C.R.S. Section 25.5-10-231
Sterilization rights

(1)

It is the intent of the general assembly that the procedures set forth in the following subsections be utilized when sterilization is being considered for the primary purpose of rendering the person incapable of reproduction.

(2)

Any person with an intellectual and developmental disability over eighteen years of age who has given informed consent has the right to be sterilized, subject to the following:

(a)

Prior to the procedure, competency to give informed consent and assurance that such consent is voluntarily and freely given shall be evaluated by the following:

(I)

A psychiatrist, psychologist, or physician who does not provide services or supports to the person and who has consulted with and interviewed the person with an intellectual and developmental disability; and

(II)

An intellectual and developmental disabilities professional who does not provide services or supports in which said person participates, and who has consulted with and interviewed the person with an intellectual and developmental disability.

(b)

The professionals who conducted the evaluation pursuant to paragraph (a) of this subsection (2) shall consult with the physician who is to perform the operation concerning each professional’s opinion in regard to the informed consent of the person requesting the sterilization.

(3)

Any person with an intellectual and developmental disability whose capacity to give an informed consent is challenged by the intellectual and developmental disabilities professional or the physician may file a petition with the court to declare competency to give consent pursuant to the procedures set forth in section 25.5-10-232.

(4)

No person with an intellectual and developmental disability who is over eighteen years of age and has the capacity to participate in the decision-making process regarding sterilization shall be sterilized in the absence of the person’s informed consent. No minor may be sterilized without a court order pursuant to section 25.5-10-233.

(5)

Sterilization conducted pursuant to this section shall be legal. Consent given by any person pursuant to subsection (2) of this section is not revocable after sterilization, and no person shall be liable for acting pursuant to such consent.

Source: Section 25.5-10-231 — Sterilization 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

§ 25.5-10-231’s source at colorado​.gov