As used in this part 7, unless the context otherwise
requires:
(1) Repealed.
(2) Assistance means any ongoing assistance payment or short-term
assistance payment as those terms are described in section 26-2-706.6.
(2.5) Assistance unit means those family members who are participants in
the Colorado works program and who are receiving cash assistance.
(3) Basic cash assistance grant means cash assistance provided to a
participant in the Colorado works program pursuant to section 26-2-709.
(3.5) (a) Cash assistance means cash, payments, vouchers, and other forms
of benefits designed to meet a family's ongoing basic needs such as food, clothing,
shelter, utilities, household goods, personal care items, and general incidental
expenses. Cash assistance includes such benefits even when they are:
(I) Provided in the form of payments by a TANF agency, or other agency on
its behalf, to individual participants; and
(II) Conditioned on participation in a work activity or community service.
(b) Except as otherwise excluded in paragraph (c) of this subsection (3.5),
cash assistance also includes supportive services provided to families who are not
employed such as transportation and child care.
(c) Cash assistance does not include:
(I) Nonrecurrent, short-term benefits that:
(A) Are designed to address a specific crisis situation or episode of need;
(B) Are not intended to meet recurrent or ongoing needs; and
(C) Will not extend beyond four months;
(II) Work subsidies such as payments to employers or third parties to help
cover the costs of employee wages, benefits, supervision, and training;
(III) Supportive services such as child care and transportation provided to
families who are employed;
(IV) Refundable earned income tax credits;
(V) Contributions to, and distributions from, individual development
accounts;
(VI) Services such as counseling, case management, peer support, child care
information and referral, transitional services, job retention, job advancement, and
other employment-related services that do not provide basic income support; and
(VII) Transportation benefits provided under a job access or reverse
commute project to an individual who is not otherwise receiving assistance.
(4) Colorado child care assistance program means the state program of
child care assistance implemented pursuant to the provisions of part 1 of article 4
of title 26.5 and rules of the executive director of the department of early
childhood.
(5) Colorado works program or works program means the program of
public assistance created in this part 7.
(5.5) Controlled substance means a substance, a drug, or an immediate
precursor included in schedules I to V of part 2 of article 18 of title 18, and any
alcohol beverage as defined in section 44-3-103 (2).
(5.7) Countable income means the receipt by an individual of a gain or
benefit in cash or in kind during a calendar month that is used to determine
eligibility and the benefit amount for the Colorado works program as specified by
the state board.
(6) County means a county or a city and county.
(7) County block grant means a block grant provided to a county pursuant
to the provisions of section 26-2-712.
(8) County department means:
(a) A county department of human or social services or health and human
services of a county or a city and county; or
(b) Any combination of county departments of human or social services that
are approved by the state department to implement a county block grant jointly
pursuant to the provisions of section 26-2-718.
(8.5) Deficit reduction omnibus reconciliation act means the federal
Deficit Reduction Omnibus Reconciliation Act of 2005, Pub.L. 109-171, as
amended.
(9) Dependent child means a person who resides with a parent or a
specified caretaker and who is under the age of eighteen years or, if the person is a
full-time student at a secondary school or vocational or technical equivalent and is
reasonably expected to complete the school or vocational or technical equivalent
before attaining the age of nineteen years, is under nineteen years.
(9.5) Disqualified or excluded person means a person who would otherwise
be a member of an assistance unit but who is rendered ineligible to participate due
to program prohibitions.
(10) Federal law means the personal responsibility and work opportunity
reconciliation act, the deficit reduction omnibus reconciliation act, and any federal
regulations adopted for the implementation of either act.
(10.2) Guardian means a person appointed by court order to be the
guardian of another person.
(10.5) Income means any cash, payments, wages, in-kind receipts,
inheritance, gifts, prizes, rents, dividends, interest, and other gain or benefit in cash
or in kind received by members of an assistance unit.
(11) Indian tribe means a federally recognized Indian tribe with part or all of
its reservation located in the state of Colorado.
(12) Individual responsibility contract or IRC means the contract entered
into by the participant and the county department pursuant to section 26-2-708.
(13) Repealed.
(13.5) Noncustodial parent, as defined in 45 CFR 260.30, means a person
who:
(a) Is the parent of a minor child; and
(b) Lives in Colorado; and
(c) Does not live in the same household as the minor child.
(13.7) Ongoing assistance means any cash grant, benefit, service, or other
form of temporary assistance designed to meet an eligible family's ongoing needs.
(14) Parent means either a biological parent or a parent by adoption.
(15) Participant means an individual who receives any assistance or who
participates in a specific component of the Colorado works program.
(16) Performance contract means the performance-based contract
executed by the state department and the board of county commissioners of each
county or the boards of county commissioners of a group of counties pursuant to
section 26-2-715.
(17) Personal responsibility and work opportunity reconciliation act means
the federal Personal Responsibility and Work Opportunity Reconciliation Act of
1996, Pub.L. 104-193, as amended.
(17.5) Program prohibitions means a circumstance that, pursuant to this
part 7 or federal law, renders an individual unable to participate in the Colorado
works program.
(17.7) Qualified alien means a qualified alien as defined by rule of the state
board in conformance with the personal responsibility and work opportunity
reconciliation act.
(17.8) Receipt or receipt of income means the date on which income is
actually received by or becomes legally available to a member of an assistance
unit.
(18) Reservation means the Ute Mountain Ute Indian Reservation and the
Southern Ute Indian Reservation in Colorado.
(18.2) Short-term assistance means a nonrecurrent, short-term benefit that
is designed to deal with a specific crisis situation or episode of need, is not intended
to meet recurrent or ongoing needs, and does not extend beyond four months.
(18.3) Specified caretaker means:
(a) A person who exercises responsibility for a dependent child and who is:
(I) A relative by blood, marriage, or adoption who is within the fifth degree of
kinship to the dependent child; or
(II) Appointed by the court to be the guardian or the legal custodian of the
dependent child; or
(b) A person who exercises responsibility for a dependent child within the
person's home if there is no person described in paragraph (a) of this subsection
(18.3).
(18.5) Targeted spending level means the amount of county funds that a
county shall appropriate pursuant to the provisions of section 26-1-122 for the
purpose of defraying the county's maintenance of effort requirement for the works
program.
(19) Temporary assistance for needy families or TANF means the
program of block grants from the federal government to the states to implement
assistance programs pursuant to federal law.
(20) Tribal member means an enrolled member of either the Ute Mountain
Ute or Southern Ute Indian tribes.
(21) Work activities shall have the same definition as is provided in federal
law. The state board shall promulgate rules as necessary to further define work
activities in accordance with the definition provided in federal law. Participants
shall be considered to be engaged in work if they are participating in work activities
as described in the federal law or if they are participating in other work activities
designed to lead to self-sufficiency as determined by the county and as outlined in
their IRC.
(22) Work participation rate means the percentage of participants who are
involved in work activities as required statewide under federal law.
(23) Works allocation committee means the committee created pursuant
to section 26-2-714 (6).