CO Code § 27-10.5-102 (2021)
2021 Colorado Code|Title 27 - Behavioral Health|Article 10.5 - Care and Treatment of Persons With Intellectual and Developmental Disabilities|Part 1 - Rights of Persons With Intellectual and Developmental Disabilities|§ 27-10.5-102. Definitions - Repeal

 [ ] As used in this article, unless the context otherwise requires:  Editor's note: This version of the introductory portion of this section is effective until July 1, 2024.  [ ] As used in this article 10.5, unless the context otherwise requires:  Editor's note: This version of the introductory portion of this section is effective July 1, 2024.   “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) .    “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.)      “Community-centered board” has the same meaning as set forth in section 25.5-10-202, C.R.S.    This subsection (3) is repealed, effective July 1, 2024.       (Deleted by amendment, L. 2013.)    “Consent” has the same meaning as set forth in section 25.5-10-202, C.R.S.    “Contribution” has the same meaning as set forth in section 25.5-10-202, C.R.S.    “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) .    “Department” means the department of human services.      “Designated service area” has the same meaning as set forth in section 25.5-10-202, C.R.S.    This subsection (9) is repealed, effective July 1, 2024.       “Developmental disabilities professional” has the same meaning as “intellectual and developmental disabilities professional” as set forth in subsection (21.5) of this section.      “Developmental disability” has the same meaning as “intellectual and developmental disability” as set forth in section 25.5-10-202, C.R.S.    “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.    “Child with a developmental delay” means:   A person less than five years of age with delayed development as defined by the department; or    A person less than five years of age who is at risk of having a developmental disability as defined by the department.          “Early intervention services and supports” means services described in and provided pursuant to part 7 of this article, 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.    [ ] “Eligible for supports and services” refers to any person with an intellectual and developmental disability or delay as determined eligible by the community-centered boards, 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.    “Executive director” means the executive director of the department of human services.    “Family” has the same meaning as set forth in section 25.5-10-202, C.R.S. (15.5) (Deleted by amendment, L. 2013.)    “Gastrostomy tube” has the same meaning as set forth in section 25.5-10-202, C.R.S.    “Human rights committee” has the same meaning as set forth in section 25.5-10-202, C.R.S. (17.5) “IDEA” means the federal “Individuals with Disabilities Education Improvement Act of 2004”, 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 303.    “Inclusion” has the same meaning as set forth in section 25.5-10-202, C.R.S.    (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.      “Individualized plan” means a written plan designed by an interdisciplinary team for the purpose of identifying:   The needs and preferences of the person or family receiving services;    The specific services and supports appropriate to meet those needs and preferences;    The projected date for initiation of services and supports; and    The anticipated outcomes to be achieved by receiving the services and supports.       [ ] Every individualized plan will 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 community-centered board.    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.    (Deleted by amendment, L. 2013.)       “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.    “Interdependence” has the same meaning as set forth in section 25.5-10-202, C.R.S.    “Interdisciplinary team” has the same meaning as set forth in section 25.5-10-202, C.R.S.    “Least restrictive environment” has the same meaning as set forth in section 25.5-10-202, C.R.S.    “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.    Repealed.    “Regional center” means a facility or program operated directly by the department that provides services and supports to persons with intellectual and developmental disabilities.    “Service agency” has the same meaning as set forth in section 25.5-10-202, C.R.S.    “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.    “Services and supports” means one or more of the following: Education, training, therapies, identification of natural supports, and other activities provided to:   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;    Enhance child development and healthy parent-child and family interaction for eligible infants and toddlers and their families pursuant to part 7 of this article; and    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.       “Sterilization” has the same meaning as set forth in section 25.5-10-202, C.R.S.    (Deleted by amendment, L. 2013.)    Editor's note: Subsection (1.5) is effective July 1, 2024.  Editor's note: Subsection (7.5) is effective July 1, 2024. Editor's note: This version of subsection (13) is effective until July 1, 2024.  (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 .  Editor's note: This version of subsection (13) is effective July 1, 2024.  Editor's note: This version of subsection (20)(b) is effective until July 1, 2024.  (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.  Editor's note: This version of subsection (20)(b) is effective July 1, 2024.  History. Source: L. 75: Entire article added, p. 906, § 1, effective July 1. L. 76: (4)(a) amended, p. 671, § 1, effective May 20. L. 85: Entire section R&RE, p. 984, § 2, effective July 1. L. 88: (6)(b) amended, p. 1082, § 1, effective April 9. L. 91: (13.5) added, p. 1163, § 4, effective March 29. L. 92: Entire section R&RE, p. 1351, § 2, effective July 1. L. 93: (11)(a) amended, p. 1668, § 81, effective July 1; (8) and (14) amended, p. 1162, § 132, effective July 1, 1994. L. 2001: (4) amended, p. 106, § 4, effective March 21. L. 2002: (11)(a) amended, p. 1024, § 47, effective June 1. L. 2004: (20)(d) added, p. 480, § 1, effective August 4. L. 2007: (2.5), (13.5), and (17.5) added, p. 1559, § 5, effective May 31. L. 2008: (15.5) added and (24) amended, p. 2179, § 1, effective June 5; entire section amended, p. 1442, § 1, effective August 5; (2.3) and (32) added, p. 2206, § 1, effective August 5. L. 2009: (15.5) amended,(SB 09-044), ch. 57, p. 208, § 9, effective March 25. L. 2010: (13.7) and (25.5) added and (25) and (32) amended,(HB 10- 1213), ch. 220, p. 960, § 1, effective May 10; (26) repealed,(SB 10-208), ch. 314, p. 1472, § 1, effective May 27. L. 2013: Entire section amended,(HB 13-1314), ch. 323, p. 1786, § 2, effective March 1, 2014. L. 2021: IP, (13), and (20)(b) amended and (1.5) and (7.5) added,(HB 21-1187), ch. 83, p. 348, § 56, effective July 1, 2024; (3)(b) and (9)(b) added by revision,(HB 21-1187), ch. 83, pp. 348, 354, §§ 56, 70.    Editor's note:    Amendments to this section by House Bill 08-1031, Senate Bill 08-002, and House Bill 08-1366 were harmonized.    Subsection (19.5) was originally numbered as (20.5) in House Bill 08-1366 but has been renumbered on revision for ease of location.     Cross references:   For the legislative declaration contained in the 1993 act amending subsections (8) and (14), see section 1 of chapter 230, Session Laws of Colorado 1993.   ANNOTATION   Law reviews. For article, “Group Home Regulations Under State and Federal Law”, see 35 Colo. Law. 37 (Feb. 2006).   Adoption of section permitting developmentally disabled persons to live in group homes reflects legislative intent to assist such persons to live in normal residential surroundings. Double D Manor v. Evergreen Meadows, 773 P.2d 1046 (Colo. 1989).