Care and Treatment of Persons with Intellectual and Developmental Disabilities

C.R.S. tit. 27, art. 10.5
in effect

C.R.S. § 27-10.5-101 Legislative declaration - repeal

27-10.5-101. Legislative declaration - repeal. (Repealed)

C.R.S. § 27-10.5-102 Definitions

27-10.5-102. Definitions. As used in this article 10.5, unless the context otherwise requires: (1) "Authorized representative" has the same meaning as set forth in section 25.5-10-202, C.R.S. (1.5) "Case management agency" has the same meaning as set forth in section 25.5-6-1702 (2). (2) "Case management services" has the same meaning as set forth in section 25.5-10-202, C.R.S. (2.3) "Case manager" has the same meaning as set forth in section 25.5-10-202, C.R.S. (2.5) (Deleted by amendment, L. 2008, p. 1442, § 1, effective August 5, 2008.) (3) Repealed. (4) (Deleted by amendment, L. 2013.) (5) "Consent" has the same meaning as set forth in section 25.5-10-202, C.R.S. (6) "Contribution" has the same meaning as set forth in section 25.5-10-202, C.R.S. (7) "Court" has the same meaning as set forth in section 25.5-10-202, C.R.S. (7.5) "Defined service area" has the same meaning as set forth in section 25.5-6-1702 (7). (8) "Department" means the department of human services. (9) Repealed. (10) "Developmental disabilities professional" has the same meaning as "intellectual and developmental disabilities professional" as set forth in subsection (21.5) of this section. (11) (a) "Developmental disability" has the same meaning as "intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S. (b) "Person with a developmental disability" has the same meaning as "person with an intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S. (c) "Child with a developmental delay" means: (I) A person less than five years of age with delayed development as defined by the department; or (II) A person less than five years of age who is at risk of having a developmental disability as defined by the department. (12) "Early intervention services and supports" means services described in and provided pursuant to part 4 of article 3 of title 26.5, including education, training, and assistance in child development, parent education, therapies, and other activities for infants and toddlers and their families that are designed to meet the developmental needs of infants and toddlers including, but not limited to, cognition, speech, communication, physical, motor, vision, hearing, social-emotional, and self-help skills. (13) "Eligible for supports and services" refers to any person with an intellectual and developmental disability or delay as determined eligible by the case management agency, pursuant to section 27-10.5-106. (13.5) (Deleted by amendment, L. 2008, p. 1442, § 1, effective August 5, 2008.) (13.7) "Enrolled" means that a person with an intellectual and developmental disability who is eligible for supports and services has been authorized, as defined by rules promulgated by the department, to participate in a program funded pursuant to this article. (14) "Executive director" means the executive director of the department of human services. (15) "Family" has the same meaning as set forth in section 25.5-10-202, C.R.S. (15.5) (Deleted by amendment, L. 2013.) (16) "Gastrostomy tube" has the same meaning as set forth in section 25.5-10-202, C.R.S. (17) "Human rights committee" has the same meaning as set forth in section 25.5-10-202, C.R.S. (17.5) Repealed. (18) "Inclusion" has the same meaning as set forth in section 25.5-10-202, C.R.S. (19) (Deleted by amendment, L. 2012.) (19.5) "Individualized family service plan" or "IFSP" means a written plan developed pursuant to 20 U.S.C. sec. 1436 and 34 CFR 303.340 that authorizes the provision of early intervention services to an eligible child and the child's family. An IFSP shall serve as the individualized plan, pursuant to paragraph (c) of subsection (20) of this section, for a child from birth through two years of age. (19.5) "Individualized family service plan" or "IFSP" means a written plan developed pursuant to 20 U.S.C. sec. 1436 and 34 CFR 303.340 that authorizes the provision of early intervention services to an eligible child and the child's family. An IFSP shall serve as the individualized plan, pursuant to paragraph (c) of subsection (20) of this section, for a child from birth through two years of age. (20) (a) "Individualized plan" means a written plan designed by an interdisciplinary team for the purpose of identifying: (I) The needs and preferences of the person or family receiving services; (II) The specific services and supports appropriate to meet those needs and preferences; (III) The projected date for initiation of services and supports; and (IV) The anticipated outcomes to be achieved by receiving the services and supports. (b) Every individualized plan must include a statement of agreement with the plan, signed by the person receiving services or other such person legally authorized to sign on behalf of the person and a representative of the case management agency. (c) Any other service or support plan, designated by the department, that meets all of the requirements of an individualized plan will be considered to be an individualized plan pursuant to this article. (d) (Deleted by amendment, L. 2013.) (21) "Infants and toddlers" means a child with a developmental delay from birth through two years of age. (21.5) "Intellectual and developmental disabilities professional" means a person who has professional training and experience in the intellectual and developmental disabilities field, as defined by the department. (22) "Interdependence" has the same meaning as set forth in section 25.5-10-202, C.R.S. (23) "Interdisciplinary team" has the same meaning as set forth in section 25.5-10-202, C.R.S. (24) "Least restrictive environment" has the same meaning as set forth in section 25.5-10-202, C.R.S. (25) "Person receiving services" means a person with an intellectual and developmental disability who is enrolled in a program funded pursuant to this article. (25.5) "Program" means a specific group of services or supports as defined by rules promulgated by the department and for which funding is available pursuant to this article to a person with an intellectual and developmental disability who is eligible for supports and services. (26) Repealed. (27) "Regional center" means a facility or program operated directly by the department that provides services and supports to persons with intellectual and developmental disabilities. (28) "Service agency" has the same meaning as set forth in section 25.5-10-202, C.R.S. (29) "Service and support coordination" means planning, locating, facilitating access to, coordinating, and reviewing all aspects of needed and preferred services, supports, and resources that are provided in cooperation with the person receiving services, the person's family, as appropriate, the family of a child with a developmental delay, and the involved public or private agencies. Planning includes the development or review of an existing individualized plan. "Service and support coordination" also includes the reassessment of the needs and preferences of the person receiving services or the needs and preferences of the family of the person, with maximum participation of the person receiving services and the person's parents, guardian, or authorized representative, as appropriate. (30) "Services and supports" means one or more of the following: Education, training, therapies, identification of natural supports, and other activities provided to: (a) Enable persons with intellectual and developmental disabilities to make responsible choices, exert greater control over their lives, experience presence and inclusion in their communities, develop their competencies and talents, maintain relationships, foster a sense of belonging, and experience personal security and self-respect; and ion of natural supports, and other activities provided to: (a) Enable persons with intellectual and developmental disabilities to make responsible choices, exert greater control over their lives, experience presence and inclusion in their communities, develop their competencies and talents, maintain relationships, foster a sense of belonging, and experience personal security and self-respect; and (b) (Deleted by amendment, L. 2022.) (c) Enable families who choose or desire to maintain a family member with an intellectual and developmental disability at home to obtain support and to enjoy a typical lifestyle. (31) "Sterilization" has the same meaning as set forth in section 25.5-10-202, C.R.S. (32) (Deleted by amendment, L. 2013.)

C.R.S. § 27-10.5-103 Duties of the executive director - rules - definitions

27-10.5-103. Duties of the executive director - rules - definitions. (1) In order to implement the provisions of this article 10.5, the executive director shall carry out the following duties, subject to available appropriations: (a) Promote effective coordination with agencies serving persons with intellectual and developmental disabilities in order to improve continuity of services and supports for persons facing life transitions from toddler to preschool, school to adult life, and work to retirement; (b) Repealed. (c) Operate regional centers pursuant to part 3 of this article; and (d) Facilitate employment first policies and practices by: (I) Providing department input and assistance to the employment first advisory partnership established in part 3 of article 84 of title 8, C.R.S., in carrying out its duties; and (II) Presenting the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7), C.R.S. (2) In accordance with section 24-4-103, and in coordination with the requirements of article 10 of title 25.5, the department shall adopt such rules as are necessary to carry out the provisions and purposes of this article 10.5, including but not limited to the following: (a) Standards for services and supports, including preparation of individualized plans; (b) Purchase of services and supports and financial administration; (c) Procedures for resolving disputes over eligibility determination and the modification, denial, or termination of services; (d) Procedures for admission to programs contained in this article; (e) Systems of quality assurance and data collection; (f) The rights of a person receiving services; (g) Confidentiality of records of a person receiving services; (h) Designation of authorized representatives and delineation of their rights and duties pursuant to this article; (i) (I) The establishment of guidelines and procedures for authorization of persons for administration of nutrition and fluids through gastrostomy tubes. (II) The department shall require that a service agency providing residential or day program services or supports have a staff member qualified pursuant to subparagraph (III) of this paragraph (i) on duty at any time the facility administers said nutrition and fluids through gastrostomy tubes, and that the facility maintain a written record of each nutrient or fluid administered to each person receiving services, including the time and the amount of the nutrient or fluid. (III) A person who is not otherwise authorized by law to administer nutrition and fluids through gastrostomy tubes is allowed to perform the duties only under the supervision of a licensed nurse, a licensed certified midwife, or a licensed physician. A person who administers nutrition and fluids in compliance with this subsection (2)(i) is exempt from the licensing requirements of the "Colorado Medical Practice Act", article 240 of title 12, and the "Nurse and Nurse Aide Practice Act", article 255 of title 12. Nothing in this subsection (2)(i) shall be deemed to authorize the administration of medications through gastrostomy tubes. A person administering medications through gastrostomy tubes is subject to the requirements of part 3 of article 1.5 of title 25. (IV) As used in this subsection (2)(i): (A) "Administration" means assisting a person in the ingestion of nutrition or fluids according to the direction and supervision of a licensed nurse, a licensed certified midwife, or a licensed physician. (B) "Certified midwife" has the same meaning as set forth in section 12-255-104 (3.2). (j) Repealed.

C.R.S. § 27-10.5-103.5 Community centered boards and service agencies - local public procurement units - repeal

27-10.5-103.5. Community centered boards and service agencies - local public procurement units - repeal. (Repealed)

C.R.S. § 27-10.5-104 Authorized services and supports - conditions of funding - purchase of services and supports - boards of county commissioners - appropriation

27-10.5-104. Authorized services and supports - conditions of funding - purchase of services and supports - boards of county commissioners - appropriation. (1) Subject to annual appropriations by the general assembly, the department shall provide or purchase, pursuant to subsection (4) of this section, authorized long-term services and supports from case management agencies or service agencies for persons who have been determined to be eligible for such long-term services and supports pursuant to section 27-10.5-106, and as specified in the eligible person's individualized plan. Those long-term services and supports may include, but need not be limited to, the following: (a) Repealed. (b) Case management services; (c) Day services and supports that offer opportunities for persons with intellectual and developmental disabilities to experience and actively participate in valued adult roles in the community. These services and supports will enable persons receiving services to access and participate in community activities, such as work, recreation, higher education, and senior citizen activities. Day services and supports, including early intervention services, may also include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section 27-10.5-103 (2)(i) and supervised by a licensed nurse or physician. (d) Residential services and supports, including an array of training, learning, experiential, and support activities provided in living alternatives designed to meet the individual needs of persons receiving services and may include the administration of nutrition or fluids through gastrostomy tubes, if administered by a person authorized pursuant to section 27-10.5-103 (2)(i) and supervised by a licensed nurse or physician; and (e) Ancillary services, including activities that are secondary but integral to the provision of the services and supports specified in this subsection (1). (2) Service agencies receiving funds pursuant to subsection (1) of this section shall comply with all of the provisions of this article and the rules promulgated thereunder. (3) Repealed. (4) (a) The department may purchase services and supports, including service and support coordination, directly from service agencies if: (I) Required by the federal requirements for the state to qualify for federal funds under Title XIX of the federal "Social Security Act", as amended, including programs authorized pursuant to part 4 of article 6 of title 25.5, C.R.S.; or (II) Repealed. (b) The department shall only purchase long-term services and supports directly from those service agencies that meet established standards. (c) Nothing in this section shall be construed to prohibit the provision of services and supports, including case management services, directly by the department through regional centers, for persons receiving services in regional centers. r (II) Repealed. (b) The department shall only purchase long-term services and supports directly from those service agencies that meet established standards. (c) Nothing in this section shall be construed to prohibit the provision of services and supports, including case management services, directly by the department through regional centers, for persons receiving services in regional centers. (d) Nothing in this section shall be construed to require the provision of services and supports, including case management services, directly by the department. (5) (a) Each year the general assembly shall appropriate moneys to the department to provide or purchase services and supports for persons with intellectual and developmental disabilities pursuant to this section. Unless specifically provided otherwise, services and supports shall be purchased on the basis of state funding less any federal or cash funds received for general operating expenses from any other state or federal source, less funds available to a person receiving residential services or supports after such person receives an allowance for personal needs or for meeting other obligations imposed by federal or state law. The yearly appropriation, when combined with all other sources of funds, shall in no case exceed one hundred percent of the approved program costs as determined by the general assembly. Funds received for capital construction shall not be considered in the calculation for the distribution of funds under the provisions of this section. (b) Repealed.

C.R.S. § 27-10.5-104.2 Services and supports - waiting list reduction - cash fund - repeal

27-10.5-104.2. Services and supports - waiting list reduction - cash fund - repeal. (Repealed)

C.R.S. § 27-10.5-104.5 Case management agencies when acting as a service agency - money - rules

27-10.5-104.5. Case management agencies when acting as a service agency - money - rules. (1) Repealed. (2) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.) (3) The department shall promulgate rules to implement the purchase of long-term services and supports from a case management agency or a service agency. The rules must include, but need not be limited to: (a) Terms and conditions necessary to promote the effective delivery of services and supports; (b) Procedures for obtaining an annual audit of case management agencies and service agencies not affiliated with a case management agency to provide financial information deemed necessary by the department to establish costs of long-term services and supports and to ensure proper management of money received pursuant to section 27-10.5-104; (c) Repealed. (d) Specification of what long-term services and supports are to be reimbursed by the department and secondarily by the case management agencies, the source of reimbursement, actual long-term service or support costs, incentives, and program service objectives which affect reimbursement; (e) The methods of coordinating the purchase of services and supports, including, but not limited to, service and support coordination, with other federal, state, and local programs which provide funding for authorized services and supports; (f) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.) (g) and (h) (Deleted by amendment, L. 2008, p. 2219, § 2, effective June 5, 2008.) (i) Criteria for and limitations on any rates that case management agencies charge to service agencies based upon a percentage of the rates that service agencies charge for long-term services and supports. (3.5) Any incorporated service agency which is registered in Colorado as a foreign corporation shall organize a local advisory board consisting of individuals who reside within the defined service area. The advisory board must be representative of the community at large and persons receiving services and their families. (4) Upon a determination by the executive director that long-term services or supports have not been provided in accordance with the program or financial administration standards specified in this article 10.5 and the rules and regulations promulgated thereunder, the executive director may reduce, suspend, or withhold payment to a case management agency, service agency under contract with a case management agency, or service agency from which the department of human services purchased long-term services or supports directly. When the executive director decides to reduce, suspend, or withhold payment, the executive director shall specify the reasons therefor and the actions which are necessary to bring the service agency into compliance. (5) Nothing in this article or in any rules or regulations promulgated pursuant thereto and no actions taken by the executive director pursuant to this article shall be construed to affect the obtaining of funds from local authorities, including those funds obtained from a mill levy assessed by a county or municipality for the purpose of purchasing services or supports for persons with developmental disabilities, or to require that such funds from local authorities be used to supplant state or federal funds available for purchasing services and supports for persons with developmental disabilities. (6) (Deleted by amendment, L. 92, p. 1363, § 5, effective July 1, 1992.)

C.R.S. § 27-10.5-105 Case management agencies - purchase of services and supports

27-10.5-105. Case management agencies - purchase of services and supports. (1) Once a case management agency has been designated pursuant to section 25.5-6-1703, it shall, subject to available appropriations: (a) Determine eligibility and develop an individualized plan for each person who receives long-term services or supports pursuant to section 25.5-6-1704; except that, for a child from birth through two years of age, eligibility determination and development of an individualized family service plan must be made pursuant to part 4 of article 3 of title 26.5; (b) Provide case management services, including service and support coordination and periodic reviews, for persons receiving services and families with children with intellectual and developmental disabilities; (c) Obtain or provide early intervention services and supports pursuant to part 4 of article 3 of title 26.5; (d) Take steps to notify eligible persons, and their families as appropriate, regarding the availability of services and supports; (e) Pursuant to section 26.5-3-404, collaborate with the department of early childhood as it develops and implements a statewide plan for public education outreach and awareness efforts related to part C child find and the availability of early intervention services.

C.R.S. § 27-10.5-105.5 Revocation of designation - repeal

27-10.5-105.5. Revocation of designation - repeal. (Repealed)

C.R.S. § 27-10.5-106 Eligibility determination

27-10.5-106. Eligibility determination. Any person may request an evaluation pursuant to section 25.5-6-1704 to determine whether the person has an intellectual and developmental disability and is eligible to receive long-term services and supports pursuant to this article 10.5. Application for eligibility determination must be made to the case management agency in the defined service area where the person resides.

C.R.S. § 27-10.5-107 Procedure for resolving disputes over eligibility, modification of services or supports, and termination of services or supports

27-10.5-107. Procedure for resolving disputes over eligibility, modification of services or supports, and termination of services or supports. (1) Every state or local service agency receiving state money pursuant to section 27-10.5-104 or 25.5-10-105 shall adopt a procedure for the resolution of disputes arising between the service agency and any recipient of, or applicant for, services or supports authorized pursuant to section 27-10.5-104 or 25.5-10-105. The procedures must be consistent with rules promulgated by the department pursuant to article 4 of title 24 and must be applicable to the following disputes: (a) A contested decision that the applicant is not eligible for services or supports; (b) A contested decision to provide, modify, reduce, or deny services or supports set forth in the individualized plan or individualized family service plan of the person receiving services; (c) A contested decision to terminate services or supports; (d) A contested decision that the person receiving services is no longer eligible for services or supports. (2) (Deleted by amendment, L. 92, p. 1369, § 9, effective July 1, 1992.) (3) The department shall promulgate rules pursuant to article 4 of title 24, C.R.S., setting forth procedures for the resolution of disputes specified in subsection (1) of this section that shall: (a) Require that all applicants for services and supports and the parents or guardian of a minor, the guardian, or an authorized representative be informed orally and in writing, in their native language, of the dispute resolution procedures at the time of application, at the time the individualized plan is developed, and any time changes in the plan are contemplated; (b) Require that a service agency keep a written record of all proceedings specified pursuant to this section; (c) Require that no person receiving services be terminated from such services or supports during the resolution process; (d) Require that utilizing the dispute resolution procedure shall not prejudice the future provision of appropriate services or supports to individuals; and (e) Require that the intended action not occur until after reasonable notice has been provided to the person, the parents or guardian of a minor, the guardian, or an authorized representative, along with an opportunity to utilize the resolution process, except in emergency situations, as determined by the department. (3.5) The resolution process need not conform to the requirements of section 24-4-105, C.R.S., as long as the rules adopted by the department include provisions specifically setting forth procedures, time frames, notice, an opportunity to be heard and to present evidence, and the opportunity for impartial review of the decision in dispute by the executive director or designee, if the resolution process has failed. (4) and (5) (Deleted by amendment, L. 92, p. 1369, § 9, effective July 1, 1992.)

C.R.S. § 27-10.5-108 Discharge

27-10.5-108. Discharge. (1) A person receiving services shall be discharged from services or supports upon a determination, made pursuant to the individualized planning process, that the services or supports are no longer appropriate. At least ten days prior to effectuation of the discharge, notification of discharge shall be given to the person receiving services, the parents or guardian of such a person who is a minor, and such person's legal guardian and authorized representative when applicable. (2) When a person receiving services notifies a service agency that such person no longer wishes to receive a service or support, the person shall be discharged from such service or support unless the person is subject to a petition to impose a legal disability or to remove a legal right, filed pursuant to section 27-10.5-110 or section 25.5-10-216, C.R.S., or for whom a legal guardian has been appointed, affecting the person's ability to voluntarily terminate services or supports. The parents of the person receiving services who is a minor and such person's guardian shall be notified of the person's wish to terminate services or supports, but no minor will be discharged without the consent of the parent or legal guardian.

C.R.S. § 27-10.5-109 Community residential home - licenses - rules - repeal

27-10.5-109. Community residential home - licenses - rules - repeal. (Repealed)

C.R.S. § 27-10.5-109.5 Compliance with local government zoning regulations - notice to local governments - provisional licensure - repeal

27-10.5-109.5. Compliance with local government zoning regulations - notice to local governments - provisional licensure - repeal. (Repealed)

C.R.S. § 27-10.5-110 Imposition of legal disability - removal of legal right

27-10.5-110. Imposition of legal disability - removal of legal right. (1) Any interested person may petition the court pursuant to section 25.5-10-216, C.R.S., to impose a legal disability on or to remove a legal right from a person with an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S. The petition shall set forth the disability to be imposed or the legal right to be removed and the reasons therefor. The petition may affect the right to contract, the right to determine place of abode or provisions of services and supports, the right to operate a motor vehicle, and other similar rights. (2) A person shall not be admitted to a regional center without a court order issued pursuant to section 25.5-10-216, C.R.S., except in an emergency or for the purpose of temporary respite care.

C.R.S. § 27-10.5-110.5 Rights of persons with intellectual and developmental disabilities

27-10.5-110.5. Rights of persons with intellectual and developmental disabilities. Each person receiving services pursuant to this article and article 10 of title 25.5, C.R.S., shall have the rights set forth in sections 25.5-10-223 to 25.5-10-230, C.R.S.

C.R.S. § 27-10.5-111 Conduct of court proceedings - repeal

27-10.5-111. Conduct of court proceedings - repeal. (Repealed)

C.R.S. § 27-10.5-113 Right to individualized plan or individualized family service plan - repeal

27-10.5-113. Right to individualized plan or individualized family service plan - repeal. (Repealed)

C.R.S. § 27-10.5-114 Right to medical care and treatment - repeal

27-10.5-114. Right to medical care and treatment - repeal. (Repealed)

C.R.S. § 27-10.5-115 Right to humane care and treatment - repeal

27-10.5-115. Right to humane care and treatment - repeal. (Repealed)

C.R.S. § 27-10.5-116 Right to religious belief, practice, and worship - repeal

27-10.5-116. Right to religious belief, practice, and worship - repeal. (Repealed)

C.R.S. § 27-10.5-117 Rights to communications and visits - repeal

27-10.5-117. Rights to communications and visits - repeal. (Repealed)

C.R.S. § 27-10.5-118 Right to fair employment practices - repeal

27-10.5-118. Right to fair employment practices - repeal. (Repealed)

C.R.S. § 27-10.5-120 Records and confidentiality of information pertaining to eligible persons or their families - repeal

27-10.5-120. Records and confidentiality of information pertaining to eligible persons or their families - repeal. (Repealed)

C.R.S. § 27-10.5-121 Right to personal property - repeal

27-10.5-121. Right to personal property - repeal. (Repealed)

C.R.S. § 27-10.5-122 Right to influence policy - repeal

27-10.5-122. Right to influence policy - repeal. (Repealed)

C.R.S. § 27-10.5-123 Right to notification - repeal

27-10.5-123. Right to notification - repeal. (Repealed)

C.R.S. § 27-10.5-128 Sterilization rights - repeal

27-10.5-128. Sterilization rights - repeal. (Repealed)

C.R.S. § 27-10.5-129 Competency to give consent to sterilization - repeal

27-10.5-129. Competency to give consent to sterilization - repeal. (Repealed)

C.R.S. § 27-10.5-130 Court-ordered sterilization - repeal

27-10.5-130. Court-ordered sterilization - repeal. (Repealed)

C.R.S. § 27-10.5-131 Confidentiality of sterilization proceedings - repeal

27-10.5-131. Confidentiality of sterilization proceedings - repeal. (Repealed)

C.R.S. § 27-10.5-132 Limitations on sterilization - repeal

27-10.5-132. Limitations on sterilization - repeal. (Repealed)

C.R.S. § 27-10.5-133 Group homes for the developmentally disabled

27-10.5-133. Group homes for the developmentally disabled. (Repealed)

C.R.S. § 27-10.5-134 Civil action and attorney fees - repeal

27-10.5-134. Civil action and attorney fees - repeal. (Repealed)

C.R.S. § 27-10.5-138 Service provision system evaluation

27-10.5-138. Service provision system evaluation. (Repealed)

C.R.S. § 27-10.5-139 Evaluations to determine whether a defendant is mentally retarded for purposes of class 1 felony trials - repeal

27-10.5-139. Evaluations to determine whether a defendant is mentally retarded for purposes of class 1 felony trials - repeal. (Repealed)

C.R.S. § 27-10.5-140 Child find - responsibilities - interagency operating agreements - rules

27-10.5-140. Child find - responsibilities - interagency operating agreements - rules. (Repealed)

C.R.S. § 27-10.5-141 Retaliation prohibited - repeal

27-10.5-141. Retaliation prohibited - repeal. (Repealed)

C.R.S. § 27-10.5-142 Caregiver abuse - duties of the department - working group - issues - report - funding - repeal

27-10.5-142. Caregiver abuse - duties of the department - working group - issues - report - funding - repeal. (Repealed)

C.R.S. § 27-10.5-143 Caregiver abuse - task force - repeal

27-10.5-143. Caregiver abuse - task force - repeal. (Repealed)

C.R.S. § 27-10.5-201 Legislative declaration

27-10.5-201. Legislative declaration. The general assembly finds that state and local agencies provide a variety of services and supports to persons with developmental disabilities including institutional care, residential, social, and income maintenance services, diagnostic and health-related services, and educational and other programs. Because these services and supports are supported by many diverse agencies and organizations and because congress, through the federal "Developmental Disabilities Services and Facilities Construction Act", and amendments thereto, has called for the establishment of state councils to provide coordination and planning in the field of developmental disabilities, the general assembly declares that there is need to establish a state council on developmental disabilities to be responsible for the coordination of services and supports to the persons with developmental disabilities and to serve as an advocate for such persons. The general assembly further finds that there is need to carefully define the duties and responsibilities of a state council on developmental disabilities.

C.R.S. § 27-10.5-202 Definitions

27-10.5-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Developmental disability" means a severe, chronic disability of a person nine years of age or older which: (a) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (b) Is manifested before the person attains age twenty-two; (c) Results in substantial functional limitations in three or more of the following areas of major life activity: (I) Self-care; (II) Receptive and expressive language; (III) Learning; (IV) Mobility; (V) Self-direction; (VI) Capacity for independent living; and (VII) Economic self-sufficiency; and (d) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services and supports which are of lifelong or extended duration and are individually planned and coordinated; except that such term when applied to infants and young children means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided. (2) "State plan" means the state plan for developmental disabilities established pursuant to the provisions of section 27-10.5-204 and as required by the federal "Developmental Disabilities Services and Facilities Construction Act", and amendments thereto, including the "Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978", Pub.L. 95-602. (3) "State council" means the Colorado developmental disabilities council established pursuant to section 27-10.5-203.

C.R.S. § 27-10.5-203 Establishment of state council

27-10.5-203. Establishment of state council. (1) There is created in the office of the executive director of the department of human services the Colorado developmental disabilities council. The state council is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The state council shall operate in accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15001 et seq. (2) The state council consists of twenty-four members appointed by the governor for three-year terms; except that the terms shall be staggered so that no more than eight members' terms expire in the same year. Vacancies shall be filled by appointment for the unexpired term. (3) (a) The state council must at all times include in its membership representatives of the following: (I) The principal state agencies, including the state agency that administers funds provided under the federal "Rehabilitation Act of 1973", the state agency that administers funds provided under the federal "Individuals with Disabilities Education Act", the state agency that administers funds provided under the federal "Older Americans Act of 1965", and the state agency that administers funds provided under Titles V and XIX of the federal "Social Security Act" for persons with developmental disabilities; (II) The University Centers for Excellence in Developmental Disabilities Education, Research, and Service; (III) Nongovernmental agencies; and (IV) Private nonprofit groups concerned with services and supports for persons with developmental disabilities. (b) At least four members of the state council must be persons with developmental disabilities. (c) At least four members of the state council must be family members or guardians of persons with mentally impairing developmental disabilities, who are not employees of a state agency that receives funds or provides services and supports under this part 2, and who are not employees implementing programs under the federal "Social Security Act" or of any other entity that receives funds or provides services and supports under this part 2. At least one individual of the four appointed in this subsection (3)(c) must be an immediate relative or guardian of an institutionalized or previously institutionalized person with a developmental disability. (d) At least half of the membership of the state council must be individuals described in subsection (3)(b) or (3)(c) of this section, or parents or guardians of such persons with developmental disabilities. (4) Members of the state council are entitled to reimbursement for their expenses while attending regular and special meetings of the state council. (5) The state council shall operate in accordance with bylaws adopted by a quorum of its membership. (6) For the purposes of holding meetings of the state council, a quorum shall be a simple majority of the state council membership in attendance.

C.R.S. § 27-10.5-204 Development of the state plan

27-10.5-204. Development of the state plan. The state council shall develop a five-year state plan for developmental disabilities in accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15024. The state plan shall include establishment of goals and priorities for meeting the needs of persons with developmental disabilities, including recommendations concerning state program operations and funding for a comprehensive system of services and supports to persons with developmental disabilities. The state plan shall be prepared in compliance with federal requirements and shall designate the state agency responsible for administration of the state plan. The state council shall submit the state plan to the governor for approval.

C.R.S. § 27-10.5-205 Powers and duties

27-10.5-205. Powers and duties. (1) The state council shall: (a) Monitor the plans and programs of state agencies established and administered pursuant to the state plan; (b) Review budgets and other programs and proposals for funding services and supports to persons with developmental disabilities; (c) Review programs that provide long-term services and supports to persons with intellectual and developmental disabilities under contracts with state agencies and case management agencies as authorized by the state plan; (d) Encourage cooperation and coordination of services and supports of public and private agencies including home care services and assist in the elimination of unnecessary and duplicative programs and procedures; (e) Identify gaps in services and supports to persons with developmental disabilities and monitor programs for deinstitutionalization of such persons; (f) Serve in an advisory capacity to the governor and the general assembly on matters affecting persons with developmental disabilities; (g) Meet at least quarterly and as often as necessary to fulfill its duties and responsibilities; (h) Have all powers necessary to carry out the provisions of this part 2.

C.R.S. § 27-10.5-206 State council employees

27-10.5-206. State council employees. Subject to available appropriations, the executive director of the department of human services may employ such personnel as are required by the state council, pursuant to the provisions of section 13 of article XII of the state constitution. The executive director of the department of human services will appoint the staff director to the state council, accepting the recommendations of the council.

C.R.S. § 27-10.5-207 Cooperation of departments

27-10.5-207. Cooperation of departments. The departments of human services, public health and environment, and education shall cooperate with the state council in the development of and implementation of the recommendations made within the state plan. Said departments shall provide documents and other assistance requested by the state council or its representatives which are essential for the state council to meet its federal and state statutory requirements.

C.R.S. § 27-10.5-208 Service provision system evaluation

27-10.5-208. Service provision system evaluation. (Repealed)

C.R.S. § 27-10.5-301 Regional centers for persons with developmental disabilities

27-10.5-301. Regional centers for persons with developmental disabilities. There are hereby established state regional centers in Wheat Ridge, Pueblo, and Grand Junction. The essential object of such regional centers shall be to provide state operated services and supports to persons with developmental disabilities. A regional center may not permit the cultivation, use, or consumption of retail marijuana on its premises.

C.R.S. § 27-10.5-302 Directors

27-10.5-302. Directors. The executive director shall appoint, pursuant to section 13 of article XII of the state constitution, a director for each regional center. Persons appointed must be skilled and trained administrators with experience related to the needs of persons with developmental disabilities. The director of each regional center shall appoint such other employees in accordance with section 13 of article XII of the state constitution as are necessary to carry out the functions of the regional center.

C.R.S. § 27-10.5-303 Annual reports - publications

27-10.5-303. Annual reports - publications. The director of each regional center shall report to the executive director at such times and on such matters as the executive director may require. Publications of each regional center circulated in quantity outside the department shall be subject to the approval and control of the executive director.

C.R.S. § 27-10.5-304 Admissions

27-10.5-304. Admissions. (1) There may be admitted to any regional center persons with developmental disabilities who have been ordered placed in a regional center pursuant to section 27-10.5-110, if the applicant or legal guardian is a bona fide resident of Colorado. (2) (Deleted by amendment, L. 92, p. 1391, § 40, effective July 1, 1992.)

C.R.S. § 27-10.5-305 Endowment fund

27-10.5-305. Endowment fund. There is hereby authorized the regional center endowment fund. Any parent, person, corporation, or institution may contribute to said endowment fund. The bylaws to be provided by the department of human services shall prescribe the different endowments; but the investments from said endowment fund shall be in state, county, or city bonds or in first mortgages on improved realty for not more than forty percent of the actual value of such realty.

C.R.S. § 27-10.5-306 Gifts - receipt and disposition

27-10.5-306. Gifts - receipt and disposition. Each regional center is hereby authorized to receive gifts, legacies, devises, and conveyances of property, real or personal, that may be made, given, or granted to or for such regional center. If the gifts are not prescribed, the director, with approval of the executive director, shall exercise such authority and make such disposition of the gift property as may be for the best interest of said regional center.

C.R.S. § 27-10.5-307 Expenditures

27-10.5-307. Expenditures. No moneys shall be paid by the state treasurer out of any other appropriation for, or moneys belonging to, a regional center, except upon warrants of the controller upon vouchers in favor of the persons to whom the state is indebted on account of said regional center and certified by the director of said regional center.

C.R.S. § 27-10.5-309 Lease of property at regional center - regional center enterprise fund - creation

27-10.5-309. Lease of property at regional center - regional center enterprise fund - creation. (Repealed)

C.R.S. § 27-10.5-310 Regional centers task force - creation - members - recommendations - utilization study - reporting - repeal

27-10.5-310. Regional centers task force - creation - members - recommendations - utilization study - reporting - repeal. (Repealed)

C.R.S. § 27-10.5-311 Regional centers - waiver beds - prohibition on closure or sale - repeal

27-10.5-311. Regional centers - waiver beds - prohibition on closure or sale - repeal. (Repealed)

C.R.S. § 27-10.5-312 Grand Junction regional center campus - vacating and sale or transfer - legislative declaration - definition - repeal

27-10.5-312. Grand Junction regional center campus - vacating and sale or transfer - legislative declaration - definition - repeal. (Repealed)

C.R.S. § 27-10.5-313 Regional center - employees - adult protective services data system check

27-10.5-313. Regional center - employees - adult protective services data system check. On and after January 1, 2019, prior to employment, a regional center shall submit the name of a person who will be providing direct care, as defined in section 26-3.1-101 (3.5), to an at-risk adult, as defined in section 26-3.1-101 (1.5), as well as any other required identifying information, to the department of human services for a check of the Colorado adult protective services data system pursuant to section 26-3.1-111, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.

C.R.S. § 27-10.5-314 Former Teller institute property

27-10.5-314. Former Teller institute property. (1) Except as described in subsection (2) of this section, as soon as each person who was receiving services on May 24, 2022, at the former Teller institute federal Indian boarding school property, now owned by the department and operated as a regional center, is transitioned to a residence other than a residence at the regional center, the department shall vacate the property and shall sell all or a portion of the property, or transfer all or a portion of the property, to a state institution of higher education, a local government, a state agency, or a federally recognized tribe in Colorado that is impacted by the operation of the Teller institute. (2) The department shall not sell or transfer the property, or any portion of the property, until after the identification and mapping of any graves of Native American students buried at the federal Indian boarding school that was located on the property and until after the department, in consultation with tribal governments, develops a plan to acknowledge the abuse and victimization of students and families related to the operation of the federal Indian boarding school located on the property.

C.R.S. § 27-10.5-801 Pilot program - creation - goals - implementation - reporting - repeal

27-10.5-801. Pilot program - creation - goals - implementation - reporting - repeal. (Repealed)

C.R.S. § 27-10.5-901 Legislative declaration

27-10.5-901. Legislative declaration. (1) The general assembly hereby finds that: (a) Persons with developmental disabilities represent a population that has long been underutilized and often denied employment opportunities within state government, partially due to hiring personnel's perceptions and understanding of the operation and requirements of the state personnel system; (b) Some state agencies are unaware of the avenues that are available within the state personnel system by which state agencies can hire and provide training and support for persons with developmental disabilities; and (c) Many persons with developmental disabilities, when provided appropriate training and support, can develop sufficient skills and competencies to more than adequately fulfill job expectations in employment positions in state government. (2) Therefore, it is the intent of the general assembly to create the state employment program for persons with developmental disabilities to encourage and provide incentives for state agencies to give meaningful employment opportunities to persons with developmental disabilities and to improve the state's practices in employing, supervising, and supporting persons with developmental disabilities.

C.R.S. § 27-10.5-902 State employment program for persons with developmental disabilities - creation - rules

27-10.5-902. State employment program for persons with developmental disabilities - creation - rules. (1) There is hereby created within the department the state employment program for persons with developmental disabilities, referred to in this part 9 as the "program". The department shall design and implement the program to coordinate the hiring of interested persons with developmental disabilities into appropriate and meaningful state employment opportunities. The goal of the program is to identify for persons with developmental disabilities permanent and stable employment opportunities that are integrated within and appropriately meet the service goals of state agencies. The department of human services shall collaborate with the department of personnel in designing the program. (2) (a) On or before July 1, 2008, the executive directors of the department of human services and the department of personnel shall jointly convene a working group to study and recommend how the state's policies and practices in employing, supervising, and supporting persons with developmental disabilities can be improved in order to effectively and successfully implement the program. The executive directors shall include in the working group persons with expertise in implementing the statutes and rules pertaining to the state personnel system, persons with expertise in interpreting and implementing the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and persons with experience in employing and placing for employment persons with developmental disabilities. (b) The working group shall complete its work and make recommendations to the executive directors of the department of human services and the department of personnel by January 1, 2009. The recommendations of the working group may include, but need not be limited to: (I) Modifications to rules, statutes, or the state constitution to improve the success of persons with developmental disabilities who are employed through the program; and (II) Identification or clarification of the roles and responsibilities of persons in the department of human services and the department of personnel in implementing the program efficiently and successfully. (3) (a) If the working group finds that implementation of the program may require statutory or constitutional changes, the department of human services and the department of personnel shall not implement the program until the general assembly has considered and rejected said changes or until after a bill enacting said statutory changes or a referred measure enacting said constitutional changes has become law. (b) After the conditions specified in paragraph (a) of this subsection (3) are met, or if the working group finds that neither statutory nor constitutional changes are necessary for implementation of the program, the state board of human services and the state personnel board shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as follows: (I) The state board of human services shall promulgate rules as necessary for implementation of the program within the department of human services; and (II) The state personnel board shall promulgate rules pertaining to the state personnel system as necessary for implementation of the program. n accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as follows: (I) The state board of human services shall promulgate rules as necessary for implementation of the program within the department of human services; and (II) The state personnel board shall promulgate rules pertaining to the state personnel system as necessary for implementation of the program. (4) Following promulgation of rules pursuant to subsection (3) of this section and in accordance with said rules and the provisions of this section, the department of human services, in collaboration with the department of personnel, shall implement the program. A state agency that seeks to employ a person with developmental disabilities through the program shall be responsible for hiring and supervision of the person and payment of the person's salary and benefits. The department, through the program, shall provide guidance to the hiring state agency regarding any additional issues that are pertinent to the person's employment. (5) Following adoption of the rules specified in subsection (3) of this section, the department shall regularly provide information to state agencies to explain and promote the program. Upon full implementation of the program, each state agency is strongly encouraged to participate in the program by identifying meaningful and appropriate employment positions for persons with developmental disabilities and working with the department to hire persons with developmental disabilities for these positions.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-27.docxFetched: 10/6/2026