2020 Colorado Revised Statutes
Title 27 - Behavioral Health
Article 67. Children and Youth Mental Health Treatment Act
Section 27-67-103. Definitions.

As used in this article 67, unless the context otherwise requires:

1. "Care management" includes, but is not limited to, consideration of the continuity ofcare and array of services necessary for appropriately treating a child or youth and the decisionmaking authority regarding the child's or youth's placement in and discharge from behavioral health services.

2. "Child or youth at risk of out-of-home placement" means a child or youth who, although not otherwise categorically eligible for medicaid, meets the following criteria:

1. The child or youth has been diagnosed as having a mental health disorder, as definedin section 27-65-102 (11.5);

2. The child or youth requires a level of care that is provided in a residential child carefacility pursuant to section 25.5-6-903, or that is provided through community-based programs, and who, without such care, is at risk of unwarranted child welfare involvement or other system involvement, as described in section 27-67-102, in order to receive funding for treatment;

3. If the child or youth is determined to be in need of placement in a residential childcare facility, he or she shall apply for supplemental security income, but any determination for supplemental security income must not be a criterion for a child or youth to receive services pursuant to this article 67;

4. The child or youth is a person for whom there is no pending or current action independency or neglect pursuant to article 3 of title 19; and

5. The child or youth is younger than eighteen years of age, but he or she may continueto remain eligible for services until his or her twenty-first birthday.

3. "Community-based care" means any intervention that is designed to be an alternativeto residential or hospital level of care in which the child or youth resides within a noninstitutional setting.

4. "Community mental health center" has the same meaning as provided in section 2766-101 (2).

5. "County department" means the county or district department of human or socialservices.

6. "Family advocate" has the same meaning as provided in section 27-69-102 (5).

7. "Family systems navigator" has the same meaning as provided in section 27-69-102 (5.5).

8. "First-level appeal" means the initial process a medicaid member is required to enactto contest a benefit, service, or eligibility decision made by medicaid or a medicaid managed care entity.

9. "Medicaid child or youth who is at risk of out-of-home placement" means a child oryouth who is categorically eligible for medicaid but who otherwise meets the definition of a child or youth who is at risk of out-of-home placement as defined in subsection (2) of this section.

10. "Mental health agency" means a behavioral health services contractor through thestate department of human services serving children and youth statewide or in a particular geographic area, including but not limited to community mental health centers, and with the ability to meet all expectations of this article 67.

11. "Professional person" means a person licensed to practice medicine in this state, apsychologist certified to practice in this state, or a person licensed and in good standing to practice medicine in another state or a psychologist certified to practice and in good standing in another state who is providing medical or clinical services at a treatment facility in this state that is operated by the armed forces of the United States, the United States public health service, or the United States department of veterans affairs.

12. "State department" means the state department of human services.

Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p. 708, § 2, effective April 29. L. 2017: IP, (2)(a), and IP(3) amended, (SB 17-242), ch. 263, p. 1350, § 247, effective May 25. L. 2018: Entire section R&RE, (HB 18-1094), ch. 343, p. 2038, § 3, effective June 30; (5) amended, (SB 18-092), ch. 38, p. 453, § 139, effective August 8; (2)(b) amended, (HB 18-1328), ch. 184, p. 1244, § 7, effective June 7, 2019.

Editor's note: (1) This section is similar to former § 27-10.3-103 as it existed prior to 2010.

2. Section 10 of chapter 184 (HB 18-1328), Session Laws of Colorado 2018, providesthat section 7 of the act changing subsection (2)(b) takes effect upon notice to the revisor of statutes pursuant to section 25.5-5-306 (6) as enacted in section 2 of the act. For more information, see HB 18-1328. (L. 2018, p. 1247.) On August 14, 2019, the revisor of statutes received the notice referred to in § 25.5-5-306 (6) that the federal department of health and human services approved the waiver on June 7, 2019.

3. (a) Subsection (5) was numbered as subsection (4) in SB 18-092. That provision was harmonized with and relocated to subsection (5) as it appears in HB 18-1094.

(b) Amendments to subsection (2)(b) by HB 18-1094 and HB 18-1328 were harmonized, effective June 7, 2019.

Cross references: 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 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1328, see section 1 of chapter 184, Session Laws of Colorado 2018.