(1) (a) Subject to the provisions of this section and restrictions in the federal law, those persons or families who may receive assistance under the Colorado works program include: (I) Dependent children under the age of eighteen; (II) (A) Dependent children between the ages of eighteen and nineteen who are full-time students in a secondary school, home school, or in the equivalent level of vocational or technical training and expected to complete the program before age nineteen. Such children are eligible for assistance through the end of the month in which they complete the program. A dependent child is still considered to be a student in regular attendance during official school or training program vacation periods, absences due to illness, convalescence, or family emergency, or the month in which the child completes a school or training program. (B) For purposes of this subparagraph (II), "regular attendance" means that the student is enrolled in a program of study or training leading to a certificate or diploma and is physically attending such program or training; "full-time attendance" means that the student is attending school for a minimum of twenty-five hours per week, or an amount of time as specified by the school; and "half-time attendance" means that the student is attending school for a minimum of twelve hours per week, or an amount of time as specified by the school; and (III) The parents of a dependent child, including expectant parents, or a specified caretaker with whom the dependent child is living. (a.5) In addition to the eligibility requirements set forth in paragraph (a) of this subsection (1), in order to receive Colorado works benefits and assistance, the assistance unit shall include a dependent child who lives in the home of a parent or other specified caretaker. A dependent child is considered to be living in the home of a specified caretaker as long as the parent or other specified caretaker exercises responsibility for the care of the child even though one or more of the following occurs: (I) The child is under the jurisdiction of the court; or (II) Legal custody is held by an agency that does not have physical possession of the child; or (III) The child is in regular attendance at school away from home; or (IV) Either the child or the specified caretaker is temporarily absent from the home to receive medical treatment; or (V) The child is in a voluntary foster care placement for a period not expected to exceed three months. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that two-parent families shall be treated the same as single- parent families under the provisions of this section. (c) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that half siblings residing in the same household not be required to be in the same assistance unit if at least one of the half siblings is receiving child support. In such circumstance, the half sibling receiving child support shall be given the option to not participate in Colorado works. (d) The state board shall promulgate rules to provide that a noncustodial parent may be allowed to receive services under the Colorado works program, but not assistance, at a county's option and in accordance with the county's plan. Such services provided to a noncustodial parent pursuant to this paragraph (d) shall be intended to promote the sustainable employment of the noncustodial parent and enable such parent to pay child support. Provision of such services shall not negatively impact the eligibility for benefits or services of the custodial parent. (1.5) To participate in the Colorado works program an applicant or person shall: (a) Be a resident of Colorado; (b) Be a citizen of the United States, a qualified alien who entered the United States prior to August 22, 1996, or a qualified alien who entered the United States on or after August 22, 1996, who has been in a qualified alien status for a period of five years or, if less than five years, is in a federal exempt category pursuant to 8 U.S.C. sec. 1613 (b), as amended; (c) Not be receiving financial assistance from other financial assistance programs administered by the state of Colorado; (d) Not be an inmate of a public institution, except as a patient in a public medical institution; (e) Not be an inmate of any institution as a patient admitted for tuberculosis or a behavioral or mental health disorder, unless the person is a child under the age of twenty-one years receiving psychiatric care under medicaid; (f) Not be participating in a labor strike; (g) Provide a social security number or proof of application for a social security number if the social security number is unknown or if the applicant does not have a social security number; (h) Provide verification of earned income received in the thirty days immediately prior to the date of application; and (i) Provide verification of pregnancy, if applicable. (2) (a) The state department shall promulgate rules to identify with specificity who may be a participant in the works program and the income requirements for participation in the works program. An asset test shall not be applied as a condition of eligibility for participation in the works program. (b) The rules shall provide that an unmarried parent under eighteen years of age shall not receive assistance unless such unmarried parent resides with his or her parent or other specified caretaker in an adult-supervised home or in any other arrangement approved by the county department. (c) In determining the income requirements pursuant to subsection (2)(a) of this section, the state department shall use an income conversion ratio for converting weekly and biweekly income to a monthly amount using the lowest ratio or methodology that results in the lowest monthly income amount allowable under federal law. (3) A person convicted of a drug-related felony offense under the laws of this state, any other state, or the federal government on or after June 3, 1997, is eligible for assistance under the works program. (4) The state board shall promulgate rules to simplify the requirements relating to determination and verification of eligibility criteria. Eligibility processes from other public assistance or entitlement programs may be used when redetermining and verifying eligibility. When possible, the state board is strongly encouraged to align redetermination and verification timelines with other public assistance or entitlement programs. Nothing in this subsection (4) authorizes the state board to amend or delete eligibility criteria for participation in the works program that the board is not otherwise authorized to amend or delete. (5) and (6) (Deleted by amendment, L. 2010, (SB 10-068), ch. 160, p. 549, § 3, effective January 1, 2011.)
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