June 18, 2013

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Colorado Supreme Court: Department of Human Services Is Not “Victim” of Child Abuse and Not Entitled to Restitution for Fulfilling its Mandated Duty

June 26, 2012 by Leave a Comment

The Colorado Supreme Court issued its opinion in People v. Padilla-Lopez on June 25, 2012.

CRS § 18-1.3-602—Criminal Case Restitution—“Victim”—Aggrieved by the Wrongful Conduct of the Offender—Elements of Underlying Offense—Department of Human Services.

The Supreme Court affirmed the court of appeals’ holding that the El Paso County Department of Human Services (DHS) is not a “victim” entitled to restitution under CRS § 18-1.3-602(4)(a). Because DHS is not “aggrieved by” the crime of child abuse, the restitution statute does not allow DHS to recover costs it has expended in the course of fulfilling its statutorily mandated duty to provide necessary care and guidance to dependent and neglected children.

Summary and full case available here.

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State Board of Human Services Amends Home Care Allowance and Adult Foster Care Rules

September 20, 2011 by Leave a Comment

The Colorado State Board of Human Services has proposed rules to implement requirements of HB 10-1146, effective January 1, 2011, regarding Home Care Allowance and Adult Foster Care. These proposed rules focus on three elements:

  • Recipients of Supplemental Security Income to receive a full Home Care Allowance benefit;
  • Changes existing eligibility rules for dual recipients of Home Care Allowance, Adult Foster Care, and other long-term care programs; and
  • Changes in responsibilities of the county financial technicians in relation to the Home Care Allowance and Adult Foster Care programs.

The changes implemented in HB 10-1146 required changes to the Colorado Benefits Management System that could not be completed until January 2012.  Therefore, there has been a delay to implement for one year from the effective date of the bill.

Currently, any Home Care Allowance applicants or recipients can be eligible to receive both Home Care Allowance benefits and Home and Community Based waiver services.  Due to changes in statute, the rules will reflect that recipients will not be allowed to receive benefits from both the Home Care Allowance and Home and Community Based Services simultaneously.  This will require current recipients to choose a single benefit program.

As of January 1, 2011, eligibility will be expanded to include Supplemental Security Income (SSI) recipients who receive the maximum SSI benefit.  It is anticipated that many new persons will benefit from the rule changes, such as the developmentally disabled persons who are currently on waitlists for HCBS waiver services and who may be able to utilize Home Care Allowance in the interim.

A hearing on the proposed rules will be held on Friday, November 4, 2011 at the Colorado Department of Human Services, 1575 Sherman Street, Conference Room 4A/B, Denver, Colorado 80203, beginning at 10:00 am.

Full text of the proposed rules including red line edits can be found here. Further information about the rules and hearing can be found here.

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State Board of Human Services Modifies Resource Limits for Food Assistance Program

September 20, 2011 by Leave a Comment

The Colorado State Board of Human Services has amended the resource limits for the Food Assistance Program. This rule change is seen as necessary in order for the Colorado Food Assistance Program to respond to a recent memorandum, dated August 25, 2011, regarding an increase in the resource limits for the Program.

Based on the recent memorandum, the resource limit for households that contain at least one member who is elderly and/or is a person with a disability has increased from $3,000 to $3,250.  The only households that this rule change would apply to would be those households that are eligible for the Food Assistance Program under standard eligibility rules, as laid out in rule section B-4011.1, and who meet the criteria of having at least one member who is elderly and/or is a person with a disability.

Households that do not contain a member who is elderly and/or is a person with a disability and who are eligible under standard eligibility rules will continue to meet the $2,000 resource limit.  Effective March 2011, roughly 97% of all households eligible for the Food Assistance Program are not subject to an asset test due to the implementation of expanded categorical eligibility.

The rule change also seeks to modify the current language at section B-4224 to remove the specific dollar amounts for the resource limits because the resource limit will now be indexed to inflation; therefore, there is potential for the limit to change every October, which is the beginning of the Federal Fiscal Year. The annual adjustment in the resource limit, including the one in October 2011, is a national requirement that all states much adhere to.

A hearing on the amended rules will be held on Friday, November 4, 2011 at the Colorado Department of Human Services, 1575 Sherman Street, Conference Room 4A/B, Denver, Colorado 80203, beginning at 10:00 am.

Full text of the proposed rules including line edits can be found here. Further information about the rules and hearing can be found here.

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2013-06-19 03:05:09