C.R.S. Section 25.5-10-232
Competency to give consent to sterilization

(1)

If the competency of the person with an intellectual and developmental disability to give consent to sterilization is disputed by the intellectual and developmental disabilities professional, the psychiatrist or psychologist, or physician, said person may file a petition for declaration of competency to give consent to sterilization with the court. Upon the filing of a petition which shows that said person is over eighteen years of age and desires to give consent to sterilization, the court shall immediately set a hearing to determine the person’s competency to give such consent. For the purpose of determining competency, the court shall appoint two or more independent professional persons with expertise in the field of intellectual and developmental disabilities who do not provide services and supports to said person to examine said person and to present their findings as to said person’s competency to give consent to sterilization at the competency hearing.

(2)

If the court determines that the person has given consent to sterilization and is competent to give such consent, the court may order that the sterilization be performed unless the person withdraws consent to sterilization prior to the sterilization being performed. If the court determines that the person is incompetent to give consent to sterilization, the court shall order that no sterilization be performed without further court proceedings pursuant to section 25.5-10-233.

(3)

Determination of competency in these proceedings is specific to the ability to give consent to sterilization and does not determine legal competency for any other purpose.

Source: Section 25.5-10-232 — Competency to give consent to sterilization, 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

§ 25.5-10-232’s source at colorado​.gov