3.604.2 Household Composition A.

A Colorado Works household consists of clients who are part of the assistance unit and/or budgetary unit. 1. The assistance unit consists of individuals who live together and who must apply for and receive Colorado Works grant payments as a single household. Members of the same assistance unit who meet the requirements of the Colorado Works program shall receive basic cash assistance or shall be considered when determining diversion grant amounts. Persons not required to be in one assistance unit, but residing in the same household, shall have the option of applying for Colorado Works as separate units. Each assistance unit shall be budgeted using the appropriate need standard for the unit. 2. The budgetary unit consists of individuals who are part of the assistance unit as well as individuals who are outside of the assistance unit but considered financially responsible for members of the assistance unit. 3. Clients must provide any information or verification needed to determine who must be in the assistance unit and budgetary unit. B. Two parent household cases will be paid with county maintenance of effort (MOE) funds. All other single parent and child only cases will be paid with county TANF block grant funds. C. Members of the Assistance Unit 1. The following individuals must be included in the assistance unit when living in the home: a. Dependent child(ren) who live in the home of a caretaker. b. Parents of dependent child(ren) who live in the home unless the child is a minor parent who is requesting assistance for their own child or responsibility is established with another caretaker through court order, child welfare, or adoption. c. Siblings of dependent child(ren) who live in the home and are legally in the care of the requesting caretaker. d. Half siblings of the dependent child(ren) who live in the home that do not receive child support payments. e. The spouse of a pregnant parent. 2. The following individuals are optional members of the assistance unit. These individuals are included in the assistance unit when living in the home and requesting assistance: a. The spouse of a parent who is not themselves a parent of dependent child(ren) who live in the home. b. A non-parent caretaker. c. The spouse of a non-parent caretaker. d. Half siblings of the dependent child(ren) who live in the home and are receiving child support. The parent or non-parent caretaker of the half sibling receiving child support shall decide whether to include such half sibling receiving child support in the assistance unit. e. Siblings of the dependent child(ren) who live in the home but are not in the legal custody of the requesting caretaker due to an established court order, child welfare involvement or an adoption. f. A parent who lives in the home of another caretaker and no longer has legal custody of the dependent child(ren) who live in the home. g. Parent(s) of a minor parent who is requesting assistance for their own child. 3. The following individuals are excluded from the assistance unit. a. Individuals receiving SSI payments. b. Individuals who receive other Title IV benefits such as foster care, adoption subsidy or Title IV kinship payments. D. Members of the Budgetary Unit 1. The following individuals must be included in the budgetary unit: a. Any individual who is part of the assistance unit (to include optional members of the assistance unit who requested assistance) regardless of whether or not the individual is eligible to receive assistance. b. The spouse of a parent or non-parent caretaker who requested assistance, regardless of whether or not the spouse has requested assistance for themselves. c. The unborn child of a pregnant parent. d. The non-recipient parent(s) of a minor parent. e. The sponsor of a non-citizen who is part of the assistance unit (whether or not the non-citizen is themselves eligible to receive Colorado Works grant payments). 2. The following individuals are excluded from the budgetary unit: a. An optional member of the assistance unit who chooses not to receive assistance for himself or herself. b. Individuals who are excluded from the assistance unit as identified in Section 3.604.2.C.3. E. A dependent child is considered to be living in the home of a caretaker as long as the caretaker exercises the responsibility for the care of the child even if the following occurs: 1. The child or the caretaker is temporarily absent from the home to receive medical treatment; 2. The child is under the jurisdiction of the court; 3. Legal custody is held by an agency that does not have physical custody of the child; 4. The child is in regular attendance at a school away from home. F. School-aged, dependent children must be in school, home school, pursuing a GED, or attending online courses to obtain a high school diploma or GED. 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 emergencies. County departments must work with families to enroll children not enrolled in and attending school. G. Assistance units may remain eligible and payment for the child shall continue for Colorado Works when children are absent from the home for a period greater than forty-five (45) consecutive calendar days for the following reasons: 1. Child(ren) receiving medical care or education that requires him or her to live away from the home; or, 2. Child(ren) visiting a noncustodial parent, as specified in a parenting plan entered by the court or a parenting plan signed by both parties, the visit not exceeding six (6) months unless otherwise specified; or, 3. Child(ren) residing in voluntary foster care placement for a period not expected to exceed three (3) months. Should the foster care plan change within three months and the placement become court-ordered, the child is not longer considered to be living in the home as of the time the foster care plan is changed. H. When more than one caretaker exercises responsibility for a child, the following hierarchy shall be followed. A caretaker: 1. Is a parent; or, 2. Is a relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child (not to be separated due to death or divorce); or is appointed by the court to be the legal guardian or legal custodian of the dependent child; or, 3. If those identified in a-b above are not available, is a person who exercises responsibility for a dependent child within the person’s home and provides verification of such responsibility such as a court order, school or medical records listing the individual as the child’s contact, collateral contact with child welfare, or another document acceptable to the county department. the prudent person principle may be used to determine that a non-parent caretaker other than a guardian, legal custodian, or a relative exercises responsibility for a child. The individual who exercises responsibility and is highest in the above hierarchy list shall be deemed the caretaker for the assistance unit. I. A parent or non-parent caretaker is considered to be living in the home and may continue as a member of the assistance unit/ family needs unit if the individual is temporarily away from home if one of the following occurs: 1. Is on active duty in the uniformed service of the United States. 2. Is temporarily absent from the home to receive medical treatment. 3. Is temporarily absent from the home for less than forty-five (45) calendar days and has established an intent to return. J. Indian Tribe Eligibility Members of an Indian Tribe not eligible for assistance under a Tribal Family Assistance Plan are eligible for Colorado Works. K. Assistance for Eligible Refugees Refugees are qualified non-citizens 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 (CRSP) for other ongoing case management and services offered through the TANF/Colorado Works program. 1. The CRSP is responsible for performing the eligibility assessment as required by section 3.607.3 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 ready to work. 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 payments within the county policy. L. Individuals Ineligible for Colorado Works Program The following individuals shall not be eligible under Colorado Works: 1. Fugitives or fleeing felons; 2. Assistance units with an adult participating in a strike; 3. Qualified legal non-citizens or those who are not federally exempt, who entered the United States on or after August 22, 1996, are ineligible for cash assistance for five (5) years from the date of entry into the United States. M. Penalties for Disqualified or Ineligible Persons Persons who are required members of the assistance unit, but who are disqualified from receiving or are ineligible to receive Colorado Works basic cash assistance or diversion due to program prohibitions or violations, shall be removed from the assistance unit for the purposes of determining the assistance unit size. Disqualified individuals income must be considered when determining eligibility without applying income disregards. The following disqualified or ineligible individuals shall have such month counted as a month of participation in the calculation of their overall sixty-month (60) lifetime maximum as referenced in section 3.606.6 when a grant payment is received for others in the assistance unit. 1. Individuals convicted by a court or whose disqualification was obtained through an intentional program violation (IPV) waiver for misrepresenting their residence in order to obtain assistance in two states at the same time shall have their Colorado Works assistance denied for ten (10) years. 2. Individuals who have committed fraud as determined by a court or determination of an IPV by administrative hearing shall result in the disqualified caretaker being removed from the grant for a twelve (12) month period for the first offense, twenty-four (24) months for the second offense, and lifetime for the third offense. An IPV from another state shall be used to determine eligibility for an individual. The level of the IPV established by the Administrative Law Judge from the other state shall be used to determine the level of the IPV for Colorado Works. The timeframes established herein shall be used; the timeframe established from the other state shall no longer be valid. 3. Individuals who are fleeing felons for the time that that person meets the definition of fleeing felon as described in 3.601. 4. Individuals who have failed to apply for a Social Security Number unless a federally allowable reason, as listed in 20 CFR § 422.107 (2023), exists for not attempting to obtain a social security number. No later editions or amendments are incorporated. These regulations are available at no cost from the U.S. social security administration, 1500 Champa Street, Suite 200, Denver, CO 80202, or at https://www.ecfr.gov/. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Economic Security, 1575 Sherman Street, Denver, CO 80203, during regular business hours. Once that person has taken action to apply for a Social Security Number, they may become eligible. 6. Individuals who are non-citizens and do not meet the definition of a qualified non-citizen, those who fail to prove citizenship or fail to provide proof that they are otherwise possess a qualified non-citizen status and/or proof of lawful presence. N. Minor Parent Applicants/Participants A minor who is also a parent may apply for Colorado Works. 1. When a minor parent is not emancipated and has a marital status of single, grant payments may not be approved unless the minor parent resides with another adult caretaker or the minor parent resides in another setting which the county has determined is an appropriate setting. a. Counties shall assist minor parents who are otherwise eligible and are not living in a county approved setting according to the county’s policy to find an appropriate living arrangement. b. Counties shall assist assistance units which include an unmarried minor parent(s) who has a child at least twelve (12) weeks of age, who has not completed his or her high school education or GED, and who is not participating in educational activities or an approved training program, in participating in such programs within sixty (60) calendar days from the date the initial assessment is completed for those sixteen (16) or older or within sixty (60) calendar days from the date the eligibility interview takes place for those under the age of sixteen (16). Participation means enrollment, attendance, or an action otherwise specified by the county department. Failure to participate without good cause will result in the termination or discontinuation of Colorado Works basic cash assistance. 2. When a minor parent does not live in the home of another caretaker: a. The minor parent may not receive benefits until deemed to be in a county approved setting by the county department unless the minor is emancipated, has a marital status other than single, or resides with an adult relative. b. A minor parent who is emancipated or has a marital status other than single is not considered to be living in the home of a caretaker even if they are living in the home of their parent. c. A minor who is a parent and does not live in the home of a caretaker will receive assistance as an adult if approved. 3. Minor Parents and Caretakers a. If the minor parent lives with an unrelated non-parent caretaker who chooses not to be a member of the assistance unit, the minor must be in a county approved setting. b. If the minor parent lives with an unrelated non-parent caretaker who chooses to be a member of the assistance unit, the county department may choose if it is necessary to approve the setting before grant payments are provided per county policy. c. If the minor parent lives with his or her parent, the county department does not need to approve a setting even if the minor’s parent chooses not to be a member of the assistance unit. d. A minor parent who is the dependent child of a caretaker will receive assistance as a child if approved even if the caretaker is not included in the assistance unit. O. Out of the Home 1. For Colorado Works purposes, a client who is out of State temporarily shall be provided assistance on the same basis as one who is in the state as long as the individual has established intent to return. The client’s temporarily out of the State status shall not exceed ninety (90) consecutive days. 2. A client who is a resident of an institution is not considered to be in the home. A client shall be considered a resident in an institution when the recipient's stay is at least thirty (30) consecutive days. Institutions include general medical and surgical hospitals, nursing homes, assisted living residences, and mental institutions. Residents of an institution who continue to have the responsibility of a dependent child may receive Colorado Works if the dependent child also resides in the institution or continues to be cared for in the home, unless individual needs are provided for through other state.