DOC - Colorado General Assembly

Colorado Revised Statutes 2019
TITLE 26

HUMAN SERVICES CODE

ARTICLE 1

Department of Human Services

Editor's note: This article was numbered as article 1 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 The provisions of this article were repealed and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.

PART 1

GENERAL PROVISIONS

26-1-101. Short title. This title shall be known and may be cited as
the "Colorado Human Services Code".

Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-1. L. 93:
Entire section amended, p. 1103, § 16, effective July 1, 1994.

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.

26-1-102. Legislative declaration. (1) The general assembly
declares that state and local policymakers and health and human services
administrators recognize that the management of and the delivery system for
health and human services have become complex, fragmented, and costly and
that the health and human services delivery system in this state should be
restructured to adequately address the needs of Colorado citizens.
(2) The general assembly further finds and declares that a
continuing budget crisis makes it unlikely that funding sources will keep
pace with the increasing demands of health and human services.
(3) Therefore, the general assembly finds that it is appropriate to
restructure the principal departments responsible for overseeing the
delivery of health and human services and to reform the state's health and
human services delivery system, using guiding principles and within the
time frames set forth in article 1.7 of title 24, C.R.S. It is the general
assembly's intent that the departments of public health and environment,
health care policy and financing, and human services be operational,
effective July 1, 1994.
Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-2. L. 77:
Entire section amended, p. 1321, § 1, effective July 1. L. 79: (1) amended,
p. 1080, § 1, effective July 1. L. 91: Entire section amended, p. 1895, §
3, effective July 1. L. 93: Entire section amended, p. 1103, § 17,
effective July 1, 1994.

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.

26-1-103. Definitions. As used in this title 26, unless the context
otherwise requires:
(1) "County board" means the county or district board of human or
social services.
(2) "County department" means the county or district department of
human or social services.
(3) "County director" means the director of the county or district
department of human or social services.
(4) "Executive director" means the executive director of the
department of human services.
(5) "State board" means the state board of human services authorized
to act in accordance with the provisions of section 26-1-107.
(6) "State department" means the department of human services.
(7) "State designated agency" means an agency designated to perform
specified functions that would otherwise be performed by the county
departments.

Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-3. L. 91:
(7) added, p. 1895, § 4, effective July 1. L. 93: (4) to (6) amended, p.
1104, § 18, effective July 1, 1994. L. 94: (5) amended, p. 1560, § 6,
effective July 1. L. 2003: (4), (5), and (6) amended, p. 2584, § 5,
effective July 1. L. 2006: (4), (5), (6), and (7) amended, p. 1985, § 8,
effective July 1. L. 2015: (2) and (3) amended, (SB 15-087), ch. 263, p.
1001, § 1, effective June 2. L. 2018: IP and (1) amended, (SB 18-092), ch.
38, p. 446, § 114, effective August 8.

Cross references: (1) For the legislative declaration contained in
the 1993 act amending this section, see section 1 of chapter 230, Session
Laws of Colorado 1993. For the legislative declaration in SB 18-092, see
section 1 of chapter 38, Session Laws of Colorado 2018.
(2) For additional definitions applicable to this article, see § 26-
2-103.

26-1-104. Construction of terms. (1) Whenever any law of this state
refers to the state department of public welfare or the state department of
social services, or to the director, said law shall be construed as
referring to the department of human services or to the executive director
of the department of human services. Whenever any law of this state refers
to the division of public assistance, or to the division of children and
youth, or to any other division of the state department, said law shall be
construed as referring to the department of human services.
(2) Whenever any law of this state refers to the state board of
public welfare or to the state board of social services, said law shall be
construed as referring to the state board of human services.

Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-3. L. 93:
Entire section amended, p. 1104, § 19, effective July 1, 1994. L. 94: (2)
amended, p. 1560, § 7, effective July 1. L. 2006: Entire section amended,
p. 1985, § 9, effective July 1.

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.

26-1-105. Department of human services created - executive director
- powers, duties, and functions. (1) Effective July 1, 1994, there is
hereby created a department of human services, the head of which shall be
the executive director of the department of human services, which office is
hereby created. The executive director shall be appointed by the governor,
with the consent of the senate, and shall serve at the pleasure of the
governor. The reappointment of an executive director after an initial
election of a governor shall be subject to the provisions of section 24-20-
109, C.R.S. The executive director has those powers, duties, and functions
prescribed for the heads of principal departments in the "Administrative
Organization Act of 1968", article 1 of title 24, C.R.S.
(1.5) The department of human services shall consist of a state
board of human services, an executive director of the department of human
services, and such divisions, sections, and other units as may be
established by the executive director pursuant to the provisions of
subsection (2) of this section.
(2) (a) The executive director may establish such divisions,
sections, and other units within the state department as are necessary for
the proper and efficient discharge of the powers, duties, and functions of
the state department. The executive director may allocate the powers,
duties, and functions previously assigned to statutorily created divisions
or sections of the state department of social services and the department
of institutions to the divisions, sections, and other units established
pursuant to this subsection (2). The executive director is authorized to
create, eliminate, or alter such sections and units within the state
department as the executive director determines are necessary to
effectively and efficiently operate consistent with the plan for
restructuring health and human services, as set forth in article 1.7 of
title 24, C.R.S.
(b) (Deleted by amendment, L. 93, p. 1105, § 20, effective July 1,
1994.)
(3) The department of human services shall be responsible for the
administration of human services programs as set forth in part 2 of this
article.
(4) On and after January 1, 2014, the department of human services
shall implement a program to generate awareness among:
(a) The residents of the state regarding the mistreatment, self-
neglect, and exploitation of at-risk adults;
(b) The persons identified in section 26-3.1-102 (1)(b) who are
urged to report the mistreatment, self-neglect, or exploitation of an at-
risk adult; and
(c) The persons identified in section 18-6.5-108, C.R.S., who are
required to report the abuse or exploitation of an at-risk elder.

Source: L. 73: R&RE, p. 1161, § 1. C.R.S. 1963: § 119-1-4. L. 93:
Entire section amended, p. 1105, § 20, effective July 1, 1994. L. 2013: (4)
added, (SB 13-111), ch. 233, p. 1126, § 10, effective May 16.

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. For the legislative declaration in the 2013 act adding
subsection (4), see section 1 of chapter 233, Session Laws of Colorado
2013.

26-1-105.5. Transfer of functions - employees - property - records.
(1) (a) The department shall, on and after July 1, 1994, execute,
administer, perform, and enforce the rights, powers, duties, functions, and
obligations vested prior to July 1, 1994, in the department of social
services, the department of institutions, and the department of health
concerning the administration of substance use disorder treatment programs.
(b) On and after July 1, 2006, the provisions of this section shall
not apply to the functions, employees, and property transferred under the
provisions of sections 24-1-119.5, C.R.S., and 25.5-1-105, C.R.S.,
concerning the "Colorado Medical Assistance Act", the Colorado indigent
care program, and the treatment program for high-risk pregnant women.
(2) (a) On and after July 1, 1994, all positions of employment in
the department of health, the department of social services, and the
department of institutions concerning the powers, duties, and functions
transferred to the department of human services pursuant to this article
and determined to be necessary