Tracking# 2009-0xxxx
Emergency adoption 12/4/09, eff. 12/4/09

I:/09100801.rtf
[I:/09100801.doc]

(9 CCR 2503-1)

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Revision of Sections 3.600.12, 3.612.1, and 3.711.11 were adopted on an emergency basis at the 12/4/2009 State Board rule-making session, with an effective date of 12/4/2009 (Rule-making#’ 09-10-8-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.

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3.600.12  Participation Criteria [Rev. eff. 12/4/09]
To participate in the Colorado Works Program, an applicant or participant must:
A.  Be a resident of Colorado. There shall be no durational residence requirement and an individual who establishes intent to remain in Colorado shall be considered a resident. Residence shall be retained until abandoned. Persons receiving TANF assistance from another state shall not be eligible for TANF/Colorado Works cash assistance during any month an assistance payment was made by the other state: and,
1.  A citizen of the United States; or,
2.  A Qualified Legal Alien who entered the United States prior to August 22, 1996; or,
3.  A Qualified Legal 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 the federal "Personal Work Opportunity Reconciliation Act of 1996", 8 U.S.C. 1613(B); no amendments are included. Copies of these federal laws are available from the Colorado Department of Human Services, Director of the Division of Colorado Works, 1575 Sherman Street, Denver, Colorado 80203, or at any State publications depository library. 
a.  A qualified legal alien includes a legal permanent resident alien with 40 quarters of work by the individual, his/her spouse or parent, battered spouses under certain circumstances and defined at 3.140.13;  and, 
b.  Refugees are qualified aliens exempt from the five-year bar. Those Refugees eligible for assistance through TANF/Colorado Works shall submit an application to their county of residence. Those applications that have been approved shall be referred to the Colorado Refugee Services Program for Other Ongoing Case Management and services offered through the TANF/Colorado Works program. 
1)  The Colorado Refugee Services Program (CRSP) is responsible for performing the eligibility assessment as required by Section 3.625.1 for all refugees referred to them by county departments and will apply uniform guidelines that apply to all county departments regarding the assessment of refugees. 
2)  Based on the assessment of the refugee, CRSP will make recommendations to the county departments and will apply uniform guidelines that apply to all county departments regarding the assessment of refugees. These recommendations shall include, at a minimum: 
a) Whether the refugee is determined to be job-ready or not-job-ready; 
b)  The type(s) of activities that will be most beneficial to the refugee; and, 
c)  The amount and duration of supportive services and other assistance payments necessary to achieve self sufficiency for the refugee.
3)  The county department shall consider the recommendations of CRSP and the recommended supportive services and other assistance within the county plan, within an agreed upon timeframe not to exceed forty-eight (48) hours.
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3.612.1  EXEMPTIONS FROM CONSIDERATION AS RESOURCES OR INCOME [Rev. eff. 12/4/09]
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HH.  Refugee resettlement funds and reception and placement money. 

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3.711.11  TANF/Colorado Works Eligibility [Rev. eff. 12/4/09]
Refugees are qualified aliens exempt from the five-year bar and are subject to the TANF/Colorado Works eligibility requirements. 
Refugees eligible for assistance through TANF/Colorado Works shall submit an application to their county of residence. Those applications that have been approved shall be referred to the Colorado Refugee Services Program for other ongoing case management and services offered through the TANF/Colorado Works program. 
A.  The Colorado Refugee Services Program (CRSP) is responsible for performing the eligibility Assessment as required by Section 3.625.1 for all refugees referred to them by county departments and will apply uniform guidelines that apply to all county departments regarding the assessment of refugees. 
B.  Based on the assessment of the refugee, CRSP will make recommendations to the county departments and will apply uniform guidelines that apply to all county departments regarding the assessment of refugees.  These recommendations shall include, at a minimum: 
1.  Whether the refugee is determined to be job-ready or not-job-ready; 
2.  The type(s) of activities that will be most beneficial to the refugee; and, 
3.  The amount and duration of supportive services and other assistance payments necessary to achieve self sufficiency for the refugee. 
C.  The county department shall consider the recommendations of CRSP and the recommended supportive services and other assistance within the county plan, within an agreed upon timeframe not to exceed forty-eight (48) hours.

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