§ 25.5-10-202 — Definitions
As used in this article 10, unless the context otherwise requires:
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As used in this article 10, unless the context
otherwise requires:
(1) Abuse means any of the following acts or omissions committed against
a person with an intellectual and developmental disability:
(a) The nonaccidental infliction of physical pain or injury, as demonstrated
by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition,
dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue
swelling, or suffocation;
(b) Confinement or restraint that is unreasonable under generally accepted
caretaking standards; or
(c) Unlawful sexual behavior as defined in section 16-22-102 (9).
(1.3) Authorized representative means a person designated by the person
receiving services, or by the parent or guardian of the person receiving services, if
appropriate, to assist the person receiving services in acquiring or utilizing services
or supports pursuant to this article. The extent of the authorized representative's
involvement shall be determined upon designation.
(1.6) Caretaker means a person who:
(a) Is responsible for the care of a person with an intellectual and
developmental disability as a result of a family or legal relationship;
(b) Has assumed responsibility for the care of a person with an intellectual
and developmental disability; or
(c) Is paid to provide care, services, or oversight of services to a person with
an intellectual and developmental disability.
(1.8) (a) Caretaker neglect means neglect that occurs when adequate food,
clothing, shelter, psychological care, physical care, medical care, habilitation,
supervision, or other treatment necessary for the health and safety of a person with
an intellectual and developmental disability is not secured for a person with an
intellectual and developmental disability or is not provided by a caretaker in a
timely manner and with the degree of care that a reasonable person in the same
situation would exercise, or a caretaker knowingly uses harassment, undue
influence, or intimidation to create a hostile or fearful environment for an at-risk
adult with an intellectual and developmental disability.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1.8),
the withholding, withdrawing, or refusing of any medication, any medical procedure
or device, or any treatment, including but not limited to resuscitation, cardiac
pacing, mechanical ventilation, dialysis, artificial nutrition and hydration, any
medication or medical procedure or device, in accordance with any valid medical
directive or order, or as described in a palliative plan of care, shall not be deemed
caretaker neglect.
(c) As used in this subsection (1.8), medical directive or order includes a
medical durable power of attorney, a declaration as to medical treatment executed
pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form
executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed
pursuant to article 18.6 of title 15, C.R.S.
(1.9) 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 25.5-6-1702 (3).
(3) Case manager has the same meaning as set forth in section 25.5-6-1702 (4).
(4) Repealed.
(5) Community residential home means a group living situation
accommodating at least four but no more than eight persons, which is licensed by
the state and in which services and supports are provided to persons with
intellectual and developmental disabilities.
(5.5) Competitive integrated employment has the same meaning as set
forth in section 8-84-301, C.R.S.
(5.7) Conflict-free case management has the same meaning as set forth in
section 25.5-6-1702 (6).
(6) Consent means an informed assent that is expressed in writing and
freely given. Consent shall always be preceded by the following:
(a) A fair explanation of the procedures to be followed, including an
identification of procedures that are experimental;
(b) A description of the attendant discomforts and risks;
(c) A description of the expected benefits;
(d) A disclosure of appropriate alternative procedures together with an
explanation of the respective benefits, discomforts, and risks;
(e) An offer to answer any inquiries concerning procedures;
(f) An instruction that the person giving consent is free to withdraw consent
and to discontinue participation in the project or activity at any time; and
(g) A statement that withholding or withdrawal of consent shall not
prejudice future provision of appropriate services and supports to persons.
(7) Contribution means the benefits gained by the household or community
in which a person lives as the result of the person engaging in meaningful activities,
including but not limited to income-producing work, volunteer work, continuing
education, and participation in community activities.
(8) Court means a district court of the state of Colorado or the probate
court in the appropriate jurisdiction.
(9) Defined service area has the same meaning as set forth in section 25.5-6-1702 (7).
(10) Developmental disabilities professional has the same meaning as
intellectual and developmental disabilities professional as set forth in subsection
(25) of this section.
(11) (a) Developmental disability has the same meaning as intellectual and
developmental disability as set forth in paragraph (a) of subsection (26) of this
section.
(b) Person with a developmental disability or individual with a
developmental disability has the same meaning as person with an intellectual and
developmental disability as set forth in paragraph (b) of subsection (26) of this
section.
(c) Child with a developmental delay has the same meaning as set forth in
paragraph (c) of subsection (26) of this section.
(12) Division means the division of intellectual and developmental
disabilities, created in this part 2.
(13) Early intervention services and supports has the same meaning as set
forth in section 27-10.5-102, C.R.S.
(13.5) Eligible for home- and community-based services means a person
with an intellectual and developmental disability, as defined in section 25.5-6-403,
who meets the definition of an eligible person, as defined in section 25.5-6-403.
(14) Eligible for supports and services refers to any person with an
intellectual and developmental disability as determined by a case management
agency pursuant to section 25.5-6-1704.
(15) 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 state board, to participate in the program funded
pursuant to this section.
(15.3) Entity has the same meaning as set forth in section 25.5-6-1702 (8).
(15.5) Exploitation means an act or omission that:
(a) Uses deception, harassment, intimidation, or undue influence to
permanently or temporarily deprive a person with an intellectual and
developmental disability of the use, benefit, or possession of any thing of value;
(b) Employs the services of a third party for the profit or advantage of the
person or another person to the detriment of the person with an intellectual and
developmental disability;
(c) Forces, compels, coerces, or entices a person with an intellectual and
developmental disability to perform services for the profit or advantage of the
person or another person against the will of the person with an intellectual and
developmental disability; or
(d) Misuses the property of a person with an intellectual and developmental
disability in a manner that adversely affects the person with an intellectual and
developmental disability's ability to receive health care or health-care benefits or to
pay bills for basic needs or obligations.
(16) (a) Family means the interdependent group of persons that consists of:
(I) A parent, child, sibling, grandparent, aunt, uncle, spouse, or any
combination thereof and a family member with an intellectual and developmental
disability;
(II) An adoptive parent of and a family member with an intellectual and
developmental disability;
(III) One or more persons to whom legal custody of a person with an
intellectual and developmental disability has been given by a court and in whose
home such person resides; or
(IV) Any other family unit as may be defined in rules developed pursuant to
section 25.5-10-306.
(b) State board rules must define the families that are eligible to receive
services and supports pursuant to this article, and rules of the state board of human
services must define the families that are eligible to receive services and supports
pursuant to article 10.5 of title 27, C.R.S.
(17) Family caregiver means a family member of the person with an
intellectual and developmental disability who provides care to the person with an
intellectual and developmental disability in the family home, who meets the
requirements for a qualified family caregiver, as established by rule of the state
board, and who is working through a program-approved service agency, as
established by rule of the state board.
(18) Gastrostomy tube means a tube that has been surgically inserted into
the stomach through the abdominal wall, or a tube that has been inserted through
the nasal passage into the stomach, or both.
(18.5) Harmful act means an act committed against a person with an
intellectual and developmental disability by a person with a relationship to the
person with an intellectual and developmental disability when such act is not
defined as abuse, caretaker neglect, or exploitation but causes harm to the health,
safety, or welfare of a person with an intellectual and developmental disability.
(19) Human rights committee means a third-party mechanism to
adequately safeguard the legal rights of persons receiving services by participating
in the granting of informed consent, monitoring the suspension of rights of persons
receiving services, monitoring behavioral development programs in which persons
with intellectual and developmental disabilities are involved, monitoring the use of
psychotropic medication by persons with intellectual and developmental
disabilities, and reviewing investigations of allegations of mistreatment of persons
with intellectual and developmental disabilities who are receiving services or
supports under this article.
(20) IDEA has the same meaning as set forth in section 27-10.5-102, C.R.S.
(21) Inclusion means:
(a) The use by persons with intellectual and developmental disabilities of the
same community resources that are used by and available to other persons;
(b) The participation by persons with intellectual and developmental
disabilities in the same community activities in which persons without intellectual
and developmental disabilities participate. Participation includes regular contact
with persons without intellectual and developmental disabilities.
(c) Vocational experiences for persons with intellectual and developmental
disabilities in community settings that offer opportunities to associate with other
persons who do not have intellectual and developmental disabilities; and
(d) Living in homes that are in residential neighborhoods and in proximity to
community resources.
(22) Independent residential support services means a community living
situation, defined by rule of the state board, in which services and supports are
provided to no more than three persons with intellectual and developmental
disabilities and for which a state license is not required.
(23) Individualized family service plan or IFSP has the same meaning as
set forth in section 27-10.5-102, C.R.S.
(24) (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 results 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 by a representative of the case
management agency.
(c) Any other service or support plan designated by the state department
that meets all of the requirements of an individualized plan is considered to be an
individualized plan pursuant to this article.
(d) (I) Every individualized plan that includes the provision of respite care for
medical purposes, pursuant to section 25.5-10-205, shall include a process by
which the person receiving services and supports may receive necessary care if the
person's family or caregiver is unavailable due to an emergency situation or
unforeseen circumstances. The family or caregiver must be duly informed by the
interdisciplinary team of these alternative care provisions at the time the
individualized plan is initiated.
(II) Nothing in this paragraph (d) requires the provision of respite care.
However, any individual plan that includes the provision of respite care for medical
purposes must contain a contingency plan.
(25) Intellectual and developmental disabilities professional means a
person who has professional training and experience in the intellectual and
developmental disabilities field, as defined by rule of the state board.
(26) (a) Intellectual and developmental disability means a disability that
manifests before the person reaches twenty-two years of age, that constitutes a
substantial disability to the affected person, and that is attributable to an
intellectual and developmental disability or related conditions, including Prader-Willi syndrome, cerebral palsy, epilepsy, autism, or other neurological conditions
when the condition or conditions result in impairment of general intellectual
functioning or adaptive behavior similar to that of a person with an intellectual and
developmental disability. Unless otherwise specifically stated, the federal
definition of developmental disability found in 42 U.S.C. sec. 15002 (8) does not
apply.
(b) Person with an intellectual and developmental disability means a
person determined by a case management agency to have an intellectual and
developmental disability and includes a child with a developmental delay.
(c) Child with a developmental delay means:
(I) A person less than five years of age with delayed development as defined
by rule of the state board; or
(II) A person less than five years of age who is at risk of having an
intellectual and developmental disability as defined by rule of the state board.
(27) Interdependence means those multiple interactive relationships that
are necessary to create a sense of belonging and support between and among
people that are mutually sought, sustained over time, and beneficial to those
involved.
(28) Interdisciplinary team means a group of people convened by a
designated case management agency that includes the person receiving services;
the parents or guardian of a minor; a guardian or an authorized representative, as
appropriate; the person who coordinates the provisions of long-term services and
supports; and others chosen by the person receiving services, who are assembled to
work in a cooperative manner to develop or review the individualized plan.
(29) Least restrictive environment means an environment that represents
the least departure from the typical patterns of living and that effectively meets
the needs and preferences of the person receiving services. Least restrictive
environment may include, but need not be limited to, receiving services from a
service agency, a case management agency, or a family caregiver in the family
home.
(29.5) Mistreated or mistreatment means:
(a) Abuse;
(b) Caretaker neglect;
(c) Exploitation; or
(d) A harmful act.
(e) Repealed.
(30) Office means the office of community living created in part 1 of this
article.
(31) Person receiving services means a person with an intellectual and
developmental disability who is enrolled in a program funded pursuant to this
article.
(32) Program means a specific group of services or supports as defined by
rules promulgated by the state board 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.
(33) Regional center has the same meaning as set forth in section 27-10.5-102, C.R.S.
(34) Service agency means a person or any publicly or privately operated
program, organization, or business providing services or supports for persons with
intellectual and developmental disabilities.
(35) Service and support coordination means planning, locating,
facilitating access to, coordinating, and reviewing all aspects of needed 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 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.
(36) Services and supports or supports and services means one or more
of the following: Education, training, independent or supported living assistance,
therapies, identification of natural supports, and other activities provided:
(a) 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;
(b) To enhance child development and healthy parent-child and family
interaction for eligible persons and their families; and
(c) To 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.
(37) Sterilization means any surgical or other medical procedure that has
as its primary purpose to render a person permanently incapable of reproduction.
(37.5) Undue influence means the use of influence to take advantage of a
person with an intellectual and developmental disability's vulnerable state of mind,
neediness, pain, or emotional distress.
(38) Waiting list means the list of persons with intellectual and
developmental disabilities who are waiting for enrollment into a program provided
pursuant to this article.
Colorado § 25.5-10-202 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.