- Oct 2023
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public assistance for needy individuals and families who are residents of the state and whose income and property are insufficient to meet the costs of necessary maintenance and services as determined by the state department and to assist such individuals and families to attain or retain their capabilities for independence, self-care, and self-support, as contemplated by article XXIV of the state constitution and the provisions of the social security act and the food stamp act. The state of Colorado and its various departments, agencies, and political subdivisions are authorized to promote and achieve these ends by any appropriate lawful means through cooperation with and utilization of available resources of the federal government and private individuals and organizations.
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- Sep 2023
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shall be eligible for emergency assistance
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casetext.com casetext.com
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Section 26-5.3-104 - Emergency assistance for families with children at imminent risk of being placed out of the home
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www.law.cornell.edu www.law.cornell.edu
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substantial limiting factor in permitting them
Note: The word "TEST", or "INCOME and ASSET TEST/REQUIREMENT/CRITERIA" are not terms used in this statue to define who is eligible to participate in SNAP. ...
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no State agency shall impose any other standards of eligibility as a condition for participating in the program.
Neither State statute, nor state agency administrative rule shall not impose any additional standard for participation (i.e. eligibility criteria)
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except
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Notwithstanding any other provisions of this chapter
[in spite of and not to be controlled by] any other l [statutory rules] of this chapter [of which "definition: household" is included See: statutory construction, SCOTUS, "20190611092122150_00000055.pdf" and Georgetown Law "A-Guide-to-Reading-Interpreting-and-Applying-Statutes-1.pdf"
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www.law.cornell.edu www.law.cornell.edu
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parents and their children 21 years of age or younger who live together
Is not listed as an exception to categorical eligibility, and, therefore, is included in "all other provisions of this chapter" and is, therefore, overruled by categorical eligibility (as "households" are eligible "notwithstanding" all "other provisions of this chapter" except those exceptions listed, as m(4) of this definition of "household" was). If Congress wanted to mandate household categorical eligibility was bound by the requirement of parent and child living within the same 4 walls, then m(2) would have been included as m(4) was (see SCOTUS statutory construction)
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individual or group of individuals constitute a household if they reside in an institution or boarding house,
A listed overruling exception to categorical eligibility
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(m) (1) “Household” means—
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Nothing in this article shall be construed to prevent the state department from complying with federal requirements for the food stamp program expressly provided by federal statute
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No later than October 1, 2010, the state department shall create a program or policy that, in compliance with federal law, establishes broad-based categorical eligibility for federal food assistance benefits pursuant to the supplemental nutrition assistance program.
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provide phased-in services aimed at reunifying families where a child has been placed out of the home, where appropriate, by tapping into other available federal funds or through moneys realized from cost avoidance in prevention of placement;
Reunify Other federal programs (SNAP+ CAT EL)
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Out-of-home placement is often the most expensive and disruptive method of providing services to troubled families
You are perpetuating the most disruptive service. And the most expensive.
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The general assembly finds and declares that: (a) Maintaining a family structure to the greatest degree possible is one of the fundamental goals that all state agencies must observe
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Family preservation services
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(1) "At-risk family" means a family unit with a child who meets out-of-home placement criteria as established by the state board or who, without intervention, risks continued involvement with the child welfare system as established by the state board.
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uscode.house.gov uscode.house.gov
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will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation
households who apply for participation
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Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation's agricultural abundance and will strengthen the Nation's agricultural economy, as well as result in more orderly marketing and distribution of foods
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advance.lexis.com advance.lexis.com
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If a participant does not agree with or fails to participate in a program or service identified in the IRC, the participant shall continue to receive the basic cash assistance grant that the participant received at the time the appeal is requested during the pendency of any appeal process.
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www.law.cornell.edu www.law.cornell.edu
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benefits shall not be reduced or terminated prior to the receipt of the final agency decision unless:
If they were cognizant enough to include in the rule for SNAP; we can assume they would've been cognizant enough to include it in TANF if they wanted it.
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library.municode.com library.municode.com
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Supportive payment
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Appeals From Administrative Proceedings & Your Legal Options
JUSTIA
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www.courts.state.co.us www.courts.state.co.us
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State Government Agency Appeals 1. What is an appeal of a state government agency decision or action?
Colorado Judicial -self help
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advance.lexis.com advance.lexis.com
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24-4-106. Judicial review.
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An Introduction to Judicial Review of Federal Agency Action
2016 Congressional Research Service
ChatGTP Appeal Notice for Joshua https://chat.openai.com/share/d1789e39-8511-4902-ba21-154c6d648702
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SidebariJudicial Review Under the Administrative Procedure Act (APA
2020 Congressional Research Service
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caselaw.findlaw.com caselaw.findlaw.com
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Supreme Court of Colorado
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for other good cause shown, the appellate court may, except as otherwise provided in C.A.R. 26(b), suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.
26(b)"Legal Holiday" Defined.
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www.law.cornell.edu www.law.cornell.edu
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LII Federal Rules of Appellate Procedure Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs
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If any information obtained from the household differs from that which the State agency obtained from available information or the household provided additional changes in information, the State agency shall arrange for the household or it authorized representative to initial all changes, re-sign and date the updated application and provide necessary verification.
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Discrepancies. Where unverified information from a source other than the household contradicts statements made by the household, the household shall be afforded a reasonable opportunity to resolve the discrepancy prior to a determination of eligibility or benefits. The State agency may, if it chooses, verify the information directly and contact the household only if such direct verification efforts are unsuccessful. If the unverified information is received through the IEVS, as specified in § 272.8, the State agency may obtain verification from a third party as specified in paragraph (f)(9)(v) of this section.
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any governmental body or officer or any lower judicial body exercising judicial or quasi-judicial functions
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docdrop.org docdrop.org
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UsingC.R.C.P. 106(a)(4) to obtain interlocutory appeal of discretionary decisionsin county court criminal cases
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www.law.cornell.edu www.law.cornell.edu
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effect of the decision in Hill v. Hawes is to give the district court power, in its discretion and without time limit, and long after the term may have expired, to vacate a judgment and reenter it for the purpose of reviving the right of appeal.
Take this in combination with my previously made arguments of ccr meeting convenience, using electronic mail, law stating lack of receipt of notice as good cause....as well as ccr rules about good cause includes homelessness and disability. *Look for precedent on good cause (hell, look for a source of precedents and law interpretation period, and then look up perfect on everything,.. reopening appeal, BCE, reparations, damages, fcs case)
Also, at minimum for strategy to reopen: use anything as an avenue for an action to be taken, then appeal it using misconduct as a just and request an opinion on the interpretation interpretation of law (if can't just directly ask the higher court to make a ruling as part of the lessor request). Mechanism thoughts: 1. With TANF final decision, ask for a reconsider or file a motion asking for both an order to reinstate snap as well as an interpretation of the law that the household in its ENTIRETY is included under BCE. 2. Going direct to higher court- I think can choose either. Might have read that COA lacks ability to order/remand/compel, technically speaking.
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