3.604.1
Eligibility Criteria
To receive a Colorado Works grant payment, a client
must:
A. Be a resident of Colorado.
1. There shall be no durational residency
requirement and a client who establishes intent to remain in Colorado shall be
considered a resident.
2. Residence
shall be retained until abandoned.
3. Persons receiving TANF benefits from
another state shall not be eligible for Colorado Works grant payments during
any month a payment was made by the other state.
B. Be lawfully present in the United States
as:
1. A citizen of the United States
(including persons born in the United States, Puerto Rico, Guam, Virgin Islands
(U.S.), American Samoa, or Swain's Island; persons who have become citizens
through the naturalization process; persons born to U/S. citizens outside the
United States with appropriate documentation); or,
2. A qualified legal non-citizen who entered
the United States prior to August 22, 1996; or,
3. A qualified legal non-citizen who entered
the United States on or after August 22, 1996, who has been in a qualified
non-citizen status for a period of five years, unless they meet one of the
exceptions to the five-year bar consistent with
8 U.S.C.
1613(b).
C. Be a member of an assistance
unit who meets income eligibility requirements and has provided required
verifications or be a noncustodial parent (noncustodial parents may receive
services, but not basic cash assistance).
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 in the custody of or confined in a
county, state, or federal correction facility or institution as an inmate,
which is one who is confined or serving time imposed by a court, except as a
patient in a public medical institution. Those considered to not be an inmate
also include, but are not limited to, those on a work release or court
monitoring system.
F. Not be a
temporary resident or non-citizen in one of the following situations:
1. Non-citizens with no status verification
from the United States Citizenship and Immigration Service (USCIS);
2. Non-citizens granted a specific voluntary
departure date;
3. Non-citizens
applying for a status; or,
4.
Citizens of foreign nations residing temporarily in the United States on the
basis of visas issued to permit employment, education, or a
visit.
3.604.2
Household Composition
A. A
Colorado Works household consists of clients who are part of the assistance
unit and/or budgetary unit.
1. The assistance
unit consists of individuals who live together and who must apply for and
receive Colorado Works grant payments as a single household.
Members of the same assistance unit who meet the requirements
of the Colorado Works program shall receive basic cash assistance or shall be
considered when determining diversion grant amounts.
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.
2. The budgetary unit consists of individuals
who are part of the assistance unit as well as individuals who are outside of
the assistance unit but considered financially responsible for members of the
assistance unit.
3. Clients must
provide any information or verification needed to determine who must be in the
assistance unit and budgetary unit.
B. Two parent household cases will be paid
with county maintenance of effort (MOE) funds. All other single parent and
child only cases will be paid with county TANF block grant funds.
C. Members of the Assistance Unit
1. The following individuals must be included
in the assistance unit when living in the home:
a. Dependent child(ren) who live in the home
of a caretaker.
b. Parents of
dependent child(ren) who live in the home unless the child is a minor parent
who is requesting assistance for their own child or responsibility is
established with another caretaker through court order, child welfare, or
adoption.
c. Siblings of dependent
child(ren) who live in the home and are legally in the care of the requesting
caretaker.
d. Half siblings of the
dependent child(ren) who live in the home that do not receive child support
payments.
e. The spouse of a
pregnant parent.
2. The
following individuals are optional members of the assistance unit. These
individuals are included in the assistance unit when living in the home and
requesting assistance:
a. The spouse of a
parent who is not themselves a parent of dependent child(ren) who live in the
home.
b. A non-parent
caretaker.
c. The spouse of a
non-parent caretaker.
d. Half
siblings of the dependent child(ren) who live in the home and are receiving
child support. The parent or non-parent caretaker of the half sibling receiving
child support shall decide whether to include such half sibling receiving child
support in the assistance unit.
e.
Siblings of the dependent child(ren) who live in the home but are not in the
legal custody of the requesting caretaker due to an established court order,
child welfare involvement or an adoption.
f. A parent who lives in the home of another
caretaker and no longer has legal custody of the dependent child(ren) who live
in the home.
g. Parent(s) of a
minor parent who is requesting assistance for their own
child.
3. The following
individuals are excluded from the assistance unit.
a. Individuals receiving SSI
payments.
b. Individuals who
receive other title iv benefits such as foster care, adoption subsidy or Title
IV kinship payments.
D. Members of the Budgetary Unit
1. The following individuals must be included
in the budgetary unit:
a. Any individual who
is part of the assistance unit (to include optional members of the assistance
unit who requested assistance) regardless of whether or not the individual is
eligible to receive assistance.
b.
The spouse of a parent or non-parent caretaker who requested assistance,
regardless of whether or not the spouse has requested assistance for
themselves.
c. The unborn child of
a pregnant parent.
d. The
non-recipient parent(s) of a minor parent.
e. The sponsor of a non-citizen who is part
of the assistance unit (whether or not the non-citizen is themselves eligible
to receive Colorado Works grant payments).
2. The following individuals are excluded
from the budgetary unit:
a. An optional
member of the assistance unit who chooses not to receive assistance for himself
or herself.
b. Individuals who are
excluded from the assistance unit as identified in Section
3.604.2.C.3.
E. A dependent child is considered to be
living in the home of a caretaker as long as the caretaker exercises the
responsibility for the care of the child even if the following occurs:
1. The child or the caretaker is temporarily
absent from the home to receive medical treatment;
2. The child is under the jurisdiction of the
court;
3. Legal custody is held by
an agency that does not have physical custody of the child;
4. The child is in regular attendance at a
school away from home.
F.
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. 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. County departments must work with families
to enroll children not enrolled in and attending school.
G. 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 or 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 a parenting plan signed by both parties, the visit not
exceeding six (6) months unless otherwise specified; or,
3. Child(ren) residing in voluntary foster
care placement for a period not expected to exceed three (3) months. Should the
foster care plan change within three months and the placement become
court-ordered, the child is not longer considered to be living in the home as
of the time the foster care plan is changed.
H. When more than one caretaker exercises
responsibility for a child, the following hierarchy shall be followed. A
caretaker:
1. Is a parent; or,
2. Is a relative by blood, marriage, or
adoption who is within the fifth degree of kinship to the dependent child (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; or,
3. If those identified in a-b above are not
available, is a person who exercises responsibility for a dependent child
within the person's home and provides verification of such responsibility such
as a court order, school or medical records listing the individual as the
child's contact, collateral contact with child welfare, or another document
acceptable to the county department. the prudent person principle may be used
to determine that a non-parent caretaker other than a guardian, legal
custodian, or a relative exercises responsibility for a child. The individual
who exercises responsibility and is highest in the above hierarchy list shall
be deemed the caretaker for the assistance unit.
I. A parent or non-parent caretaker is
considered to be living in the home and may continue as a member of the
assistance unit/ family needs unit if the individual is temporarily away from
home if one of the following occurs:
1. Is on
active duty in the uniformed service of the United States.
2. Is temporarily absent from the home to
receive medical treatment.
3. Is
temporarily absent from the home for less than forty-five (45) calendar days
and has established an intent to return.
J. Indian Tribe Eligibility
Members of an Indian Tribe not eligible for assistance under
a Tribal Family Assistance Plan are eligible for Colorado
Works.
K. Assistance for
Eligible Refugees
Refugees are qualified aliens exempt from the five-year bar.
Those refugees eligible for assistance through TANF/Colorado Works shall submit
an application to their county of residence. Those applications that have been
approved shall be referred to the Colorado Refugee Services Program (CRSP) for
other ongoing case management and services offered through the TANF/Colorado
Works program.
1. The CRSP is
responsible for performing the eligibility assessment as required by section
3.607.3 for all refugees referred to them by county departments and will apply
uniform guidelines that apply to all county departments regarding the
assessment of refugees.
2. Based on
the assessment of the refugee, CRSP will make recommendations to the county
departments and will apply uniform guidelines that apply to all county
departments regarding the assessment of refugees. These recommendations shall
include, at a minimum:
a. Whether the refugee
is determined to be ready to work.
b. The type(s) of activities that will be
most beneficial to the refugee; and,
c. The amount and duration of supportive
services and other assistance payments necessary to achieve self-sufficiency
for the refugee.
3. The
county department shall consider the recommendations of CRSP and the
recommended supportive services and other assistance within the county policy,
within an agreed upon timeframe not to exceed forty-eight (48)
hours.
L. Individuals
Ineligible for Colorado Works Program
The following individuals shall not be eligible under
Colorado Works:
1. Fugitive or fleeing
felons;
2. Persons convicted of a
drug-related felony, as defined in
21 U.S.C.
862A and Section
18-
1.3-
401.5
and Section
4 of Article
18 of Title
18 of the C.R.S. on or after July 1,
1997, unless the county department has determined that the person has taken
action toward rehabilitation, such as, but not limited to, participation in a
drug treatment program;
3.
Assistance units with an adult participating in a strike;
4. Qualified legal non-citizens 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.
M. Penalties for Disqualified or Ineligible
Persons
Persons who are required members of the assistance unit, but
who are disqualified from receiving or are ineligible to receive Colorado Works
basic cash assistance or diversion due to program prohibitions or violations,
shall be removed from the assistance unit for the purposes of determining the
assistance unit size. Disqualified individual's' income must be considered when
determining eligibility without applying income disregards.
The following disqualified or ineligible individuals shall
have such month counted as a month of participation in the calculation of their
overall sixty-month (60) lifetime maximum as referenced in section 3.606.6 when
a grant payment is received for others in the assistance unit.
1. Individuals convicted by a court or whose
disqualification was obtained through an intentional program violation (IPV)
waiver for misrepresenting their residence in order to obtain assistance in two
states at the same time shall have their Colorado Works assistance denied for
ten (10) years.
2. Individuals who
have committed fraud as determined by a court or determination of an IPV by
administrative hearing shall result in the disqualified caretaker being removed
from the grant for a twelve (12) month period for the first offense,
twenty-four (24) months for the second offense, and lifetime for the third
offense. An IPV from another state shall be used to determine eligibility for
an individual. The level of the IPV established by the Administrative Law Judge
from the other state shall be used to determine the level of the IPV for
Colorado Works. The timeframes established herein shall be used; the timeframe
established from the other state shall no longer be valid.
3. Individuals who are fleeing felons for the
time that that person meets the definition of fleeing felon as described in
3.601.
4. Individuals who have been
convicted of a drug-related felony, as defined in
21 U.S.C.
862A and Section
18-
1.3-
401.5
and Section
4 of Article
18 of Title
18 of the C.R.S., unless the county
department has determined that the person has taken action toward
rehabilitation, such as, but not limited to, participation in a drug treatment
program.
5. Individuals who have
failed to apply for a Social Security Number unless good cause exists. Once
that person has taken action to apply for a Social Security Number, they may
become eligible.
6. Individuals who
are non-citizens and do not meet the definition of a qualified non-citizen,
those who fail to prove citizenship or fail to provide proof that they are
otherwise possess a qualified non-citizen status and/or proof of lawful
presence.
N. Minor Parent
Applicants/Participants
A minor who is also a parent may apply for Colorado
Works.
1. When a minor parent is not
emancipated and has a marital status of single, grant payments may not be
approved unless the minor parent resides with another adult caretaker or the
minor parent resides in another setting which the county has determined is an
appropriate setting.
a. Counties shall assist
minor parents who are otherwise eligible and are not living in a county
approved setting according to the county's policy to find an appropriate living
arrangement.
b. Counties shall
assist assistance units which include an unmarried minor parent(s) who has a
child at least twelve (12) weeks of age, who has not completed his or her high
school education or GED, and who is not participating in educational activities
or an approved training program, in participating in such programs within sixty
(60) calendar days from the date the initial assessment is completed for those
sixteen (16) or older or within sixty (60) calendar days from the date the
eligibility interview takes place for those under the age of sixteen (16).
Participation means enrollment, attendance, or an action otherwise specified by
the county department. Failure to participate without good cause will result in
the termination or discontinuation of Colorado Works basic cash
assistance.
2. When a
minor parent does not live in the home of another caretaker:
a. The minor parent may not receive benefits
until deemed to be in a county approved setting by the county department unless
the minor is emancipated, has a marital status other than single, or resides
with an adult relative.
b. A minor
parent who is emancipated or has a marital status other than single is not
considered to be living in the home of a caretaker even if they are living in
the home of their parent.
c. A
minor who is a parent and does not live in the home of a caretaker will receive
assistance as an adult if approved.
3. Minor Parents and Caretakers
a. If the minor parent lives with an
unrelated non-parent caretaker who chooses not to be a member of the assistance
unit, the minor must be in a county approved setting.
b. If the minor parent lives with an
unrelated non-parent caretaker who chooses to be a member of the assistance
unit, the county department may choose if it is necessary to approve the
setting before grant payments are provided per county policy.
c. If the minor parent lives with his or her
parent, the county department does not need to approve a setting even if the
minor's parent chooses not to be a member of the assistance unit.
d. A minor parent who is the dependent child
of a caretaker will receive assistance as a child if approved even if the
caretaker is not included in the assistance unit.
O. Out of the Home
1. For Colorado Works purposes, a client who
is out of State temporarily shall be provided assistance on the same basis as
one who is in the state as long as the individual has established intent to
return. The client's temporarily out of the State status shall not exceed
ninety (90) consecutive days.
2. A
client who is a resident of an institution is not considered to be in the home.
A client shall be considered a resident in an institution when the recipient's
stay is at least thirty (30) consecutive days. Institutions include general
medical and surgical hospitals, nursing homes, assisted living residences, and
mental institutions. Residents of an institution who continue to have the
responsibility of a dependent child may receive Colorado Works if the dependent
child also resides in the institution or continues to be cared for in the home,
unless individual needs are provided for through other
state.
3.604.3
Program Verifications
A. The
county department shall not require any documentary evidence (verification)
and/or written statements for eligibility determination until the county
department receives a signed and dated application. The client has the primary
responsibility for providing documentary evidence for required verification and
the responsibility to resolve questionable information. The county worker shall
assist the client in obtaining the necessary documentation if the client is
cooperating with county workers. The client may supply documentary evidence in
person, through mail, by facsimile, through an electronic device, or through an
authorized representative. The county worker shall accept all pertinent
documentary evidence provided by the client and shall be primarily concerned
with how adequately the verification proves the statements on the application
and/or program participation, if applicable. If written verification cannot be
obtained, county workers shall substitute an acceptable "collateral contact" if
available, as defined in section 3.601 program definitions and E-F of this
section.
If the client is missing any verification, the county
department shall request additional and/or required verifications from the
client. the request shall include:
1.
A specific list of verifications necessary to determine eligibility;
2. The due date for when the verifications
must be returned, which shall be eleven (11) calendar days from the date the
verification was requested in writing; and,
3. Notification that if the client fails to
return the verifications by the due date, the county department shall process
the application without those verifications, which may lead to a denial of
grant payments.
If proper verification is not received and a collateral
contact is unavailable, the client will be noticed (in writing or verbally)
with information that the county worker will assist with obtaining
verification, provided that he or she is cooperating with the county
department.
Verification is an eligibility requirement. Failure to
provide requested verification may result in the case and/or client being
denied, closed, terminated, or discontinued. The verification 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 ongoing redeterminations of
eligibility.
B.
Required Primary Verifications
1. All
information received through the Income and Eligibility Verification (IEVS)
System shall be reviewed and verified. Assistance shall not be denied, delayed,
or discontinued pending receipt of information requested through IEVS, if other
evidence establishes the client's eligibility for assistance.
2. All participating clients shall provide to
the county the following information:
a.
Verification of lawful presence in the United States; section
3.604.3.I.
b. Verification of
citizenship or qualified non-citizenship status; section 3.604.I-J.
c. A Social Security Number (SSN) for each
client applying for benefits or proof that an application for a SSN has been
made. Proof of application is only valid for up to eight (8) months without
good cause. The agency shall explain to the client that refusal or failure
without good cause to provide a SSN or a receipt of a SSN application will
result in ineligibility for the client for whom an SSN or receipt is not
obtained. Only the client for whom the SSN or receipt is not provided will be
ineligible, and not the entire assistance unit.
1) For clients that made application for a
SSN at initial eligibility determination, verification of the SSN must be
received prior to the next recertification.
2) For clients added to the assistance unit
within sixty (60) days of the certification period expiring, verification of
the SSN must be received by the following recertification.
3) The county department shall verify the
SSNs provided by the assistance unit with the Social Security Administration
(SSA) in accordance with procedures established by the state department for the
State On Line Query (SOLQ) system.
4) The county department shall accept as
verified a Social Security Number that has been verified by any program agency
participating in SOLQ system.
d. Verification of a caretaker's
responsibility for the child(ren) must be provided, unless the caretaker is the
child(ren)'s parent. Verification may include, but is not limited to, verbal or
written confirmation from the child's parent, a court order, school or medical
records listing the individual as the child's contact, or collateral contact
with child welfare. The prudent person principle may be used to determine that
a non-parent caretaker other than a guardian, legal custodian, or a relative
exercises responsibility for a child.
e. Verification of income of any member of
the assistance unit or other household member whose income is used to determine
eligibility and payment.
f.
Verification of Colorado residency.
3. Counties may require further verification
of any information that is received that is determined to be questionable or
inconsistent. Such a determination must be documented in the applicant's case
file.
4. 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. The worker
must document the reason for the extension in the statewide automated system
and/or case file.
5. All immigrants
shall have non-citizen status verified through the Systematic Alien
Verification for Entitlements (SAVE) system. Assistance shall not be delayed or
discontinued pending this verification.
C. Secondary Verifications
When applicable, secondary verifications for eligibility and
program participation, may include, but are not limited to:
1. Verification of relationship of a
dependent child to other household members;
2. Verification of good cause, to include
good cause for a delay in providing verifications for assistance, good cause
for not cooperating with child support services, and good cause for not
participating in work activities;
3. Verification of child support, to include
information of the noncustodial parent and/or child support income/expenses as
specified in section 3.606;
4.
Verification of school attendance for all school-aged children included in the
assistance unit, including home school, GED, and online attendance;
5. Verification of work
participation;
6. Verification
establishing allowable absences of an adult or child in the assistance unit if
leaving the state/home and requesting to continue benefits; and/or,
7. Verification of pregnancy, if
applicable.
D. Sources of
Verification
Counties may use collateral contacts, interfaces, prudent
person principle, documentary evidence, and in some cases, client statement as
sources of verification.
E.
Use of a Collateral Contact, Review, and Follow-up
Applications shall be reviewed and any necessary follow-up
activities such as collateral contacts, verifications, etc., shall be initiated
within five (5) calendar days of when the county department obtains information
containing the collateral contacts information from the client. Priority shall
be given to those applications where critical and emergent need is
apparent.
F. Requirements
for Collateral Contact to Make a Determination of Eligibility
1. The client shall be given the opportunity
to provide documentation necessary to determine eligibility. When necessary,
the county department shall assist the client to secure documentation. If
documentation that is necessary to determine eligibility is not received, a
notice shall be sent to the client to advise him or her of the proposed action
to deny or discontinue the case. The notice to the client shall also include a
specific description of the documentation necessary to determine eligibility.
In general, the county department shall rely on the client to
provide the documentation necessary to determine eligibility.
2. A collateral contact is an oral or written
confirmation of a household's circumstances by a person outside of the
household. The signature on the application shall be considered consent for the
use of collateral contacts. The county department may rely on members of the
household to provide the name of any collateral contact. If the individual
provides an unacceptable collateral contact who cannot be expected to provide
accurate verification, the county department shall:
a. Request the name of another collateral
contact; or,
b. Ask for alternative
forms of verification; or,
c.
Substitute a home visit to establish a county approved setting when
applicable.
3.
Confidentiality shall be maintained when talking with collateral contacts. The
county department shall disclose only the information that is absolutely
necessary to obtain information being sought. If the client fails to provide a
collateral contact or provides a contact that is unacceptable to the
eligibility worker, the county worker may select a collateral contact that can
provide information that is needed. Except for contacts to verify information
provided through IEVS, the collateral contact selected by the county worker
shall not be contacted without first obtaining the prior written or verbal
approval of an adult household member or the authorized representative.
Collateral contacts for IEVS do not require household designation or prior
contact approval. The notice of proposed action shall advise the household that
they have the option to consent to the collateral contact, to provide
acceptable verification in another form, or to withdraw the application. If the
household refuses to choose one of the above options, the application shall be
denied.
The case file shall be documented to support action taken by
the county department. The county department shall not determine the household
to be ineligible when a person outside the household refuses to provide
information required for the client to resolve a request for verification (i.e.
a former employer will not provide verification of employment termination and
does not respond to attempts for a collateral contact by the county
department). In such scenarios, the prudent person principle must be used to
determine eligibility without the unavailable verification.
Household members who are disqualified or in an ineligible
status are not considered individuals outside the household.
4. In cases in which the information from
another source contradicts statements made by the household, the household
shall be afforded a reasonable opportunity to resolve the discrepancy prior to
an eligibility determination.
G. The rules contained herein are intended to
be sufficiently flexible to allow the eligibility worker to exercise reasonable
judgment to determine when a request for verification is unnecessary because
the facts of the case are clear. In making a certification decision, the
eligibility worker should ask whether his or her judgment is reasonable, based
on experience and knowledge of the program.
The prudent person principle may not be used to waive the
requirement to verify lawful presence for clients over the age of eighteen
(18).
The prudent person principle may be used to determine that a
non-parent caretaker other than a guardian, legal custodian, or a relative
exercises responsibility for a child and/or when determining good cause for
non-cooperation with the workforce development program activities or child
support services.
All case decisions related to the prudent person principle
must be documented in case comments.
H. Interfaces are acceptable verification
sources for Colorado Works.
1. Income and
Eligibility Verification System (IEVS)
IEVS provides for the exchange of information for Colorado
Works with the SSA and the Colorado Department of Labor and Employment (DOLE).
The county department shall act on all information received through IEVS. The
county department shall, at a minimum, prior to approval of benefits, verify
potential earnings and unemployment benefits through DOLE for all applicants,
except institutionalized applicants. Benefits shall not be delayed pending
receipt of verification from a collateral contact (e.g., employers). In cases
where the county department has information that an institutionalized or group
home recipient is working, wage and unemployment insurance benefits matches are
required at application. All other matches will be initiated through IEVS upon
approval of benefits. Through IEVS, recipient SSNs will be matched with source
agency records on a regular basis to identify potential earned and unearned
income, resources and assets, including:
a. The following data shall be considered
verified when entered into the statewide automated system:
1) SSA (Beneficiary and Earnings Data
Exchange/Bendex, State Data Exchange/SDX) Social Security benefits, SSI,
pensions, self-employment earnings, federal employee earnings; and,
2) Unemployment Insurance Benefits (UIB).
b. DOLE wage data shall
not be considered verified upon receipt. Additional verification must be
obtained to verify wage information.
c. At initial application and at
redetermination, a client of Colorado Works shall be notified through a written
statement provided on or with the application form that the information
available through IEVS: will be requested and used for eligibility
determinations; shall be verified through sources, such as collateral contacts
with the client, when discrepancies are found by the county department; and may
affect the assistance unit's eligibility and level of payment.
1) All verification types obtained by a
collateral contact to validate or invalidate the IEVS discrepancy shall be
documented; and,
2) Case
documentation shall be available in the case file or statewide automated system
documenting the action taken on the case within forty-five (45) calendar days
of initial receipt. Case documentation must include the purpose of the review,
the action taken on the case, and how the determination was made that supported
the action taken by the county department.
d. The county department shall review and
process IEVS within forty-five (45) days.
No more than twenty (20) percent of the IEVS reviewed may
remain unprocessed beyond forty-five (45) days when:
1) The reason that the action cannot be
completed within forty-five (45) days is the non-receipt of requested
third-party verification; and,
2)
Action is completed promptly, when third-party verification is received or at
the next time eligibility is redetermined, whichever is earlier. If action is
completed when eligibility is redetermined and third-party verification has not
been received, the county department shall make its decision based on
information provided by the recipient and any other information in its
possession.
2.
Public Assistance Reporting Information System (PARIS)
The county department shall query PARIS at initial
application and at redetermination to determine whether the client is receiving
benefits in another state, veterans' benefits, or military wages or
allotments.
3. Systematic
Alien Verification for Entitlements (SAVE)
The county department shall query SAVE at initial application
and at redetermination to:
a.
Determine whether a qualified non-citizen has a sponsor(s);
b. Verify the non-citizen registration number
provided by the client and, if the number and name submitted do not match, take
prompt action to terminate assistance to the client; and
c. Determine if there has been a change in the
non-citizen's status.
4.
Colorado Department of Revenue, Division of Motor Vehicles (DMV)
The Colorado DMV may be used by the county department to
verify lawful presence and identity.
I. Verification of Citizenship and Lawful
Presence
1. Verification of citizenship in
the United States
Citizenship may be verified by a birth certificate,
possession of a U.S. passport, a Certificate of U.S. Citizenship (USCIS form
N-560 or NH-561), a Certificate of Naturalization (USCIS 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
(USCIS-I-179 or USCIS-I-197). Documents that are acceptable as verification of
citizenship can be found in the Department of Revenue rules at
1 CCR
204-30, Rule 5, Appendix A and B (Mar. 2, 2021), no
later editions or amendment are incorporated. These regulations are available
at no cost form the Colorado Department of Revenue, 1881 Pierce St., Lakewood,
CO 80214 or at https://www.sos.state.co.us/ccr. These regulations are also
available for public inspection and copying at the Colorado Department of Human
Services, Office of Economic Security, 1575 Sherman St., Denver, CO 80203,
during regular business hours.
2. Verification of questionable citizenship
information
The following guidelines shall be used in considering
questionable statement(s) of citizenship from a client:
a. The claim of citizenship is inconsistent
with statements made by the client, or with other information on the
application, or on previous applications.
b. The claim of citizenship is inconsistent
with information received from another source.
c. The claim of citizenship is inconsistent
with the documentation provided by the client.
Application of the above criteria by the eligibility worker
must not result in discrimination based on race, religion, ethnic background or
national origin, and groups such as migrant farm workers or Native Americans
shall not be targeted for special verification. The eligibility worker shall
not rely on a surname, accent, or appearance that seems foreign to find a claim
to citizenship questionable. Nor shall the eligibility worker rely on a lack of
English speaking, reading, or writing ability as grounds to question a claim to
citizenship.
3.
The client whose citizenship is in question shall be ineligible to participate
until proof of citizenship is obtained. If a non-citizen is unable to provide
any USCIS document at all, there is no responsibility to offer to contact USCIS
on the non-citizen's behalf. Responsibility exists only when the non-citizen
has a USCIS document that does not clearly indicate eligible or ineligible
non-citizen status. The county department shall contact the State Department,
not the USCIS, to obtain information about the non-citizen's correct status.
The method used to document verification of citizenship and the result of that
verification shall be contained in the case file.
4. All persons eighteen years of age or older
must establish lawful presence in the United States prior to receiving Colorado
Works with the exception of those exempt in the list provided in this section,
as outlined in section
24-76.5-103, C.R.S. The
requirements of this section do not apply to clients under the age of eighteen
(18).
a. In order to verify his or her lawful
presence in the United States, a client must:
1) Produce and provide to the county
department:
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 coast guard merchant
mariner card; or,
d) A Native
American tribal document; or,
e)
Any other document authorized by rules adopted by the Department of Revenue
(
1 CCR
2204-30, Rule 5, Appendix A, as incorporated by
reference in section 3.604.3.I.1 of these rules); or,
f) Those clients who cannot produce one of
the required documents may demonstrate lawful presence by both executing the
affidavit described in section 3.604.3.I.4.a.2, and executing a request for
waiver as described in
1 CCR
204-30, Rule 5, as incorporated by reference in
section 3.604.3.I.1, above.
The request for waiver must be provided to the Colorado
Department of Revenue in person, by mail, or online, and must be accompanied by
all documents the client can produce to prove lawful presence. A request for a
waiver can be provided to the Department of Revenue by a client
representative.
Once approved by the Department of Revenue, the waiver is
assumed to be permanent, but may be rescinded and cancelled if, at any time,
the Department of Revenue becomes aware of the client's violation of
immigration laws. if the waiver is rescinded and cancelled, the client has the
opportunity to appeal. The county department is responsible for verifying that
the client is the same individual indicated as being lawfully present through
the waiver; 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.
b. The
requirements of this section do not apply to the following clients, programs
and services:
1) For any purpose for which
lawful presence in the United States is not required by law, ordinance, or
rule;
2) For obtaining health care
items and services that are necessary for the treatment of an emergency medical
condition of the person involved and are not related to an organ transplant
procedure;
3) For short-term,
non-cash, in-kind emergency disaster relief;
4) For programs, services, or assistance such
as soup kitchens, crisis counseling and intervention, and short-term shelter
specified by federal law or regulation that:
a) Deliver in-kind services at the community
level, including services through public or private non-profit
agencies;
b) Do not condition the
provision of assistance provided on the individual recipient's income or
resources; and,
c) Are necessary
for the protection of life or safety;
5) Pregnant women;
6) For individuals over the age of eighteen
years of age and under the age of nineteen years who continue to be eligible
for medical assistance programs after their eighteenth birthday.
5. A
non-citizen considered a legal immigrant will normally possess one of the
following forms provided by the citizenship and immigration services (USCIS) as
verification:
a. I-94 arrival/departure
record.
b. I-551 resident alien
card (I-551).
c. Forms I-688b or
I-766 employment authorization document.
d. A letter from USCIS indicating a person's
status.
e. Letter from the U.S.
Department of Health and Human Services (HHS) certifying a person's status as a
victim of a severe form of trafficking.
f. Iraqi and Afghan individuals who have been
admitted as Special Immigrants (SI).
g. Any of the documents permitted by the
Colorado Department of Revenue rules for evidence of lawful presence
(
1 CCR
204-30, appendix B, as incorporated by reference in
section 3.604.3.I.1 of these rules).
6. Legal immigrants applying for public
assistance must present documentation from USCIS showing the applicant's
status. All documents must be verified through SAVE to determine the validity
of the document. Benefits shall not be delayed, denied or discontinued awaiting
the SAVE verification.
J.
Verification required from non-citizens
1. As
a condition of eligibility for financial assistance, when a sponsored
non-citizen is included in the assistance unit or budgetary unit, the client
must provide income information about the non-citizen's
sponsor(s).
K. When a
client is unable to provide verification for citizenship, qualified
non-citizenship status, lawful presence, identity, and/or their social security
number, the county department shall grant thirty (30) calendar days to the
client to provide the verification. If the verification is provided in the
allotted time, the same application may be used to determine eligibility and
benefits provided.
Verification shall be provided for each individual
requesting/receiving payments at the time of application and redetermination.
In addition, supportive services, special needs payments and assistance in
obtaining verifications shall be provided.
Individuals unable to provide this verification will not
receive payment for themselves and their income will be used to determine
eligibility for the household.
3.604.4
Colorado Works and Child
Support Services
A. As a condition of
continued eligibility, clients for Colorado Works are statutorily required to
assign all rights to child support on their own behalf or on behalf of any
other member of the assistance unit for whom the application is made. A
client's failure to sign and date the application form to avoid assignment of
support rights precludes eligibility for the assistance unit. Failure to
cooperate with Child Support Services at application and/or while receiving
basic cash assistance, without good cause, will result in the termination or
discontinuation of the Colorado Works basic cash assistance.
This assignment is effective for child support due and owed
during the period of time the person is receiving public assistance. The
assignment takes effect upon a determination of eligibility for Colorado Works
cash assistance. The assignment remains in effect with respect to the amount of
any unpaid support obligation accrued and owed prior to the termination of
Colorado Works cash assistance to the client. The application form shall
contain acknowledgement of these provisions and shall be signed and dated by
the client.
1. Clients may request
that their case not be referred to child support services based upon good
cause. Claims found to be valid are:
a.
Potential physical or emotional harm to a child(ren).
b. Potential physical or emotional harm to a
parent or caretaker.
c. Pregnancy
or birth of a child related to incest or forcible rape.
d. Legal adoption before court or a parent
receiving pre-adoption services.
e.
Other reasons documented by the county department.
f. Reasons considered to be in the best
interest of the child.
g. Other
court order.
2. Every
client shall be given notice and the opportunity to claim that his or her case
should not be referred to Child Support Services based upon good
cause.
3. Determination of such
good cause must be in writing and documented in the case file by the county
director or designee of the county director.
4. Each case not referred based upon good
cause shall be reviewed by the county director or designee at least
yearly.
B. Basic cash
assistance shall be considered part of the Unreimbursed Public Assistance (UPA)
as defined in the Child Support Services Rule Manual at
9 CCR
2504-1 Section 6.002.
C. If a family is ineligible for Colorado
Works basic cash assistance due to child support income and the income received
from child support is either not received or is less than the family need
standard, the family may request to be reinstated for assistance in that month.
The income from the current month will be used to determine eligibility and
payment prospectively.
