9 Colo. Code Regs. § 2503-6-3.602

Current through Register Vol. 47, No. 7, April 10, 2024

Section 9 CCR 2503-6-3.602 - Applications for Colorado Works

3.602.1Applications

A. An individual shall have the opportunity to apply for Colorado Works assistance without delay.

When an individual is unable to make an application in person at the county department, the county department, upon request of the applicant, shall mail the State Department's prescribed public assistance application form or assist the individual in applying for assistance utilizing other forms of the State Department's prescribed application.

1. County departments shall not require any pre-eligibility screening process designed to deter individuals from applying for Colorado Works benefits, services, and/or payment. All applications shall be accepted by the county department and entered into the statewide automated system to determine the applicants' eligibility for the program.

2. County departments shall accept applications for Colorado Works during normal business hours. They shall not be restricted to a certain day or time of day. County departments shall not refer applicants to community resource providers in place of allowing them to apply for Colorado Works benefits or otherwise limiting opportunities to apply for Colorado Works. In addition, county departments shall accept applications at all Human/Social Services departments for public assistance locations. The application date shall be the date that the application is received in the public assistance office.

3. If the applicant wishes to terminate the process before the application is completed, it shall be treated as an "inquiry" and the application will not be acted upon for a determination of eligibility. An inquiry is a request of information about eligibility requirements for public assistance. If the applicant wishes to terminate the process after the application is submitted, it shall be treated as a "withdrawal/denial."

4. An applicant may choose to withdraw his or her application anytime during the application process or after a grant payment is determined. A decision by the applicant to withdraw shall be treated as a denial by the county department. The applicant shall be notified of the action of the county department on the State-approved Notice of Action form.

B. Administrative Review

All Colorado Works clients whose benefits have been denied, reduced or terminated shall receive timely and adequate notice of the denial or change in benefits in accordance with section 3.609.1 . In addition, the client shall have the right to appeal a county department's action in accordance with State rules pursuant to Section 3.609.7 . A Colorado Works client receiving basic cash assistance shall have benefits continued if an appeal is filed timely in accordance with rules at Section 3.609.2.E.2.

C. General information concerning public assistance programs shall be provided to all persons seeking information. This shall be provided in writing by the county department. In addition, verbal notice shall be provided to all persons seeking information when requested. Available information shall include:

1. Information about the Colorado Works Program;

2. Conditions of eligibility;

3. Scope of benefits;

4. Time limits;

5. Related services available;

6. Domestic violence waivers; and,

7. Rights and responsibilities of clients.

D. The county department shall ensure that no information concerning a client is released without authorization except as outlined in E.2.i below. In circumstances when a client needs assistance with the application process, information shall not be released by the county department to the assisting individual(s) unless the individual is accompanied by the client, or is the client's authorized representative, or a written authorization to release information is obtained from the client. Upon request, the county department shall provide assistance in completing the application form.

When a client is a person with disabilities and is unable to complete the forms the spouse, other relative, friend, or authorized representative may complete the forms. When no such person is available to assist in these situations, the county department must assist the client in the completion of the necessary forms. The county department also may refer the client to a legal or other resource. The county shall provide reasonable accommodations under the Americans with Disabilities Act for disabled clients. The county department shall make referral to the Social Security Administration (SSA) office for all aged, disabled, or blind clients that may be eligible to receive SSA benefits. However, this shall not negate the county department's responsibility to obtain and process the application. In the event that a client needs assistance in submitting and completing an application, the individual providing this assistance is not considered to be the authorized representative unless the required prescribed or approved State form has been signed indicating such authority for the individual to be the authorized representative on the case.

Applications for clients in special situations shall be handled as follows:

1. Clients who cannot write their names shall make a mark, and such mark shall be witnessed by the signature of at least one witness. The printed name and address of such witness shall follow the signature. County workers may act as witnesses if not related to the client.

2. A client receiving medical treatment in a medical facility shall submit an application to the county department in which the facility is located. When a county department receives an application for a client whose place of residence is in another county, the application shall be forwarded to that county department for processing. When a client has no determinable county of residence, the county department in which the facility is located shall process the application.

3. An application for a client in a public institution shall be processed by the county department where the client has established residence or the county in which the court is located which issued a confinement order. When the application process is completed, the case shall become the responsibility of the county department in which the institution is located.

4. All clients' rights shall be preserved. The signed release of information form/authorization to release information form may be used only for the entities/agencies for which it is intended. No subset of that agency or legal entity attached to that agency shall be included in the authorization to release information unless specified by the client.

E. Receiving Applications for Colorado Works Benefits

1. When receiving applications for benefits, county workers shall:

a. Record the date the signed application was received by the county department.

b. Review applications for completeness and determine eligibility for assistance;

c. Schedule an interview with the client if the interview is not taking place immediately.

1) The client shall be offered an in-person interview at redetermination. if the client does not elect an in-person interview, the county shall schedule and conduct a phone interview.

2) The client shall be provided written notice of the interview at least four (4) calendar days of the scheduled interview. The client may provide a written or verbal waiver that written notice of the scheduled interview is not necessary when the county department is able to conduct the interview during application processing. Notice shall include:

a) The date and time for the interview;

b) Identification of any documentation that may be needed;

c) The opportunity to reschedule the appointment or make other arrangements in the event of good cause.

3) When the client does not keep the interview appointment and does not request an alternate time or arrangement, as described in this section, grant payments will be denied.

d. Make a home visit when required by county policy to determine a county approved setting for a minor client; and,

e. Refer the client to other services when appropriate. Applications that have been approved for refugees shall be referred to the Colorado Refugee Services Program for other ongoing case management and services offered through Colorado Works.

2. The application process shall consist of all activity from the date the application is received from the client until a determination concerning eligibility is made. Language translation via interpreter shall be provided by the county department of residence as needed. The major steps in the application process shall include:

a. The application shall be date stamped by the county department to secure the application date for the client;

b. An explanation shall be provided to the client of the various benefit options;

c. An explanation shall be provided to the client of the eligibility factors;

d. An explanation shall be provided to the client of the client's responsibility to accurately and fully complete the application, provide documents to substantiate or verify eligibility factors, and that the client may use friends, relatives, or other persons to assist in the completion of the application;

e. An assurance shall be provided to the client of the county worker's availability to assist in the completion of the application and to secure needed documentation which the client is unable to otherwise secure;

f. An explanation shall be provided to the client of the process to determine eligibility;

g. An explanation shall be provided to the applicant of the client's rights and responsibilities including confidentiality of records and information, the right to non-discrimination provisions, the right to a county dispute resolution process, the right to a State-level appeal, the right to apply for another category of assistance and that a determination of the client's eligibility for such other assistance will be made;

h. An explanation shall be provided to the client that the client may withdraw from the application process at any time.

i. The agency shall inform all clients in writing at the time of application that the agency will use all Social Security Numbers (SSN) of required household members to obtain information available through state identified sources. One interface includes, but is not limited to, the Income and Eligibility Verification System (IEVS) used to obtain information of income, eligibility, and the correct amount of assistance payments. Information gathered through State identified sources may be shared with other assistance programs, other states, the Social Security Administration, the Department of Labor and Employment, and the Child Support Services Program as permitted by Section 26-1-114, C.R.S.; and,

j. An explanation shall be provided to the client of all Colorado Works program benefits and requirements applicable to the family members in the household. The county department shall, when appropriate, provide the information verbally and in written form.

k. An explanation provided regarding the process of utilizing the Electronic Benefit

Transfer (EBT) card. This explanation shall include:

1) Identification of the following establishments as described in Section 26-2-104(2), C.R.S. in which clients shall not be allowed to access cash benefits through the Electronic Benefits Transfer services from automated teller machines and point of sale (POS) devices:

a) Licensed gaming establishments as defined in Section 44-30-103(18), C.R.S.;

b) In-state simulcast facilities as defined in 44-32-102(11), C.R.S.;

c) Tracks for racing as defined in Section 44-32-102(24), C.R.S.;

d) Commercial bingo facilities as defined in Section 24-21-602(11);

e) Stores or establishments in which the principal business is the sale of firearms;

f) Retail establishment licensed to sell malt, vinous, or spirituous liquors except for liquor-licensed drug stores as defined in Section 44-3-410, C.R.S.;

g) Establishments licensed to sell medical marijuana or medical marijuana-infused products, or retail marijuana or retail marijuana products; and,

h) Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

2) An explanation that the cash portion issued on the EBT card may be suspended with identified misuse of the EBT card at the above prohibited locations.

3. An application has been made when the county department receives the signed public assistance application forms meeting the criteria identified in Section 3.602.1.F . An application is different from an inquiry.

4. An application must be accepted by any county department; however, it is the responsibility of the county of residence to determine eligibility. The county department that received the application incorrectly shall forward the application to the county of residence promptly.

5. An application may be submitted by the client or by an individual acting on the client's behalf when the client is unable to submit an application.

6. To be accepted, applications for Colorado Works can only be made by a caretaker with whom a dependent child(ren) is living.

F. Minimum Application Requirements

1. The county department shall require a written application, signed under penalty of perjury, using the State Department's prescribed public assistance form.

2. The application form shall be used as the primary source of information. To be considered complete, the application shall contain, at a minimum, the name of the client, signature of the client or authorized representative, and an address for the client which can include general delivery or a county office. If an address is not provided, another means of contact such as phone number or email address must be utilized to obtain an address.

3. The date of application shall be the first working day the county department receives a signed application form, which indicates the client's desire to receive public assistance. The application must be date stamped with the date the county department receives the signed application to secure the application date.

G. Information Sharing

There are public assistance programs that are to be jointly administered by county departments. This requires sharing of information to the extent permitted by Section 26-1-114, C.R.S. Communications from one division to the other shall be formalized so that they serve a purpose, and there is a record of that purpose.

H. Confidentiality

Information regarding families shall remain confidential and available only for the purposes authorized by federal or State law as described in Section 3.609.73, Protections to the Individual.

I. Processing Standard

The county department shall process applications as expeditiously as possible but no later than forty-five (45) calendar days following the application date as described in Section 3.602.1.F.3.

1. The county department shall consider an application for Colorado Works to be an application for all programs of public assistance, except for child welfare services, for which the client has requested assistance. County departments shall make clients aware of other services and assistance under other public assistance programs that they may be eligible.

2. The determination should be followed by a written notification of eligibility status to the client. Clients who refuse to cooperate in completing the application processes shall be denied based upon timely noticing in accordance to Section 3.609.1 . In cases where verification is incomplete, the county department shall provide the client with a statement of required verification on the State prescribed notice form and offer to assist the client in obtaining the required verification. The county department shall allow the client eleven (11) calendar days to provide the missing verifications, unless the client can provide good cause or the verification falls under the programs verification at an individual level described in Section 3.604.3 . If good cause is provided, the client shall have until the twentieth (20th) calendar day following the date of application to provide the necessary verification. The State prescribed notice form shall reflect specific months of eligibility and ineligibility.

3. Following a determination of ineligibility, applications remain valid for a period of thirty (30) calendar days.

a. If the client has good cause and notifies the county department that he/she is requesting benefits within thirty (30) calendar days of the denial, the county department shall reschedule the interview if not already completed, and the current application date shall be used.

b. If the client does not have good cause and notifies the county department that he/she is requesting benefits, and the request is made within thirty (30) calendar days of the current application, that application can be used, but the date of application shall be the most recent date the client requested benefits.

c. If the client requests benefits more than thirty (30) days from the date of the denial, they must submit a new application, unless good cause is provided within ninety (90) days.

4. County departments shall require no more than one interview for a Colorado Works client. When an interview is conducted, the county worker shall review the application for completeness and secure, if necessary, signed copies of the Authorization for Release of Information form, and any other forms or documentation necessary to determine eligibility.

J. Information Concerning Immunizations

At the time of application, the county department shall provide information concerning immunizations to all clients seeking benefits through the Colorado Works program. The information shall include parent education of vaccines, information concerning where to access vaccines in the local community, and the exemptions listed in Section 25-4-903, C.R.S. The Department of Public Health and Environment or the County or District Public Health Agency shall provide the immunization information to the county department for this purpose.

K. Reporting Case Actions

1. "Denied," is the action that the county shall take when the client fails to meet the eligibility requirements of the category of assistance desired. A denial also may be on the basis of such factors as, but not limited to:

a. The client refuses to furnish information necessary to determine eligibility;

b. The client is unwilling to have the county department contact a collateral source to secure information, and the client refuses to sign the State-approved Authorization for Release of Information form;

c. The client does not supply information or otherwise fails to cooperate with the county department within ten (10) calendar days of the request for information unless good cause is granted and after having received notification of the reason for delay;

d. The client moves to an unknown address before determination of eligibility has been completed;

e. A third-party refuses to provide documentation of essential verifications and the client is unwilling to cooperate in obtaining such information personally.

1) Authorization of the release of such information alone does not constitute cooperation if the county department requests further assistance from the client. Documentation of lack of cooperation must be entered by the county in the case record.

2) However, if the client is willing to cooperate but unable to obtain the information, no denial or delayed determination of eligibility shall occur. The county shall assist the client in gaining the information required to make a determination of eligibility.

2. A decision by the client to "withdraw," shall be treated as a denial by the county department.

3.602.2Right and Opportunity to Register to Vote

A client for public assistance shall be provided the opportunity to register to vote. The county department shall provide public assistance clients the prescribed voter registration application at application and redetermination for public benefits.

9 CCR 2503-6-3.602

37 CR 17, September 10, 2014, effective 10/1/2014

38 CR 11, June 10, 2015, effective 7/1/2015

38 CR 15, August 10, 2015, effective 9/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 19, October 10, 2016, effective 11/1/2016

40 CR 03, February 10, 2017, effective 2/14/2017

40 CR 17, September 10, 2017, effective 10/1/2017

41 CR 15, August 10, 2018, effective 9/1/2018

40 CR 23, December 10, 2017, effective 12/30/2018

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 13, July 10, 2020, effective 8/1/2020

43 CR 23, December 10, 2020, effective 1/1/2021

44 CR 21, November 10, 2021, effective 3/1/2022

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 13, July 10, 2022, effective 6/3/2022

45 CR 15, August 10, 2022, effective 8/30/2022

46 CR 09, May 10, 2023, effective 6/1/2023