C.R.S. Section 25.5-10-218
Persons’ rights

(1)

Unless a person’s rights are modified by court order, a person with an intellectual and developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws. No otherwise qualified person, by reason of having an intellectual and developmental disability, may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity which receives public funds.

(2)

The receipt of services and supports pursuant to this article does not deprive any person of any other rights, benefits, or privileges or cause the person to be declared legally incompetent.

(3)

[Editor’s note:
This version of subsection (3) is effective until July 1, 2024.]
The rights of any person receiving services which are specified in this article may be suspended to protect the person receiving services from endangering such person, others, or property. Such rights may be suspended only by the intellectual and developmental disabilities professional with subsequent review by the interdisciplinary team and by the human rights committee in order to provide specific services or supports to the person receiving services, which will promote the least restriction on the person’s rights. Such person’s legal rights may be removed by a court pursuant to section 25.5-10-216.

(3)

[Editor’s note:
This version of subsection (3) is effective July 1, 2024.]
The rights of any person receiving services which are specified in this article 10 may be modified to protect the person receiving services from endangering the person, others, or property. The rights may be modified only with the informed consent of the person receiving services or the person’s legally authorized representative and with subsequent review by the person receiving services, the person’s legally authorized representative, the person’s interdisciplinary team, and by the human rights committee in order to provide specific services or supports to the person receiving services, which will promote the least restriction on the person’s rights. The person’s legal rights may be removed by a court pursuant to section 25.5-10-216.

(4)

None of the rights established pursuant to this article shall be construed to interfere with the rights and privileges of parents regarding their minor child.

Source: Section 25.5-10-218 — Persons’ rights, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­5.­pdf (accessed Oct. 20, 2023).

25.5‑10‑101
Office of community living - creation - transfer of duties and functions - rules - legislative declaration 25.5‑10‑201
Legislative declaration 25.5‑10‑202
Definitions - repeal 25.5‑10‑203
Division of intellectual and developmental disabilities - creation - functions - reporting - legislative declaration 25.5‑10‑204
Duties of the executive director - state board rules - definitions - repeal 25.5‑10‑205
Community-centered boards and service agencies - local public procurement units 25.5‑10‑206
Authorized long-term services and supports - conditions of funding - purchase of services and supports - adult protective services data system check - boards of county commissioners - appropriation 25.5‑10‑207.5
Strategic plan for long- term services and supports - joint hearing - appropriation - reporting - legislative declaration - rules 25.5‑10‑208
Service agencies and case management agencies - money - rules - repeal 25.5‑10‑209
Community-centered boards - designation - purchase of services and supports - performance audits - Colorado local government audit law - public disclosure of board administration and operations - repeal 25.5‑10‑209.3
Cross-system behavioral health crisis response - comprehensive care coordination and treatment model - training - legislative declaration 25.5‑10‑209.5
Case management agencies - certification - purchase of services and supports - rules - repeal 25.5‑10‑210
Revocation of designation - repeal 25.5‑10‑211
Eligibility determination - individualized plan - periodic review - rules - repeal 25.5‑10‑211.5
Conflict-free case management - implementation - legislative declaration - definition - repeal 25.5‑10‑212
Procedure for resolving disputes over eligibility, modification of services or supports, and termination of services or supports 25.5‑10‑213
Discharge - repeal 25.5‑10‑214
Community residential home - licenses - rules 25.5‑10‑215
Compliance with local government zoning regulations - notice to local governments - provisional licensure 25.5‑10‑216
Imposition of legal disability - removal of legal right 25.5‑10‑217
Conduct of court proceedings 25.5‑10‑218
Persons’ rights 25.5‑10‑219
Right to individualized plan or individualized family service plan - repeal 25.5‑10‑220
Right to medical care and treatment 25.5‑10‑221
Right to humane treatment 25.5‑10‑222
Right to religious belief, practice, and worship 25.5‑10‑223
Rights to communications and visits 25.5‑10‑224
Right to fair employment practices 25.5‑10‑225
Right to vote 25.5‑10‑226
Records and confidentiality of information pertaining to eligible persons or their families - repeal 25.5‑10‑227
Right to personal property 25.5‑10‑228
Right to influence policy 25.5‑10‑229
Right to notification 25.5‑10‑230
Discrimination 25.5‑10‑231
Sterilization rights 25.5‑10‑232
Competency to give consent to sterilization 25.5‑10‑233
Court-ordered sterilization 25.5‑10‑234
Confidentiality of sterilization proceedings 25.5‑10‑235
Limitations on sterilization 25.5‑10‑236
Civil action and attorney fees 25.5‑10‑237
Terminology 25.5‑10‑238
Federal funds 25.5‑10‑239
Evaluations to determine whether a defendant is mentally retarded or has an intellectual and developmental disability for purposes of class 1 felony trials 25.5‑10‑240
Retaliation prohibited 25.5‑10‑241
Host home provider stakeholder collaboration - report 25.5‑10‑301
Legislative declaration 25.5‑10‑302
Purpose 25.5‑10‑303
Administration - duties of department 25.5‑10‑304
Family support councils 25.5‑10‑305
Authorized family support services 25.5‑10‑305.5
Family support services fund - creation 25.5‑10‑306
Rules
Green check means up to date. Up to date

Current through Fall 2024

§ 25.5-10-218’s source at colorado​.gov