Colorado Code
Part 2 - Intellectual and Developmental Disabilities
§ 25.5-10-202. Definitions - Repeal

As used in this article 10, unless the context otherwise requires:



(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:






(1.9) [ Editor's note: This version of subsection (1.9) is effective until July 1, 2024. ] "Case management agency" means a public or private not-for-profit or for-profit agency that meets all applicable state and federal requirements and is certified by the state department to provide case management services pursuant to section 25.5-10-209.5. The case management agency shall provide case management services pursuant to a contract with the state department.
(1.9) [ Editor's note: This version of subsection (1.9) is effective July 1, 2024. ] "Case management agency" has the same meaning as set forth in section 25.5-6-1702 (2).



(2) [ Editor's note: This version of subsection (2) is effective July 1, 2024. ] "Case management services" has the same meaning as set forth in section 25.5-6-1702 (3).


(3) [ Editor's note: This version of subsection (3) is effective July 1, 2024. ] "Case manager" has the same meaning as set forth in section 25.5-6-1702 (4).




(5.5) "Competitive integrated employment" has the same meaning as set forth in section 8-84-301, C.R.S.
(5.7) [ Editor's note: This version of subsection (5.7) is effective until July 1, 2024. ] "Conflict-free case management" means, pursuant to 42 CFR 441.301 (c)(1)(VI), case management services provided to a person with an intellectual and developmental disability enrolled in a home- and community-based services waiver that are provided by a case management agency that is not the same agency that provides services and supports to that person. Service agencies and case management agencies are responsible for ensuring persons who are employed by the agency meet the requirements of this article 10.
(5.7) [ Editor's note: This version of subsection (5.7) is effective July 1, 2024. ] "Conflict-free case management" has the same meaning as set forth in section 25.5-6-1702 (6).











(9) [ Editor's note: This version of subsection (9) is effective July 1, 2024. ] "Defined service area" has the same meaning as set forth in section 25.5-6-1702 (7).







(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) [ Editor's note: This version of subsection (14) is effective July 1, 2024. ] "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.

(15.3) [ Editor's note: This subsection (15.3) is effective July 1, 2024. ] "Entity" has the same meaning as set forth in section 25.5-6-1702 (8).
(15.5) "Exploitation" means an act or omission that:













(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.















(b) [ Editor's note: This version of subsection (24)(b) is effective July 1, 2024. ] 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.








(b) [ Editor's note: This version of subsection (26)(b) is effective July 1, 2024. ] "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.






(28) [ Editor's note: This version of subsection (28) is effective July 1, 2024. ] "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) [ Editor's note: This version of subsection (29) is effective July 1, 2024. ] "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:
















(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.


Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1745, § 1, effective March 1, 2014. L. 2016: (1) and (19) amended and (1.3), (1.6), (1.8), (15.5), (29.5), and (37.5) added, (HB 16-1394), ch. 172, p. 562, § 14, effective July 1; (5.5) added, (SB 16-077), ch. 360, p. 1505, § 4, effective July 1. L. 2017: IP, (4), (14), (24)(b), (28), (29), and IP(36) amended, (1.9), (5.7), and (13.5) added, and (2)(a) repealed, (HB 17-1343), ch. 320, p. 1721, § 1, effective June 5. L. 2018: (26) amended, (SB 18-074), ch. 98, p. 770, § 3, effective August 8; (26)(a) amended, (SB 18-096), ch. 44, p. 474, § 16, effective August 8. L. 2019: (26)(a) amended, (SB 19-241), ch. 390, p. 3474, § 41, effective August 2. L. 2020: (1)(c), IP(15.5), (29.5)(c), and (29.5)(d) amended, (18.5) added, and (29.5)(e) repealed, (HB 20-1302), ch. 265, p. 1275, § 10, effective September 14. L. 2021: (1.9), (2), (3), (5.7), (9), (14), (24)(b), (26)(b), (28), and (29) amended and (15.3) added, (HB 21-1187), ch. 83, p. 337, § 38, effective July 1, 2024; (4)(b) added by revision, (HB 21-1187), ch. 83, pp. 335, 354, §§ 38, 70.


Cross references: For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016. For the legislative declaration in SB 18-096, see section 1 of chapter 44, Session Laws of Colorado 2018.

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