Appeals

26-7-110. Appeals. (1) In any decision made pursuant to this article 7, the adoptive parents have the right to appeal to the state department, with a hearing before a state department administrative law judge in accordance with the State Administrative Procedure Act, article 4 of title 24. (2) The following situations are subject to appeal: (a) A determination of a child's or youth's eligibility for benefits pursuant to section 26-7-105; (b) Any determination, redetermination, or reduction of benefits pursuant to this article 7; (c) Termination of the agreement entered into pursuant to section 26-7-107; or (d) The failure of the state department, county department, or nonprofit child placement agency to notify the adoptive family of an eligible child or youth about the availability of benefits pursuant to this article 7. Source: L. 2019: Entire article R&RE, (SB 19-178), ch. 180, p. 2048, � 1, effective August 2. ARTICLE 7.5 Domestic Abuse Programs Cross references: For provisions relating to protection orders and emergency protection orders in domestic abuse cases, see � 13-6-104 and article 4 of title 14; for crimes involving domestic violence, see part 8 of article 6 of title 18. 26-7.5-101. Legislative declaration. (1) The general assembly finds that: (a) A significant number of homicides, aggravated assaults, assaults and batteries, and other types of abuse and coercive control occur within Colorado; that the reported incidence of domestic violence and sexual assault represents only a portion of the total number of incidents of domestic violence and sexual assault; that a large percentage of police officer deaths in the line of duty result from police intervention in domestic abuse situations; and that domestic violence and sexual assault is a complex problem affecting families from all social and economic backgrounds; (b) Domestic violence and sexual assault can have harmful and lasting consequences for victims, families, communities, and the state. Domestic violence and sexual assault have a profound impact on not only victims' physical, psychological, and social well-being, but also on individuals' economic stability and the state's economy. Economic impacts often include criminal and civil legal system costs; medical and behavioral health expenditures; lower wages resulting from diminished educational attainment; lost wages from missed work, job loss, debt, and poor credit; and costs associated with housing instability. (c) The best available research shows that domestic violence and sexual assault occur at relatively equal rates. Research also shows that individuals from populations underserved due to geographic location, religion, sexual orientation, gender identity, race or ethnicity, language barriers, disabilities, alienage, and age experience domestic violence and sexual assault at higher rates and face greater challenges in accessing services than the general population. Therefore, funding should ensure equal support for domestic violence and sexual assault services as well as support for services for underserved populations and culturally specific programs. (d) Community-based advocates are uniquely positioned to offer victims various options for services and to support the choices victims make. Community-based advocates focus primarily on the needs, choices, and input of the victim. Therefore, the general assembly declares that community-based advocates are a critical component of a victim-centered response to domestic violence and sexual assault. (e) In a continued effort to promote increased diversity among the funded victim service organizations, it is the intent of the general assembly that, in administering this article 7.5, the state department identify additional measures to address barriers that historically underserved victims, including people of color, face in accessing victim services. Source: L. 83: Entire article added, p. 1136, � 1, effective July 1. L. 2009: Entire section amended, (SB 09-068), ch. 264, p. 1209, � 1, effective July 1. L. 2022: Entire section amended, (SB 22-183), ch. 194, p. 1296, � 1, effective May 19. 26-7.5-102. Definitions. As used in this article 7.5, unless the context otherwise requires: (1) Culturally specific program means a program operated by a nongovernmental agency or tribal organization with the primary purpose of providing culturally specific and culturally responsive services by providers from diverse cultural backgrounds to American Indians, including Alaska Natives, Eskimos, and Aleuts; Asian Americans; Native Hawaiians and other Pacific Islanders; Blacks; Hispanics; or any underserved population in order to assist victims of domestic violence and sexual assault, which may include acts of teen dating violence or stalking. (2) Domestic violence means an act or pattern of behavior in which a person uses or threatens to use physical, sexual, mental, or emotional abuse to control another individual with whom the person is or was in an intimate relationship. (3) Domestic violence program means a culturally and linguistically appropriate community-based or community-oriented program, which may include residential facilities, that uses victim advocates, as defined in section 13-90-107 (1)(k), and that is operated by a nongovernmental agency or federally recognized Indian tribe and established pursuant to the criteria set forth in section 26-7.5-103, to assist victims of domestic violence and their dependents, including victims of teen dating violence or stalking. (4) Nongovernmental agency means any person, private nonprofit agency, corporation, or other nongovernmental agency. (5) Sexual assault means any act or threatened act that is sexual in nature or intent and causes harm, including sexual harassment, sexual abuse, sexual assault, and rape. (6) Sexual assault program means a culturally and linguistically appropriate community-based or community-oriented program to assist victims of sexual assault, which may include teen dating violence or stalking, that uses victim advocates, as defined in section 13-90-107 (1)(k), and that is operated by a nongovernmental agency or federally recognized Indian tribe and is established pursuant to the criteria set forth in section 26-7.5-103. (7) Stalking means any act described in section 18-3-602. (8) State domestic violence or sexual assault coalition means a coalition designated as the state domestic violence coalition by the federal department of health and human services or designated as the state sexual assault coalition by the federal centers for disease control and prevention. (9) Teen dating violence means: (a) A pattern of behavior in which a person uses or threatens to use physical, sexual, mental, or emotional abuse to control another person who is in a dating relationship with the person, and one or both persons are under eighteen years of age; or (b) Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, and one or both persons are under eighteen years of age. (10) Tribal domestic violence or sexual assault coalition means a tribal coalition that provides services to victims of domestic violence or sexual assault and that satisfies the criteria set forth in 34 U.S.C. sec. 10441 (d)(2)(A). (11) Underserved population means a population that faces barriers in accessing and using victim services, and includes a population underserved because of religion, sexual orientation, gender identity, race or ethnicity, language barriers, disabilities, alienage, age, or geographic location. Source: L. 83: Entire article added, p. 1136, � 1, effective July 1. L. 99: (2) amended, p. 1177, � 2, effective June 2. L. 2022: Entire section amended, (SB 22-183), ch. 194, p. 1297, � 2, effective May 19. 26-7.5-103. Domestic violence, sexual assault, or culturally specific programs - criteria. (1) A domestic violence, sexual assault, or culturally specific program established pursuant to this article 7.5 shall provide, but not be limited to: (a) Direct advocacy or counseling for persons who are victims of domestic violence or sexual assault, and their dependents, and support for the victims' animal companions; (b) Programs that assist victims of domestic violence or sexual assault, and their dependents, in obtaining services and information; (c) Educational and prevention programs on domestic violence or sexual assault designed for both the community at large and specialized groups such as medical personnel and law enforcement officials. (2) Domestic violence, sexual assault, or culturally specific programs shall utilize the resources of the community in meeting the personal and family needs of participants. (3) As a part of a domestic violence, sexual assault, or culturally specific program, a facility may be established to provide residential accommodations to victims of domestic violence and sexual assault, and their dependents. (4) Domestic violence, sexual assault, and culturally specific programs may participate in, develop, implement, or enhance coordinated community response teams, sexual assault response teams, or similar coordinated community responses to domestic violence and sexual assault. Source: L. 83: Entire article added, p. 1137, � 1, effective July 1. L. 2022: Entire section amended, (SB 22-183), ch. 194, p. 1299, � 3, effective May 19. 26-7.5-104. Community domestic violence, sexual assault, or culturally specific programs - contracts with state department - rules. (1) The executive director may enter into contracts or agreements for services with any nongovernmental agency or federally recognized Indian tribe that has established and that operates a community domestic violence, sexual assault, or culturally specific program for domestic violence or sexual assault program services. (2) (a) The state department shall establish, by rule, and enforce standards and regulations for all domestic violence, sexual assault, or culturally specific programs established pursuant to this article 7.5 and shall require that each domestic violence, sexual assault, or culturally specific program meets approved minimum standards as established by rule. (b) (Deleted by amendment, L. 2022.) Source: L. 83: Entire article added, p. 1137, � 1, effective July 1. L. 2009: (2) amended, (SB 09-068), ch. 264, p. 1209, � 2, effective July 1. L. 2022: Entire section amended, (SB 22-183), ch. 194, p. 1299, � 4, effective May 19. 26-7.5-104.5. Domestic violence and sexual assault coalitions - contracts - duties - coalition agreements with programs. (1) The state department may enter into a contract or agreement with a state or tribal domestic violence or sexual assault coalition, referred to in this section as a coalition, for program services and other services described in this section. (2) A coalition that enters into a contract or agreement with the state department shall, at a minimum, provide training and technical assistance for domestic violence, sexual assault, or culturally specific programs and other nongovernmental and governmental service providers. (3) A coalition that enters into a contract or agreement with the state department may: (a) Participate in systems advocacy, including but not limited to representing the needs of domestic violence, sexual assault, or culturally specific programs and victims of domestic violence or sexual assault on state boards, committees, task forces, and workgroups; (b) Develop and implement policies to improve the response to and prevention of domestic violence or sexual assault; and (c) Conduct statewide community outreach and public education related to domestic violence or sexual assault. (4) A coalition may subcontract with a nongovernmental agency or federally recognized Indian tribe that operates a community domestic violence, sexual assault, or culturally specific program to provide program services. Source: L. 2022: Entire section added, (SB 22-183), ch. 194, p. 1300, � 5, effective May 19. L. 2023: (2) and IP(3) amended, (HB 23-1301), ch. 303, p. 1834, � 57, effective August 7. 26-7.5-105. Funding of domestic violence, sexual assault, or culturally specific programs - funding coalitions - state domestic violence and sexual assault services fund - appropriation - repeal. (1) (a) The state department shall, subject to available appropriations, reimburse a nongovernmental agency or federally recognized Indian tribe operating a domestic violence, sexual assault, or culturally specific program or a state or tribal domestic violence or sexual assault coalition pursuant to this article 7.5. Not less than seventy-five percent of all contract funding under this article 7.5 must be allocated to nongovernmental agencies. (b) Money generated from fees collected pursuant to part 1 of article 2 of title 14 and article 15 of title 14 or transferred pursuant to section 13-32-101 (5)(a)(X) or (5)(b)(II) must be used to reimburse domestic violence, sexual assault, or culturally specific programs that provide services as provided in section 26-7.5-103 to persons or their families, which persons are married, separated, or divorced or parties to a civil union or an invalidated, legally separated, or dissolved civil union. (2) Staffing and administrative expenses of the state department of human services and other agencies for carrying out the provisions of this article shall be appropriated annually from available funds generated by the contribution cash funds. (3) (a) The Colorado domestic abuse program fund established pursuant to section 39-22-802 may be funded by any general fund money that is appropriated by the general assembly pursuant to the annual general appropriations act. The executive director has the authority to expend such funds appropriated to the Colorado domestic abuse program fund for the purposes described in this article 7.5. (b) The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the Colorado domestic abuse program fund established pursuant to section 39-22-802. The money shall then be appropriated from the Colorado domestic abuse program fund to the state department to be used for domestic abuse programs and purposes described in this article 7.5 that also conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended, including offsetting grant reductions and other losses experienced as a result of the COVID-19 public health emergency, and gender-based violence organizations, including standalone anti-sexual assault organizations. The state department may use up to five percent of any money appropriated by the general assembly pursuant to this subsection (3)(b) for development and administrative costs incurred by the state department pursuant to this subsection (3)(b). (4) (a) The state domestic violence and sexual assault services fund is created in the state treasury and is referred to in this subsection (4) as the fund. The fund consists of money transferred to the fund pursuant to subsection (4)(b) of this section and any other money appropriated or transferred into the fund. Money in the fund is continuously appropriated to the state department for any purpose described in this article 7.5. (b) Within three days after May 19, 2022, the state treasurer shall transfer six million dollars to the fund from the behavioral and mental health cash fund, created in section 24-75-230. Notwithstanding subsection (4)(a) of this section, the money transferred to the fund pursuant to this subsection (4)(b) that originates from money the state received from the federal coronavirus state fiscal recovery fund may only be used for a purpose described in this article 7.5 that conforms with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2. (c) The state department and each recipient of money from the fund that originates from money the state received from the federal coronavirus state fiscal recovery fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (c.5) and (c.7) Repealed. (d) The state department shall annually publish on its website: (I) For each organization that receives funding pursuant to this article 7.5, the name of the organization, amount of the funding received, the number and types of crimes for which victims are served, and the services provided with the funding; (II) The following information from organizations that receive funding, in aggregate: The number and types of crimes for which victims are served; the types of services provided; and the gender, race and ethnicity, and other available demographic information of clients served with the funding; and (III) To the extent known, and in aggregate form, the gender, racial and ethnic makeup, and other demographic information of the staff and board of directors, if applicable, of organizations that receive funding. The state department shall make its best effort to collect the information described in this subsection (4)(d)(III). (e) Subsections (4)(b) and (4)(c) of this section are repealed, effective July 1, 2027. Source: L. 83: Entire article added, p. 1137, � 1, effective July 1. L. 94: (1) amended, p. 967, � 1, effective April 28; (2) amended, p. 2706, � 272. effective July 1. L. 99: (3) added, p. 1177, � 3, effective June 2. L. 2009: (1) amended, (SB 09-068), ch. 264, p. 1210, � 3, effective July 1. L. 2011: (1)(b) amended, (HB 11-1303), ch. 264, p. 1170, � 73, effective August 10. L. 2013: (1)(b) amended, (SB 13-011), ch. 49, p. 169, � 29, effective May 1; (1)(b) amended, (HB 13-1300), ch. 316, p. 1690, � 83, effective August 7. L. 2021: (1)(b) amended, (HB 21-1287), ch. 264, p. 1539, � 4, effective June 18; (3) amended, (SB 21-292), ch. 291, p. 1724, � 8, effective June 22. L. 2022: (1) amended and (4) added, (SB 22-183), ch. 194, p. 1300, � 6, effective May 19. L. 2023: (4)(a), (4)(b), (4)(c), and (4)(e) amended and (4)(c.5) added, (HB 23-1107), ch. 264, p. 1570, � 2, effective May 25. L. 2024: (4)(c.7) added, (HB 24-1465), ch. 257, p. 1685, � 10, effective May 24. Editor's note: (1) Amendments to subsection (1)(b) by Senate Bill 13-011 and House Bill 13-1300 were harmonized. (2) Subsection (4)(c.5)(II) provided for the repeal of subsection (4)(c.5), effective June 30, 2024. (See L. 2023, p. 1570.) (3) Subsection (4)(c.7)(II) provided for the repeal of subsection (4)(c.7), effective June 30, 2025. (See L. 2024, p. 1685.) Cross references: (1) For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021. (2) For the domestic abuse program voluntary contribution, see part 8 of article 22 of title 39. 26-7.5-106. Repeal of article. (Repealed) Source: L. 83: Entire article added, p. 1138, � 1, effective July 1. L. 86: Entire section amended, p. 1005, � 1, effective April 3. L. 89: Entire section amended, p. 1513, � 3, effective March 9. L. 94: Entire section repealed, p. 967, � 2, effective April 28. ARTICLE 7.6 Task Force on Family Issues 26-7.6-101 to 26-7.6-105. (Repealed) Editor's note: (1) Section 26-7.6-105 provided for the repeal of this article, effective July 1, 1993. (See L. 91, p. 1763.) (2) This article was added in 1991 and was not amended prior to its repeal in 1993. For the text of this article prior to 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 7.8 Homeless Prevention Activities Program Law reviews: For note, Hunger and Homelessness in America: A survey of State Legislation, see 66 Den. U. L. Rev. 277 (1989). 26-7.8-101. Legislative declaration. The general assembly hereby finds that there are a growing number of persons in this state who lack the resources and the community ties necessary to provide for their own adequate shelter and who are likely to become homeless without community assistance. The general assembly recognizes that women and children are the fastest growing group of the homeless and that a large percentage of the total homeless population consists of families. The general assembly therefore finds that it is beneficial to the state to fund prevention activities programs to assist families and other persons who are likely to become homeless without some community assistance; that this article is enacted to provide a means by which such programs may be financed through a voluntary contribution designation on state income tax return forms; and that it is desirable to encourage residents of this state to designate the amount of such contribution to help fund such prevention activities programs on their state income tax return forms. Source: L. 89: Entire article added, p. 1226, � 1, effective July 1. 26-7.8-102. Definitions. As used in this article, unless the context otherwise requires: (1) Division means the division of housing within the department of local affairs created in section 24-32-704, C.R.S. (1.5) Executive director means the executive director of the department of local affairs. (2) Homeless prevention activities program means a community-based or community-oriented program which is operated by the division and established pursuant to the criteria set forth in section 26-7.8-103 to assist in preventing families and other persons from becoming homeless. (3) Repealed. (4) Unit of local government means a county, city and county, city, town, or municipality. Source: L. 89: Entire article added, p. 1226, � 1, effective July 1. L. 91: Entire section amended, p. 1945, � 1, effective April 17. L. 93: (1) amended, p. 1157, � 116, effective July 1, 1994. L. 2012: (1) and (2) amended, (1.5) added, and (3) repealed, (SB 12-158), ch. 151, p. 543, � 4, effective May 3. Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. 26-7.8-103. Homeless prevention activities program - criteria. (1) A homeless prevention activities program established pursuant to this article shall provide, but need not be limited to: (a) Assistance in avoiding eviction and foreclosure from an apartment or home; (b) Counseling for families and persons to prevent them from becoming homeless; (c) Mediation services to assist persons in avoiding eviction and foreclosure; (d) Programs that assist persons who are in danger of becoming homeless in obtaining services and information; (e) Referrals to and assistance in obtaining job-training, job-counseling, or information about job openings. (1.5) The program established by this article shall be administered by the division with recommendations from an advisory committee which is hereby created. The advisory committee shall be composed of at least three members selected by the executive director. One member shall be a representative of the department of human services, and two members shall be representatives from the public at large. The committee shall serve without compensation and shall not be entitled to reimbursement for their expenses while attending meetings of the committee. The division shall administer the program under the direction of the advisory committee. (2) At least seventy-five percent of all voluntary contributions made to the homeless prevention activities program fund pursuant to section 39-22-1301, C.R.S., shall be used for direct or financial benefit to individuals in Colorado who are homeless or in danger of becoming homeless; except that no funds shall be expended for direct cash payment to homeless persons or persons who are in danger of becoming homeless. (2.5) The division is authorized to spend up to five percent of all voluntary contributions made to the homeless prevention activities program fund, created pursuant to the provisions of section 39-22-1301, C.R.S., or fifteen thousand dollars, whichever is greater, for costs incurred in administering the program established by this article. (3) Repealed. Source: L. 89: Entire article added, p. 1227, � 1, effective July 1. L. 91: (1.5) added and (2) and (3) amended, p. 1945, � 2, effective April 17. L. 92: (1.5) and (3) amended and (2.5) added, p. 2144, � 1, effective March 25. L. 94: (1.5) amended, p. 2706, � 273, effective July 1. L. 96: (3) repealed, p. 1252, � 133, effective August 7. L. 2012: (1.5) and (2.5) amended, (SB 12-158), ch. 151, p. 544, � 5, effective May 3. Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994; for the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. 26-7.8-104. Homeless prevention activities program - contracts with nongovernmental agency - program standards. (1) The division shall enter into contracts or agreements for services for homeless prevention activities; except that the division shall not spend more than five percent of all voluntary contributions received on administrative costs. (2) Repealed. (3) The advisory committee shall direct the division to establish and enforce standards for all homeless prevention activities programs established pursuant to this article. (4) The advisory committee shall establish standards governing this program which assure that the funds collected pursuant to section 39-22-1301, C.R.S., are allocated to nongovernmental agencies, either directly or through the coordination and oversight of units of local government, for use for direct client services and assistance. (5) Repealed. Source: L. 89: Entire article added, p. 1227, � 1, effective July 1. L. 91: Entire section amended, p. 1946, � 3, effective April 17. L. 92: (1) to (3) amended, p. 2145, � 2, effective March 25. L. 2011: (5) added, (HB 11-1230), ch. 170, p. 588, � 4, effective July 1. L. 2012: (1) and (3) amended and (2) and (5) repealed, (SB 12-158), ch. 151, p. 544, � 6, effective May 3. 26-7.8-105. Funding of homeless prevention activities programs. (Repealed) Source: L. 89: Entire article added, p. 1228, � 1, effective July 1. L. 91: Entire section repealed, p. 1948, � 8, effective April 17. 26-7.8-106. Repeal of article. (Repealed) Source: L. 89: Entire article added, p. 1228, � 1, effective July 1. L. 91: Entire section amended, p. 1947, � 4, effective April 17. L. 95: Entire section repealed, p. 116, � 5, effective March 31. ARTICLE 8 Vocational Rehabilitation Editor's note: This article was numbered as article 9 of chapter 119, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.