Overview

Colorado’s TANF Program is known as Colorado Works and is designed to assist families in becoming stable and self-sufficient, reducing the need for the social safety net due to positive outcomes, particularly employment. Colorado values engaging low-income families in services and strategies that result in meaningful, self-supporting employment as the best strategy for promoting long-term wellbeing for those in poverty. In addition to the core function of the safety net, Colorado Works promotes job preparation, successful transition to and progression in work, and develops strategies and policies that ensure participants are engaged in an individualized and outcome-oriented plan that promotes well-being and economic security.

The Colorado Works program, in its design, also promotes capacity building and preventative measures to strengthen families, provide for positive youth development and healthy relationships. The Colorado Works Program operates in all counties in Colorado and is administered locally by county departments of human/social services, per state statute. Each county enters into a performance memorandum of understanding with CDHS and has written county policies describing its program. CDHS is responsible for ensuring that all counties comply with the terms of their county policies, as well as with all federal and state statutes and regulations. County departments of human/social services have flexibility in determining the most effective approach for accomplishing the four federal purposes of TANF within their local area and within the parameters established by the state and federal government, including the authority to contract all or part of the program operation to private and/or public providers. Counties develop their program policies to deliver the most appropriate services to eligible participants in their communities. All local program policies must meet federal and state statutory and regulatory requirements.

In addition to the services and investments made by counties through implementation at the local level, CDHS is committed to supporting programs throughout the State of Colorado that serve low-income families and that are designed to meet one of the four purposes of TANF. CDHS also administers the Personal Responsibility and Education Program (PREP) Grant, which provides comprehensive and medically accurate sexual health education to teens.

Eligibility Criteria, Benefit Levels and Services

Colorado Works statutes state that no individual is entitled to benefits or services under the Colorado Works Program. Colorado Works provides fair and equitable treatment to all applicants and participants and does not discriminate based on age, disability, race, color or national origin, or any other basis prohibited by law.

Basic cash assistance

Colorado Revised Statutes set uniform statewide basic eligibility and minimum benefit levels for basic cash assistance based on Aid to Families with Dependent Child(ren) (AFDC) rules that were in effect on July 16, 1996, with the following exceptions:

(1) Families do not have to include half siblings in the same assistance unit if at least one of the half siblings is receiving child support;

(2) Two-thirds of a participant’s income gets disregarded for ongoing benefit calculation

(3) Two parents are treated the same as single parent families;

(4) A family’s resources are exempt Eligibility criteria for cash assistance also include the following:

(1) Colorado does not impose a family cap;

(2) Colorado does require the participant to work with child support services, to ensure child(ren) receive financial supports

(3) Expectant parents that can prove pregnancy are eligible; and

(4) All work eligible individuals must sign and participate in an individualized plan for employment.

The following persons shall be ineligible for all Colorado Works benefits or services:

(1) Fugitive or fleeing felons, parole violators, or probation violators;

(2) Specified caretakers who fail to report, without good cause within normal program reporting requirements, a child(ren) who is expected to be out of the home for longer than forty-five (45) calendar days will be ineligible for assistance for ninety (90) calendar days from the date that it is determined he or she should have reported the expected absence;

(3) Persons convicted of a drug-related felony 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;

(4) Persons participating in a strike;

(5) 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.

In addition to the basic cash assistance grant, county departments of human/social services may provide other assistance in the form of additional benefits, services, and incentives to participants above the basic benefit level, as outlined in their county policy.

Dependent child(ren) must live with a specified caretaker; except for child(ren) receiving family preservation services or child(ren) receiving services as outlined in Colorado’s approved Title IV-A State Plan in effect as of September 30, 1995. A specified caretaker is a person who exercises responsibility for the child and may or may not be related to that child.

To receive benefits, an assistance unit may consist of the dependent child, siblings of the dependent child, and specified caretaker (such as parents or grandparents etc.). A dependent child is a child under age 18 or between 18 and 19 who is expected to graduate from high school prior to his/her 19th birthday.

Every household receiving TANF assistance is raising a child. There are three primary family types receiving Colorado Works assistance:

• Two parent households or single parent households with at least one child

• Child(ren) living with a relative or caretaker where the child(ren) and the relative or caretaker are also receiving benefits

• Child-only participants are child(ren) living with a relative or caretaker whereby benefits are to support the child(ren), but not the adult(s) in the household

Persons living in the household who are financially responsible for members of the assistance unit, but who are not required to be in the unit, will have their income, minus the employment disregard, deemed available to the family unit. The income disregard at initial application is $90; once eligibility has been established, 67% of income will be disregarded during the certification period (up to six months). The generous disregard after eligibility has been determined is intended to support a transition to employment for families receiving assistance, allowing access to not only basic cash, but also case management and supportive services that are critical during early attachment to work.

Services are provided to child(ren) in out of home placement or in juvenile justice facilities in accordance with the provisions of the approved Emergency Assistance State Plan in effect on September 30, 1995. Non-monetary services may also be provided to a non-custodial parent according to program rules, as outlined in county policy.

Applications and Redeterminations of Eligibility

Applications for Colorado Works benefits must be processed within 45 calendar days. For persons receiving on-going basic cash benefits, a re-determination of eligibility must be completed every six months. Redeterminations for Colorado Works benefits must be completed by the last day of the month if submitted prior to the 15th of the redetermination month and must be completed by the 10 of the month following the redetermination month if received after the 161h of the redetermination month.

Specified caretakers are required to notify the agency within ten days if a child has left the home and is expected to be gone for more than 45 calendar days. Assistance will be discontinued for specified caretaker(s) who fails to meet this requirement. Exceptions to this requirement are granted for:

(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 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 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 no longer considered to be living in the home as of the time the foster care plan is changed.

Method and Frequency of Basic Cash Assistance

Assistance units are certified as eligible and receive benefits through a six month certification period, notwithstanding changes to household composition or income that would render the unit ineligible entirely. The Certification Period aligns with the states Food Assistance’s simplified reporting; families are required to report changes as they occur, including changes to household composition, income (source or amount, earned or unearned), or residence.

Changes that do not render the unit ineligible will not negatively affect benefits during the certification period. Changes that would increase the assistance amount will be applied and acted upon as they are reported, irrespective of the certification period. All other reported changes take effect at the beginning of the next Certification Period.

Time Limits

Adult members of the assistance unit are limited to 60 months of TANF assistance during their lifetime. Up to 20% of the caseload may receive an extension of federal TANF assistance beyond the 60-month lifetime limit if their cases meet hardship or domestic violence criteria. No extensions will be formally granted until the adult has received TANF benefits for 60 months. All extensions will be granted by the county department of human/social services

based on hardship or domestic violence reasons defined in Colorado Works/TANF rules and county policies. Domestic violence extensions and hardship extensions may be granted when domestic violence or hardship problems prevent the adult(s) from participating in work activities or securing employment. Hardship reasons for extensions beyond the 60-month time limitation include the following:

(1) Disability of the caretaker, his/her spouse, the dependent child(ren), or immediate relative for which the caretaker is the primary caregiver;

(2) involvement in the judicial system by a member of the assistance unit;

(3) family instability, including the proven inability to maintain employment or inability of the caretaker to care for child(ren) in his or her own home;

(4) inadequate or unavailable child care;

(5) families experiencing current or past domestic violence issues;

(6) family instability which may include a caretaker with proven inability to maintain stable employment or inability of the caretaker to care for the child(ren) in their own home or in the home of a relative;

(7) inadequate or unavailable child care services, housing, transportation or employment opportunities; and

(8) other hardship reasons specified in the county’s policies.

Minor Parents

A minor parent is a parent who is under age 18. All unmarried minor parents are considered child(ren) for purposes of time limits and budgeting. Unmarried minor parents must live with a parent or adult relative or guardian, or in a setting deemed appropriate by the county, with exceptions for good cause. Minor parents who have not completed high school or its equivalent must attend high school, work on a GED, or be in an alternative education training program approved by the State in order to be eligible for assistance unless receiving benefits paid with segregated state/local funds. Colorado does not require non-custodial, non-supporting minor parents to fulfill community work obligations or attend appropriate parenting classes after school.

Tribal Eligibility

Members of Indian tribes who live in Colorado and are not eligible for assistance under a Tribal Family Assistance plan approved under Section 412 of the Social Security Act could be eligible for Colorado Works. Any month of receipt by an adult while

living in Indian Country or a Native Alaskan Village where at least 50 percent of the adults are not employed shall not count towards the 60 cumulative months of assistance. Indian Country is defined in Section 1151 of Title 18, Part 1, Chapter 53, United States Code, as of January 6, 1999.

Sanctions

Sanctions are imposed on Colorado Works recipients who do not participate in or otherwise violate the terms and conditions agreed upon in the individualized plan. Sanctions apply to the full family. Before sanctions take effect, the county office must attempt conciliation with the participant. Good cause may be granted, and benefits will not be sanctioned. If conciliation is not successful, the sanction process will ensue, as follows:

(1) The first sanction shall be twenty-five percent (25%) of an assistance unit’s cash assistance for a period of one month. The first sanction shall remain in effect until cured and served. Sanctions not cured by the end of the sanction period shall progress to the second sanction.

(2) The second sanction shall be fifty percent (50%) of the cash assistance for one month, and shall remain in effect until cured and served. Second sanctions not cured within the sanction period shall progress to the third sanction.

(3) The third sanction shall result in the termination of cash assistance to the assistance unit for a period of three months.

(4) A full case closure for a period of one month can occur for complete refusal to participate in or comply with the entire individualized plan.

The sanction period is determined by the State Board of Human Services. Once a participant reaches the third sanction, all subsequent sanctions are at the third level.

Disqualifications.

Persons who are required members of the assistance unit, but are disqualified or excluded from receiving Colorado Works basic cash assistance or diversion due to program prohibitions or violations, shall be removed from the assistance unit.

(1) Individuals who commit fraud will be removed from the grant for a 12- month period for the first offense, 24 months for the second offense, and permanently for the third offense.

(2) Individuals who misrepresent information in order to receive assistance in two states at the same time will be ineligible for a period of ten years.

(3) Individuals who are fugitive or fleeing felons, parole violators, or probation violators.

(4) Individuals who have been 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.

(5) The individual is a non-citizen who does not meet the definition of an eligible qualified

(6) Individuals who have failed to apply for a Social Security Number.

(7) Individuals who are non-citizens and do not meet the definition of a qualified legal noncitizen,

Overpayments and Recoveries

All overpayments are promptly established as account receivables unless:

(1) The household members are without fault in the creation of the overpayment,

(2) The change in income or other circumstances were reported timely, and

(3) The recovery would deprive the household of income required for ordinary and necessary living expenses.

A county must deduct the recovery of overpayments from current benefits at an amount of no more than ten percent of the benefit and not less than five percent of the benefit each month. For overpayments on non-active cases, the county shall establish a repayment plan with the family that shall include at least the minimum amount set above. The State will not pursue collection of overpaid benefits from individuals who were dependent child(ren) in the overpaid Colorado Works/TANF case.

Non-recurrent, Short-term Benefits

Colorado offers non-recurrent, short-term benefits and services to its Colorado Works participants in two forms -state diversion and county diversion.

(1) A state diversion is a needs-based, cash or cash equivalent payment made to a participant who is eligible for basic cash assistance;

(2) A county diversion 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.

(A) Eligibility for Colorado Works county optional benefits and service requires:

(1) A family consisting of child(ren) living with a specified caretaker or parent(s) with unborn child(ren); and

(2) The family’s gross income is within the county limit, up to $75,000 per year.

Notwithstanding the above eligibility requirements, all Colorado residents are eligible to receive services intended to reduce out-of-wedlock pregnancies and/or encourage the formation and maintenance of two-parent families if paid exclusively with federal TANF funds. The federally funded Personal Responsibility Education Program (PREP) intends to decrease teen pregnancies through the implementation of evidence-based comprehensive sexual health education curriculum. The grant requires additional programming to focus on three federally outlined Adult Preparation Subjects; healthy life skills, healthy relationships, and adult/child communication.

Additional Colorado Works Benefits and Services

Other benefits and services include, but are not limited to, the following:

(1) Colorado allows county departments to use Colorado Works funds to provide vouchers for state approved job placement agencies.

(2) Colorado provides family planning services not available through Medicaid.

(3) Colorado provides employment incentives to participants or employers as determined necessary by county policy.

(4) Colorado screens for domestic violence as a part of the assessment process but will only exempt domestic violence victims from time limits and other requirements for work participation when indicated by the assessment, not as a standard practice. Colorado refers domestic violence victims for needed services. Colorado is meeting the requirements for the federally approved domestic violence waiver.

(5) Colorado meets the needs of the refugee population through the Colorado Refugee Assistance Program (CRSP) utilizing TANF/Colorado Works funding.

(6) Colorado promotes responsible fatherhood through evidence-based responsible parenting and relationship education programs.

(7) Colorado offers subsidized employment programs for both the custodial and non-custodial parents that are TANF eligible.

Non-citizens. Non-citizens, who entered qualified non-citizen status on or after August 22, 1996 and have been in the country for five or more years, are eligible for TANF funds in accordance with Section 402 (b) of the Act. Colorado pays TANF assistance to excepted qualified non-citizens as required by Title IV of PRWORA. Victims of severe forms of trafficking are eligible for federally funded TANF benefits to the same extent as refugees.

Counties may assist 1) unexcepted qualified aliens who arrived on or after August 22, 1996 and have been in this country less than five years and 2) aliens lawfully present who would be eligible for TANF but for Title IV of PRWORA with segregated state/local funds.

Refugees

Refugees are qualified aliens exempt from the five-year bar. Refugees eligible for assistance through TANF/Colorado Works submit an application through their county of residence. The state of Colorado provides its Refugee-TANF (Colorado Works) population assistance and services by utilizing county departments and the Colorado Refugee Services Program (CRSP). County departments are charged with the responsibility of Colorado Works/TANF eligibility determination, and CRSP with case management and service provision responsibilities, which may include workforce development. The model implemented by the state of Colorado helps ensure all services for refugees are culturally and linguistically appropriate.

Through the assessment process, CRSP determines the most appropriate way to serve refugee families. Consistent with all families accessing Colorado Works benefits, the assessment is used to determine if either a monthly grant (also known as Basic Cash Assistance) or a non-recurrent short term benefit (also known as a Diversion) is most appropriate based upon family circumstances.

Family Preservation

The Family Preservation Program replaced the IV-A Emergency Assistance Program that was administered by the child welfare. This program utilizes segregated federal TANF funds to provide services to families where the child(ren) are at risk of out-of­ home placement. These services are designed to ensure that child(ren) can be cared for in their own homes or in the homes of caretaker relatives, and include case planning, case management, counseling, family support programs intensive family therapy, day treatment, home-based services, non-medical drug and alcohol treatment, and crisis intervention services. Eligibility for Family Preservation is as follows:

(1) The family’s gross income is under $75,000 per year;

(2) A family consisting of child(ren) living with a specified caretaker or parent(s) with unborn child(ren);

(3) The child(ren) in foster care or juvenile justice facilities meet the criteria in effect on September 30, 1995;

(4) The family qualifies for family preservation services as were determined under the standards in effect on September 30, 1995; and

(5) The family has signed a Family Service Plan (FSP).