Join us for our annual Communities Against Poverty event on Thursday, December 12th from 11am to 1pm at History Colorado Center! Learn more and register today!

¡Únase a nosotros para nuestro evento anual Comunidades Contra la Pobreza el jueves 12 de diciembre de 11am a 1pm en el Centro de Historia de Colorado! ¡Aprenda más y regístre hoy!

News

Sep 14, 2017

by

Recent articles

CCLP’s 26th birthday party recap

Aug 13, 2024

CCLP celebrated our 26th birthday party while reflecting on another year of successes on behalf of Coloradans experiencing poverty.

A Better Budget: Preserve funding civil legal-aid funding

by | Sep 14, 2017

Family Economic Security

President Donald Trump calls his proposed budget for fiscal year 2018, “A New Foundation For American Greatness.” Alternately dubbed the “taxpayer-first budget,” the document proposes $3.6 trillion in cuts over 10 years – largely at the expense of education, health care, housing and services that give low-income individuals and families a chance to maintain financial security – while decreasing taxes for the wealthy.

As Congress considers the proposals under the Trump budget, we at Colorado Center on Law and Policy believe that a true foundation for “American greatness” begins with policies that invest in struggling Americans. To that point, we are publishing a series of analyses entitled, “A Better Budget,” which will examine the importance of programs targeted for reduction or elimination under the Trump budget. We will then outline how policymakers can strengthen – not undermine – the nation’s safety net while building an inclusive, fair and just economy that reflects our American ideals and puts more Americans on a path toward self-sufficiency.                          

Part Four of the series examines the proposed elimination of the Legal Services Corp., a federally funded entity that provides legal aid resources for those who otherwise could not afford to pay for a lawyer.

Access to justice is a founding principle of our republic. In fact, every day across this country when school children, public officials and millions more recite the Pledge of Allegiance, they reaffirm that the United States of American stands for liberty and justice for all. 

Yet, the reality is that many people must face pressing legal problems alone without an attorney at their side when what they hold most dear is at stake. Every day, people face the break-up of their families, the loss of their children, bankruptcy from medical debt or loss of their home without legal representation.

Civil legal aid helps ensure fairness for all people in the justice system, regardless of how much money they have. It helps people protect their livelihoods, their health and their families when faced with government attorneys, banks and other well-represented parties.

What is the LSC?
Established in 1974 with broad bipartisan support, Legal Services Corporation (LSC) is a federally funded entity that helps Colorado Legal Services (CLS) provide  lawyers to  represent people who are below the eligibility threshold of 125% of the Federal Poverty Level. CLS has attorneys in offices throughout Colorado.  It  receives 40 percent of its funding from LSC.

That funding doesn’t just help low-income people. CLS provides self-help resources, online resources to anyone who needs it through forms written in plain language, volunteer lawyers, legal clinics and referral services. CLS brings to life the promise of justice for all.

Proposed cuts
President Trump’s budget proposes to eliminate the LSC, currently funded at $385 million. Were that to happen, CLS would need to remove attorneys in some rural offices where there are no other options for people who need help.  Eliminating LSC and forcing such a dramatic reduction in access to justice is a drastic change from decades of bipartisan support for civil legal aid.  Colorado’s Republican Attorney General, Cynthia Coffman joined Massachusetts Attorney General in a letter to U.S. Senate budget-writers opposing the elimination of funding for Legal Services Corp.  The letter was signed by 32 attorneys general from both parties.

Although Trump’s proposed budget for fiscal year 2018 isn’t carrying the day, the House Appropriations Committee has approved a 25 percent cut in LSC funding, which would mean a $1.1 million loss for CLS. The Senate Appropriations Committee has approved level funding for next year, but the final LSC budget will require agreement between the House and the Senate.

Any cut in LSC funding would be devastating for low-income Coloradans with serious civil legal problems. The current funding level is already $50 million below the 2010 budget while the eligibile population has increased and their legal needs have become more complex.  Even at current funding levels, CLS is forced to turn away at least one income-eligible Coloradan for every Coloradan served due to inadequate resources. CLS is the only agency in the state that provides free legal services in civil cases to indigent clients in every Colorado county. The organization has only 51 lawyers on staff to serve an income-eligible population of more than 800,000.

Access to justice is not a partisan issue and it should not depend on how wealthy you are.  The veterans, military families and people with disabilities attempting to secure important benefits, survivors of domestic violence seeking safety, and families facing foreclosure or displacement by natural disasters come from across the political spectrum.  Without the assistance of an attorney to navigate the legal system, the odds are stacked against them.

Despite the potential cuts, and the threat of eliminating LSC, the demand for these legal services remains high nationwide. According to LSC, the gap between the number of people who need legal services and the resources available to meet their needs remains significant. One in five Americans qualifies for legal services today. In 2016, income eligibility for LSC-funded legal aid is $14,850 for an individual and $30,375 for a family of four.

The most recent data from the Census Bureau show that the number of people eligible for LSC-funded services in 2014 was 63 million. This was only slightly lower than in 2012, when the number was the highest in LSC’s history. Although LSC projects that the eligible population will decrease slightly by 2017, the total number of people in need of services will remain very high, and significantly higher than before the recession began. In 2010, when LSC received its largest appropriation in absolute dollars, grantees provided services to 2.3 million people in all households served. Four years later, after LSC’s appropriations fell, LSC grantees were able to help only 1.9 million people in all households served, a decline of 17 percent

The case for funding
The Conference of Chief Justices (CCJ) of state supreme courts, a non-partisan organization comprised of the chief justices and judges of every state, has been a strong advocate of funding for LSC. In 2013, the CCJ released a policy paper that showed that the large number of unrepresented citizens overwhelming state courts has negative consequences on the effective and efficient operation of the courts.

The paper concludes that adequate funding for LSC is necessary to better meet the demand for legal services and to ensure access to justice for all. In 2015, the CCJ and COSCA called on all members of Congress to provide funding to the LSC at the level necessary to enable legal services providers to furnish critically needed legal assistance and advice to low-income and vulnerable Americans.

Colorado Center on Law and Policy has provided access to justice for low-income Coloradans for nearly 20 years. Working together with CLS, CCLP helps assure people receive assistance from public benefits when they need them. We are adding our voice to leaders of the American Bar Association, the Colorado Bar Association, attorneys representing some of the largest corporations in the United States, and countless business and civic leaders in opposing any reduction in funding for LSC.

Legal rights without lawyers to help enforce them mean very little. A reduction in LSC funding would seriously jeopardize the ability of low-income Coloradans to secure the help they need in civil legal matters to ensure the health, safety and stability of themselves and their families.

In considering A Better Budget, we call on members of Congress – particularly Colorado’s delegation – to increase their support for LSC and reject the Trump administration’s call to eliminate the program.

– By Claire Levy

Related articles

CCLP Policy Forum: Tax credits & you recap
Facing the facts: Advocates present to the JBC on glitch-plagued PHE Unwind
2024 Legislative session: addressing economic challenges at the individual and state level

Recent articles

CCLP’s 26th birthday party recap

Aug 13, 2024

CCLP celebrated our 26th birthday party while reflecting on another year of successes on behalf of Coloradans experiencing poverty.

HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.