First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0450.01 Jane Ritter x4342
HOUSE BILL 23-1067
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING CREATION OF A FAMILY AND COMMUNITY INTERVENER101
PROGRAM TO SUPPORT CHILDREN EXPERIENCING102
DEAFBLINDNESS.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the family and community intervener program
(program) to support children who are deafblind and their families. The
program provides deafblind children the services of an intervener who is
specifically trained in deafblindness, building language and
communication skills, and intervention strategies with children who are
HOUSE SPONSORSHIP
Young and Bradfield,
SENATE SPONSORSHIP
Cutter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. deafblind and their community, families, and environment. The Colorado
commission for the deaf, hard of hearing, and deafblind (commission)
shall contract with an intervener program manager (manager) who has
oversight over the program, the intervener activities, and the outcomes for
children who are deafblind.
Starting in 2025, and upon the approval of the department of
health care policy and financing, the commission shall have the manager
direct eligible children to receive intervener services through the home-
and community-based services provided by the community first choice
option of the federal "Social Security Act".
The program is funded through the Colorado telephone users with
disabilities fund.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Children who are deafblind have incomplete, distorted, or4
unreliable access to visual or auditory information, or both;5
(b) The term "deafblind" does not refer to total deafness or total6
blindness but rather degrees of hearing and vision loss;7
(c) Children who are deafblind need a clear and consistent flow8
of visual and auditory information for learning, interaction, and overall9
development;10
(d) Many children who are deafblind have other disabling11
conditions, such as physical disabilities, health problems, and cognitive12
challenges;13
(e) Children who are deafblind are diverse and have unique needs,14
yet they share similar learning, communication, and social and emotional15
challenges; and16
(f) Learning through independent observation and exploration is17
difficult for children experiencing deafblindness because they have18
difficulty detecting their environment, and when essential information is19
HB23-1067-2- missed, incidental learning is greatly limited.1
(2) Therefore, the general assembly finds and declares that it is in2
the best interest of the state of Colorado and, particularly, children who3
are experiencing deafblindness and their families to:4
(a) Create and fund the family and community intervener5
program, housed within the commission for the deaf, hard of hearing, and6
deafblind in the department of human services; and7
(b) Support the program's work with children who are deafblind8
and their families and its values of facilitating critical connections9
between family, community, people, and environments that promote10
social and emotional well-being.11
SECTION 2. In Colorado Revised Statutes, 26-21-103, add (4.3),12
(4.7), and (4.8) as follows:13
26-21-103. Definitions. As used in this article 21, unless the14
context otherwise requires:15
(4.3) "D
EAFBLIND" MEANS A PERSON WHO HAS CONCOMITANT16
HEARING AND VISUAL IMPAIRMENTS, THE COMBINATION OF WHICH CAUSES17
SUCH SEVERE COMMUNICATION BARRIERS AND DEVELOPMENTAL AND18
EDUCATIONAL CHALLENGES THAT A CHILD WHO IS DEAFBLIND CANNOT BE19
ACCOMMODATED IN SPECIAL EDUCATION PROGRAMS DESIGNED SOLELY20
FOR CHILDREN WHO ARE DEAF OR CHILDREN WHO ARE BLIND .21
(4.7) "I
NTERVENER" MEANS A PERSON WHO IS AT LEAST EIGHTEEN22
YEARS OF AGE AND:23
(a) I
S KNOWLEDGEABLE IN A VARIETY OF TECHNIQUES USED TO24
SUPPORT A CHILD WHO IS DEAFBLIND TO MEANINGFULLY PARTICIPATE IN25
THE CHILD'S COMMUNITY;26
(b) H
AS COMPLETED OR IS ENROLLED IN AN INTERVENER TRAINING27
HB23-1067
-3- PROGRAM AND HAS OBTAINED AN INTERVENER CERTIFICATE OR1
PROVISIONAL INTERVENER CERTIFICATE ;2
(c) H
AS THE ABILITY TO PROFICIENTLY COMMUNICATE IN THE3
FUNCTIONAL LANGUAGE OF THE CHILD TO WHOM THE INTERVENER IS4
ASSIGNED;5
(d) H
AS AT LEAST ONE YEAR OF EXPERIENCE WORKING WITH6
INDIVIDUALS WITH DEAFNESS , BLINDNESS, DEAFBLINDNESS, OR7
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ; AND8
(e) H
AS AT LEAST SIX MONTHS OF EXPERIENCE WORKING WITH9
INDIVIDUALS WHO HAVE DEAFBLINDNESS .10
(4.8) "I
NTERVENER PROGRAM MANAGER " MEANS A PERSON WHO11
HAS DEMONSTRATED INTERVENER ABILITIES AND CAN PROFICIENTLY12
COMMUNICATE IN THE FUNCTIONAL LANGUAGE OF CHILDREN WHO ARE13
DEAFBLIND AND:14
(a) H
AS A MINIMUM OF ONE YEAR OF PAID EXPERIENCE IN15
COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO16
CHILDREN WITH DEAFNESS, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE17
DISABILITIES, AND HAS A MASTER'S DEGREE IN A HEALTH AND HUMAN18
SERVICES-RELATED FIELD; OR19
(b) H
AS A MINIMUM OF TWO YEARS OF PAID EXPERIENCE IN20
COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO21
INDIVIDUALS WITH DEAFNESS, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE22
DISABILITIES, AND HAS A BACHELOR'S DEGREE IN A HEALTH AND HUMAN23
SERVICES-RELATED FIELD.24
SECTION 3. In Colorado Revised Statutes, 26-21-106, add (8.5)25
as follows:26
26-21-106. Powers, functions, and duties of commission -27
HB23-1067
-4- community access program - report - rules - definitions. (8.5) (a) O N1
OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL ESTABLISH A2
FAMILY AND COMMUNITY INTERVENER PROGRAM . THE FAMILY AND3
COMMUNITY INTERVENER PROGRAM SHALL WORK WITH CHILDREN WHO4
ARE DEAFBLIND TO FACILITATE CRITICAL CONNECTIONS BETWEEN THE5
CHILD AND THE CHILD'S FAMILY, COMMUNITY, AND ENVIRONMENT. THE6
FAMILY AND COMMUNITY INTERVENER PROGRAM MUST INCLUDE , BUT7
NEED NOT BE LIMITED TO , ACCESS TO A FAMILY AND COMMUNITY8
INTERVENER WITH SPECIFIC TRAINING IN DEAFBLINDNESS , STRATEGIES TO9
BUILD LANGUAGE AND COMMUNICATION SKILLS , AND INTERVENTION10
STRATEGIES. THE INTERVENER SHALL:11
(I) W
ORK ONE-ON-ONE WITH A CHILD WHO IS DEAFBLIND IN ORDER12
TO FACILITATE CRITICAL CONNECTIONS BETWEEN THE CHILD AND THE13
CHILD'S COMMUNITY, FAMILY, AND ENVIRONMENT;14
(II) O
PEN CHANNELS OF COMMUNICATION BETWEEN THE CHILD15
AND OTHERS;16
(III) F
ACILITATE THE DEVELOPMENT OR USE OF RECEPTIVE AND17
EXPRESSIVE COMMUNICATION SKILLS BY THE CHILD ;18
(IV) D
EVELOP AND MAINTAIN A TRUSTING , INTERACTIVE19
RELATIONSHIP WITH THE CHILD THAT PROMOTES SOCIAL AND EMOTIONAL20
WELL-BEING; AND21
(V) P
ROVIDE THE CHILD WITH OPPORTUNITIES FOR LEARNING AND22
DEVELOPMENT IN THE COMMUNITY AND AT HOME .23
(b) T
HE COMMISSION SHALL CONTRACT WITH AN INTERVENER24
PROGRAM MANAGER TO DIRECT SERVICES FOR CHILDREN WHO ARE25
DEAFBLIND AND ENSURE THAT AN INTERVENER :26
(I) W
ORKS WITH NO MORE THAN ONE CHILD AT A TIME ;27
HB23-1067
-5- (II) INSTRUCTS AND SUPPORTS THE CHILD IN SKILLS RELATED TO1
COMMUNITY INVOLVEMENT ;2
(III) T
RANSPORTS THE CHILD TO GAIN ACCESS TO COMMUNITY3
SERVICES AND RESOURCES;4
(IV) P
ROVIDES COMMUNICATION AND INFORMATION TO THE CHILD5
CONCERNING THE CHILD'S ENVIRONMENT THAT OTHERWISE WOULD BE6
AVAILABLE THROUGH VISION AND HEARING ;7
(V) U
SES INTERPERSONAL COMMUNICATION , INCLUDING SIGN8
LANGUAGE, SPEECH, TANGIBLE COMMUNICATION SYMBOLS , GESTURES,9
CALENDARS, AND AUGMENTATIVE COMMUNICATION DEVICES ;10
(VI) M
AKES SIGHTS, SOUNDS, AND ACTIVITIES ACCESSIBLE TO THE11
CHILD BY LEARNING THE CHILD'S SPECIFIC COMMUNICATION SYSTEM; AND12
(VII) F
ORMS A WORKING ALLIANCE WITH THE DEAFBLIND CHILD 'S13
FAMILY MEMBERS, NEIGHBORS, COMMUNITY ORGANIZATIONS , AND14
PROFESSIONALS WITH WHOM THE CHILD HAS CONTACT .15
(c) T
HE INTERVENER PROGRAM MANAGER SHALL DOCUMENT THE16
FOLLOWING OUTCOMES FOR INTERVENER SERVICES IN THE CHILD 'S17
RECORD:18
(I) W
HETHER THE CHILD IS EFFECTIVELY COMMUNICATING WANTS19
AND NEEDS TO THE CHILD'S INTERVENER; AND20
(II) W
HETHER THE CHILD IS ACTIVELY PARTICIPATING IN21
COMMUNITY ACTIVITIES AND ACTIVITIES OF DAILY LIVING TO THE EXTENT22
OF THE CHILD'S ABILITY.23
(d) S
TARTING JULY 1, 2025, AND UPON THE APPROVAL OF THE24
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING , THE COMMISSION25
SHALL HAVE THE INTERVENER PROGRAM MANAGER DIRECT ELIGIBLE26
CHILDREN WHO ARE DEAFBLIND TO RECEIVE INTERVENER SERVICES27
HB23-1067
-6- THROUGH THE FAMILY AND COMMUNITY INTERVENER PROGRAM USING THE1
HOME- AND COMMUNITY-BASED SERVICES IN THE COMMUNITY FIRST2
CHOICE OPTION CREATED IN SECTION 1915(k) OF THE FEDERAL "SOCIAL3
S
ECURITY ACT", 42 U.S.C. 1396n.4
SECTION 4. In Colorado Revised Statutes, 40-17-104, amend5
(1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:6
40-17-104. Colorado telephone users with disabilities fund -7
creation - purpose. (1) (b) The general assembly shall make annual8
appropriations out of the fund:9
(II) To the reading services for the blind cash fund, created in10
section 24-90-105.5 (5), for use by the state librarian in support of11
privately operated reading services for people who are blind; and
12
(III) To provide support for library services as authorized by13
section 24-90-105 (1)(e);
AND14
(IV) T
O PROVIDE SUPPORT FOR THE FAMILY AND COMMUNITY15
INTERVENER PROGRAM ESTABLISHED IN SECTION 26-21-106 (8.5).16
SECTION 5. Act subject to petition - effective date. This act17
takes effect at 12:01 a.m. on the day following the expiration of the18
ninety-day period after final adjournment of the general assembly; except19
that, if a referendum petition is filed pursuant to section 1 (3) of article V20
of the state constitution against this act or an item, section, or part of this21
act within such period, then the act, item, section, or part will not take22
effect unless approved by the people at the general election to be held in23
November 2024 and, in such case, will take effect on the date of the24
official declaration of the vote thereon by the governor.25
HB23-1067
-7-