As used in this article, unless the context otherwise requires:
"Authorized representative" has the same meaning as set forth in section 25.5-10202, C.R.S.
"Case management services" has the same meaning as set forth in section 25.5-10202, 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 25.5-10202, C.R.S.
(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.
"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.
"Developmental disabilities professional" has the same meaning as "intellectual anddevelopmental disabilities professional" as set forth in subsection (21.5) of this section.
(a) "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 anintellectual 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 thedepartment; 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 providedpursuant 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, socialemotional, and self-help skills.
"Eligible for supports and services" refers to any person with an intellectual anddevelopmental 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 25.5-10202, 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.
(20) (a) "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, signedby 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 therequirements of an individualized plan will be considered to be an individualized plan pursuant to this article.
(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.
"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 25.510-202, C.R.S.
"Person receiving services" means a person with an intellectual and developmentaldisability 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 departmentthat 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 responsiblechoices, 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.)
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.
Editor's note: (1) Amendments to this section by House Bill 08-1031, Senate Bill 08002, and House Bill 08-1366 were harmonized.
(2) 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. 27-10.5-103. Duties of the executive director - rules - definition. (1) In order to implement the provisions of this article, the executive director shall carry out the following duties, subject to available appropriations:
Promote effective coordination with agencies serving persons with intellectual anddevelopmental 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;
Conduct appropriate part C child find activities as described in section 27-10.5-704. Part C child find activities conducted by the department shall include, but need not be limited to, case management, referral, transitions, and public education outreach and awareness of early intervention services.
Operate regional centers pursuant to part 3 of this article; and(d) Facilitate employment first policies and practices by:
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
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:
Standards for services and supports, including preparation of individualized plans;
Purchase of services and supports and financial administration;
Procedures for resolving disputes over eligibility determination and the modification,denial, or termination of services;
Procedures for admission to programs contained in this article;
Systems of quality assurance and data collection;
The rights of a person receiving services;
Confidentiality of records of a person receiving services;
Designation of authorized representatives and delineation of their rights and dutiespursuant to this article;
(I) The establishment of guidelines and procedures for authorization of persons foradministration of nutrition and fluids through gastrostomy tubes.
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.
A person who is not otherwise authorized by law to administer nutrition and fluidsthrough gastrostomy tubes is allowed to perform the duties only under the supervision of a licensed nurse or physician. A person who administers nutrition and fluids in compliance with the provisions of 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.
For purposes of this paragraph (i), "administration" means assisting a person in theingestion of nutrition or fluids according to the direction and supervision of a licensed nurse or physician.
(j) Child find activities, as described in section 27-10.5-704.
Source: L. 75: Entire article added, p. 908, § 1, effective July 1. L. 79: (4)(b) amended, p. 1640, § 47, effective July 19. L. 85: Entire section R&RE, p. 987, § 3, effective July 1. L. 88: (2)(j) repealed and (3) amended, pp. 1083, 1082, §§ 9, 2, effective April 9. L. 91: (2)(k) added, p. 1164, § 6, effective March 29; (1)(f) amended, p. 1859, § 22, effective April 11. L. 92: (2)(k)(V) repealed, p. 2011, § 5, effective June 2; entire section amended, p. 1357, § 3, effective July 1. L. 93: (1)(f) amended, p. 1162, § 133, effective July 1, 1994; (1)(f) repealed, p. 1121, § 32, effective July 1, 1994. L. 94: (1)(f) RC&RE, p. 2613, § 18, effective July 1. L. 2003: IP(2) and (2)(k)(III) amended, p. 714, § 54, effective July 1. L. 2006: (1)(f) amended, p. 2021, § 112, effective July 1. L. 2007: Entire section amended, p. 1559, § 6, effective May 31. L. 2008: (1)(h) and (2)(l) amended, p. 1448, § 2, effective August 5. L. 2009: IP(2) amended, (SB 09044), ch. 57, p. 208, § 10, effective March 25. L. 2010: (2)(e) amended, (SB 10-208), ch. 314, p. 1472, § 2, effective May 27. L. 2013: Entire section R&RE, (HB 13-1314), ch. 323, p. 1792, § 3, effective March 1, 2014. L. 2016: (1)(b) and (1)(c) amended and (1)(d) added, (SB 16-077), ch. 360, p. 1507, § 8, effective July 1. L. 2019: IP(2) and (2)(i)(III) amended, (HB 19-1172), ch. 136, p. 1712, § 197, effective October 1. L. 2020: (2)(i)(III) amended, (HB 20-1183), ch. 157, p. 704, § 65, effective July 1.
Editor's note: Amendments to this section by Senate Bill 92-096 and Senate Bill 92-133 were harmonized.
Cross references: For the legislative declaration contained in the 1993 act repealing subsection (1)(f), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act recreating and reenacting subsection (1)(f), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016.