§ 26.5-4-116 — Recovery from recipient - estate

(1) If, at any time during the
continuance of child care assistance, the recipient becomes possessed of property
having a value in excess of that amount set pursuant to the provisions of section
26.5-4-106 (4) and department rules or receives any increase in income, the
recipient shall notify the county department of the possession of the property or
receipt of the income, and the county department may either terminate the child
care assistance or alter the amount of child care assistance in accordance with the
circumstances and department rules. To the extent not otherwise prohibited by
state or federal law, if the recipient is found to have committed an intentional
program violation, the recipient is disqualified from participation in CCCAP for
twelve months for the first incident, twenty-four months for a second incident, and
permanently for a third or subsequent incident. This disqualification is mandatory
and is in addition to any other penalty imposed by law. Except as provided in
subsections (3) and (4) of this section, any previously provided excess child care
assistance to which the recipient was not entitled is recoverable by the county as a
debt due to the state and the county in proportion to the amount of child care
assistance paid by each respectively; except that interest is charged and paid to
the county department on any sum fraudulently obtained, calculated at the legal
rate and calculated from the date the sum was paid to a provider on behalf of the
recipient to the date the sum is recovered. If the debt for fraudulently obtained
child care assistance, fraudulently obtained overpayments of child care assistance,
or excess child care assistance paid for which the recipient was ineligible has been
reduced to a judgment in a court of record in this state, the county department may
seek a continuing garnishment to collect the debt under article 54.5 of title 13.

(2) If, upon the death or mental incompetency of any recipient, the inventory
of the recipient's estate shows assets in excess of the amount that the recipient
was allowed to have in order to receive child care assistance, or if it be shown that
the recipient was otherwise ineligible for child care assistance, then the claim of
the county and state for the excess child care assistance paid for which the
recipient was ineligible, if filed as required by section 15-12-804, has priority as a
debt given preference under section 15-12-805 (1)(f.7).

(3) When a recipient was ineligible for child care assistance solely because
of property in excess of that permitted by department rules pursuant to section
26.5-4-106 (4), the amount for which the recipient is liable is the amount by which
the property exceeded the amount allowable under said rules or the total amount
of child care assistance received, whichever is the lesser amount. Except as
provided in subsection (4) of this section, actions for the recovery of these sums
must be prosecuted by the county department or the department in a court of
record that has jurisdiction.

(4) The department and a county department may elect not to attempt
recovery of an overpayment of child care assistance from an individual who is no
longer receiving public assistance or child care assistance if the overpayment
amount is less than thirty-five dollars. If the overpayment amount owed by an
individual who is no longer receiving public assistance or child care assistance is
thirty-five dollars or more, the department and the county department may
determine, consistent with the six-year time limitation for the execution on
judgments involving state debt, that it is no longer cost-effective to continue to
pursue recovery of the overpayment.

Legislative History

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 681, � 3, effective July 1.