First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0450.01 Jane Ritter x4342
HOUSE BILL 23-1067
House Committees Senate Committees
Public & Behavioral Health & Human Services Health & Human Services
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING CREATION OF A FAMILY AND COMMUNITY INTERVENER101
PROGRAM TO SUPPORT CHILDREN EXPERIENCING102
DEAFBLINDNESS, AND, IN CONNECTION THEREWITH, MAKING AN103
APPROPRIATION.104
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
SENATE
3rd Reading Unamended
April 24, 2023
SENATE
2nd Reading Unamended
April 21, 2023
HOUSE
3rd Reading Unamended
March 20, 2023
HOUSE
Amended 2nd Reading
March 17, 2023
HOUSE SPONSORSHIP
Young and Bradfield, Amabile, Bird, Boesenecker, Brown, Dickson, Duran, Froelich,
Garcia, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mabrey,
Marshall, Martinez, McCluskie, McCormick, McLachlan, Michaelson Jenet, Ortiz, Ricks,
Snyder, Taggart, Titone, Valdez
SENATE SPONSORSHIP
Cutter and Ginal, Buckner, Exum, Kolker, Moreno, Priola, Winter F., Zenzinger
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. specifically trained in deafblindness, building language and
communication skills, and intervention strategies with children who are
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
1067-2- difficult for children experiencing deafblindness because they have1
difficulty detecting their environment, and when essential information is2
missed, incidental learning is greatly limited.3
(2) Therefore, the general assembly finds and declares that it is in4
the best interest of the state of Colorado and, particularly, children who5
are experiencing deafblindness and their families to:6
(a) Create and fund the family and community intervener7
program, housed within the commission for the deaf, hard of hearing, and8
deafblind in the department of human services; and9
(b) Support the program's work with children who are deafblind10
and their families and its values of facilitating critical connections11
between family, community, people, and environments that promote12
social and emotional well-being.13
SECTION 2. In Colorado Revised Statutes, 26-21-103, add (4.3),14
(4.7), and (4.8) as follows:15
26-21-103. Definitions. As used in this article 21, unless the16
context otherwise requires:17
(4.3) "D
EAFBLIND" MEANS A PERSON WHO HAS CONCOMITANT18
HEARING AND VISUAL IMPAIRMENTS , THE COMBINATION OF WHICH CAUSES19
SUCH SEVERE COMMUNICATION BARRIERS AND DEVELOPMENTAL AND20
EDUCATIONAL CHALLENGES THAT A CHILD WHO IS DEAFBLIND CANNOT BE21
ACCOMMODATED IN SPECIAL EDUCATION PROGRAMS DESIGNED SOLELY22
FOR CHILDREN WHO ARE DEAF OR CHILDREN WHO ARE BLIND .23
(4.7) "I
NTERVENER" MEANS A PERSON WHO IS AT LEAST EIGHTEEN24
YEARS OF AGE AND:25
(a) I
S KNOWLEDGEABLE IN A VARIETY OF TECHNIQUES USED TO26
SUPPORT A CHILD WHO IS DEAFBLIND TO MEANINGFULLY PARTICIPATE IN27
1067
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(b) H
AS COMPLETED OR IS ENROLLED IN AN INTERVENER TRAINING2
PROGRAM AND HAS OBTAINED AN INTERVENER CERTIFICATE OR3
PROVISIONAL INTERVENER CERTIFICATE ;4
(c) H
AS THE ABILITY TO PROFICIENTLY COMMUNICATE IN THE5
FUNCTIONAL LANGUAGE OF THE CHILD TO WHOM THE INTERVENER IS6
ASSIGNED;7
(d) H
AS AT LEAST ONE YEAR OF EXPERIENCE WORKING WITH8
INDIVIDUALS WITH DEAFNESS , BLINDNESS, DEAFBLINDNESS, OR9
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ; AND10
(e) H
AS AT LEAST SIX MONTHS OF EXPERIENCE WORKING WITH11
INDIVIDUALS WHO HAVE DEAFBLINDNESS .12
(4.8) "I
NTERVENER PROGRAM MANAGER " MEANS A PERSON WHO13
HAS DEMONSTRATED INTERVENER ABILITIES AND CAN PROFICIENTLY14
COMMUNICATE IN THE FUNCTIONAL LANGUAGE OF CHILDREN WHO ARE15
DEAFBLIND AND:16
(a) H
AS A MINIMUM OF ONE YEAR OF PAID EXPERIENCE IN17
COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO18
CHILDREN WITH DEAFNESS, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE19
DISABILITIES, AND HAS A MASTER'S DEGREE IN A HEALTH AND HUMAN20
SERVICES-RELATED FIELD; OR21
(b) H
AS A MINIMUM OF TWO YEARS OF PAID EXPERIENCE IN22
COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO23
INDIVIDUALS WITH DEAFNESS, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE24
DISABILITIES, AND HAS A BACHELOR'S DEGREE IN A HEALTH AND HUMAN25
SERVICES-RELATED FIELD.26
SECTION 3. In Colorado Revised Statutes, 26-21-106, add (8.5)27
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26-21-106. Powers, functions, and duties of commission -2
community access program - report - rules - definitions. (8.5) (a) O
N3
OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL ESTABLISH A4
FAMILY AND COMMUNITY INTERVENER PROGRAM . THE FAMILY AND5
COMMUNITY INTERVENER PROGRAM SHALL WORK WITH CHILDREN WHO6
ARE DEAFBLIND TO FACILITATE CRITICAL CONNECTIONS BETWEEN THE7
CHILD AND THE CHILD'S FAMILY, COMMUNITY, AND ENVIRONMENT. THE8
FAMILY AND COMMUNITY INTERVENER PROGRAM MUST INCLUDE , BUT9
NEED NOT BE LIMITED TO , ACCESS TO A FAMILY AND COMMUNITY10
INTERVENER WITH SPECIFIC TRAINING IN DEAFBLINDNESS , STRATEGIES TO11
BUILD LANGUAGE AND COMMUNICATION SKILLS , AND INTERVENTION12
STRATEGIES. THE INTERVENER SHALL:13
(I) W
ORK ONE-ON-ONE WITH A CHILD WHO IS DEAFBLIND IN ORDER14
TO FACILITATE CRITICAL CONNECTIONS BETWEEN THE CHILD AND THE15
CHILD'S COMMUNITY, FAMILY, AND ENVIRONMENT;16
(II) O
PEN CHANNELS OF COMMUNICATION BETWEEN THE CHILD17
AND OTHERS;18
(III) F
ACILITATE THE DEVELOPMENT OR USE OF RECEPTIVE AND19
EXPRESSIVE COMMUNICATION SKILLS BY THE CHILD ;20
(IV) D
EVELOP AND MAINTAIN A TRUSTING , INTERACTIVE21
RELATIONSHIP WITH THE CHILD THAT PROMOTES SOCIAL AND EMOTIONAL22
WELL-BEING; AND23
(V) P
ROVIDE THE CHILD WITH OPPORTUNITIES FOR LEARNING AND24
DEVELOPMENT IN THE COMMUNITY AND AT HOME .25
(b) T
HE COMMISSION SHALL
HIRE AN INTERVENER PROGRAM26
MANAGER TO DIRECT SERVICES FOR CHILDREN WHO ARE DEAFBLIND AND27
1067
-5- ENSURE THAT AN INTERVENER :1
(I) W
ORKS WITH NO MORE THAN ONE CHILD AT A TIME ;2
(II) I
NSTRUCTS AND SUPPORTS THE CHILD IN SKILLS RELATED TO3
COMMUNITY INVOLVEMENT ;4
(III) T
RANSPORTS THE CHILD TO GAIN ACCESS TO COMMUNITY5
SERVICES AND RESOURCES;6
(IV) P
ROVIDES COMMUNICATION AND INFORMATION TO THE CHILD7
CONCERNING THE CHILD'S ENVIRONMENT THAT OTHERWISE WOULD BE8
AVAILABLE THROUGH VISION AND HEARING ;9
(V) U
SES INTERPERSONAL COMMUNICATION , INCLUDING SIGN10
LANGUAGE, SPEECH, TANGIBLE COMMUNICATION SYMBOLS , GESTURES,11
CALENDARS, AND AUGMENTATIVE COMMUNICATION DEVICES ;12
(VI) M
AKES SIGHTS, SOUNDS, AND ACTIVITIES ACCESSIBLE TO THE13
CHILD BY LEARNING THE CHILD'S SPECIFIC COMMUNICATION SYSTEM; AND14
(VII) F
ORMS A WORKING ALLIANCE WITH THE DEAFBLIND CHILD 'S15
FAMILY MEMBERS, NEIGHBORS, COMMUNITY ORGANIZATIONS , AND16
PROFESSIONALS WITH WHOM THE CHILD HAS CONTACT .17
(c) T
HE INTERVENER PROGRAM MANAGER SHALL DOCUMENT THE18
FOLLOWING OUTCOMES FOR INTERVENER SERVICES IN THE CHILD 'S19
RECORD:20
(I) W
HETHER THE CHILD IS EFFECTIVELY COMMUNICATING WANTS21
AND NEEDS TO THE CHILD'S INTERVENER; AND22
(II) W
HETHER THE CHILD IS ACTIVELY PARTICIPATING IN23
COMMUNITY ACTIVITIES AND ACTIVITIES OF DAILY LIVING TO THE EXTENT24
OF THE CHILD'S ABILITY.25
(d) THE INTERVENER PROGRAM MANAGER AND INTERVENER SHALL26
COLLABORATE WITH OTHER STATE AGENCIES AS APPROPRIATE THAT27
1067
-6- PROVIDE DIRECT OR INDIRECT SERVICES TO CHILDREN WHO ARE1
DEAFBLIND AND THEIR FAMILIES TO IDENTIFY POTENTIAL ADDITIONAL2
SERVICES OR OPPORTUNITIES FOR CHILDREN WHO ARE DEAFBLIND . 3
SECTION 4. In Colorado Revised Statutes, 40-17-104, amend4
(1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:5
40-17-104. Colorado telephone users with disabilities fund -6
creation - purpose. (1) (b) The general assembly shall make annual7
appropriations out of the fund:8
(II) To the reading services for the blind cash fund, created in9
section 24-90-105.5 (5), for use by the state librarian in support of10
privately operated reading services for people who are blind; and11
(III) To provide support for library services as authorized by12
section 24-90-105 (1)(e);
AND13
(IV) T
O PROVIDE SUPPORT FOR THE FAMILY AND COMMUNITY14
INTERVENER PROGRAM ESTABLISHED IN SECTION 26-21-106 (8.5).15
SECTION 5. Appropriation. (1) For the 2023-24 state fiscal16
year, $130,092 is appropriated to the Colorado commission for the deaf,17
hard of hearing, and deafblind cash fund created in section 26-21-107 (1),18
C.R.S. This appropriation is from the Colorado telephone users with19
disabilities fund created in section 40-17-104 (1)(a), C.R.S. The public20
utilities commission in the department of regulatory agencies is21
responsible for the accounting related to this appropriation.22
(2) For the 2023-24 state fiscal year, $130,092 is appropriated to23
the department of human services for use by the office of adults, aging,24
and disability services. This appropriation is from reappropriated funds25
in the Colorado commission for the deaf, hard of hearing, and deafblind26
cash fund under subsection (1) of this section, and is based on the27
1067
-7- assumption that the office will require an additional 0.4 FTE. To1
implement this act, the office may use the appropriation for the Colorado2
commission for the deaf, hard of hearing, and deafblind.3
SECTION 6. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
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