Colo. Rev. Stat. § 18-6.5-102

Current through 11/5/2024 election

Section 18-6.5-102 - Definitions

As used in this article 6.5, unless the context otherwise requires:

(1) "Abuse" means any of the following acts or omissions committed against an at-risk person:

(a) The nonaccidental infliction of bodily injury, serious bodily injury, or death;

(b) Confinement or restraint that is unreasonable under generally accepted caretaking standards; or

(c) Subjection to sexual conduct or contact classified as a crime under this title.

(2) "At-risk adult" means any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability as said term is defined in subsection (11) of this section.

(2.5) "At-risk adult with IDD" means a person who is eighteen years of age or older and is a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S.

(3) "At-risk elder" means any person who is seventy years of age or older.

(4) "At-risk juvenile" means any person who is under the age of eighteen years and is a person with a disability as said term is defined in subsection (11) of this section.

(4.5) "At-risk person" means an at-risk adult, an at-risk adult with IDD, an at-risk elder, or an at-risk juvenile.

(5) "Caretaker" means a person who:

(a) Is responsible for the care of an at-risk person as a result of a family or legal relationship;

(b) Has assumed responsibility for the care of an at-risk person; or

(c) Is paid to provide care or services to an at-risk person.

(6)

(a) "Caretaker neglect" means neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or any other treatment necessary for the health or safety of an at-risk person is not secured for an at-risk person or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk person.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (6), the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, and artificial nutrition and hydration, in accordance with any valid medical directive or order or as described in a palliative plan of care, is not deemed caretaker neglect.

(c) As used in this subsection (6), "medical directive or order" includes a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.

(7) "Clergy member" means a priest; rabbi; duly ordained, commissioned, or licensed minister of a church; member of a religious order; or recognized leader of any religious body.

(8) "Convicted" and "conviction" mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.

(9) "Crime against an at-risk person" means any offense listed in section 18-6.5-103 or criminal attempt, conspiracy, or solicitation to commit any of those offenses.

(10) "Exploitation" means an act or omission committed by a person who:

(a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value;

(b) Employs the services of a third party for the profit or advantage of the person or another person to the detriment of the at-risk person;

(c) Forces, compels, coerces, or entices an at-risk person to perform services for the profit or advantage of the person or another person against the will of the at-risk person; or

(d) Misuses the property of an at-risk person in a manner that adversely affects the at-risk person's ability to receive health care or health-care benefits or to pay bills for basic needs or obligations.

(10.5) "Mistreated" or "mistreatment" means:

(a) Abuse;

(b) Caretaker neglect; or

(c) Exploitation.

(11) "Person with a disability" means any person who:

(a) Is impaired because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute virtual blindness;

(b) Is unable to walk, see, hear, or speak;

(c) Is unable to breathe without mechanical assistance;

(d) Is a person with an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.;

(e) Has a mental health disorder, as defined in section 27-65-102;

(f) Is mentally impaired as the term is defined in section 24-34-501 (1.3)(b)(II), C.R.S.;

(g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or

(h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27, C.R.S.

(12) "Position of trust" means assuming a responsibility, duty, or fiduciary relationship toward an at-risk adult or at-risk juvenile.

(13) "Undue influence" means the use of influence to take advantage of an at-risk person's vulnerable state of mind, neediness, pain, or emotional distress.

(14) "Unlawful abandonment" means the intentional and unreasonable desertion of an at-risk person in a manner that endangers the safety of that person.

C.R.S. § 18-6.5-102

Amended by 2022 Ch. 451, § 27, eff. 8/10/2022.

Amended by 2019 Ch. 365, § 2, eff. 7/1/2019.

Amended by 2017 Ch. 263, § 142, eff. 5/25/2017.

Amended by 2016 Ch. 172, § 2, eff. 7/1/2016.

Amended by 2015 Ch. 259, § 40, eff. 8/5/2015.

Amended by 2015 Ch. 278, § 2, eff. 6/5/2015.

Amended by 2014 Ch. 103, § 1, eff. 4/7/2014.

Amended by 2013 Ch. 323, § 30, eff. 3/1/2014.

Amended by 2013 Ch. 233, § 3, eff. 5/16/2013.

L. 91: Entire article added, p. 1778, § 2, effective July 1. L. 92: (3)(d) amended, p. 1397, § 54, effective July 1. L. 93: (1.5) added and (3)(a) and (3)(f) amended, pp. 1733, 1637, §§ 23, 21, effective July 1. L. 2006: (3)(e) amended, p. 1388, § 17, effective August 7. L. 2007: (3.5) added, p. 2006, § 1, effective July 1. L. 2010: (3)(e) amended, (SB 10-175), ch. 786, p. 786, § 31, effective April 29. L. 2012: (1.7) and (1.8) added, (HB 12-1226), ch. 279, p. 1486, § 1, effective August 15. L. 2013: Entire section amended, (SB 13-111), ch. 1119, p. 1119, § 3, effective May 16; (3)(d) amended, (HB 13-1314), ch. 1804, p. 1804, § 30, effective 3/1/2014. L. 2014: (1), (10)(a), and (13) amended, (SB 14 -098), ch. 386, p. 386, § 1, effective April 7. L. 2015: (2.5) added, (SB 15-109), ch. 1140, p. 1140, § 2, effective June 5; (11)(f) amended, (SB 15-264), ch. 952, p. 952, § 40, effective August 5. L. 2016: (1), (2.5), (5), (6), (9), (10), and (13) amended and (4.5) and (10.5) added, (HB 16-1394), ch. 545, p. 545, § 2, effective July 1. L. 2017: IP and (11)(e) amended, (SB 17-242), ch. 1307, p. 1307, § 142, effective May 25. L. 2019: (14) added, (SB 19-172), ch. 3359, p. 3359, § 2, effective July 1.

Amendments to subsection (3)(d) by House Bill 13-1314 and Senate Bill 13-111 were harmonized, and subsection (3)(d) was relocated to subsection (11)(d).

2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration in the 2013 act amending this section, see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 19-172, see section 1 of chapter 365, Session Laws of Colorado 2019.