Colorado Code § 26-1-109

Cooperation with federal government - grants-in-aid
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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 the aging in cooperation
with the federal government; the Colorado works program; and any other state plan relating to
such public assistance and welfare that requires state action that is not specifically the
responsibility of some other state department, division, section, board, commission, or
committee under the provisions of federal or state law.
(2) (a) The state department of human services may accept on behalf of the state of
Colorado the provisions and benefits of acts of congress designed to provide funds or other
property for particular public assistance and welfare activities within the state, including but not
limited to assistance payments; food stamps; social services; child welfare services;
rehabilitation; and programs for the aging; which funds or other property are designated for such
purposes within the function of the state department, and may accept on behalf of the state any
offers which have been or may from time to time be made of funds or other property by any
persons, agencies, or entities for particular public assistance and welfare activities within the
state, which funds or other property are designated for such purposes within the function of the
state department; but, unless otherwise expressly provided by law, such acceptance shall not be
manifested unless and until the state department has recommended such acceptance to and
received the written approval of the governor and the attorney general. Such approval shall
authorize the acceptance of the funds or property in accordance with the restrictions and
conditions and for the purpose for which funds or property are intended.
(b) The state treasurer is designated as ex officio custodian of all public assistance and
welfare funds received by the state from the federal government and from any other source, if
the approval provided for in paragraph (a) of this subsection (2) has been obtained.
(c) The state treasurer shall hold each such fund separate and distinct from state funds
and is authorized to make disbursements from such funds for the designated purpose or for
administrative costs, which may be provided in such grants, upon warrants issued by the state
controller upon the voucher of the state department.
(3) The state department shall cooperate with the federal department of health,
education, and welfare and other federal agencies in any reasonable manner, in conformity with
the laws of this state, which may be necessary to qualify for federal aid, including the
preparation of state plans, the making of reports in such form and containing such information as
any federal agency may from time to time require, and the compliance with such provisions as
the federal government may from time to time find necessary to assure the correctness and
verification of the reports.
(4) In administering any funds appropriated or made available to the state department for
public assistance and welfare activities, the state department has the power to:
(a) Require as a condition for receiving grants-in-aid that each county in this state shall
bear the proportion of the total expense of furnishing public assistance and food stamps as is
fixed by law relating to such assistance;
(b) Terminate any grants-in-aid to any county of this state if the laws and regulations
providing such grants-in-aid and the minimum standards prescribed by rules of the state
department thereunder are not complied with;
(c) Undertake forthwith the administration of any or all public assistance and food stamp
activities within any county of this state which has had any or all of its grants-in-aid terminated
pursuant to paragraph (b) of this subsection (4); but the county shall continue to meet the
requirements of paragraph (a) of this subsection (4);
(d) Recover any moneys owed by a county to the state by reducing the amount of any
payments due from the state in connection with any program or activity;
(e) Take any other action which may be necessary or desirable for carrying out the
provisions of this title.
(4.5) In addition to the powers granted the state department in subsection (4) of this
section, the state department shall take necessary measures to obtain increased federal
reimbursement money available under the Title IV-E program created under the federal "Social
Security Act", as amended, based on the out-of-home placements, foster care prevention
services, as defined in section 26-5.4-102 (1), and alternative care treatment by county
departments of children eligible for Title IV-E federal assistance, which money shall be
allocated to county departments in proportion to each county's eligible placements, to help
defray program costs. Nothing in this subsection (4.5) shall be construed to allow counties to
continue to receive an amount equal to the increased funding in the event the said funding is no
longer available from the federal government.
(5) The rules of the state department may include provisions to accommodate
requirements of contracts entered into between the state department and the federal department
of health, education, and welfare for studies of guaranteed annual income or other forms of
income maintenance research projects; and for such purpose the requirements of this title as to
eligibility for public assistance shall not apply for the term of and in accordance with the
contract for such purpose. No program shall be initiated or carried out under the authorization
contained in this subsection (5) in a manner that will increase the welfare burden upon any
county or city and county, and, if such a program is conducted in the Denver area, it shall be
conducted within an area no smaller than the Denver S.M.S.A. (standard metropolitan statistical
area) as defined by the United States bureau of the census.
(6) to (9) Repealed.

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