Colo. Rev. Stat. § 24-1-120

Current through 11/5/2024 election
Section 24-1-120 - Department of human services - creation
(1) 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 governor shall appoint the executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(2) Except as otherwise provided in title 26, the powers, duties, and functions of the department of human services include the powers, duties, and functions of the former department of social services and the former department of institutions, and the department of social services and the department of institutions are abolished.
(3) The powers, duties, and functions of the department of human services include the powers, duties, and functions of the former state board of social services, created in article 1 of title 26, which is renamed as the state board of human services. The state board of human services is a type 1 entity, as defined in section 24-1-105.
(4) Unless otherwise transferred to the department of early childhood, department of health care policy and financing, or the department of public health and environment, the department of human services exercises the following powers and performs the following duties and functions:
(a) The powers, duties, and functions relating to public assistance and welfare;
(b) and (c) Repealed.
(5) The department of human services includes the following:
(a) The Colorado commission on the aging, created pursuant to section 26-11-101, and the office of the director of the commission, created pursuant to section 26-11-104, which are type 2 entities, as defined in section 24-1-105, and which exercise their powers and perform their duties and functions under the department of human services.
(b) The Colorado veterans community living center at Homelake, created pursuant to section 26-12-203, which is a type 2 entity, as defined in section 24-1-105.
(c) The Colorado veterans community living centers, created in part 2 of article 12 of title 26, which are type 2 entities, as defined in section 24-1-105.
(d) Repealed.
(e) The powers, duties, and functions regarding the state information agency pursuant to the "Uniform Interstate Family Support Act", created in article 5 of title 14.
(f) The state office on aging, created in part 2 of article 11 of title 26. The state office on aging is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(g) The adoption intermediary commission, created in part 3 of article 5 of title 19. The adoption intermediary commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(h) The Colorado commission for the deaf, hard of hearing, and deafblind, created in article 21 of title 26. The Colorado commission for the deaf, hard of hearing, and deafblind is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(i) and (j) Repealed.
(k) The board of commissioners of veterans community living centers, created in section 26-12-402. The board of commissioners of veterans community living centers is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(l) Repealed.
(m) The early childhood leadership commission created by part 3 of article 1 of title 26.5.
(6) The department consists of the following divisions, units, offices, and boards:
(a) and (b) Repealed.
(c) The juvenile parole board, created pursuant to section 19-2.5-1201. The juvenile parole board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services as a division thereof.
(d) Repealed.
(e) The division of youth services, created pursuant to section 19-2.5-1501, and the office of the director of the division of youth services are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of human services.
(f) The behavioral health administration established in article 50 of title 27. The behavioral health administration and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services.
(7) The department of human services shall supervise and control the following institutions, all of which are type 2 entities, as defined in section 24-1-105:
(a) Colorado mental health institute at Pueblo;
(b) Wheat Ridge regional center;
(c) Grand Junction regional center;
(d) Pueblo regional center;
(e) Lookout Mountain school at Golden;
(f) Mount View school at Morrison;
(g) Colorado mental health institute at Fort Logan, in Denver;
(h) Adams youth services center at Brighton;
(i) Gilliam youth services center at Denver;
(j) Grand Mesa youth services center at Grand Junction;
(k) Pueblo youth services center;
(l) Zebulon Pike youth services center at Colorado Springs;
(m) Lookout Mountain youth services center at Golden;
(n) Mount View youth services center at Denver;
(o) Lathrop Park youth camp at Walsenburg.
(8) The Colorado developmental disabilities council, created in part 2 of article 10.5 of title 27, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(9) The Colorado brain injury trust fund board, created in section 26-1-302, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(10) Repealed.
(11) The Tony Grampsas youth services board, created in section 26-6.8-103, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.
(12) The office of the ombudsman for behavioral health access to care, created in section 27-80-303, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of human services.

C.R.S. § 24-1-120

Amended by 2023 Ch. 206,§ 5, eff. 5/16/2023.
Amended by 2022 Ch. 469,§ 227, eff. 8/10/2022.
Amended by 2022 Ch. 469,§ 63, eff. 8/10/2022.
Amended by 2022 Ch. 222, § 49, eff. 7/1/2022.
Amended by 2022 Ch. 123, § 61, eff. 7/1/2022.
Amended by 2022 Ch. 5, § 1, eff. 3/1/2022.
Amended by 2021 Ch. 307, § 7, eff. 7/1/2022.
Amended by 2021 Ch. 136, § 104, eff. 10/1/2021.
Amended by 2021 Ch. 335, § 4, eff. 9/7/2021.
Amended by 2020 Ch. 216, § 43, eff. 6/30/2020.
Amended by 2019 Ch. 178, § 12, eff. 8/2/2019.
Amended by 2018 Ch. 303, § 9, eff. 8/8/2018.
Amended by 2018 Ch. 252, § 2, eff. 8/8/2018.
Amended by 2017 Ch. 381, § 50, eff. 6/6/2017.
Amended by 2017 Ch. 263, § 16, eff. 5/25/2017.
Amended by 2015 Ch. 160, § 4, eff. 7/1/2016 ((4)(b)(II) added by revision).
Amended by 2014 Ch. 59, § 2, eff. 8/6/2014.
Amended by 2013 Ch. 316, § 47, eff. 8/7/2013.
Amended by 2013 Ch. 169, § 20, eff. 7/1/2013.
L. 68: p. 83, § 20. L. 69: p. 1188, § 4. C.R.S. 1963: § 3-28-20. L. 71: p. 104, § 10. L. 73: pp. 1223, 1508, §§ 13, 14, 2. L. 78: (3) added, p. 265, § 61, effective May 23. L. 85: (4)(d) added, § 4, effective May 29. L. 86: (1) amended, p. 885, § 7, effective May 23. L. 89: (4)(b) amended, p. 1235, § 12, effective April 6; (5) added, p. 1549, § 2, effective July 1. L. 91: (4)(e) added, p. 890, § 15, effective June 5. L. 92: (5) repealed, p. 2136, § 2, effective July 1. L. 93: Entire section R&RE, p. 1092, § 7, effective 7/1/1994. L. 94: (4)(c) added, p. 2606, § 6, effective July 1; (6)(d) amended, p. 2555, § 49, effective 1/1/1995. L. 96: (6)(b) and (6)(c) amended and (6)(e) added, p. 1694, § 32, effective 1/1/1997. L. 2000: (5)(h) added, p. 1628, § 3, effective June 1. L. 2001: (4)(c) amended, p. 251, § 5, effective March 29; (4)(c) repealed and (5)(e) amended, pp. 1287, 1272, §§ 83, 28, effective June 5. L. 2002: (6)(d) amended, p. 666, § 13, effective May 28; (5)(c), (6)(d), and (8) amended, p. 1022, § 39, effective June 1; (6)(a) repealed, p. 357, § 11, effective July 1; (6)(d) amended, p. 1919, § 10, effective July 1; (9) added, p. 1609, § 2, effective 1/1/2003. L. 2004: (5)(i) added, p. 861, § 2, effective May 21; (9) amended, p. 1200, § 60, effective August 4. L. 2005: (5)(j) added, p. 599, § 1, effective July 1. L. 2007: (5)(k) added, p. 441, § 2, effective July 1; (5)(l) added, p. 1221, § 2, effective August 3. L. 2008: (6)(b) repealed, p. 1105, § 9, effective July 1. L. 2009: (9) amended, (SB 09-005), ch. 591, p. 591, § 10, effective April 20; (5)(b) amended, (SB 09-056), ch. 785, p. 785, § 5, effective April 22. L. 2010: IP(6) and (6)(d) amended, (SB 10-175), ch. 794, p. 794, § 50, effective April 29. L. 2011: (5)(b) amended, (HB 11-1303), ch. 1163, p. 1163, § 53, effective August 10. L. 2012: (5)(b) amended, (HB 12-1063), ch. 537, p. 537, § 5, effective May 3. L. 2013: (5)(m), (10), and (11) added, (HB 13-1117), ch. 588, p. 588, § 20, effective July 1; (5)(k) amended, (HB 13-1300), ch. 1680, p. 1680, § 47, effective August 7. L. 2014: (5)(b), (5)(c), and (5)(k) amended, (SB 14 -096), ch. 262, p. 262, § 2, effective August 6. L. 2015: (4)(b)(II) added by revision, (SB 15-239), ch. 160, pp. 487, 490, §§ 4, 14. L. 2017: IP(6) and (6)(d) amended, (SB 17-242), ch. 1256, p. 1256, § 16, effective May 25; IP(6) and (6)(e) amended, (HB 17-1329), ch. 1980, p. 1980, § 50, effective June 6. L. 2018: (5)(h) amended, (HB 18-1108), ch. 1836, p. 1836, § 9, effective August 8; (12) added, (HB 18-1357), ch. 1551, p. 1551, § 2, effective August 8. L. 2019: (9) amended, (HB 19-1147), ch. 2033, p. 2033, § 12, effective August 2. L. 2020: (5)(i) amended, (HB 20-1402), ch. 1050, p. 1050, § 43, effective June 30.

(1) Amendments to subsection (6)(d) by Senate Bill 02-057, House Bill 02-1229, and Senate Bill 02-159 were harmonized.

(2) Subsection (5)(j)(II) provided for the repeal of subsection (5)(j), effective July 1, 2007. (See L. 2005, p. 599.)

(3) Subsection (5)(l)(II) provided for the repeal of subsection (5)(l), effective July 1, 2012. (See L. 2007, p. 1221.)

(4) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2016. (See L. 2015, p. 487.)

(5) Amendments to subsection IP(6) by SB 17-242 and HB 17-1329 were harmonized.

(6) Amendments to subsection IP(4) by SB 22-162 and HB 22-1295 were harmonized.

(7) Subsection (10) was amended in SB 22-162. Those amendments were superseded by the repeal of subsection (10) in HB 22-1295.

2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

(1) For the designation of the state department of human services as the state information agency for enforcement of support, see §§ 14-5-310 and 26-13-109; for the Colorado board of veterans affairs, see article 5 of title 28; for the Colorado commission on the aging, see article 11 of title 26; for the Trinidad state nursing home, see part 2 of article 12 of title 26; for the Colorado state veterans center, see part 2 of article 12 of title 26. (2) For the legislative declaration contained in the 2002 act repealing subsection (6)(a), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsections (5)(m), (10), and (11), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. (3) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.