Involuntary Treatment for Coloradans with disabilities

[THERE ARE PEOPLE WHO WOULD PREFER "INVOLUNTARY" TREATMENT OVER INCARCERATION --- AND LONG TERM COURT SUPERVISION OF THE TREATMENT MAY BE THE ONLY WAY TO GET AGREEMENT FROM COURTS & PROSECUTORS in some cases]


I. alcohol & drug Issues

II.  developmental disabilities


CRS 25.5-10-202. Definitions

(26)  (a) "Intellectual and developmental disability" means a disability that manifests before the person reaches twenty-two years of age, that constitutes a substantial disability to the affected person, and that is attributable to an intellectual and developmental disability or related conditions, including Prader-Willi syndrome, cerebral palsy, epilepsy, autism, or other neurological conditions when the condition or conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual and developmental disability. Unless otherwise specifically stated, the federal definition of "developmental disability" found in 42 U.S.C. sec. 15001 et seq., does not apply.

(b)  "Person with an intellectual and developmental disability" means a person determined by a community-centered board to have an intellectual and developmental disability and includes a child with a developmental delay.

(c)  "Child with a developmental delay" means:

(I)  A person less than five years of age with delayed development as defined by rule of the state board; or

(II)  A person less than five years of age who is at risk of having an intellectual and developmental disability as defined by rule of the state board.


CRS 25.5-10-216. Imposition of legal disability - removal of legal right

(2)  (a) Prior to granting the petition, the court must find:

(I)  That the person subject to the petition has been determined to be a person with an intellectual and developmental disability pursuant to the provisions of this article; and

(II)  That the requested disability or removal is both necessary and desirable to implement the individualized plan developed for the person receiving services or supports under the supervision of an intellectual and developmental disabilities professional and the interdisciplinary team. Such professional must have an understanding of the rights of persons receiving services as set forth in sections 25.5-10-218 to 25.5-10-229. Such plan must be submitted to the court and must be signed by the intellectual and developmental disabilities professional.

(b)  When a petition filed pursuant to subsection (1) of this section seeks to impose a disability or to remove a legal right, related to the selection of place of abode by the person with an intellectual and developmental disability, the court must also find:

(I)  That, based on the recent overt actions or omissions of the person subject to the petition, and because of the presence of an intellectual and developmental disability, without the relief requested in the petition such person poses a probable threat of serious physical harm to such person or others or is unable to care for such person's own needs to the extent that such person's own life or safety is seriously threatened; and

(II)  That the place of abode requested in the petition is the least restrictive residential setting that is appropriate for the individual needs of the person with an intellectual and developmental disability.


​III.  Mental Health Disorders

This waiver has A LOT of problems -- not least of which it is targeted to people with Mental Illness who need help with at least 1 Activity of Daily Living.  This is going to have to be revamped to be effective.  
CO's Dept. of Health Care Policy & Financing has a pretty misleading description of the services available.  Specifically, CO offers Assertive Community Treatment  (ACT), Residential Services & Intensive Case Management as ALTERNATIVE SERVICES that are artificially capped based on the savings of the Managed Care Program.  This means that even if someone meets REASONABLE MEDICAL NECESSITY -- there may be NO SERVICES AVAILABLE.  This is NOT Parity or Medicaid Network Adequacy.
CRS 27-65-107. Certification for short-term treatment - procedure

(1)  If a person detained for seventy-two hours pursuant to the provisions of section 27-65-105 or a respondent under court order for evaluation pursuant to section 27-65-106 has received an evaluation, he or she may be certified for not more than three months of short-term treatment under the following conditions:

(a)  The professional staff of the agency or facility providing seventy-two-hour treatment and evaluation has analyzed the person's condition and has found the person has a mental health disorder and, as a result of the mental health disorder, is a danger to others or to himself or herself or is gravely disabled.

(b)  The person has been advised of the availability of, but has not accepted, voluntary treatment; but, if reasonable grounds exist to believe that the person will not remain in a voluntary treatment program, his or her acceptance of voluntary treatment shall not preclude certification.


CRS 27-65-125. Criminal proceedings

Proceedings under section 27-65-105, 27-65-106, or 27-65-107 shall not be initiated or carried out involving a person charged with a criminal offense unless or until the criminal offense has been tried or dismissed; except that the judge of the court wherein the criminal action is pending may request the district or probate court to authorize and permit such proceedings.
​


IV.  BRAIN INjury & Guardianship


​CRS 15-14-315. Powers of guardian

(1)  Subject to the limitations set forth in section 15-14-316 and except as otherwise limited by the court, a guardian may:

(a)  Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;

(b)  If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling, but may only establish or move the ward's place of dwelling outside this state upon express authorization of the court;

(c)  If a conservator for the estate of the ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward;

(d)  Consent to medical or other care, treatment, or service for the ward [BUT see below -- CRS 15-14-316]; and

(e)  If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being.

(2)  The court may specifically authorize or direct the guardian to consent to the adoption or marriage of the ward.


​CRS 15-14-316. Rights and immunities of guardian - limitations

(4)  A guardian may not initiate certification of a ward to a mental health care institution or facility except in accordance with the state's procedure for involuntary treatment and evaluation of a mental health disorder pursuant to article 65 of title 27. To obtain hospital or institutional care and treatment for a ward's mental health disorder, a guardian shall proceed as provided under article 65 of title 27.

To obtain services and supports from an approved service agency as defined in section 25.5-10-202 for a ward with intellectual and developmental disabilities, a guardian shall proceed as provided pursuant to article 10 of title 25.5.

To obtain care and treatment for a ward's substance use disorder, a guardian shall proceed as provided pursuant to articles 81 and 82 of title 27.

A guardian shall not have the authority to consent to any such care or treatment against the ward's will.