[I:07031201.doc]

(9 CCR 2503-1)

[Instructions: Insert statement of basis and purpose before line 1142695.]
Revisions to Sections 3.600.15 - 3.600.17, 3.602.1 - 3.602.82, 3.625.1 - 3.625.6, 3.626.5, 3.631.1 - 3.631.3, and 3.632.2 were final adoption following publication at the 6/8/2007 State Board rule-making session, with an effective date of 8/1/2007 (Rule-making# 07-3-12-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rules. 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. 

===

[Instructions: Replace lines 1144702 through 1144711.]
3.600.15  Ineligible Assistance Units [Rev. eff. 8/1/07]
The following assistance units shall not be eligible to receive benefits under the Colorado Works Program:
A.  Assistance units which include an unmarried minor parent(s) under the age of eighteen (18) who is not living in his/her parent’s home or another adult relative’s home, or in another arrangement approved by the county;
B.  Assistance units which include an unmarried minor parent(s) under the age of eighteen (18) who has a child at least twelve (12) weeks of age and who has not completed his/her high school education or GED, and who is not participating in educational activities or an approved training program.
Counties shall assist minor parents under age 18 who are otherwise eligible and are not living in a county approved living arrangement to find an approved arrangement.
3.600.16  Work Eligible Individuals [Eff. 8/1/07]
A.  The following are defined as work eligible individuals and are subject to work activities under Section 3.631.2 or other county defined work activities as determined through the participant assessment: 
1.  An adult or minor child head-of household receiving assistance under TANF or a separate state program, unless excluded in #2, below. 
2.  A non-recipient parent living with a child receiving assistance, unless the parent is a member of one of three excluded groups:  
a.  A minor parent who is not a head-of-household or spouse of head-of-household; 
b.  An alien who is ineligible to receive assistance due to his or her immigration status; or, 
c.  At state option on a case-by-case basis, a recipient of supplemental Social Security Income (SSI) benefits. 
3.600.17  Requirements for Receipt of Cash Assistance After Month 24 and Subsequent Month [Rev. eff. 8/1/07]
All assistance units which include an adult member who has received cash assistance for 24 cumulative months shall have such adult member in a work activity, either federal or county defined (reference Section 3.631) as outlined in his/her Individual Responsibility Contract (IRC), in order to receive Colorado Works assistance in month 25 and all subsequent months.
===

[Instructions: Replace lines 1144734 through 1144783.]
3.602.1  DEFINITION OF DOMESTIC VIOLENCE [Rev. eff. 8/1/07]
Domestic violence is defined as a pattern of coercive control one individual inflicts upon a another in the context of familial, household or intimate partner (current or former) relationships including marriage and dating. Violence may be inflicted through a variety of means including, but not limited to: 
A.  Physical abuse, including hitting, punching, slapping or biting;
B.  Intimidation resulting in fear of imminent bodily harm through the use of gestures, displays of weapons or destruction of property, including pets;
C.  Threats to inflict bodily harm or other means of coercion and control;
D.  Sexual abuse or threats to inflict nonconsensual sexual acts, including sexual activity with a minor;
E.  Emotional, psychological or mental abuse including degradation, constant put-downs or humiliation that results in an inability to engage in daily activities;
F.  Isolation from friends, family or any type of emotional support system; 
G.  Neglect or deprivation of medical care; 
H.  Stalking; 
I.  Economic abuse or control of finances through withholding money or sabotaging attempts to attain economic self-sufficiency.
3.602.2  DOMESTIC VIOLENCE POLICY [Rev. eff. 8/1/07]
Counties shall provide information to all applicants and participants of Colorado Works benefits regarding domestic violence. Individuals who are trained in domestic violence and have participated in Colorado Work’s Family Violence Option training shall provide this information. Information shall be available throughout the applicant’s participation and in a format that permits applicants to readily understand. Information includes, but is not limited to: 
A.  An immediate referral to domestic violence services including health care, emergency shelter, child protection or law enforcement if violence is imminent;
B.  Oral presentations (formal or informal) on domestic violence;
C.  Written information on domestic violence including service brochures from local domestic violence and batterer’s intervention service providers, criminal justice victim advocate information, victim’s compensation and other informational handouts and a domestic violence safety plan. Applicants and participants should only receive written information when it is safe for them to take it home (i.e. the batterer will not use information to inflict further abuse);
D.  Procedures for voluntarily and confidential self-identifying themselves as victims of domestic violence;
E.  Procedures for applying for waivers from any program requirements and extension of time limits; and,
F.  Policy with regard to how domestic violence information will be used to determine program waivers.
3.602.3  FAMILY VIOLENCE OPTION (FVO) [Rev. eff. 8/1/07]
Section 402(A)(7) of the Social Security Act requires that a state which elects the Family Violence Option (FVO) shall establish and enforce the following standards and procedures. A county department that elects FVO shall, in the county plan, define how the county will:
A.  Screen and identify individuals receiving federal TANF and Maintenance of Effort (MOE) assistance with a history of domestic violence; and,
B.  Maintain the confidentiality and privacy of such individuals; and,
C.  Refer such individuals to community-based counseling and support services, and,
D.  Provide waivers of good cause, at any point during participation, of normal program requirements to such individuals, for so long as necessary, in cases where compliance would make it more difficult for the individual to escape domestic violence, or would unfairly penalize the individual who is or has been victimized by domestic violence or who is at risk of further domestic violence.
3.602.31  FVO Good Cause Waiver [Rev. eff. 8/1/07]
A.  The waiver shall meet the federal definition of a “federally recognized good cause domestic violence waiver”. 
Good cause for not participating in any program requirements, other than cooperation with child support and work requirements, is defined as anything that would potentially endanger or unfairly penalize a participant or his/her family if he/she participated in the program requirement as documented by a county. For child support enforcement, reference Section 3.604.6
Good cause may include, but is not limited to: 
1.  A history of domestic violence that interferes with an individual's ability to obtain or maintain employment; 
2.  An abuser's use of a pattern of coercive control that includes violence, intimidation, threats, stalking or harassment; 
3.  Results of victimization such as post-traumatic stress disorder, depression or other mental health consequences; or, 
4.  Physical disabilities related to the abuse. 
B.  Waivers may be granted at any time during the applicant's participation and be partial or full or permanent or temporary and must: 
1.  Identify the specific program requirements that are being waived which may include work requirements or time limits;
2.  Be granted based on a case-by-case basis and need as determined by an individualized assessment by a person trained in domestic violence, who has participated in Colorado Works' Family Violence Option training and be re-determined at least every six (6) months; and, 
3.  Be accomplished by a service plan that:
a.  Includes domestic violence service participation that may be required;
b.  Is developed by a person trained in domestic violence;
c.  Reflects the individualized assessment and any revisions indicated by the re-determination; and,
d.  Is designed to lead to employment.
3.602.4  REFERRAL TO SERVICES [Rev. eff. 8/1/07]
If an applicant or participant self identifies as a victim of domestic violence, counties shall make appropriate referrals to domestic violence and supportive services, and document such referral in the case file.
The State prescribed or State approved domestic violence screening form shall be completed for such clients. Domestic violence issues shall be considered by the county department in completing the Individual Responsibility Contract (IRC). Screening must occur in a private, confidential and safe location. 
3.602.5  CONFIDENTIAL INFORMATION [Rev. eff. 1/1/05]
All information that an applicant or participant provides concerning domestic violence, referrals for supportive services and waivers, applications for and approval or denial of waivers, shall remain confidential as required in the administrative procedures section entitled "Protection to the Individual".
3.602.6  EXEMPTION FROM REFERRALS TO CHILD SUPPORT ENFORCEMENT (CSE) [Rev. eff. 7/1/99]
A finding of domestic violence shall be considered in the determination of good cause exemption from referral to the Child Support Enforcement (CSE) Unit as defined in the Child Support Enforcement staff manual, Section 6.230.1 (9 CCR 2504-1).
3.602.7  DOMESTIC VIOLENCE WAIVERS OF WORK REQUIREMENTS
3.602.71  Waiver Opportunity
If the county department and the client cannot agree to the terms of the IRC related to work requirements, the client shall be offered the opportunity to request a waiver from the work requirement in the IRC.
3.602.72  Submit to State Department [Rev. eff. 8/1/07]
Counties shall submit requests for waivers of work requirements to the State Department for a determination of whether good cause exists to grant such waivers only if the client and the county department cannot agree on granting of the waiver or the terms of the waiver. The county department shall help the client complete the waiver application if requested.
3.602.73  State Department Appeal for Work Requirement Waiver [Rev. eff. 8/1/07]
In the event that the county department and the participant do not agree on granting the waiver or the terms of the waiver, the county department shall forward to the State Department the waiver application, a copy of the screening document, a copy of the IRC, documentation regarding the domestic violence, a statement regarding the county’s position for including the contested activity in the IRC and the client’s statement regarding the reasons for contesting the activity within ten (10) working days from the completion of the application.
A.  The State Department shall review the material submitted by the county and notify both the county and the client of the opportunity to submit additional information. Each party shall have ten (10) working days to submit such information.
B.  The decision on the waiver shall be made by a panel appointed and acting on behalf of the department. The panel will consist of at least one person knowledgeable in state program issues and at least one person knowledgeable in domestic violence issues.
C.  The panel shall notify the county department and the client of the waiver decision within thirty (30) working days from date of receipt of the application.
D.  Unless the panel’s decision is under appeal, county departments and clients shall implement the IRC in accordance with the decision of the panel within ten (10) working days. The adverse action or decision of the panel may be appealed through the county dispute resolution process as outlined in Section 3.840 or administrative hearing process as outlined in Section 3.850.
3.602.74  Reapply for Waiver [Rev. eff. 8/1/07]
Clients denied domestic violence waivers may reapply for a waiver when their circumstances change or their participation requirements, as set out in the Individual Responsibility Contract (IRC), change.
3.602.75  Waiver Update [Rev. eff. 8/1/07]
Waivers approved by the State shall be updated by the county every six (6) months and must include a determination by the State of the continuation of the waiver of work requirements.

===

[Instructions: Replace lines 1145233 through 1145244.]
3.625.1  ASSESSMENT [Rev. eff. 1/1/05] 
A county shall perform an assessment which shall consist of an evaluation of basic skills, past employment, employability, educational level, and other relevant factors for an applicant or participant who is eighteen (18) years of age or older, or who is 16 years of age or older but is not yet 18 years old and has not completed high school or obtained a certificate of high school equivalency, and is not attending high school or a high school equivalency program. Supportive services or other non-basic cash assistance benefits will be based on the results of the assessment.
A.  Applicants for the Colorado Works Program shall have an initial assessment within thirty (30) calendar days from the date of application for services or assistance.
B.  Updated assessments may be conducted at county department discretion.
C.  Services or benefits will be based on each individual in a family.
3.625.2  IRC [Rev. eff. 8/1/07]
County departments shall develop an Individual Responsibility Contract (IRC) for applicants/participants of cash assistance and diversion as a condition of Colorado Works eligibility. The initial IRC shall be completed within thirty (30) days after completing the participant’s initial assessment. The IRC shall be limited in scope to matters relating to preparing for, securing and maintaining training, education, or work.
3.625.3  CONSEQUENCES AND CONDITIONS [Rev. eff. 1/1/05]
All consequences and conditions associated with the IRC shall be listed and explained to the applicant/participant.
3.625.4  PARTICIPATION INVOLVEMENT [Rev. eff. 1/1/05]
The county department shall seek the input and involvement of the participant when developing the IRC.
3.625.5  NOTIFICATION [Rev. eff. 1/1/05]
Every IRC must notify a participant of the following in bold print at the top of the document:
A.  No individual is legally entitled to any form of assistance under the Colorado Works Program;
B.  The IRC is a contract between the participant and the county that specifies the terms and conditions under which a participant may receive assistance under the Colorado Works Program and specifies the responsibilities of the county and the participant. The Individual Responsibility Contract does not create a legal entitlement to benefits; and,
C.  A participant’s failure to comply with the IRC without good cause may result in sanctions, including but not limited to, the termination of the basic cash assistance grant.
3.625.6  MODIFICATION REQUEST [Rev. eff. 1/1/05]
Either a county or a participant may request a modification of their contract.
===

[Instructions: Replace lines 1145283 through 1145286.]
3.626.5  DENIAL OR DISCONTINUATION DUE TO REFUSAL TO COOPERATE WITH IRC [Rev. eff. 8/1/07]
The basic cash assistance grant for an application or participant of the Colorado Works Program may be denied or discontinued in its entirety as determined by the county for a minimum of one month, if the applicant/participant refuses to participate in training, education, or work as agreed to in the IRC. A refusal constitutes:
A.  An affirmative statement by the participant; or,
B.  Demonstrable evidence in which the participant has not engaged in one or more of the activities agreed to in the IRC; or, 
C.  The participant fails to update their IRC without good cause. 
===

[Instructions: Replace lines 1145317 through 1145332.]
3.631  ENGAGED IN WORK ACTIVITIES
3.631.1  [Rev. eff. 8/1/07]
A parent or caretaker relative 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.
3.631.2  ALLOWABLE WORK ACTIVITIES [Rev. eff. 8/1/07]
Work activities are defined as: 
A.  Unsubsidized employment - Part-time or full-time employment in the public or private sector that is not subsidized by TANF or other public program.
B.  Subsidized private or public sector employment - Part-time or full-time work with any private or public sector employer for which wages are paid by the employer and for which the employer receives a subsidy; from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.
C.  Work experience – A work activity performed in return for Colorado Works assistance payments, that provides an individual with an opportunity to acquire the general skills, training, knowledge and work habits necessary to obtain employment. Work experience assignments must improve the employability of those who cannot find unsubsidized employment.
D.  On-The-Job-Training - Training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides knowledge and skills essential to the full and adequate performance of the job.
E.  Job search and job readiness assistance - Job search may be conducted in either a group or individual setting and may include employer contacts either in person, by telephone, or by electronic methods; job readiness assistance includes activities supporting preparation of an individual to seek or obtain employment. This includes activities such as preparing a resume or job application, training in interviewing skills, instruction in work place expectations, as well as life skills training. Substance abuse treatment, mental health treatment, or rehabilitation activities are allowed for those who are otherwise employable. Such treatment or therapy must be determined necessary and certified by a qualified medical or mental health professional. 
F.  Community service programs – Structured work programs performed for the direct benefit of the community under the auspices of public or non-profit organizations. Community services programs must be limited to projects that serve a useful community purpose in fields such as health, social service, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities, public safety and child care.
G.  Vocational educational training - Organized educational programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training other than a baccalaureate or advance degree.
H.  Child care for community service participants - Providing child care services to an individual who is participating in a community service program. It does not include providing child care to enable a TANF recipient to participate in any of the other ten allowable work activities. Child care provided to individuals in community service must adhere to established child care licensing rules and statutes.
I.  Job skills training directly related to employment - Training and education for job skills required by an employer or to advance or adapt to the changing demands of the workplace, including basic remediation, English as a second language, and/or short term training directly related to local labor market demands.
J.  Education directly related to employment shall be an option only in the case of a participant who has not received a high school diploma or a certificate of high school equivalency. This work activity is used for education courses designed to provide knowledge and skills for specific occupations or work settings and may include adult basic education, English as a Second Language (ESL) and education leading to a General Education Development (GED) or high school equivalency diploma.
K.  Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence shall be an option only in the case of a participant who has not completed secondary school or received such a certificate. Regular attendance, in accordance with the requirements of the secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate. This activity may not include other related educational activities, such as adult basic education or language instruction.
3.631.3  [Rev. eff. 8/1/07]
For purposes of meeting the work participation requirements of this section, a Colorado Works participant shall be considered to be engaged in work if they are participating in the work activities listed in Section 3.631.2 or in any other work activities designed to lead to self sufficiency as determined by the county and as outlined in their IRC.
===

[Instructions: Replace lines 1145344 through 1145350.]
3.632.2  FEDERAL PARTICIPATION RATE CALCULATIONS [Rev. eff. 8/1/07]
A Colorado Works participant is considered to be engaged in work for a month if he/she is participating in work activities included in Items A through K in Section 3.631.2 for at least the minimum number of hours per week as required by Federal law.
The Federal work participation rate guidelines are outlined below:
A.  The federal all families work participation rate requirement is an average of thirty  (30) hours per week per calendar month.
B.  The federal two-parent participation rate requirement is an average of thirty-five (35) hours per week if no federally funded child care is provided. If federal child care is provided, the average weekly hours must meet or exceed fifty-five (55) hours per calendar month.
C.  A parent(s) under twenty (20) years of age is considered to be engaged in a work activity if he/she is maintaining satisfactory attendance in high school or GED, or participating in education directly related to employment for an average of at least twenty (20) hours per week during a calendar month.
D.  A single parent with a child(ren) under age six (6) is deemed to be meeting work participation requirements if he/she is engaged in work for an average of twenty (20) hours per week during a calendar month.
E.  Excused absences and holidays will be counted as hours toward the federal work participation rate for only scheduled work activities as outlined in Section 3.631.2 and contained in the participant’s Individual Responsibility Contract. Absences and holiday hours are allowed only as approved in the most current Colorado Works work verification plan submitted and approved by the U.S. Department of Health and Human Services, Office of Family Assistance.