reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-110.5 - Filing genetic testing results with court - no administrative process action order

(1)
Whenever genetic testing has been conducted pursuant to section
26-13.5-105
and the results show a less than ninety-seven percent probability of parentage, and the delegate child support enforcement unit issues a notice or order of dismissal of the APA case, the genetic testing results must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued, when there is a court action relating to child support pending, or where an order exists but is silent on the issue of child support.
(2)
Notwithstanding any other provisions of this article 13.5 to the contrary, the court has jurisdiction to receive an objection to genetic test results and to take any other appropriate action relating to such test results.
Added by 2018 Ch. 389, § 11, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2333, § 11, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-111 - [Repealed]

L. 89: Entire article added, p. 1245, § 1, effective 4/1/1990. L. 93: (4) amended, p. 1607, § 14, effective 1/1/1995. L. 2003: Entire section repealed, p. 1271, § 65, effective April 22.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-113 - Rules and regulations

The state board shall adopt rules and regulations establishing uniform forms and procedures to implement the administrative process set forth in this article and may adopt rules and regulations as may be necessary to carry out the provisions of this article.
L. 89: Entire article added, p. 1246, § 1, effective 4/1/1990.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-114 - Applicability of administrative procedure act

Except for the promulgation of rules and regulations as authorized in section
26-13.5-113
, the provisions of this article shall not be subject to the "State Administrative Procedure Act", article
4
of title
24
, C.R.S.
L. 89: Entire article added, p. 1246, § 1, effective 4/1/1990.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-115 - Additional remedies

The remedies created by this article are in addition to and not in substitution for any other existing remedies authorized by law to establish and enforce the duty of support.
L. 89: Entire article added, p. 1246, § 1, effective 4/1/1990.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-116 - [Effective until 8/7/2024] Attorney of record in administrative process action case

(1)
If a party retains legal counsel to represent him or her in an APA case, a written notice of representation signed by both the party and his or her attorney must be received by the delegate child support enforcement unit. The notice of representation is not effective until delivered to the delegate child support enforcement unit.
(2)
If a party terminates legal representation, the party shall deliver written notice of such termination to the delegate child support enforcement unit. The termination is effective upon receipt of delivery.
(3)
Except for service of the notice upon the APA-respondent, an attorney of record must, on behalf of his or her client, receive a copy of all documents delivered to the parties in an APA case.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2335, § 13, effective 7/1/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-116 - [Effective 8/7/2024] Attorney of record in administrative process action case

(1)
If a party retains legal counsel to represent the party in an APA case, a written notice of representation signed by both the party and the party's attorney or licensed legal paraprofessional must be received by the delegate child support enforcement unit. The notice of representation is not effective until delivered to the delegate child support enforcement unit.
(2)
If a party terminates legal representation, the party shall deliver written notice of such termination to the delegate child support enforcement unit. The termination is effective upon receipt of delivery.
(3)
Except for service of the notice upon the APA-respondent, an attorney or licensed legal paraprofessional of record must, on behalf of the client, receive a copy of all documents delivered to the parties in an APA case.
Amended by 2024 Ch. 131,§ 29, eff. 8/7/2024.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2335, § 13, effective 7/1/2019.
2024 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-117 - Administrative process action case - rights of the parties

(1)
An APA case may be conducted if the obligee or the obligor is an applicant for child support services pursuant to article
13
of this title 26.
(2)
Both parties have the right to a one-time standard continuance not to exceed seven days after the date of the currently scheduled negotiation conference.
(3)
Both parties have the right to contest paternity of a child if legal parentage of that child has not already been established by the court or by administrative order or determined pursuant to the laws of another state.
(4)
Both parties may attend and participate in an APA negotiation conference conducted pursuant to this article 13.5.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2335, § 13, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-118 - Exchange and delivery of evidence

(1)
All documents that are used in calculating the child support guidelines worksheet and administrative order must be provided to the other party at the time of or prior to the date and time of the currently scheduled negotiation conference.
(2)
If nondisclosure of information has been requested by a party pursuant to section
14-5-312
or
26-13-102.8
, the delegate child support enforcement unit shall not disclose information relating to the location of the requesting party or the dependent child. Unless otherwise provided by law, if a party has not requested nondisclosure of information, the delegate child support enforcement unit has no duty to redact other information contained in the document. The delegate child support enforcement unit shall be held harmless for the release of such information pursuant to this section.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2335, § 13, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-119 - Request for court hearing - transfer of jurisdiction

(1)
At any time after effecting service of process pursuant to section
26-13.5-104
, the delegate child support enforcement unit may refer the case to court by requesting a court hearing for the establishment or modification of child support without additional service of process when:
(a)
The APA-respondent is incarcerated and does not participate in a negotiation conference or sign a stipulated order;
(b)
An alleged or presumed parent is excluded by genetic testing results pursuant to section
13-25-126
;
(c)
A parent receives an adoption subsidy for a dependent child; or
(d)
Any other reason set forth in rule.
(2)
An APA-respondent may opt out of the APA proceedings and a court hearing must be scheduled pursuant to this section if, prior to the date and time of the currently scheduled negotiation conference, the APA-respondent delivers to the delegate child support enforcement unit a written request for a court hearing.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2336, § 13, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-120 - Default order of modification

(1)
If both parties fail to attend the currently scheduled negotiation conference on modification of a stipulated order or modification is not agreed to by the parties, the delegate child support enforcement unit shall enter a default order of modification.
(2)
To approve the default order of modification, the court shall confirm that the default order and all other documents required to be filed with the court pursuant to section
26-13.5-112
were in fact filed with the court. Prior to filing with the court, a supervisor, administrator, attorney, or county director of human or social services shall review the default order and other documents.
(3)
In approving a default order of modification, a court shall not:
(a)
Recalculate the amount of any child support obligation contained in the administrative order;
(b)
Schedule or conduct a court hearing; or
(c)
Require the filing of additional documents with the court.
(4)
(a)
If the court has not approved or denied approval of the default order within thirty-six days after filing with the court, the delegate child support enforcement unit shall notify the court that the deadline for approval or denial is in seven days on the forty-second day.
(b)
The court may conduct a judicial review of the default order of modification pursuant to section
26-13.5-107
.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2336, § 13, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-121 - When administrative process action order is effective

(1)
An APA stipulated or temporary order of establishment or an APA stipulated order of modification is effective upon filing with the clerk of court.
(2)
An APA default order of establishment or an APA default order of modification is effective upon approval by the court or by operation of law pursuant to section
26-13.5-106
or
26-13.5-120
.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2337, § 13, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-122 - Survivability of an administrative process action order - applicability

(1)
If an APA order is filed into a pending court case and that court case is subsequently dismissed, the APA order survives such dismissal and continues to be valid and enforceable unless the court specifically orders the dismissal of the APA order.
(2)
If an APA order contains a judgment establishing paternity, a judgment for child support debt pursuant to section
14-14-104
, or for costs of collection as defined in section
26-13.5-102 (4)
, and the parents subsequently marry each other, such judgments survive the marriage and continue to be valid and enforceable.
(3)
This section applies even if only one parent is a party to the APA order and even if the APA order is for foster care placement fees.
(4)
If the APA order establishes a support obligation that is owed to a nonparent caretaker, the support obligation, including any retroactive support, unpaid support, and monthly support owed to the nonparent caretaker, survives pursuant to this section.
(5)
If the APA order establishes a monthly support obligation that is or has been assigned to the county, state, or other jurisdiction, that portion of the order for a monthly support obligation during the period of assignment survives pursuant to this section.
Amended by 2023 Ch. 330,§ 20, eff. 7/1/2023.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2337, § 13, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 13.5 - ADMINISTRATIVE PROCEDURE FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT (§§ 26-13.5-101 — 26-13.5-123) › Section 26-13.5-123 - Where administrative process action order filed - electronic filing of order data - custodian of the record - applicability

(1)
A stipulated, temporary, or default order must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued, or in the district court where an action relating to support is pending or where an order exists but is silent on the issue of child support.
(2)
A stipulated or default order of modification must be filed in the county and case where the initial APA order was filed.
(3)
In appropriate cases, the delegate child support enforcement unit shall transmit data elements of the order, return of service of process, and other APA documents to the clerk of the court in the county where the notice of financial responsibility was issued in lieu of filing the order and other documents with the court.
(4)
When the original order is not filed with the court, the delegate child support enforcement unit shall be the custodian of the record until the order is filed with the court.
(5)
This section applies to both establishment and modification cases.
Added by 2018 Ch. 389, § 13, eff. 7/1/2019.
L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2337, § 13, effective 7/1/2019.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 15 - [Repealed] REFORM ACT FOR THE PROVISION OF HEALTH CARE FOR THE MEDICALLY INDIGENT (§ 26-15-101) › Section 26-15-101 - to 26-15-206 - [Repealed]

L. 2006: Entire article repealed, p. 1997, § 27, effective July 1.
(1) This article was added in 1983. The provisions of this article were relocated to part 1 of article
3
of title
25.5
.
(2) Section 26-15-114, enacted by chapter 323, Session Laws of Colorado 2006, was renumbered as and relocated to § 25.5-3-112.
For current provisions concerning the indigent care program, see part 1 of article 3 of title 25.5 .
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 16 - [Repealed] PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (§ 26-16-101) › Section 26-16-101 - to 26-16-109 - [Repealed]

L. 91: Entire article repealed, p. 1859, § 23, effective April 11.
This article was added in 1990 and was not amended prior to its repeal in 1991.
For current provisions concerning a program of all-inclusive care for the elderly, see § 25.5-5-412.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 17 - [Repealed] CHILDREN'S HEALTH PLAN (§ 26-17-101) › Section 26-17-101 - to 26-17-115 - [Repealed]

(1) Section 26-17-115 provided for the repeal of this article, effective July 1, 1999. (See L. 98, p. 458 )
(2) This article was added in 1990.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 18 - [Repealed] FAMILY RESOURCE CENTER PROGRAM (§ 26-18-101) › Section 26-18-101 - to 26-18-106 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-3-101
to
26.5-3-104
by 2022 Ch. 123, § 3, eff. 7/1/2022.
Amended by 2013 Ch. 307, § 9, eff. 7/1/2013.
Amended by 2013 Ch. 307, § 6, eff. 7/1/2013.
Amended by 2013 Ch. 169, § 11, eff. 7/1/2013.
Amended by 2013 Ch. 169, § 10, eff. 7/1/2013.
Amended by 2013 Ch. 169, § 9, eff. 7/1/2013.
L. 93: Entire article added, p. 1900, § 1, effective July 1. L. 97: (3) amended, p. 1115, § 1, effective May 28. L. 2001: Entire section amended, p. 246, § 1, effective March 29. L. 2009: (3) amended, (SB 09 -055), ch. 48, p. 172, § 1, effective March 20.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 19 - [Repealed] (§ 26-19-101) › Section 26-19-101 - to 26-19-113 - [Repealed]

L. 2006: Entire article repealed, p. 1997, § 27, effective July 1.
This article was added in 1997. The provisions of this article were relocated to article
8
of title
25.5
.
For current provisions concerning the children's basic health plan, see article 8 of title 25.5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 20 - PROTECTION OF PERSONS FROM RESTRAINT (§§ 26-20-101 — 26-20-111) › Section 26-20-101 - Short title

The short title of this article is the "Protection of Individuals from Restraint and Seclusion Act".
Amended by 2016 Ch. 345,§ 1, eff. 6/10/2016.
L. 99: Entire article added, p. 377, § 1, effective April 22. L. 2016: Entire section amended, (HB 16-1328), ch. 345, p. 1400, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 20 - PROTECTION OF PERSONS FROM RESTRAINT (§§ 26-20-101 — 26-20-111) › Section 26-20-104.5 - Duties relating to use of seclusion by division of youth services

(1)
Notwithstanding the provisions of section
26-20-103
to the contrary, if the division of youth services holds a youth in seclusion in any secure state-operated or state-owned facility:
(a)
A staff member shall check the youth's safety at varying intervals, but at least every fifteen minutes;
(b)
Within one hour after the beginning of the youth's seclusion period, and every hour thereafter, a staff member shall notify the facility director or his or her designee of the seclusion and receive his or her written approval of the seclusion; and
(c)
Within twelve hours after the beginning of the youth's seclusion period, the division of youth services shall notify the youth's parent, guardian, or legal custodian and inform that person that the youth is or was in seclusion and the reason for his or her seclusion.
(2)
(a)
A youth placed in seclusion because of an ongoing emergency must not be held in seclusion beyond four consecutive hours, unless the requirements of paragraph (b) of this subsection (2) are satisfied.
(b)
If an emergency situation occurs that continues beyond four consecutive hours, the division of youth services may not continue the use of seclusion for that youth unless the following criteria are met and documented:
(I)
A qualified mental health professional, or, if such professional is not available, the facility director or his or her designee, determines that referral of the youth in seclusion to a mental health facility is not warranted; and
(II)
The director of the division of youth services, or his or her designee, approves at or before the conclusion of four hours, and every hour thereafter, the continued use of seclusion.
(c)
A youth may not be held in seclusion under any circumstances for more than eight total hours in two consecutive calendar days without a written court order.
(3)
Notwithstanding any other provision of this section, the division of youth services may place a youth alone in a room or area from which egress is involuntarily prevented if such confinement is part of a routine practice that is applicable to substantial portions of the population. Such confinement must be imposed only for the completion of administrative tasks and should last no longer than necessary to achieve the task safely and effectively.
Amended by 2017 Ch. 381,§ 62, eff. 6/6/2017.
Added by 2016 Ch. 345,§ 4, eff. 6/10/2016.
L. 2016: Entire section added, (HB 16-1328), ch. 345, p. 1403, § 4, effective June 10. L. 2017: IP(1), (1)(c), IP(2)(b), (2)(b)(II), and (3) amended, (HB 17-1329), ch. 381, p. 1983, § 62, effective June 6.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 20 - PROTECTION OF PERSONS FROM RESTRAINT (§§ 26-20-101 — 26-20-111) › Section 26-20-105 - Staff training concerning the use of restraint and seclusion - adults and youth

(1)
An agency that utilizes restraint or seclusion shall ensure that all staff involved in utilizing restraint or seclusion in its facilities or programs are trained in the appropriate use of restraint and seclusion.
(1.5)
The division of youth services shall ensure that all staff involved in utilizing restraint and seclusion are trained in:
(a)
The health and behavioral effects of restraint and seclusion on youth, including those with behavioral or mental health disorders or intellectual and developmental disabilities;
(b)
Effective de-escalation techniques for youth in crisis, including those with behavioral or mental health disorders or intellectual and developmental disabilities;
(c)
The value of positive over negative reinforcement in dealing with youth; and
(d)
Methods for implementing positive behavior incentives.
(2)
All agencies that utilize restraint or seclusion shall ensure that staff are trained to explain, where possible, the use of restraint or seclusion to the individual who is to be restrained or secluded and to the individual's family if appropriate.
Amended by 2017 Ch. 381,§ 63, eff. 6/6/2017.
Amended by 2017 Ch. 263,§ 225, eff. 5/25/2017.
Amended by 2016 Ch. 345,§ 5, eff. 6/10/2016.
L. 99: Entire article added, p. 381, § 1, effective April 22. L. 2016: Entire section amended, (HB 16-1328), ch. 345, p. 1404, § 5, effective June 10. L. 2017: (1.5)(a) and (1.5)(b) amended, (SB 17-242), ch. 263, p. 1335, § 225, effective May 25; IP(1.5) amended, (HB 17-1329), ch. 381, p. 1984, § 63, effective June 6.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 20 - PROTECTION OF PERSONS FROM RESTRAINT (§§ 26-20-101 — 26-20-111) › Section 26-20-107 - Review of the use of restraint and seclusion

An agency that utilizes restraint or seclusion shall ensure that a review process is established for the appropriate use of restraint or seclusion.
Amended by 2016 Ch. 345,§ 7, eff. 6/10/2016.
L. 99: Entire article added, p. 382, § 1, effective April 22. L. 2016: Entire section amended, (HB 16-1328), ch. 345, p. 1406, § 7, effective June 10.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 20 - PROTECTION OF PERSONS FROM RESTRAINT (§§ 26-20-101 — 26-20-111) › Section 26-20-108 - Rules

An agency that is authorized to promulgate rules or adopt ordinances shall promulgate rules or adopt ordinances applicable to the agencies within their respective jurisdictions that establish procedures for the use of restraint and seclusion consistent with the provisions of this article. Any agency that has rules or ordinances in existence on April 22, 1999, is not required to promulgate additional rules or adopt additional ordinances unless that agency's existing rules or ordinances do not meet the minimum requirements of this article.
Amended by 2016 Ch. 345,§ 8, eff. 6/10/2016.
L. 99: Entire article added, p. 382, § 1, effective April 22. L. 2016: Entire section amended, (HB 16-1328), ch. 345, p. 1406, § 8, effective June 10.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 20 - PROTECTION OF PERSONS FROM RESTRAINT (§§ 26-20-101 — 26-20-111) › Section 26-20-109 - Limitations

(1)
Nothing in this article shall be deemed to form an independent basis of statutory authority for the use of restraint.
(2)
Nothing in this article shall be deemed to authorize an agency to implement policies, procedures, or standards or promulgate rules or adopt ordinances that would limit, decrease, or adversely impact any policies, procedures, standards, rules, or ordinances in effect on April 22, 1999, that provided greater protection concerning the use of restraint than is set forth in this article.
L. 99: Entire article added, p. 382, § 1, effective April 22.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-101 - Short title

The short title of this article 21 is the "Colorado Commission for the Deaf, Hard of Hearing, and Deafblind Act".
Amended by 2018 Ch. 303,§ 11, eff. 8/8/2018.
L. 2000: Entire article added, p. 1624, § 1, effective June 1. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1836, § 11, effective August 8.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-102 - Legislative declaration

The general assembly hereby finds, determines, and declares that a commission for the deaf, hard of hearing, and deafblind facilitates the provision of state and local government services to the deaf, hard of hearing, and deafblind while making government more efficient. Under the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended, Colorado has a duty to provide equivalent access to state government and public accommodations to the deaf, hard of hearing, and deafblind. This duty requires state departments and agencies to provide auxiliary services, communications technology equipment, and other resources to ensure access. Centralizing and unifying such resources under a Colorado commission creates cost savings for the state. In addition, the consolidation of resources facilitates quality control and increases the effectiveness of services while increasing access to services by the deaf, hard of hearing, and deafblind.
Amended by 2018 Ch. 303,§ 12, eff. 8/8/2018.
L. 2000: Entire article added, p. 1624, § 1, effective June 1. L. 2009: Entire section amended, (SB 09-144), ch. 219, p. 985, §1, effective August 5. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1836, § 12, effective August 8.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-104 - Commission created - appointments

(1)
The Colorado commission for the deaf, hard of hearing, and deafblind is created in the department of human services. The commission is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of human services.
(2)
The commission consists of seven members appointed by the governor as follows:
(a)
One member who is deaf;
(b)
One member who is hard of hearing;
(c)
One member who is a professional working with individuals in the deaf, hard-of-hearing, or deafblind community;
(d)
One member who is a parent of a deaf, hard-of-hearing, or deafblind person;
(e)
One member who is late deafened;
(f)
One member who is an auxiliary services provider for the deaf, hard of hearing, or deafblind and who is qualified to use at least one of the titles listed in section
6-1-707(1)(e)
; and
(g)
One member who is deafblind.
(3)
(a)
Members shall serve terms of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A member shall not serve more than two consecutive four-year terms.
(b)
The governor shall appoint a qualified person to fill any vacancy on the commission for the remainder of any unexpired term.
(4)
At least ninety days prior to the expiration of a member's term of office, the commission shall create a list of nominees. The nominees' names shall be submitted to the governor at least forty-five days prior to the expiration of the preceding term for which the nominees are being considered. If the governor approves the nominees, the governor shall appoint one of the nominees for each open position within ninety days after the date of each vacancy; otherwise, the governor shall appoint qualified persons in consultation with the commission.
Amended by 2022 Ch. 469,§76, eff. 8/10/2022.
Amended by 2022 Ch. 2,§91, eff. 2/25/2022.
Amended by 2018 Ch. 303,§14, eff. 8/8/2018.
Amended by 2015 Ch. 151,§4, eff. 7/1/2015.
L. 2000: Entire article added, p. 1625, § 1, effective June 1. L. 2009: (2)(c), (2)(f), and (4) amended, (SB 09-144), ch. 219, p. 986, §3, effective August 5. L. 2015: IP(2), (2)(c), (2)(f), (2)(g), and (3)(a) amended, (SB 15-178), ch. 151, p. 455, § 4, effective July 1. L. 2018: (1), (2)(c), (2)(d), (2)(f), and (2)(g) amended, (HB 18-1108), ch. 303, p. 1838, § 14, effective August 8.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-105 - [Effective Until 8/7/2024] Appointment of commission director - commission procedures - citizens council - creation

(1)
The executive director of the department of human services or the executive director's designee shall appoint a director of the commission. The executive director of the department shall provide comment and input to the commission on the hiring of the director.
(2)
(a)
The commission shall convene its first meeting of each fiscal year no later than October 1.
(b)
The commission may adopt such policies as are necessary to facilitate orderly conduct of its business.
(c)
The commission shall meet at least quarterly. Meetings shall also be held on call of the chair or at the request of at least three members of the commission.
(d)
The commission shall adopt no official position, recommendation, or action except by the concurrence of a majority of the members.
(e)
The commission shall encourage development and coordination of public and private agencies providing assistance to deaf, hard-of-hearing, and deafblind citizens.
(f)
(I)
There is hereby created the Colorado deafblind citizens council consisting of seven members.
(II)
The citizens council will advise the commission, state and local governments, and other relevant entities on how to increase competitive integrated employment as defined by section
8-84-301
, enlarge economic opportunities, enhance independence and self-sufficiency, and improve services for deafblind persons.
(III)
The commission shall appoint initial members to the citizens council by July 1, 2019. The commission shall designate four members to serve an initial four-year term and three members to serve an initial six-year term. After the initial terms, all subsequent appointees will serve four-year terms. The commission shall appoint a qualified person to fill any vacancy on the citizens council for the remainder of any unexpired term. The citizens council must have the following appointees:
(A)
One member who is deaf and blind;
(B)
One member who is deaf and low vision;
(C)
One member who is hard of hearing and blind;
(D)
One member who is hard of hearing and low vision;
(E)
One member who is latent deafblind;
(F)
One member who is a professional working with the deafblind community; and
(G)
One member who is a parent of a deafblind child.
(3) and (4)
(Deleted by amendment, L. 2009, (SB 09-144), ch. 987, p. 987, § 4, effective August 5, 2009.)
Amended by 2018 Ch. 303, § 15, eff. 8/8/2018.
L. 2000: Entire article added, p. 1626, § 1, effective June 1. L. 2009: Entire section amended, (SB 09 -144), ch. 219, p. 987, § 4, effective August 5. L. 2018: (1), (2)(a), and (2)(e) amended and (2)(f) added, (HB 18-1108), ch. 303, p. 1839, § 15, effective August 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-105 - [Effective 8/7/2024] Appointment of commission director - commission procedures - advisory council - creation

(1)
The executive director of the department of human services or the executive director's designee shall appoint a director of the commission. The executive director of the department shall provide comment and input to the commission on the hiring of the director.
(2)
(a)
The commission shall convene its first meeting of each fiscal year no later than October 1.
(b)
The commission may adopt such policies as are necessary to facilitate orderly conduct of its business.
(c)
The commission shall meet at least quarterly. Meetings shall also be held on call of the chair or at the request of at least three members of the commission.
(d)
The commission shall adopt no official position, recommendation, or action except by the concurrence of a majority of the members.
(e)
The commission shall encourage development and coordination of public and private agencies providing assistance to deaf, hard-of-hearing, and deafblind persons.
(f)
(I)
There is created the Colorado deafblind advisory council consisting of seven members.
(II)
The advisory council shall advise the commission, state and local governments, and other relevant entities on how to increase competitive integrated employment as defined in section
8-84-301
, enlarge economic opportunities, enhance independence and self-sufficiency, and improve services for deafblind persons.
(III)
The commission shall appoint initial members to the advisory council by July 1, 2019. The commission shall designate four members to serve an initial four-year term and three members to serve an initial six-year term. After the initial terms, all subsequent appointees serve four-year terms. The commission shall appoint a qualified person to fill any vacancy on the advisory council for the remainder of any unexpired term. The advisory council has the following appointees:
(A)
One member who is deaf and blind;
(B)
One member who is deaf and low vision;
(C)
One member who is hard of hearing and blind;
(D)
One member who is hard of hearing and low vision;
(E)
One member who is latent deafblind;
(F)
One member who is a professional working with the deafblind community; and
(G)
One member who is a parent of a deafblind child.
(3) and (4)
(Deleted by amendment, L. 2009, (SB 09-144), ch. 987, p. 987, § 4, effective August 5, 2009.)
Amended by 2024 Ch. 267,§ 5, eff. 8/7/2024.
Amended by 2018 Ch. 303, § 15, eff. 8/8/2018.
L. 2000: Entire article added, p. 1626, § 1, effective June 1. L. 2009: Entire section amended, (SB 09 -144), ch. 219, p. 987, § 4, effective August 5. L. 2018: (1), (2)(a), and (2)(e) amended and (2)(f) added, (HB 18-1108), ch. 303, p. 1839, § 15, effective August 8.
2024 Ch. 267, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-107 - Colorado commission for the deaf, hard of hearing, and deafblind cash fund - creation - gifts, grants, and donations - reimbursement

(1)
There is hereby created in the state treasury the Colorado commission for the deaf, hard of hearing, and deafblind cash fund. All money credited to the fund must be used exclusively for the administration and discharge of this article 21. All money credited to the fund and any interest earned from the investment of money in the fund remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.
(2)
The commission, subject to spending authority granted by the general assembly, is authorized to receive and expend gifts, grants, and donations from individuals, private organizations, foundations, or any governmental unit; except that no gift, grant, or donation may be accepted by the commission if it is subject to conditions that are inconsistent with this article or any other law of this state.
(3)
Commission members shall be reimbursed for actual and necessary expenses incurred in the discharge of their official duties, including an allowance for mileage as provided in section
24-9-104(2)
, C.R.S. The commission may establish a standardized per diem designed to cover the actual expenses of the members pursuant to this subsection (3).
Amended by 2018 Ch. 303,§ 17, eff. 8/8/2018.
L. 2000: Entire article added, p. 1627, § 1, effective June 1. L. 2002: (1) amended, p. 776, § 2, effective May 30. L. 2009: (1) and (2) amended, (SB 09-144), ch. 219, p. 990, §6, effective August 5. L. 2018: (1) amended, (HB 18-1108), ch. 303, p. 1844, § 17, effective August 8.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-107.5 - Colorado commission for the deaf, hard of hearing, and deafblind grant program - creation - standards - applications - definition

(1)
The Colorado commission for the deaf, hard of hearing, and deafblind grant program is hereby established to provide funding for entities to address the needs of Colorado's deaf, hard-of-hearing, and deafblind individuals.
(2)
(a)
The Colorado commission for the deaf, hard of hearing, and deafblind grant program committee appointed pursuant to section
26-21-107.7
shall administer the grant program as provided in section
26-21-107.7
.
(b)
The commission shall pay the grants awarded through the grant program from money appropriated by the general assembly.
(c)
Subject to available money, the general assembly shall appropriate to the commission no more than fifty thousand dollars annually to administer the grant program.
(3)
The state department shall adopt rules addressing timelines and guidelines for the grant program and establishing criteria for approving or disapproving grant applications.
(4)
An entity seeking to provide services to deaf, hard-of-hearing, or deafblind persons or to enhance existing deaf, hard-of-hearing, or deafblind programs may apply for a grant through the grant program.
(5)
As used in this section, "entity" means a local government, state agency, state-operated program, or private nonprofit or not-for-profit organization.
(6)
Grants must be awarded as provided in section
26-21-107.7(3)
and in compliance with applicable state rules.
(7)
Grantees shall comply with reporting requirements established by the commission.
Amended by 2021 Ch. 79,§3, eff. 4/30/2021.
Amended by 2018 Ch. 303,§18, eff. 8/8/2018.
L. 2009: Entire section added, (SB 09-144), ch. 990, p. 990, § 7, effective August 5. L. 2018: (1), (2), (4), and (6) amended, (HB 18-1108), ch. 1844, p. 1844, § 18, effective August 8. L. 2021: (5) amended, (SB 21-216), ch. 306, p. 306, §3, effective April 30.
For the legislative declaration in SB 21-216, see section 1 of chapter 79, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-108 - [Effective Until 8/7/2024] Repeal of article - sunset review

(1)
This article is repealed, effective September 1, 2024.
(2)
Prior to the repeal, the commission shall be reviewed as provided for in section
24-34-104
, C.R.S.
Amended by 2015 Ch. 151, § 1, eff. 7/1/2015.
L. 2000: Entire article added, p. 1628, § 1, effective June 1. L. 2010: (1) amended, (HB 10 -1255), ch. 132, p. 438, § 1, effective July 1. L. 2015: Entire section amended, (SB 15-178), ch. 151, p. 454, § 1, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 21 - Colorado Commission for the Deaf, Hard of Hearing, and Deafblind (§§ 26-21-101 — 26-21-108) › Section 26-21-108 - [Effective 8/7/2024] Repeal of article - sunset review

(1)
This article 21 is repealed, effective September 1, 2031.
(2)
Prior to the repeal, the commission shall be reviewed as provided for in section
24-34-104
, C.R.S.
Amended by 2024 Ch. 267,§ 2, eff. 8/7/2024.
Amended by 2015 Ch. 151, § 1, eff. 7/1/2015.
L. 2000: Entire article added, p. 1628, § 1, effective June 1. L. 2010: (1) amended, (HB 10 -1255), ch. 132, p. 438, § 1, effective July 1. L. 2015: Entire section amended, (SB 15-178), ch. 151, p. 454, § 1, effective July 1.
2024 Ch. 267, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 22 - [Repealed] (§ 26-22-101) › Section 26-22-101 - to 26-22-106 - [Repealed]

L. 2010: Entire article repealed, (SB 10-175), ch. 188, p. 675, §1, effective April 29.
(1) This article was added in 2007. The provisions of this article were relocated to article
69
of title
27
.
(2) Sections 26-22-101 through 26-22-104, amended by Senate Bill 10-014 and harmonized with Senate Bill 10-175, were renumbered and relocated to §§
27-69-101
through
27-69-104
respectively.
(3) Section 26-22-105, amended by Senate Bill 10-014 and Senate Bill 10-213 and harmonized with Senate Bill 10-175, was renumbered and relocated to §
27-69-105
.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 23 - TRAINING VETERANS TO TRAIN THEIR OWN SERVICE DOGS PILOT PROGRAM (§§ 26-23-101 — 26-23-105) › Section 26-23-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Department" means the department of human services.
(2)
"Eligible veteran" means a person in need of mental health services who:
(a)
Served in the active military, naval, air service, Coast Guard, or National Guard or the reserve forces of the United States and who was discharged or released under conditions other than dishonorable, in accordance with U.S.C. title 38, as amended; and
(b)
Received a referral from a qualified mental health professional for purposes of participating in the program.
(3)
"Executive director" means the executive director of the department.
(4)
"Follow-along support services" means training and support services provided to an eligible veteran who is participating in the program after canine fostering and training is complete.
(5)
"Fund" means the training veterans to train their own service dogs pilot program fund created in section
26-23-104
.
(6)
"Program" means the training veterans to train their own service dogs pilot program.
Added by 2016 Ch. 328,§ 1, eff. 6/10/2016.
L. 2016: Entire article added, (HB 16-1112), ch. 328, p. 1330, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 23 - TRAINING VETERANS TO TRAIN THEIR OWN SERVICE DOGS PILOT PROGRAM (§§ 26-23-101 — 26-23-105) › Section 26-23-102 - Training veterans to train their own service dogs pilot program - created - purpose - selection process - services to veterans

(1)
There is created in the department the training veterans to train their own service dogs pilot program. The purpose of the program is to identify and train a group of up to ten eligible veterans to pair with dogs, as identified by qualified canine trainers in conjunction with the veterans, to foster, train, and ultimately utilize the dogs as their own service or companion animals. The program will further offer those veterans who graduate from the program with a trained dog the opportunity and necessary follow-along services to expand the program, if willing, by identifying, fostering, and training a subsequent dog for another eligible veteran who is unable to complete one or more parts of the process due to physical limitations.
(2)
The department must establish and post the eligibility criteria for selection to the program for veterans and canines, as well as requirements for a nonprofit selected to implement the program pursuant to section
26-23-103
.
Added by 2016 Ch. 328,§ 1, eff. 6/10/2016.
L. 2016: Entire article added, (HB 16-1112), ch. 328, p. 1331, § 1, effective June 10.