8 Colo. Code Regs. § 1403-1-3.145

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1403-1-3.145 - CHILD CARE RECOVERY

When the counties or their designee have determined that an adult caretaker(s) or teen parent(s) has received public assistance for which he or she was not eligible due to an increase in household income that causes the household's income exceeds eighty-five percent (85%) of the State median income; or a change in the qualifying eligible activity that was not reported within four (4) weeks of its occurrence; or a child care provider has received child care payments they were not eligible for:

A. The county, or its designee(s), must determine if the overpayment is to be recovered. Exception from recovery includes:

1. The household is without fault in the creation of the overpayment; and,

2. The household has reported any increase in income or change in resources or other circumstances affecting the household's eligibility within the timely reporting requirements for the program.

B. The county or its designee must determine whether there was willful misrepresentation and/or withholding of information and considers or rules out possible fraud;

C. The county or its designee must determine the amount of overpayment;

D. The county or its designee must notify the household or child care provider(s) of the amount due and the reason for the recovery using the timely written notice rules; and

E. The county or its designee must enter the amount of the overpayment and other specific factors of the situation in the case record, including the calculation used to determine the recovery amount.

8 CCR 1403-1-3.145

46 CR 21, November 10, 2023, effective 10/1/2023, exp. 1/27/2024 (Emergency)

46 CR 22, November 25, 2023, effective 12/15/2023

47 CR 13, July 10, 2024, effective 7/30/2024