10 Colo. Code Regs. § 2505-10-8.604

Current through Register Vol. 47, No. 16, August 25, 2024

Section 10 CCR 2505-10-8.604 - [Repealed effective 9/14/2024] DUE PROCESS AND CONFIDENTIALITY

8.604.1RIGHTS OF PERSONS RECEIVING SERVICES

A person receiving services has the same legal rights and responsibilities guaranteed to all other individuals under the federal and state constitutions and federal and state laws including, but not limited to, those contained in section 25.5 -10, C.R.S., unless such rights are modified pursuant to state or federal law.

8.604.2PROCEDURAL REQUIREMENTS REGARDING RIGHTS

A. The policies and procedures of community centered boards, program approved service agencies and regional centers otherwise referred to as "agencies" must, at a minimum, provide that each person receiving services has the rights contained in Sections 25.5-10-218 through 231, C.R.S.

B. Persons receiving services shall have the right to read or have explained any rules or regulations adopted by the Department and policies and procedures of the community centered board, program approved service agency or regional center pertaining to such persons' activities, services and supports, or to obtain copies of section 25.5-10, C.R.S., rules, policies or procedures at no cost or at a reasonable cost in accordance with section 24-72-205, C.R.S.

C. Agencies shall inform persons receiving services, parents of minors, guardians and authorized representatives of the rights provided in section 25.5-10, C.R.S., and:

1. Agencies shall provide a written and verbal summary of rights and a description of how to exercise them, at the time of eligibility determination, at the time of enrollment, and when substantive changes to services and supports are considered through the Individualized Planning process.

2. The information shall be provided in a manner that is easily understood, verbally and in writing, in the native language of the person, or through other modes of communication as may be necessary to enhance understanding.

3. Agencies shall provide assistance and ongoing instruction to persons receiving services in exercising their rights.

D. No person receiving services, his/her family members, guardian or authorized representatives, may be retaliated against in their receipt of services or supports or otherwise as a result of attempts to advocate on their own behalf.

E. Employees and contractors must be made aware of the rights of persons receiving services and procedures for safeguarding these rights.

8.604.3SAFEGUARDING THE RIGHTS OF PERSONS RECEIVING SERVICES

A. An individual's rights may be suspended only to protect the individual from endangering such person, others, or property. Rights of an adult person receiving services may be suspended only by a developmental disabilities professional in a manner which will promote the least restriction on the person's rights and in accordance with rules and regulations herein or by a court order. Additionally, in the case of a minor, the parent(s) or guardian must approve suspension of any rights which may pertain to the minor.

1. When suspension of an individual's rights is under consideration, the rights to be affected shall be specifically explained to the individual with notice as defined in section 8.600.4 of these rules of such proposed activity given to the appropriate parties.

2. When a right is proposed to be suspended, it is reviewed by the individual's interdisciplinary team and, if suspended, is documented in the Individualized Plan. The person's Individualized Plan must include a statement of what services and supports are required and plans for implementing such services and supports in order to assist the person to the point that suspension of rights is no longer needed. This plan shall meet the requirements of Sections 8.607 and 8.608.

3. When a right has been suspended, the continuing need for such suspension shall be reviewed by the individual's interdisciplinary team at a frequency decided by the team, but not less than every six months.

a. Such review shall include the original reason for suspension, current circumstances, success or failure of programmatic intervention, and the need for continued suspension or modification.

b. Restoration of affected rights shall occur as soon as circumstances justify.

4. At the time a right is suspended, such action shall be referred to the Human Rights Committee for review and recommendation. Such review shall include an opportunity for the person who is affected, parent of a minor, guardian or authorized representative, after being given reasonable notice of the meeting, to present relevant information to the Human Rights Committee.

5. Emergency action may be taken by a developmental disabilities professional, specifically designated for this purpose, by the director of the community centered board, program approved service agency or regional center to suspend the right(s) of a person receiving services if such action is imminently necessary to protect the health and safety of the person, others, or property When such emergency action is necessary, the least intrusive means of right(s) suspension shall be utilized in order to protect the health and safety of the person or others, or property, and the following requirements must be adhered to:

a. The person assigned case management responsibility pursuant to section 8.607.1.E, must be notified of the right(s) suspension within 24 hours;

b. The suspended right(s) shall be specifically explained to the individual and notice as defined in section 8.600.4, sent to the appropriate parties within 24 hours of the suspension of the right(s); and,

c. Immediately initiate the provisions of section 8.604.3.A.2 through 4.

B. Suspension from Services and Supports

1. The community centered board shall ensure that an interdisciplinary team is convened, to review the cause for suspension and to revise the Individualized Plan. If the suspension is part of a restrictive program meeting requirements of section 8.608.2 such a meeting may not be necessary.

2. Provisions for temporary suspension of specific services or supports received by an individual may be made if, in the opinion of the community centered board, program approved service agency or regional center, a person receiving services has demonstrated a serious physical threat to the health or safety of the person or others and such is necessary to protect the health or safety of the person or others.

3. Suspension is considered temporary in nature, may not be used to effect termination from services or supports, and must be fully documented in the record of the person receiving services including provisions of when original services or supports will resume.

4. Suspension of specific services or supports received by an individual shall not relieve the community centered board, program approved service agency or regional center of responsibility to provide case management services, modified services or supports that may be provided in an alternative setting, and continued habilitation and planning to facilitate the person's return to the original services or supports, if appropriate.

5. Services and supports may not be suspended if such suspension would place such person at risk of loss of a place of abode.

6. The Department may authorize suspension of services or supports pending the outcome of a dispute resolution process on termination and enter orders regarding the responsibility to provide alternative services during this time period. The program approved service agency or community centered board may request such authorization by following the process for emergency proceedings outlined at section 8.605.4.

8.604.4USE OF AN AUTHORIZED REPRESENTATIVE

A. Persons who are eligible for services and supports, the parent or guardian of a minor, or legal guardian of an adult, shall be informed at the time of enrollment and at each annual review of the Individualized Plan that they may designate an authorized representative.

The designation of an authorized representative must occur with informed consent of the person receiving services, or the parent or guardian of a minor, or legal guardian of an adult.

B. Such designation shall be in writing and shall specify the extent of the authorized representative's involvement in assisting the person receiving services in acquiring or utilizing services or supports available pursuant to section 25.5 -10, C.R.S, and in protecting their rights.

C. The written designation of an authorized representative shall be maintained in the record of the person receiving services.

D. The person receiving services may withdraw their designation of an authorized representative at any time.

10 CCR 2505-10-8.604

47 CR 16, August 25, 2024, effective 9/14/2024