Temporary Assistance for Needy Families Program

The Colorado  Combined  State  Plan  is  effective  July 1, 2022. Colorado’s TANF program is known as Colorado Works and is designed to assist families in becoming stable and self-sufficient, reducing the need for the social safety net due to positive outcomes, particularly employment. The Colorado  Works  program  is  administered  by  the  Colorado  Department of Human  Services, Office  of Economic  Security,  Employment  and  Benefits  Division  in  a  State  supervised,  county administered  system. Colorado values engaging low-income families in services and strategies that result in meaningful, self-supporting employment as the best strategy for promoting long-term well-being for those in poverty. In addition to the core function of the safety net, Colorado Works promotes job preparation, successful transition to and progression in work, and develops strategies and policies that ensure clients are engaged in an individualized and outcome-oriented plan that promotes well-being and economic security.

The Colorado Works program, in its design, also promotes capacity building and preventative measures to strengthen families, provide for positive youth development and healthy relationships. The Colorado Works program operates in all counties in Colorado and is administered locally by county departments of human/social services, per State statute. Each county enters into a performance memorandum of understanding with CDHS and has written county policies describing its program. CDHS is responsible for ensuring that all counties comply with the terms of their county policies, as well as with all federal and State statutes and regulations. County departments of human/social services have flexibility in determining the most effective approach for accomplishing the four federal purposes of TANF within their local area and within the parameters established by the State and federal government, including the authority to contract all or part of the program operation to private and/or public providers. Counties develop their program policies to deliver the most appropriate services to eligible clients in their communities. All local program policies must meet federal and State statutory and regulatory requirements.

In addition to the services and investments made by counties through implementation at the local level, CDHS is committed to supporting programs throughout the State that serve low-income families and that are designed to meet one of the four purposes of TANF. CDHS also administers the Personal Responsibility and Education Program (PREP) grant, which provides comprehensive and medically accurate sexual health education to teens.

 Eligibility Criteria, Benefit Levels and Services

Colorado Works statutes state that no individual is entitled to benefits or services under the Colorado Works program. Colorado Works provides fair and equitable treatment to all clients and does not discriminate based on age, physical or mental disability, race, color or national origin, religion, creed, national origin, ancestry, sex/gender, pregnancy, sexual orientation, gender identity, political affiliation, or any other basis prohibited by law.

Basic cash assistance: Colorado Revised Statutes set uniform statewide basic eligibility and minimum benefit levels for basic cash assistance based on Aid to Families with Dependent Children (AFDC) rules that were in effect on July 16, 1996, with the following exceptions:

1. Families do not have to include half siblings in the same assistance unit if at least one of the half siblings is receiving child support;
2. Sixty seven percent of a client’s income is disregarded for ongoing benefit calculation;
3. All wages earned in subsidized employment are exempted from eligibility determination and grant calculation pursuant to C.R.S. 26-2-706.9 (9) (d) and C.R.S. 26-2-709 (1) (II). Some other types of income such as low income energy assistance, income from WIOA, and income received in a lump sum are also exempt from the eligibility determination;
4. Two parents are treated the same as single parent families however; cash assistance is paid using State-only funds; and,
5. A family’s resources are exempt.

 Eligibility criteria for cash assistance also include the following:

1. Colorado does not impose a family cap;
2. Colorado does require the client to work with child support services, to ensure child(ren) receive financial support. Colorado does require the assignment of child support rights as a condition of eligibility for Colorado Works;
3. Colorado does not impose different eligibility criteria or benefit levels on families moving into Colorado from other states;
4. Expectant parents that can prove pregnancy are eligible; and,
5. All work eligible individuals must sign and participate in an individualized plan.

The following persons shall be ineligible for all Colorado Works benefits or services:

1. Fugitive or fleeing felons;
2. Persons convicted of a drug-related felony as defined in 21 U.S.C. 862A and Section 18-1.3-401.5 and Section 4 of Article 18 of Title 18 of the C.R.S.  on or after July 1, 1997, unless the county department has determined that the person has taken action toward rehabilitation, such as, but not limited to, participation in a drug treatment program;
3. Assistance units with an adult participating in a strike; and,
4. 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 date of entry into the United States.

In addition to the basic cash assistance grant, county departments of human/social services may provide other assistance in the form of additional non-recurrent short term benefits, services, and incentives to clients above the basic benefit level, as outlined in their county policy.

To receive benefits, an assistance unit may consist of the dependent child, siblings of the dependent child, and a specified caretaker (such as parents or grandparents, etc.). A dependent child is a child under age 18 or between 18 and 19 who is expected to graduate from high school or complete high school equivalency prior to his/her 19th birthday.

Every household receiving TANF assistance is raising a child. There are three primary family types receiving Colorado Works assistance:

• Two parent households or single parent households with at least one child (including pregnant women without other children)
• Child(ren) living with a caretaker where the child(ren) and the caretaker are also receiving benefits
• Child(ren) living with a caretaker whereby benefits are to support the child(ren), but not the adult(s) in the household (referred to as child-only households)

A caretaker is a person who exercises responsibility for the child and may or may not be related to that child. Dependent child(ren) must live with a caretaker; except:

• Child(ren) receiving family preservation services or receiving services as outlined in Colorado’s approved Title IV-A State Plan in effect as of September 30, 1995, or
• The child or the caretaker is temporarily absent from the home to receive medical treatment, or
• The child is under the jurisdiction of the court, or
• Legal custody is held by an agency that does not have physical custody of the child, or

• The child is in regular attendance at a school away from home. 

Persons living in the household who are financially responsible for members of the assistance unit, but who are not required to be in the unit, will have their income, minus the employment disregard, deemed available to the family unit. The income disregard at initial application is $90; once eligibility has been established, 67% of income will be disregarded during the certification period (up to six months). The generous disregard after eligibility has been determined is intended to support a transition to employment for families receiving assistance, allowing access to not only basic cash, but also case management and supportive payments that are critical during early attachment to work. Non-monetary services may also be provided to a non-custodial parent according to program rules, as outlined in county policy.

Caretakers are required to notify the agency within normal program reporting requirements if a child has left the home. Good cause exceptions for temporary absence include child(ren) receiving medical care or education that requires him or her to live away from the home. 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: is on active duty in the uniformed service of the United States, is temporarily absent from the home to receive medical treatment, is temporarily absent from the home for less than forty-five (45) calendar days and has established an intent to return.

Applications and redeterminations of eligibility: Applications for Colorado Works benefits must be processed within 45 calendar days. For persons receiving ongoing basic cash assistance, a redetermination of eligibility must be completed at least annually. Redeterminations for Colorado Works benefits must be completed by the last day of the month if submitted prior to the 15th of the redetermination month and must be completed within 30 days of receipt if received after the 16th of the redetermination month.

Method and frequency of basic cash assistance: Assistance units are certified as eligible and receive benefits through a certification period, notwithstanding changes to household composition or income that would render the unit ineligible entirely. Families are required to report changes as they occur, including changes to household composition, income (source or amount, earned or unearned), or residence. Once determined eligible, negative changes (reductions in grant payments) are not acted upon until recertification unless the assistance unit becomes ineligible entirely. Positive changes are acted upon during the certification period so that increases to assistance happen prior to recertification. 

Time limits: Adult members of the assistance unit are limited to 60-months of TANF assistance during their lifetime unless an extension is granted. Up to 20% of the statewide caseload may receive an extension of federal TANF assistance beyond the 60-month lifetime limit if their cases meet hardship or domestic violence criteria. No extensions will be formally granted until the adult has received TANF benefits for 60-months. All extensions will be granted by the county department of human/social services based on hardship or domestic violence reasons defined in Colorado Works rules and county policies. Reasons for extensions beyond the 60-month time limitation include the following:

1. Disability of the caretaker, his/her spouse, the dependent child(ren), or immediate relative for which the caretaker is the primary caregiver;
2. Involvement in the judicial system because a member of the assistance unit has an existing case;
3. Family instability, including the proven inability to maintain stable employment or inability of the caretaker to care for child(ren) in his or her own home or in the home of a relative;
4. Inadequate or unavailable child care, housing, transportation, or employment opportunities;
5. Families experiencing current or past domestic violence issues; and,
6. Other hardship reasons specified in the county’s policies.

Minor parents: A minor parent is a parent who is under age 18. Minor parents are considered child(ren) for purposes of time limits and budgeting unless they are married, emancipated, divorced, or widowed. Minor parents who are considered children must live with a parent, adult relative or guardian, or in a setting deemed appropriate by the county, with exceptions for good cause. Minor parents who have not completed high school or its equivalent must attend high school, be engaged in steps toward high school equivalency, or be in an alternative education training program approved by the State in order to be eligible for assistance unless receiving benefits paid with segregated State/local funds. Colorado does not require non-custodial, non-supporting minor parents to fulfill community work obligations or attend appropriate parenting classes after school.

Tribal Eligibility: Members of Indian tribes who live in Colorado and are not eligible for assistance under a Tribal Family Assistance plan approved under Section 412 of the Social Security Act could be eligible for Colorado Works. Any month of receipt by an adult while living in Indian Country or a Native Alaskan Village where at least 50 percent of the adults are not employed shall not count towards the 60 cumulative months of assistance. Indian Country is defined in Section 1151 of Title 18, Part 1, Chapter 53, United States Code, as of January 6, 1999.

Sanctions: Sanction means a reduction in Colorado Works grant payments for an established period of time as a result of not participating in the Colorado Works Workforce Development program. Sanctions apply to the full family. Before sanctions take effect, the county office must attempt to gather good cause or re-engage with the client. Benefits will not be sanctioned if the client re-engages or presents good cause for non-participation. If re-engagement is not successful, the sanction process will ensue, as follows:

The reduction for the first, second, and third instance of a sanction shall be 25% of an assistance unit’s grant payment. The sanction shall be in effect for one month for each level sanction. A first, second, or third instance of sanction shall progress to the next level of sanction if the client does not re-engage in the Colorado Works Workforce Development program by the end of the month that the sanction is being served.

The reduction for a fourth instance of sanction is 100% and shall result in case closure of the Colorado Works grant payment. The closure shall be in effect for one month. A new application for Colorado Works grant payments is required.

The sanction period is determined by the State Board of Human Services. Once a client reaches the fourth sanction, all subsequent sanctions are at the fourth level.

Disqualifications: Persons who are required members of the assistance unit, but are disqualified from or ineligible to receive Colorado Works basic cash assistance or diversion due to program prohibitions or violations, shall be removed from the assistance unit.

1. Individuals who commit fraud, either through a court conviction or determination of an Intentional Program Violation through the administrative process, will be removed from the grant for a 12-month period for the first offense, 24-months for the second offense, and permanently for the third offense.
2. Individuals who misrepresent information in order to receive assistance in two states at the same time will be ineligible for a period of ten years.
3. Individuals who are fugitive or fleeing felons.
4. Individuals who have been convicted of a drug-related felony on or after July 1, 1997, unless the county has determined that the person has taken action toward rehabilitation.
5. Individuals who have failed to apply for a Social Security Number, unless good cause exists.
6. Individuals who are non-citizens and do not meet the definition of a qualified legal noncitizen.

Overpayments and recoveries: All overpayments are promptly established as account receivables unless:

1. The household members are without fault in the creation of the overpayment,
2. The change in income or other circumstances were reported timely, and
3. The recovery would deprive the household of income required for ordinary and necessary living expenses or would be against equity and good conscience. The fact that the client is receiving public assistance shall not be the only factor in making a determination that the person would be deprived of income required for ordinary and necessary living expenses or that equity and good conscience exist.

A county will not pursue collection of overpaid benefits from individuals who were dependent child(ren) in the overpaid Colorado Works case.

A. For individuals actively receiving assistance who choose not to repay an overpayment in a lump sum, the monthly recovery amount is as follows:

1. Compute ten percent (10%) of the Colorado Works grant payment. If the resulting percentage amount is less than ten dollars ($10), the deduction from the grant payment shall be ten dollars ($10).
2. Deduct the percentage amount, or ten dollars ($10), whichever is higher, from the grant payment to arrive at the payment amount. This amount shall be rounded to the next lower whole dollar amount, if not already a whole dollar amount. This rounded amount is the final payment amount.
3. When the authorized payment amount is less than ten dollars ($10), the case is considered a “no payment” case and no deduction shall be made and that month is not considered towards the federal TANF time limit.
4. When recovery is due to a fraudulent action on the part of the client and interest may be added thereto, the interest amount shall not be included in the grant deduction unless the client agrees to such inclusion. If the client does not agree, the interest amount shall be collected.
5. The amount of the grant payment deduction for recovery shall be recorded in the client’s case file and collected via the statewide benefit management system.
6. Claims shall not be collected against supportive payments and/or other assistance payments unless such claim is due to fraud and/or IPV claims.

B. For overpayments to non-active cases, the county shall establish a monthly repayment plan with the family which shall be no more than twenty-five (25) percent of the monthly available income.

Non-recurrent, short-term benefits: Colorado offers non-recurrent, short-term benefits and services to its Colorado Works clients through supportive payments to families receiving Colorado Works and diversion to families not currently receiving Colorado Works.

In order to be eligible for non-recurrent, short-term benefits, a family must:

1. Include child(ren) living with a caretaker or be a parent(s) with unborn child(ren); and,
2. The family’s gross income is under the threshold set in the State regulations; and,
3. Be lawfully present.

Notwithstanding the above eligibility requirements, all Colorado residents are eligible to receive services intended to reduce out-of-wedlock pregnancies and/or encourage the formation and maintenance of two-parent families if paid exclusively with federal TANF funds. The federally funded Personal Responsibility Education Program (PREP) intends to decrease teen pregnancies through the implementation of evidence-based comprehensive sexual health education curriculum. The grant requires additional programming to focus on at least three of the six federally outlined Adult Preparation Subjects (APS): healthy life skills, healthy relationships, financial literacy, employment and education goals, adolescent development, and/or adult/child communication. PREP curricula and APS are provided in school settings, juvenile detention facilities and for youth in other out of home placements via partnerships with county departments of child welfare.

Additional Colorado Works benefits and services: Other benefits and services include, but are not limited to, the following:

1. Colorado provides family planning services not available through Health First Colorado, Colorado’s Medicaid program.
2. Counties may provide employment, achievement, or participation incentives to clients as determined by county policy.
3. Colorado notifies applicants of assistance available related to domestic violence and ensures case workers and other state agency personnel are trained on the nature and dynamics of domestic violence, including prevention measures. Colorado screens for domestic violence and offers the Family Violence Option waivers. Counties implement all three Family Violence Option waivers to include extending the time limits, waiving participation in work requirements, and exemption from referral to Child Support Services when indicated by the assessment. Counties refer domestic violence survivors for needed services. Colorado is meeting the requirements for the federally approved Family Violence Option waiver.
4. Colorado meets the needs of the refugee population through the Colorado Refugee Services Program (CRSP) utilizing Colorado Works funding.
5. Colorado promotes responsible fatherhood through evidence-based responsible parenting and relationship education programs. A state level program, called IMPACS, is operated by the Child Support Services Division to support non-custodial parents with work preparation and support.
6. Colorado offers subsidized employment programs for both custodial and non-custodial parents that are TANF eligible. The Colorado Works Subsidized Employment and Training Program (CW STEP) is one example. The program assists Colorado Works clients to attain living-wage, permanent jobs through employment opportunities with subsidized wages, including apprenticeships, on-the-job training, transitional jobs, and paid internships.

Non-citizens: Qualified non-citizens, who entered the U.S. on or after August 22, 1996 and have been in the country for five or more years, are eligible for Colorado Works in accordance with Section 402(b) of the Act and Title IV of PRWORA. Victims of severe forms of trafficking are eligible for Colorado Works benefits to the same extent as refugees. Counties may assist unexpected qualified aliens who arrived on or after August 22, 1996 and have been in this country less than five years and aliens lawfully present who would be eligible for TANF but for Title IV of PRWORA with segregated State/local funds.

Refugees: Refugees and other eligible populations (45 CFR 400.43) are qualified aliens exempt from the five-year bar. Refugees eligible for assistance through Colorado Works submit an application through their county of residence. The State provides its Refugee-TANF (Colorado Works) population assistance and services by utilizing county departments and CRSP. County departments are charged with the responsibility of the Colorado Works eligibility determination, and CRSP, through its contractors, with case management and service provision responsibilities, which may include workforce development. The model implemented by the State helps ensure all services for refugees are culturally and linguistically appropriate. This model is dependent on the leveraging of TANF funds that support the work of CRSP and its contractors.

Through the assessment process, CRSP determines the most appropriate way to serve refugee families. Consistent with all families accessing Colorado Works benefits, the assessment is used to determine if either a monthly grant or a non-recurrent short term benefit is most appropriate based upon family circumstances.

Family preservation: The Family Preservation Program replaced the IV-A Emergency Assistance Program that was administered by the child welfare. This program utilizes segregated federal TANF funds to provide services to families where the child(ren) are at risk of out-of-home placement. These services are designed to ensure that child(ren) can be cared for in their own homes or in the homes of caretaker relatives, and include case planning, case management, counseling, family support programs, intensive family therapy, day treatment, home-based services, non-medical drug and alcohol treatment, and crisis intervention services. 

Eligibility for Family Preservation is as follows:

1. The family income must be under $75,000 yearly; and,
2. The child must meet out-of-home placement criteria; and,
3. The child lived with a specified relative within the last six months.