27-10.5-201. Legislative Declaration

Source:
Colorado Statutes/TITLE 27 INSTITUTIONS/MENTAL ILLNESS AND DEFECTS/General Provisions/ARTICLE 10.5 CARE AND TREATMENT OF THE DEVELOPMENTALLY DISABLED/PART 2 STATE COUNCIL ON DEVELOPMENTAL DISABILITIES/27-10.5-201. Legislative declaration.

27-10.5-201. Legislative declaration.

Statute text

The general assembly finds that state and local agencies provide a variety of services and supports to persons with developmental disabilities including institutional care, residential, social, and income maintenance services, diagnostic and health-related services, and educational and other programs. Because these services and supports are supported by many diverse agencies and organizations and because congress, through the federal "Developmental Disabilities Services and Facilities Construction Act", and amendments thereto, has called for the establishment of state councils to provide coordination and planning in the field of developmental disabilities, the general assembly declares that there is need to establish a state council on developmental disabilities to be responsible for the coordination of services and supports to the persons with developmental disabilities and to serve as an advocate for such persons. The general assembly further finds that there is need to carefully define the duties and responsibilities of a state council on developmental disabilities.

History

Source:L. 79: Entire part added, p. 1117, § 1, effective July 1. L. 85: Entire section amended, p. 1010, § 33, effective July 1. L. 92: Entire section amended, p. 1386, § 31, effective July 1. L. 2002: Entire section amended, p. 1024, § 48, effective June 1.

27-10.5-202. Definitions.

Statute text

As used in this part 2, unless the context otherwise requires:

(1) "Developmental disability" means a severe, chronic disability of a person nine years of age or older which:

(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(b) Is manifested before the person attains age twenty-two;

(c) Results in substantial functional limitations in three or more of the following areas of major life activity:

(I) Self-care;

(II) Receptive and expressive language;

(III) Learning;

(IV) Mobility;

(V) Self-direction;

(VI) Capacity for independent living; and

(VII) Economic self-sufficiency; and

(d) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services and supports which are of lifelong or extended duration and are individually planned and coordinated; except that such term when applied to infants and young children means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided.

(2) "State plan" means the state plan for developmental disabilities established pursuant to the provisions of section 27-10.5-204 and as required by the federal "Developmental Disabilities Services and Facilities Construction Act", and amendments thereto, including the "Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978", P.L. 95-602.

(3) "State council" means the Colorado developmental disabilities council established pursuant to section 27-10.5-203.

History

Source:L. 79: Entire part added, p. 1117, § 1, effective July 1. L. 92: Entire section amended, p. 1386, § 32, effective July 1. L. 2002: IP(1), (1)(d), and (3) amended, p. 1025, § 49, effective June 1.

Annotations

Editor's note: P.L. 95-602 is contained in 29 USCA 720.

27-10.5-203. Establishment of state council.

Statute text

(1) There is hereby created, within the office of the executive director of the department of human services, the Colorado developmental disabilities council. The powers, duties, and functions of the state council are transferred by a type 1 transfer, as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S., to the department of human services. The state council shall operate in accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15001 et seq.

(2) The state council shall consist of twenty-four members appointed by the governor for three-year terms; except that of the members first appointed, one-third shall be appointed for one-year terms, one-third shall be appointed for two-year terms, and one-third shall be appointed for three-year terms. Vacancies shall be filled by appointment for the unexpired term.

(3) The state council shall at all times include in its membership representatives of the principal state agencies, including the state agency that administers funds provided under the federal "Rehabilitation Act of 1973", the state agency that administers funds provided under the federal "Individuals with Disabilities Education Act", the state agency that administers funds provided under the federal "Older Americans Act of 1965", and the state agency that administers funds provided under Titles V and XIX of the federal "Social Security Act" for persons with developmental disabilities; university centers for excellence in developmental disabilities education, research, and service; nongovernmental agencies; and private nonprofit groups concerned with services and supports for persons with developmental disabilities.

(4) At least one-half of the membership of the state council shall consist of persons who:

(a) Are persons with developmental disabilities;

(b) Are parents or guardians of such persons; or

(c) Are family members or guardians of persons with mentally impairing developmental disabilities, and who are not employees of a state agency which receives funds or provides services and supports under this part 2, and who are not employees implementing programs under the federal "Social Security Act" or of any other entity which receives funds or provides services and supports under this part 2.

(5) Of the members of the state council described in subsection (4) of this section:

(a) At least one-third shall be persons with developmental disabilities;

(b) At least one-third shall be individuals described in paragraph (c) of subsection (4) of this section, and at least one of such individuals shall be an immediate relative or guardian of an institutionalized or previously institutionalized person with a developmental disability.

(6) Members of the state council shall serve without compensation but shall be entitled to reimbursement for their expenses while attending regular and special meetings of the state council.

(7) The state council shall operate in accordance with bylaws adopted by a quorum of its membership.

(8) For the purposes of holding meetings of the council, a quorum shall be a simple majority of the council membership in attendance.

History

Source:L. 79: Entire part added, p. 1118, § 1, effective July 1. L. 85: (2) and (6) amended, p. 1010, § 34, effective July 1. L. 92: Entire section R&RE, p. 1387, § 33, effective July 1. L. 93: (1) amended, p. 1164, § 138, effective July 1, 1994. L. 2002: (1), (2), (3), IP(4), IP(5), (6), and (7) amended, p. 1025, § 50, effective June 1.

Annotations

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.

27-10.5-204. Development of the state plan.

Statute text

The state council shall develop a five-year state plan for developmental disabilities in accordance with the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42 U.S.C. sec. 15024. The state plan shall include establishment of goals and priorities for meeting the needs of persons with developmental disabilities, including recommendations concerning state program operations and funding for a comprehensive system of services and supports to persons with developmental disabilities. The state plan shall be prepared in compliance with federal requirements and shall designate the state agency responsible for administration of the state plan. The state council shall submit the state plan to the governor for approval.

History

Source:L. 79: Entire part added, p. 1118, § 1, effective July 1. L. 92: Entire section amended, p. 1389, § 34, effective July 1. L. 2002: Entire section amended, p. 1026, § 51, effective June 1.

Annotations

ANNOTATION

Annotations

C.J.S. See 81A C.J.S., States, §§ 206, 207.

27-10.5-205. Powers and duties.

Statute text

(1) The state council shall:

(a) Monitor the plans and programs of state agencies established and administered pursuant to the state plan;

(b) Review budgets and other programs and proposals for funding services and supports to persons with developmental disabilities;

(c) Review programs that provide services and supports to persons with developmental disabilities under contracts with state agencies and community centered boards as authorized by the state plan;

(d) Encourage cooperation and coordination of services and supports of public and private agencies including home care services and assist in the elimination of unnecessary and duplicative programs and procedures;

(e) Identify gaps in services and supports to persons with developmental disabilities and monitor programs for deinstitutionalization of such persons;

(f) Serve in an advisory capacity to the governor and the general assembly on matters affecting persons with developmental disabilities;

(g) Meet at least quarterly and as often as necessary to fulfill its duties and responsibilities;

(h) Have all powers necessary to carry out the provisions of this part 2.

History

Source:L. 79: Entire part added, p. 1118, § 1, effective July 1. L. 85: (1)(b), (1)(c), (1)(e), and (1)(f) amended, p. 1011, § 35, effective July 1. L. 92: Entire section amended, p. 1389, § 35, effective July 1. L. 2002: IP(1) amended, p. 1026, § 52, effective June 1.

27-10.5-206. State council employees.

Statute text

Subject to available appropriations, the executive director of the department of human services may employ such personnel as are required by the state council, pursuant to the provisions of section 13 of article XII of the state constitution. The executive director of the department of human services will appoint the staff director to the state council, accepting the recommendations of the council.

History

Source:L. 79: Entire part added, p. 1119, § 1, effective July 1. L. 93: Entire section amended, p. 1164, § 139, effective July 1, 1994. L. 2002: Entire section amended, p. 1026, § 53, effective June 1.

Annotations

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.

27-10.5-207. Cooperation of departments.

Statute text

The departments of human services, public health and environment, and education shall cooperate with the state council in the development of and implementation of the recommendations made within the state plan. Said departments shall provide documents and other assistance requested by the state council or its representatives which are essential for the state council to meet its federal and state statutory requirements.

History

Source:L. 79: Entire part added, p. 1119, § 1, effective July 1. L. 92: Entire section amended, p. 1390, § 36, effective July 1. L. 93: Entire section amended, p. 1164, § 140, effective July 1, 1994. L. 2002: Entire section amended, p. 1027, § 54, effective June 1.

Annotations

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.