2023 Colorado Revised Statutes › Title 25.5 - HEALTH CARE POLICY AND FINANCING (§§ 25.5-1-101 — 25.5-11-101) › COLORADO MEDICAL ASSISTANCE ACT (§§ 25.5-4-101 — 25.5-6-2001) › Article 6 - COLORADO MEDICAL ASSISTANCE ACT - LONG-TERM CARE (§§ 25.5-6-101 — 25.5-6-2001) › Part 4 - HOME- AND COMMUNITY-BASED SERVICES FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 25.5-6-401 — 25.5-6-413) › Section 25.5-6-409.5 - Transition plan for youth with intellectual and developmental disabilities to adult services - legislative declaration - report - rules - cash fund

(1)
The general assembly finds and declares that:
(a)
Youth with intellectual and developmental disabilities who are eighteen to twenty years of age are currently served through the county child welfare system; and
(b)
The home- and community-based services program for persons with intellectual and developmental disabilities is better designed to meet the complex needs of these youth.
(2)
Therefore, the general assembly declares that, in order to have a person-centered system, youth with intellectual and developmental disabilities who are eighteen years of age and older who are currently being served through child welfare services must be transitioned to the home- and community-based services program for persons with intellectual and developmental disabilities and a plan developed for the ongoing transition of such youth when they turn eighteen years of age, except in extenuating circumstances when the court or interdisciplinary team determines that it is not in the best interest of the youth to transition.
(3)
(a)
On or before June 30, 2014, each county department of human or social services shall identify youth with intellectual and developmental disabilities who are receiving services through the child welfare system in that county and who:
(I)
Are twenty years of age or older as of June 30, 2014;
(II)
Are nineteen years of age or older but younger than twenty-one years of age as of June 30, 2014;
(III)
Are eighteen years of age or older but younger than twenty years of age as of June 30, 2014; and
(IV)
Will become eighteen years of age on or after June 30, 2014, and before January 1, 2015.
(b)
On or before October 1, 2014, and as necessary thereafter, each county department of human or social services shall identify youth with intellectual and developmental disabilities who are receiving services through the child welfare system in that county and who will become eighteen years of age within the following six months.
(c)
Each county department of human or social services shall develop a plan to transition youth identified pursuant to paragraphs (a) and (b) of this subsection (3) to adult services for persons with intellectual and developmental disabilities. The transition plan must meet the criteria set forth in subsection (4) of this section and any rules promulgated by the state board to implement this section. Each county's plan must provide for:
(I)
Youth described in paragraph (a) of this subsection (3) to be transitioned as soon as possible but in no case later than January 1, 2016; and
(II)
Youth described in subparagraph (IV) of paragraph (a) of this subsection (3) or paragraph (b) of this subsection (3) to be transitioned as soon as possible based on individual needs but in no case earlier than their eighteenth birthday.
(d)
The requirement to transition youth as set forth in subsection (3)(c) of this section does not apply to youth currently serving a sentence in the division of youth services or to youth under a court order in a juvenile delinquency case, unless the court approves the transition by written court order.
(4)
For each youth with intellectual and developmental disabilities who is going to be transitioned to adult services for persons with intellectual and developmental disabilities pursuant to subsection (3) of this section, the county department of human or social services that is currently providing services to the youth through its child welfare system shall develop a transition plan for that youth. The transition plan must, at a minimum:
(a)
Include the department-prescribed assessment provided by the case management agency, as defined in section 25.5-6-1702 that is performed as soon as possible for those youth who are being transitioned pursuant to subsection (3) of this section and at seventeen and a half years of age for those youth who are being transitioned pursuant to subsection (3)(a)(IV) or (3)(b) of this section. In all instances, the assessment must be completed within six months of a youth's transition to adult services.
(b)
Provide for the social, habilitative, remedial, residential, educational, health, and other needs of the youth who is being transitioned; and
(c)
Address any legal needs concerning guardianship of the youth who is being transitioned.
(5)
In all instances, the involved parties and the county department of human or social services shall consider and place precedence on the best interest of the youth prior to the transition process, as set forth in sections
19-3-205
and
19-3-213
, C.R.S.
(6)
It is the intent of the general assembly that county child welfare systems and case management agencies, as defined in section 25.5-6-1702, collaborate to ensure minimal disruption for youth during the transition process.
(7)
The medical services board and the state board of human services may promulgate rules as necessary and appropriate for the implementation of this section.
(8)
The department shall submit a report to the joint budget committee on or before January 1, 2015, and on or before January 1, 2016, on the status of the youth being transitioned. The report must include, at a minimum:
(a)
The number of youth transitioned to date by county;
(b)
The needs assessment of the youth who have been transitioned; and
(c)
The type of adult residential locations of the youth who have been transitioned.
(9)
Repealed.
Amended by 2021 Ch. 83, § 34, eff. 7/1/2024.
Amended by 2017 Ch. 381, § 60, eff. 6/6/2017.
Added by 2014 Ch. 304, § 2, eff. 5/31/2014.
L. 2014: Entire section added, (HB 14-1368), ch. 1289, p. 1289, § 2, effective May 31. L. 2017: (3)(d) amended, (HB 17-1329), ch. 1983, p. 1983, § 60, effective June 6. L. 2021: (4)(a) and (6) amended, (HB 21 -1187), ch. 336, p. 336, § 34, effective 7/1/2024.
Subsection (9)(b) provided for the repeal of subsection (9), effective July 1, 2016. (See L. 2014, p. 1289.)
2021 Ch. 83, was passed without a safety clause. See Colo. Const. art. V, § 1(3).