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Colorado Statutes, Title 26

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Title 26, Human Services Code

0 chapters · 455 sections in this title.

All chapters in Title 26455 Ch 2102 Ch 170 Ch 1337 Ch 633 Ch 1231 Ch 1123 Ch 13.523 Ch 522 Ch 11.513 Ch 2011 Ch 2111 Ch 710 Ch 3.110 Ch 5.79

70 sections·Filtered byTitle 26✕Ch 1✕

Colo. Rev. Stat. § 26-1-101 Short title
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This title shall be known and may be cited as the "Colorado Human Services Code". Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-1. L. 93: Entire section amended, p. 1103, § 16, effective July 1, 1994.
Colo. Rev. Stat. § 26-1-102 Legislative declaration
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(1) The general assembly declares that state and local policymakers and health and human services administrators recognize that the management of and the delivery system for health and human services have become complex, fragmented, and costly and that the health and human servic…
Colo. Rev. Stat. § 26-1-103 Definitions
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As used in this title 26, unless the context otherwise requires: (1) "County board" means the county or district board of human or social services. (2) "County department" means the county or district department of human or social services. (3) "County director" means the directo…
Colo. Rev. Stat. § 26-1-104 Construction of terms
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(1) Whenever any law of this state refers to the state department of public welfare or the state department of social services, or to the director, said law shall be construed as referring to the department of human services or to the executive director of the department of human…

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Colo. Rev. Stat. § 26-1-105 Department of human services created - executive director - powers, duties, and functions

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(1) Effective July 1, 1994, there is hereby created a department of human services, the head of which shall be the executive director of the department of human services, which office is hereby created. The executive director shall be appointed by the governor, with the consent o…

Colo. Rev. Stat. § 26-1-105.5 Transfer of functions - employees - property - records

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(1) (a) The department shall, on and after July 1, 1994, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested prior to July 1, 1994, in the department of social services, the department of institutions, and the department of heal…

Colo. Rev. Stat. § 26-1-106 Final agency action - administrative law judge - authority of executive director

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(1) (a) The executive director may appoint one or more persons to serve as administrative law judges for the state department pursuant to section 24-4-105, C.R.S., and pursuant to part 10 of article 30 of title 24, C.R.S., subject to appropriations made to the department of perso…

Colo. Rev. Stat. § 26-1-107 State board of human services - reimbursement for expenses - rules

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(1) (a) There is created in the department of human services the state board of human services, referred to in this section as the "state board". The state board is a type 1 entity, as defined in section 24-1-105. The state board consists of nine members appointed by the governor…

Colo. Rev. Stat. § 26-1-108 Powers and duties of the executive director - rules

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(1) Executive director rules shall be solely within the province of the executive director and shall include the following: (a) Rules governing matters of internal administration in the state department, including organization, staffing, records, reports, systems, and procedures,…

Colo. Rev. Stat. § 26-1-109 Cooperation with federal government - grants-in-aid - low-income home energy assistance program - applications - definition

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(1) The state department of human services shall be the sole state agency for administering the state plans for public assistance and welfare, including but not limited to assistance payments; food stamps; social services; child welfare services; rehabilitation; and programs for …

Colo. Rev. Stat. § 26-1-109.5 Treatment of restitution payments under this title - declaration - exclusion from financial determinations

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(1) The general assembly finds that restitution payments made to Japanese Americans pursuant to the "Civil Liberties Act" (Pub.L. 100-383) were intended to redress the injustice done to United States citizens and resident aliens of Japanese ancestry who were incarcerated during W…

Colo. Rev. Stat. § 26-1-110 Publications

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(1) Repealed. (2) Publications of the state department circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136, C.R.S. Source: L. 73: R&RE, p. 1166, § 1. C.R.S. 1963: § 119-1-9. L. 83: Entire section amended, p. 83…

Colo. Rev. Stat. § 26-1-111 Activities of the state department under the supervision of the executive director - cash fund - report - rules - statewide adoption resource registry

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(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 wel…

Colo. Rev. Stat. § 26-1-111.3 Activities of the state department under the supervision of the executive director - Colorado state youth development plan - creation - definitions

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(1) (a) Subject to available funding, the state department, in collaboration with the Tony Grampsas youth services board, created in section 26-6.8-103, shall convene a group of interested parties to create a Colorado state youth development plan. The goals of the plan are to ide…

Colo. Rev. Stat. § 26-1-112 Locating violators - recoveries - repeal

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(1) The executive director of the department of human services or district attorneys may request and shall receive from departments, boards, bureaus, or other agencies of the state or any of its political subdivisions, and the same are authorized to provide, such assistance and d…

Colo. Rev. Stat. § 26-1-114 Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants

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(1) The state department of human services may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of federally aided public assistance and welfare, including but …

Colo. Rev. Stat. § 26-1-114.5 Records - access by county auditor

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(1) (a) Notwithstanding any provision of law to the contrary and subject to paragraph (b) of this subsection (1), a county department of human or social services shall provide to an auditor conducting a financial or performance audit of the county department access to all of the …

Colo. Rev. Stat. § 26-1-115 County departments - district departments

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(1) Except as provided in subsection (2) of this section, there is established in each county of the state a county department of human or social services that consists of a county board of human or social services, a county director of human or social services, and such addition…

Colo. Rev. Stat. § 26-1-116 County boards - district boards

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(1) (a) The county board shall consist of the board of county commissioners in each county; except that "board of county commissioners" as used in this title, in the city and county of Denver, means the department or agency with the responsibility for public assistance and welfar…

Colo. Rev. Stat. § 26-1-117 County director - district director

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(1) It is the duty of the county board to appoint a county director, who is charged with the executive and administrative duties and responsibilities of the county department, subject to the policies and rules of the state department and the department of early childhood, and who…

Colo. Rev. Stat. § 26-1-118 Duties of county departments, county directors, and district attorneys

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(1) (a) The county departments or other state designated agencies, where applicable, serve as agents of the state department and are charged with the administration of public assistance, and welfare and related activities in the respective counties in accordance with the rules of…

Colo. Rev. Stat. § 26-1-119 County staff

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The county director, with the approval of the county board, shall appoint such staff as may be necessary as determined by the state department rules to administer public assistance and welfare and child welfare activities within his or her county. Such staff shall be appointed an…

Colo. Rev. Stat. § 26-1-119.5 State and county departments - minimum requirements - state supervision - corrective action protocols - definitions - legislative declaration

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(1) (a) The general assembly finds and declares that: (I) Colorado currently operates a state-supervised, county-administered human services system in which counties deliver services directly to residents; (II) Consistent statewide performance requirements, including oversight an…

Colo. Rev. Stat. § 26-1-120 Merit system

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(1) On January 1, 2001, the merit system for the selection, retention, and promotion of employees of the county departments that has been operated by the state department pursuant to this section is abolished. Beginning on or after July 1, 1997, but no later than January 1, 2001,…

Colo. Rev. Stat. § 26-1-121 Appropriations - food distribution programs

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(1) (a) For carrying out the duties and obligations of the state department and county departments pursuant to this title 26 and for matching federal funds or meeting maintenance of effort requirements as may be available for public assistance and welfare activities in the state,…

Colo. Rev. Stat. § 26-1-122 County appropriations and expenditures - advancements - procedures

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(1) (a) Except as provided in subsection (6) of this section and section 26-1-122.5, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as shall be necessary to defray the county department's twenty percent shar…

Colo. Rev. Stat. § 26-1-122.3 Public assistance programs - county administration - data collection and analysis - vendor contract

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(1) (a) The state department shall contract with an external vendor to collect and analyze data relating to county department costs and performance associated with administering public assistance programs, including: (I) The supplemental nutrition assistance program, established …

Colo. Rev. Stat. § 26-1-122.5 County appropriation increases - limitations - definitions

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(1) Beginning in calendar fiscal year 1994 and for each calendar fiscal year thereafter to and including calendar fiscal year 1997, the board of county commissioners in each county of this state shall annually appropriate funds for the county share of the administrative costs and…

Colo. Rev. Stat. § 26-1-123 County social services fund

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(1) A fund to be known as the "county social services fund" is hereby created and established in each of the counties of the state of Colorado, which fund shall consist of such accounts as may from time to time be established pursuant to rules of the state board. (2) The county s…

Colo. Rev. Stat. § 26-1-124 County social services budget

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(1) As a part of the county budget and in conformity with the county budget law and the rules of the state board, a county social services budget shall be prepared by the county director and reviewed by the county board. (2) Before such budget is adopted by the board of county co…

Colo. Rev. Stat. § 26-1-126 County contingency fund - county tax base relief fund - creation

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(1) Repealed. (1.5) There is hereby created the county tax base relief fund, which shall be expended to supplement county expenditures for public assistance, as provided in this section. (2) Subject to available appropriations, the state department of human services or the state …

Colo. Rev. Stat. § 26-1-126.5 Effect of supreme court's interpretation of section 26-1-126, creating the county contingency fund for public assistance and welfare programs

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The general assembly hereby finds and declares that the Colorado supreme court decision entitled Colorado Department of Social Services v. Board of County Commissioners of the County of Pueblo and Samuel J. Corsentino, No. 83SA316, March 11, 1985, which interpreted section 26-1-1…

Colo. Rev. Stat. § 26-1-127 Fraudulent acts

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(1) Any person who obtains or any person who willfully aids or abets another to obtain public assistance or vendor payments or medical assistance as defined in this title 26 or child care assistance as described in part 1 of article 4 of title 26.5 to which the person is not enti…

Colo. Rev. Stat. § 26-1-127.5 Prevention of erroneous payments to prisoners - incentives

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(1) In the event the identifying information transmitted to the state department and the county departments pursuant to section 17-26-118.5 (2), C.R.S., results in the termination of benefits from any program administered by the state department or county departments, the state d…

Colo. Rev. Stat. § 26-1-129 Comprehensive information - packet of aged services and programs - implementation

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(1) The general assembly hereby finds and declares that, while numerous programs and services are available for the aged, their access to such programs and services is often fragmented due to a lack of knowledge and information, and, as a result, needs which could be met are not.…

Colo. Rev. Stat. § 26-1-130 Applications for licenses - authority to suspend licenses - rules - definitions

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(1) Every application by an individual for a license issued by the state department or any authorized agent of said department shall require the applicant's name, address, and social security number. (2) The state department or any authorized agent of the state department shall d…

Colo. Rev. Stat. § 26-1-132 Department of human services - rate setting - residential treatment service providers - monitoring and auditing - report

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(1) In conjunction with the group of representatives convened by the state department pursuant to section 26-5-104 (6)(e), (6)(g), and (6)(i) to review the rate-setting process for child welfare services, the state department shall develop a rate-setting process consistent with m…

Colo. Rev. Stat. § 26-1-133.5 Rental properties - fund created

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(1) The executive director is authorized to rent surplus facilities on the campuses of the various institutions operated by the state department so long as the rentals are not prohibited by contractual agreement, state law, or other legal restrictions on the state department's po…

Colo. Rev. Stat. § 26-1-134 Home- and community-based services for persons with developmental disabilities - cooperation

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It is the intent of the general assembly that the department of health care policy and financing and the state department cooperate to the maximum extent possible in designing, implementing, and administering the program authorized under part 4 of article 6 of title 25.5, C.R.S. …

Colo. Rev. Stat. § 26-1-135 Child welfare action committee - reporting - cash fund - created

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(1) As part of the work done by the governor's child welfare action committee, created by executive order B 006 08, the state department shall make periodic reports of findings and recommendations, including a report of the child welfare action committee's initial recommendations…

Colo. Rev. Stat. § 26-1-136 Persons in a department of human services facility - medical benefits application assistance - county of residence - rules

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(1) (a) Beginning as soon as practicable, but no later than January 1, 2009, no later than one hundred twenty days prior to release, state department facility personnel shall assist the following persons in applying for medical assistance pursuant to part 1 or 2 of article 5 of t…

Colo. Rev. Stat. § 26-1-136.5 Menstrual hygiene products for a person in custody - definition

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(1) A department of human services facility shall provide whichever menstrual hygiene products are requested by a person in the custody of a department of human services facility to the person in custody at no expense to the person in custody. The department of human services fac…

Colo. Rev. Stat. § 26-1-136.7 Opioid treatment for a person in custody - definitions

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(1) A state department facility may make available opioid agonists and opioid antagonists to a person committed to or placed within the facility with an opioid use disorder. The facility is strongly encouraged to maintain the treatment of the person throughout the duration of the…

Colo. Rev. Stat. § 26-1-136.8 Custody of a person with the capacity for pregnancy

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(1) A state department facility that has in its custody a person who is capable of pregnancy shall: (a) Train the facility's staff to ensure that a pregnant person receives safe and respectful treatment; (b) Develop administrative policies to ensure a trauma-informed standard of …

Colo. Rev. Stat. § 26-1-137 Persons committed to or placed in a department of human services facility - prohibition against the use of restraints on pregnant women

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(1) As used in this section, "facility staff" means the staff of a state department facility or facility supervised by the executive director. (2) Facility staff, in restraining a woman who is committed to or placed pursuant to this title or title 27, C.R.S., in a state departmen…

Colo. Rev. Stat. § 26-1-138 Memorandum of understanding - notification of risk - rules

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(1) On or before July 1, 2011, the department of human services and the department of education shall enter into a memorandum of understanding, pursuant to section 22-2-139, C.R.S., concerning the enrollment of students in the public school system from a state-licensed day treatm…

Colo. Rev. Stat. § 26-1-139 Child fatality and near fatality prevention - process - department of human services child fatality review team - reporting - rules - legislative declaration - definitions

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(1) The general assembly hereby finds and declares that: (a) It is of the utmost importance and a community responsibility to mitigate the incidents of egregious abuse or neglect, near fatalities, or fatalities of children in the state due to abuse or neglect. Professionals from …

Colo. Rev. Stat. § 26-1-141 Departments - report required - hepatitis and HIV tests - definitions

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(1) On or before December 31, 2019, the executive directors of the department of human services, the department of health care policy and financing, and the department of corrections shall submit a report to the public health care and human services committee and the health and i…

Colo. Rev. Stat. § 26-1-143 Managed care entity payments - definition

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(1) If a managed care entity receives federal funds or state money from the department of health care policy and financing and pays those funds or that money to the state department, the funds or money received by the state department is not included in the calculation of state f…

Colo. Rev. Stat. § 26-1-144 Continuous quality improvement

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(1) On or before September 1, 2026, the department of human services, in collaboration with the department of health care policy and financing and department of early childhood, and in consultation with the county departments, shall establish a continuous quality improvement proc…