3.604.3 Program Verifications A.

The county department shall not require any documentary evidence (verification) and/or written statements for eligibility determination until the county department receives a signed and dated application. The client has the primary responsibility for providing documentary evidence for required verification and the responsibility to resolve questionable information. The county worker shall assist the client in obtaining the necessary documentation if the client is cooperating with county workers. The client may supply documentary evidence in person, through mail, by facsimile, through an electronic device, or through an authorized representative. The county worker shall accept all pertinent documentary evidence provided by the client and shall be primarily concerned with how adequately the verification proves the statements on the application and/or program participation, if applicable. If written verification cannot be obtained, county workers shall substitute an acceptable “collateral contact” if available, as defined in section 3.601 program definitions and E-F of this section. If the client is missing any verification, the county department shall request additional and/or required verifications from the client. the request shall include: 1. A specific list of verifications necessary to determine eligibility; 2. The due date for when the verifications must be returned, which shall be eleven (11) calendar days from the date the verification was requested in writing; and, 3. Notification that if the client fails to return the verifications by the due date, the county department shall process the application without those verifications, which may lead to a denial of grant payments. If proper verification is not received and a collateral contact is unavailable, the client will be noticed (in writing or verbally) with information that the county worker will assist with obtaining verification, provided that he or she is cooperating with the county department. Verification is an eligibility requirement. Failure to provide requested verification may result in the case and/or client being denied, closed, terminated, or discontinued. The verification process shall begin the date the application is date stamped by the county and shall continue throughout the life of the case, including program participation and applicable verifications for ongoing redeterminations of eligibility. B. Required Primary Verifications 1. All information received through the Income and Eligibility Verification (IEVS) System shall be reviewed and verified. Assistance shall not be denied, delayed, or discontinued pending receipt of information requested through IEVS, if other evidence establishes the client's eligibility for assistance. 2. All participating clients shall provide to the county the following information: a. Verification of lawful presence in the United States; section 3.604.3.I. b. Verification of citizenship or qualified non-citizenship status; section 3.604.I-J. c. A Social Security Number (SSN) for each client applying for benefits or proof that an application for a SSN has been made. Proof of application is only valid for up to eight (8) months without good cause. The agency shall explain to the client that refusal or failure without good cause to provide a SSN or a receipt of a SSN application will result in ineligibility for the client for whom an SSN or receipt is not obtained. Only the client for whom the SSN or receipt is not provided will be ineligible, and not the entire assistance unit. 1) For clients that made application for a SSN at initial eligibility determination, verification of the SSN must be received prior to the next recertification. 2) For clients added to the assistance unit within sixty (60) days of the certification period expiring, verification of the SSN must be received by the following recertification. 3) The county department shall verify the SSNs provided by the assistance unit with the Social Security Administration (SSA) in accordance with procedures established by the state department for the State On Line Query (SOLQ) system. 4) The county department shall accept as verified a Social Security Number that has been verified by any program agency participating in SOLQ system. d. Verification of a caretaker’s responsibility for the child(ren) must be provided, unless the caretaker is the child(ren)’s parent. Verification may include, but is not limited to, verbal or written confirmation from the child’s parent, a court order, school or medical records listing the individual as the child’s contact, or collateral contact with child welfare. 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. e. Verification of income of any member of the assistance unit or other household member whose income is used to determine eligibility and payment. f. Verification of Colorado residency. 3. Counties may require further verification of any information that is received that is determined to be questionable or inconsistent. Such a determination must be documented in the applicant's case file. 4. An applicant may request an extension of time beyond the forty-five (45) day maximum to process an application for Colorado Works benefits in order to obtain necessary verification. The extension may be provided at county discretion. The worker must document the reason for the extension in the statewide automated system and/or case file. 5. All immigrants shall have non-citizen status verified through the Systematic Alien Verification for Entitlements (SAVE) system. Assistance shall not be delayed or discontinued pending this verification. C. Secondary Verifications When applicable, secondary verifications for eligibility and program participation, may include, but are not limited to: 1. Verification of relationship of a dependent child to other household members; 2. Verification of good cause, to include good cause for a delay in providing verifications for assistance, good cause for not cooperating with child support services, and good cause for not participating in work activities; 3. Verification of child support, to include information of the noncustodial parent and/or child support income/expenses as specified in section 3.606; 4. Verification of school attendance for all school-aged children included in the assistance unit, including home school, GED, and online attendance; 5. Verification of work participation; 6. Verification establishing allowable absences of an adult or child in the assistance unit if leaving the state/home and requesting to continue benefits; and/or, 7. Verification of pregnancy, when no children are in the assistance unit. D. Sources of Verification Counties may use collateral contacts, interfaces, prudent person principle, documentary evidence, and in some cases, client statement as sources of verification. E. Use of a Collateral Contact, Review, and Follow-up Applications shall be reviewed and any necessary follow-up activities such as collateral contacts, verifications, etc., shall be initiated within five (5) calendar days of when the county department obtains information containing the collateral contacts information from the client. Priority shall be given to those applications where critical and emergent need is apparent. F. Requirements for Collateral Contact to Make a Determination of Eligibility 1. The client shall be given the opportunity to provide documentation necessary to determine eligibility. When necessary, the county department shall assist the client to secure documentation. If documentation that is necessary to determine eligibility is not received, a notice shall be sent to the client to advise him or her of the proposed action to deny or discontinue the case. The notice to the client shall also include a specific description of the documentation necessary to determine eligibility. In general, the county department shall rely on the client to provide the documentation necessary to determine eligibility. 2. A collateral contact is an oral or written confirmation of a household's circumstances by a person outside of the household. The signature on the application shall be considered consent for the use of collateral contacts. The county department may rely on members of the household to provide the name of any collateral contact. If the individual provides an unacceptable collateral contact who cannot be expected to provide accurate verification, the county department shall: a. Request the name of another collateral contact; or, b. Ask for alternative forms of verification; or, c. Substitute a home visit to establish a county approved setting when applicable. 3. Confidentiality shall be maintained when talking with collateral contacts. The county department shall disclose only the information that is absolutely necessary to obtain information being sought. If the client fails to provide a collateral contact or provides a contact that is unacceptable to the eligibility worker, the county worker may select a collateral contact that can provide information that is needed. Except for contacts to verify information provided through IEVS, the collateral contact selected by the county worker shall not be contacted without first obtaining the prior written or verbal approval of an adult household member or the authorized representative. Collateral contacts for IEVS do not require household designation or prior contact approval. The notice of proposed action shall advise the household that they have the option to consent to the collateral contact, to provide acceptable verification in another form, or to withdraw the application. If the household refuses to choose one of the above options, the application shall be denied. The case file shall be documented to support action taken by the county department. The county department shall not determine the household to be ineligible when a person outside the household refuses to provide information required for the client to resolve a request for verification (i.e. a former employer will not provide verification of employment termination and does not respond to attempts for a collateral contact by the county department). In such scenarios, the prudent person principle must be used to determine eligibility without the unavailable verification. Household members who are disqualified or in an ineligible status are not considered individuals outside the household. 4. In cases in which the information from another source contradicts statements made by the household, the household shall be afforded a reasonable opportunity to resolve the discrepancy prior to an eligibility determination. G. The rules contained herein are intended to be sufficiently flexible to allow the eligibility worker to exercise reasonable judgment to determine when a request for verification is unnecessary because the facts of the case are clear. In making a certification decision, the eligibility worker should ask whether his or her judgment is reasonable, based on experience and knowledge of the program. The prudent person principle may not be used to waive the requirement to verify lawful presence for clients over the age of eighteen (18). The prudent person principle may not be used to verify that a SSN application has been submitted for a newborn unless the pregnancy was previously verified or the newborn was born in a colorado hospital. 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 and/or when determining good cause for non-cooperation with the workforce development program activities or child support services. All case decisions related to the prudent person principle must be documented in case comments. H. Interfaces are acceptable verification sources for Colorado Works. 1. Income and Eligibility Verification System (IEVS) IEVS provides for the exchange of information for Colorado Works with the SSA and the Colorado Department of Labor and Employment (DOLE). The county department shall act on all information received through IEVS. The county department shall, at a minimum, prior to approval of benefits, verify potential earnings and unemployment benefits through DOLE for all applicants, except institutionalized applicants. Benefits shall not be delayed pending receipt of verification from a collateral contact (e.g., employers). In cases where the county department has information that an institutionalized or group home recipient is working, wage and unemployment insurance benefits matches are required at application. All other matches will be initiated through IEVS upon approval of benefits. Through IEVS, recipient SSNs will be matched with source agency records on a regular basis to identify potential earned and unearned income, resources and assets, including: a. The following data shall be considered verified when entered into the statewide automated system: 1) SSA (Beneficiary and Earnings Data Exchange/Bendex, State Data Exchange/SDX) Social Security benefits, SSI, pensions, self- employment earnings, federal employee earnings; and, 2) Unemployment Insurance Benefits (UIB). b. DOLE wage data shall not be considered verified upon receipt. Additional verification must be obtained to verify wage information. c. At initial application and at redetermination, a client of Colorado Works shall be notified through a written statement provided on or with the application form that the information available through IEVS: will be requested and used for eligibility determinations; shall be verified through sources, such as collateral contacts with the client, when discrepancies are found by the county department; and may affect the assistance unit’s eligibility and level of payment. 1) All verification types obtained by a collateral contact to validate or invalidate the IEVS discrepancy shall be documented; and, 2) Case documentation shall be available in the case file or statewide automated system documenting the action taken on the case within forty- five (45) calendar days of initial receipt. Case documentation must include the purpose of the review, the action taken on the case, and how the determination was made that supported the action taken by the county department. d. The county department shall review and process IEVS within forty-five (45) days. No more than twenty (20) percent of the IEVS reviewed may remain unprocessed beyond forty-five (45) days when: 1) The reason that the action cannot be completed within forty-five (45) days is the non-receipt of requested third-party verification; and, 2) Action is completed promptly, when third-party verification is received or at the next time eligibility is redetermined, whichever is earlier. If action is completed when eligibility is redetermined and third-party verification has not been received, the county department shall make its decision based on information provided by the recipient and any other information in its possession. 2. Public Assistance Reporting Information System (PARIS) The county department shall query PARIS at initial application and at redetermination to determine whether the client is receiving benefits in another state, veterans’ benefits, or military wages or allotments. 3. Systematic Alien Verification for Entitlements (SAVE) The county department shall query SAVE at initial application and at redetermination to: a. Determine whether a qualified non-citizen has a sponsor(s); b. Verify the non-citizen registration number provided by the client and, if the number and name submitted do not match, take prompt action to terminate assistance to the client; and c. Determine if there has been a change in the non-citizen’s status. 4. Colorado Department of Revenue, Division of Motor Vehicles (DMV) The Colorado DMV may be used by the county department to verify lawful presence and identity. I. Verification of Citizenship and Lawful Presence 1. Verification of citizenship in the United States Citizenship may be verified by a birth certificate, possession of a U.S. passport, a Certificate of U.S. Citizenship (USCIS form N-560 or NH-561), a Certificate of Naturalization (USCIS form N-550 or N-570), a Certificate of Birth Abroad of a Citizen of The United States (Department of State Forms FS-545 or DS-1350), or identification cards for U.S. citizens (USCIS-I-179 or USCIS-I-197). Documents that are acceptable as verification of citizenship can be found in the Department of Revenue rules at 1 CCR 204-30, Rule 5, Appendix A and B (Mar. 2, 2021), no later editions or amendment are incorporated. These regulations are available at no cost form the Colorado Department of Revenue, 1881 Pierce St., Lakewood, CO 80214 or at https://www.sos.state.co.us/ccr. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver, CO 80203, during regular business hours. 2. Verification of questionable citizenship information The following guidelines shall be used in considering questionable statement(s) of citizenship from a client: a. The claim of citizenship is inconsistent with statements made by the client, or with other information on the application, or on previous applications. b. The claim of citizenship is inconsistent with information received from another source. c. The claim of citizenship is inconsistent with the documentation provided by the client. Application of the above criteria by the eligibility worker must not result in discrimination based on race, religion, ethnic background or national origin, and groups such as migrant farm workers or Native Americans shall not be targeted for special verification. The eligibility worker shall not rely on a surname, accent, or appearance that seems foreign to find a claim to citizenship questionable. Nor shall the eligibility worker rely on a lack of English speaking, reading, or writing ability as grounds to question a claim to citizenship. 3. The client whose citizenship is in question shall be ineligible to participate until proof of citizenship is obtained. If a non-citizen is unable to provide any USCIS document at all, there is no responsibility to offer to contact USCIS on the non-citizen's behalf. Responsibility exists only when the non-citizen has a USCIS document that does not clearly indicate eligible or ineligible non-citizen status. The county department shall contact the State Department, not the USCIS, to obtain information about the non- citizen's correct status. The method used to document verification of citizenship and the result of that verification shall be contained in the case file. 4. All persons eighteen years of age or older must establish lawful presence in the United States prior to receiving Colorado Works with the exception of those exempt in the list provided in this section. The requirements of this section do not apply to clients under the age of eighteen (18). a. In order to verify his or her lawful presence in the United States, a client must: 1) Produce and provide to the county department: a) A valid Colorado driver’s license or a Colorado identification card issued pursuant to article 2 of title 42, C.R.S.; or, b) A United States military card or military dependent’s identification card; or, c) A United States coast guard merchant mariner card; or, d) A Native American tribal document; or, e) Any other document authorized by rules adopted by the Department of Revenue (1 CCR 2204-30, Rule 5, Appendix A, as incorporated by reference in section 3.604.3.I.1 of these rules). b. The requirements of this section do not apply to the following clients, programs and services: 1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or rule; 2) For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure; 3) For short-term, non-cash, in-kind emergency disaster relief; 4) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by federal law or regulation that: a) Deliver in-kind services at the community level, including services through public or private non-profit agencies; b) Do not condition the provision of assistance provided on the individual recipient’s income or resources; and, c) Are necessary for the protection of life or safety; 5) Pregnant women; 6) For individuals over the age of eighteen years of age and under the age of nineteen years who continue to be eligible for medical assistance programs after their eighteenth birthday. 5. A non-citizen considered a legal immigrant will normally possess one of the following forms provided by the citizenship and immigration services (USCIS) as verification: a. I-94 arrival/departure record. b. I-551 resident alien card (I-551). c. Forms I-688b or I-766 employment authorization document. d. A letter from USCIS indicating a person's status. e. Letter from the U.S. Department of Health and Human Services (HHS) certifying a person's status as a victim of a severe form of trafficking. f. Iraqi and Afghan individuals who have been admitted as Special Immigrants (SI). g. Any of the documents permitted by the Colorado Department of Revenue rules for evidence of lawful presence (1 CCR 204-30, appendix B, as incorporated by reference in section 3.604.3.I.1 of these rules). 6. Legal immigrants applying for public assistance must present documentation from USCIS showing the applicant's status. All documents must be verified through SAVE to determine the validity of the document. Benefits shall not be delayed, denied or discontinued awaiting the SAVE verification. J. Verification required from non-citizens 1. As a condition of eligibility for financial assistance, when a sponsored non-citizen is included in the assistance unit or budgetary unit, the client must provide income information about the non-citizen's sponsor(s). K. When a client is unable to provide verification for citizenship, qualified non-citizenship status, lawful presence, identity, and/or their social security number, the county department shall grant thirty (30) calendar days to the client to provide the verification. If the verification is provided in the allotted time, the same application may be used to determine eligibility and benefits provided. Verification shall be provided for each individual requesting/receiving payments at the time of application and redetermination. In addition, supportive services, special needs payments and assistance in obtaining verifications shall be provided. Individuals unable to provide this verification will not receive payment for themselves and their income will be used to determine eligibility for the household.