(1)Any
interested person may petition the court to impose a legal disability on or to remove
a legal right from a person with an intellectual and developmental disability as
defined in section 25.5-10-202. The petition must set forth the disability to be
imposed or the legal right to be removed and the reasons therefor. The petition may
affect the right to contract, the right to determine place of abode or provisions of
services and supports, the right to operate a motor vehicle, and other similar rights.
(2)(a) Prior to granting the petition, the court must find:
(I)That the person subject to the petition has been determined to be a
person with an intellectual and developmental disability pursuant to the provisions
of this article; and
(II)That the requested disability or r
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(1) Any
interested person may petition the court to impose a legal disability on or to remove
a legal right from a person with an intellectual and developmental disability as
defined in section 25.5-10-202. The petition must set forth the disability to be
imposed or the legal right to be removed and the reasons therefor. The petition may
affect the right to contract, the right to determine place of abode or provisions of
services and supports, the right to operate a motor vehicle, and other similar rights.
(2) (a) Prior to granting the petition, the court must find:
(I) That the person subject to the petition has been determined to be a
person with an intellectual and developmental disability pursuant to the provisions
of this article; and
(II) That the requested disability or removal is both necessary and desirable
to implement the individualized plan developed for the person receiving services or
supports under the supervision of an intellectual and developmental disabilities
professional and the interdisciplinary team. Such professional must have an
understanding of the rights of persons receiving services as set forth in sections
25.5-10-218 to 25.5-10-229. Such plan must be submitted to the court and must be
signed by the intellectual and developmental disabilities professional.
(b) When a petition filed pursuant to subsection (1) of this section seeks to
impose a disability or to remove a legal right, related to the selection of place of
abode by the person with an intellectual and developmental disability, the court
must also find:
(I) That, based on the recent overt actions or omissions of the person subject
to the petition, and because of the presence of an intellectual and developmental
disability, without the relief requested in the petition such person poses a probable
threat of serious physical harm to such person or others or is unable to care for
such person's own needs to the extent that such person's own life or safety is
seriously threatened; and
(II) That the place of abode requested in the petition is the least restrictive
residential setting that is appropriate for the individual needs of the person with an
intellectual and developmental disability.
(3) Within six months after a legal disability has been imposed or a legal
right has been removed, the court shall hold a hearing to review its order and either
reaffirm the findings made pursuant to subsection (2) of this section and continue
the legal disability or removal or remove the legal disability or restore the legal
rights to the person subject to the petition. The court may remove a legal disability
from or restore a legal right to a person without a hearing upon the filing of a
motion requesting such relief containing affidavits in support of the motion signed
by all of the parties.
(4) Any interested person may move that the court remove a legal disability
or restore a legal right. If such motion is contested, it must be served on the person
whose rights are affected and upon the party who filed the original petition if the
person is not the moving party.
(5) The following procedures must apply to any proceedings instituted
pursuant to this section:
(a) When a petition is filed pursuant to subsection (1) of this section, the
person subject to the petition shall be advised by the court of such person's right to
retain and consult with an attorney at any time, and that if such person cannot
afford to pay an attorney, one will be appointed by the court without cost. Attorney
fees for court-appointed counsel shall be paid by the court.
(b) Upon the request of an indigent respondent or such respondent's
attorney, the court shall appoint one or more intellectual and developmental
disabilities professionals of the respondent's choice to assist the respondent in the
preparation of the respondent's case. The court shall pay the fees for such
intellectual and developmental disabilities professionals.
(c) The court may issue a temporary order imposing a legal disability or
removing a legal right, pending a hearing, for a period not to exceed ten days,
based upon the standards required for issuance of a temporary restraining order.
No individualized plan shall be required by the court to support the issuance of such
order.
(d) The burden of proof is at all times upon the party seeking imposition of a
disability or removal of a legal right or opposing removal of a disability or
restoration of a legal right, and the standard of proof is by clear and convincing
evidence.
(e) Except as otherwise provided in this subsection (5), all proceedings must
be held in conformance with the Colorado rules of civil procedure, but no costs
must be assessed against the respondent.
(6) In order to provide representation to eligible persons as provided in this
section, the judicial department may pay moneys, out of appropriations made
therefor by the general assembly, directly to appointed counsel or intellectual and
developmental disabilities professionals on a case-by-case basis or, on behalf of
the state, to contract with individual attorneys, legal partnerships, legal
professional corporations, public interest law firms, or nonprofit legal services
corporations to provide legal representation for an agreed-upon lump sum.
(7) A person shall not be admitted to a regional center, as defined in section
27-10.5-102, C.R.S., without a court order issued pursuant to this section except in
an emergency or for the purpose of temporary respite care.