Colo. Rev. Stat. § 26-1-118

Current through 11/5/2024 election
Section 26-1-118 - Duties of county departments, county directors, and district attorneys
(1)
(a) The county departments or other state designated agencies, where applicable, shall 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 the state department.
(b) The county departments or other state designated agencies, where applicable, shall serve as agents of the department of early childhood and are charged with the administration of child care assistance and related activities in the respective counties in accordance with the rules of the department of early childhood.
(2) The county departments or other state designated agencies, where applicable, shall report to the state department and the department of early childhood at such times and in such manner and form as the state department and the department of early childhood may from time to time direct. The state department and the department of early childhood may require a county department to report information concerning county employees, including but not limited to qualifications, work schedules, pay, duties, evaluations, training, and corrective and disciplinary actions. A county department may provide the information by use of a unique identifier for each employee that provides the information without identifying the name of the employee. However, nothing in this section prevents access by the state department or the department of early childhood to individual employee files, to the extent permitted by state and federal law, for purposes of carrying out the responsibility of the state department for the supervision and administration of programs funded in whole or in part by the state department or for purposes of carrying out the responsibility of the department of early childhood for the supervision and administration of child care assistance. The state department and the department of early childhood shall maintain the confidentiality of such records in a manner consistent with state and federal law.
(2.5) Repealed.
(3) The county department or other state designated agencies, where applicable, in each county shall submit quarterly and annually to the board of county commissioners a budget containing an estimate and supporting data setting forth the amount of money needed to carry out the provisions of this title.
(4) When appointed by a court of competent jurisdiction and consistent with state department rules and regulations, the county director shall perform under the supervision of such court the function of officer or agent of the court in any social services matters which may be before it.
(5) The county department may receive for placement in foster care any child upon agreement of his parent, his guardian, or any other person having legal custody of such child. Such agreements, provided for in this subsection (5), shall be in writing and on forms prescribed by the state department and may contain any proper and legal provisions for proper care of the child and such other provisions as may be considered necessary by the state department.
(6) The county department shall report, to the district attorney monthly, data relating to fraudulent activities covering, as a minimum, the activities specified in paragraphs (a), (b), and (d) of this subsection (6), and the district attorney shall likewise report, monthly to the county department, the data specified in paragraph (c) of this subsection (6), as follows when applicable:
(a) Investigations (including welfare and district attorney cases accepted for fraud investigation during the month);
(b) Welfare action - assistance denials and assistance reductions;
(c) District attorney action:
(I) Criminal complaints requested during the month;
(II) Criminal complaints declined during the month;
(III) Cases dismissed during the month;
(IV) Cases acquitted during the month;
(V) Convictions during the month;
(VI) Confessions of judgments (notes);
(d) Recoveries:
(I) Fines and penalties ______ (in dollars);
(II) Restitutions ordered ______ (in dollars);
(III) Restitutions collected ______ (in dollars).
(7) The counties may prepare and issue to all payees, excluding heads of households in nonpublic assistance food stamp cases, at the time of delivery of any public assistance, a hermetically sealed photo identification card which is manufactured in such a secure manner as to resist duplication or intrusion and containing the full name, a card identification number, and any other data which would insure proper identification. A county department shall refer to the appropriate law enforcement agency for investigation, within ten working days after discovery, any information it may have concerning the improper use of a photo identification card by a person not eligible to possess such card.
(8) Starting in the calendar year 1979, no less than eight hours of fraud prevention training shall be given to all eligibility technicians, caseworkers, resource investigators, homemakers, supervisors, and such other persons within the county department as the county director deems necessary, who have not previously received such training. Such training shall be conducted by a law enforcement agency or its appropriate professional association.
(9) Repealed.

C.R.S. § 26-1-118

Amended by 2022 Ch. 123, § 86, eff. 7/1/2022.
L. 73: R&RE, p. 1171, § 1. C.R.S. 1963: § 119-1-17. L. 75: (5) added, p. 894, § 1, effective July 14. L. 77: (6) to (9) added, p. 1332, § 2, effective 1/1/1978. L. 79: (8) R&RE, p. 1092, § 1, effective May 22; (9) repealed, p. 1093, § 2, effective June 21. L. 89, 1st Ex. Sess.: (2.5) added, p. 38, § 3, effective July 25. L. 91: (1), (2), and (3) amended, p. 1896, § 6, effective July 1. L. 97: (2.5) repealed, p. 1221, § 6, effective July 1. L. 2008: (2) amended, p. 1527, § 3, effective May 28. L. 2010: (7) amended, (HB 10 -1422), ch. 419, p. 2115, § 153, effective August 11.

For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 327, Session Laws of Colorado 2008.