C.R.S.
Section 26-1-111
Activities of the state department under the supervision of the executive director
- cash fund
- report
- rules
- statewide adoption resource registry
(1)
The state department, under the supervision of the executive director, is charged with the administration or supervision of all the public assistance and welfare activities of the state, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging and for veterans, which activities as enumerated are declared to be state as well as county purposes.(2)
The state department, under the supervision of the executive director, shall:(a)
Administer or supervise all forms of public assistance and welfare, including but not limited to assistance payments, food stamps, and social services under programs for old age pensions except for the old age pension health and medical care program, and shall also administer and supervise the Colorado works program, aid to the blind, aid to the needy disabled, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, and such other public assistance and welfare activities as may be vested in the state department pursuant to law;(b)
Administer or supervise the establishment, extension, and strengthening of child welfare services and other social services in cooperation with the federal department of health, education, and welfare and other state or federal agencies;(c)
Administer the establishment, extension, and strengthening of rehabilitation programs and services, programs and services for the aging, and veterans’ affairs activities in cooperation with the federal department of health, education, and welfare and other state or federal agencies;(d)
Intentionally left blank —Ed.(I)
Provide services to county governments including the organization and supervision of county departments for the effective administration of public assistance and welfare functions as set out in the rules of the executive director and the rules of the state board pursuant to section 26-1-107 as to program scope and content, including assistance payments, food stamps, and social services, and compilation of statistics and necessary information relative to assistance payments, food stamps, social services, child welfare services, including out-of-home placement services, rehabilitation, programs for the aging, and veterans’ programs throughout the state, and obtaining federal reimbursement moneys available under the Title IV-E program created under the federal “Social Security Act”, as amended, based on out-of-home placements and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which moneys shall be allocated to counties to help defray the costs of performing its functions; except that nothing in this paragraph (d) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government.(II)
Intentionally left blank —Ed.(A)
For the fiscal year beginning July 1, 1991, the state department shall pay to each county an amount equal to all federal revenues earned by the state pursuant to Title IV-E of the federal “Social Security Act”, as amended, which exceed the amount necessary to fully fund program, training, and administrative costs that are reimbursed under Title IV-E for eligible services for the fiscal year beginning July 1, 1990, plus an amount necessary to fully fund the state foster care review program for the fiscal year beginning July 1, 1991.(B)
For each fiscal year after the fiscal year beginning July 1, 1991, the amount set aside from federal revenues earned by the state in accordance with sub-subparagraph (A) of this subparagraph (II) to fully fund Title IV-E eligible services and the costs of the administrative review unit shall be adjusted annually by the general assembly to reflect rate changes, workload, federal financial participation, and any other factor determined as necessary to maintain a comparable level of said services and costs as for the respective fiscal years described in sub-subparagraph (A) of this subparagraph (II).(C)
For fiscal year 2003-04 and each fiscal year thereafter, after the amounts described in subsections (2)(d)(II)(A) and (2)(d)(II)(B) of this section are set aside, the total amount of money remaining shall be transmitted to the state treasurer, who shall credit the same to the excess federal Title IV-E reimbursements cash fund, which fund is hereby created and referred to in this subsection (2)(d)(II)(C) as the “fund”. The money in the fund is subject to annual appropriation by the general assembly to the state department for allocation to counties to help defray the costs of performing administrative functions related to obtaining federal reimbursement money available under the Title IV-E program. In addition, the general assembly may annually appropriate money in the fund to the department of early childhood for allocation to the counties for the provision of child care assistance, as described in section 26.5-4-105, and to the state department for allocation to the counties for the provision of assistance, as defined in section 26-2-703 (2); social services, as defined in section 26-2-103 (11); and child welfare services, as defined in section 26-5-101 (3). For fiscal year 2004-05, and in subsequent years if so specified by the general assembly in the annual appropriations act, the counties shall expend the money allocated by the department of early childhood for the provision of child care assistance and by the state department for the provision of assistance, social services, and child welfare services pursuant to this subsection (2)(d)(II)(C) in a manner that will be applied toward the state’s maintenance of historic effort as specified in section 409 (a)(7) of the federal “Social Security Act”, as amended. Any money in the fund not expended for the purposes specified in this subsection (2)(d)(II)(C) may be invested by the state treasurer as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred or revert to the general fund or another fund.(C.5)
and (D) Repealed.(E)
One hundred percent of the federal Title IV-E incentive funding received by the state for completion of timely interstate home studies shall be distributed to the county departments conducting the home studies. The Title IV-E incentives paid to the county departments pursuant to this sub-subparagraph (E) shall be divided and distributed according to the distribution formula set forth in rules to be promulgated by the state board no later than January 1, 2008. A county department receiving an incentive payment pursuant to this sub-subparagraph (E) shall expend those moneys for the provision of services allowed under Title IV-B and Title IV-E of the federal “Social Security Act”, as amended.(f)
Designate child placement agencies licensed pursuant to part 9 of article 6 of this title 26 or county departments to act as agents of the state department for the purpose of authorizing child care placement as set forth in section 26-1-107 (6)(e) and county departments to serve as agents of the state department in the performance of certain public assistance and welfare and related activities in the county;(g)
Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this title;(h)
Act as the agent of the federal government in public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging, in matters of mutual concern in conformity with this title and in the administration of any federal funds granted to the state to aid in the furtherance of any functions of the state department;(i)
Administer such additional public assistance and welfare activities and functions as may be vested in it pursuant to law;(j)
and (k)(Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.)(l) Repealed.(q)
Promulgate rules in accordance with section 19-3-308 (1), C.R.S., for determining the risk of harm to a child who is the subject of a child abuse and neglect report setting forth the appropriate response by the county departments to such risks;(r)
Adopt standards for conducting videotaped child abuse interviews in accordance with section 19-3-308.5 (3), C.R.S.;(s)
Promulgate rules in accordance with section 19-3-211, C.R.S., for establishing a conflict resolution process for resolving grievances against the county departments concerning responses to reports of child abuse and neglect and the performance of duties pursuant to article 3 of title 19, C.R.S. The rules must take into account and allow for any subsequent locally developed grievance procedures that apply to a locally restructured human services system to ensure consistency within the system.(t)
Repealed.(u)
Coordinate prevention and intervention programs, other than programs created in title 26.5, focused on positive youth development in accordance with state law and rules. The coordination must include the state youth development plan developed pursuant to section 26-1-111.3 that identifies key issues affecting youth to align strategic efforts and achieve positive outcomes for youth.(d)
Expenditures by a county department for the care and maintenance of a child who has not been referred to the statewide adoption resource registry in accordance with the requirements of this section shall not be subject to state reimbursement.(5)
to (7) Repealed.
Source:
Section 26-1-111 — Activities of the state department under the supervision of the executive director - cash fund - report - rules - statewide adoption resource registry, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-26.pdf (accessed Oct. 20, 2023).
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