1. (1) The division for the deaf, hard of hearing, and deafblind is created in the communication services for people with disabilities enterprise. The powers, functions, and duties of the division include:

   1. (a) Serving as a liaison between deaf, hard of hearing, and deafblind and the general assembly, governor, and Colorado departments and agencies;
   2. (b) Serving as an informational resource to state and local governments, deaf, hard of hearing, deafblind, private agencies, and other entities;
   3. (c) Serving as a referral agency for deaf, hard of hearing, and deafblind to state agencies and institutions, local government agencies, private agencies, and other entities;
   4. (d) Assessing how communications technology has affected the needs of the deaf, hard of hearing, and deafblind, including the type and amount of equipment needed by the deaf, hard-of-hearing, and deafblind community and speech-disabled individuals who qualify under the federal poverty guidelines established in accordance with the Omnibus Budget Reconciliation Act of 1981, 42 U.S.C. 9902 (2);

   5. (e) Assessing the needs of the deaf, hard-of-hearing, and deafblind community and reporting annually to the governor and the general assembly any recommendations for legislation and administrative changes that may facilitate or streamline the provision of government services to individuals who are deaf, hard of hearing, or deafblind. Notwithstanding section 24-1-136 (11)(a)(I), on or before September 1 of each year, the division shall file the report required by this subsection (1)(e). In preparing the annual report and recommendations, the division shall consider the following:

      1. (I) Whether any existing statutory or administrative provisions impede the ability of the division to act as a statewide coordinating agency advocating for individuals who are deaf, hard of hearing, or deafblind in Colorado;
      2. (II) Any methods, programs, or policies that may improve communication and environmental accessibility and quality of existing services, promote or deliver necessary new services, and assist state agencies in the delivery of services to deaf, hard-of-hearing, and deafblind individuals;
      3. (III) Any methods, programs, or policies that may make providing access to government services more efficient; and
      4. (IV) Any methods, programs, or policies that may improve implementation of state policies affecting deaf, hard of hearing, and deafblind and their relationship with the general public, industry, health care, and educational institutions.
   6. (f) Approving a sign language interpreter's certifications as valid and reliable in accordance with section 6-1-707 (1)(e)(I)(B); and

   7. (g) Coordinating the provision of a telecommunications relay service program for individuals in the state who are deaf, hard of hearing, or deafblind or speech-disabled. In doing so, this service shall:

      1. (I) Conform with section 401 of the federal Americans with Disabilities Act of 1990, 47 U.S.C. sec. 225, including the provision for state application to the federal communications commission for certification;
      2. (II) Meet or exceed all operational, technical, and functional minimum standards in federal communications commission regulations governing telecommunication relay services under 47 CFR 64 subpart F and 47 CFR 9 subpart E.

      3. (1.5)

         1. (a) On and after June 30, 2025, the rights, powers, duties, and functions regarding the telecommunications relay services vested in the public utilities commission prior to that date are transferred from the public utilities commission to the division for the division to perform the functions described in subsection (1)(g) of this section.

         2. (b)

            1. (I) On and after June 30, 2025, whenever any provision of law refers to the public utilities commission in connection with the functions transferred to the division pursuant to this subsection (1.5), the law shall be construed as referring to the division.
            2. (II) Any contract entered into by the public utilities commission prior to June 30, 2025, in connection with the functions transferred to the division pursuant to this subsection (1.5) is validated, with the division succeeding to all rights and obligations under the contract.
            3. (III) On and after June 30, 2025, the division shall satisfy any obligations incurred by the public utilities commission, but not yet paid, in connection with the functions transferred to the division pursuant to this subsection (1.5).
            4. (1.7) Pursuant to a contract entered into between the division director and the board and without regard to the Procurement Code, articles 101 to 112 of title 24, the division shall provide administrative, professional, and technical staff to assist the board with the conduct of the affairs of the enterprise.
2. (2) The division shall consider the findings of any study authorized under this section and may approve, disapprove, or amend the findings. After consideration of the findings, the division shall submit a report with recommendations, including proposed legislation, if necessary, to the governor and to the general assembly. The division shall submit the report annually, notwithstanding section 24-1-136 (11)(a)(I), and may combine the report with, or include the report as a part of, the annual report prepared under subsection (1)(e) of this section.
3. (3) The division shall establish and coordinate a communications technology program that is consistent with the findings of subsection (1) of this section to obtain and distribute interactive telecommunications and other communications technology equipment needed by individuals who are deaf, hard of hearing, or deafblind or speech-disabled.

4. (4) The division, in collaboration with the judicial department, shall arrange for auxiliary services for deaf, hard-of-hearing, and deafblind individuals for the state court system. Arranging auxiliary services for the state court system includes:

   1. (a) Coordinating statewide and day-to-day scheduling of auxiliary services;
   2. (b) Creating and managing a process by which requests for auxiliary services may be filled;
   3. (c) Identifying, coordinating, and placing the appropriate auxiliary services with all concerned parties;
   4. (d) Coordinating the purchase, shipment, and receipt of assistive listening devices and systems pursuant to applicable state rules;
   5. (e) Creating and managing efficient and consistent processes through which auxiliary services providers may submit required documentation and receive payment for services;
   6. (f) Communicating with auxiliary services users, providers, and state court system agencies to resolve issues between those parties; and

   7. (g)

      1. (I) Establishing, monitoring, and publishing a list of available qualified interpreters and CART providers for deaf, hard-of-hearing, or deafblind persons.

      2. (II) As used in this subsection (4)(g):

         1. (A) CART provider means a person providing a word-for-word speech-to-text translation service for deaf, hard of hearing, or deafblind.
         2. (B) Qualified interpreter means an individual who has a valid certification of competency accepted by the division and includes oral interpreters, sign language interpreters, and intermediary interpreters.
5. (5) Repealed.
6. (6) The division shall establish and maintain outreach and consulting services to improve and ensure effective access to auxiliary services by critical state and local government agencies, private agencies, and other entities. The division shall also use these services to increase awareness of the programs that the division funds and administers for the public.

7. (7) The division's outreach and consulting services include the following duties:

   1. (a) Provide resources to deaf, hard-of-hearing, and deafblind individuals who have encountered barriers to obtaining necessary services;
   2. (b) Assist deaf, hard-of-hearing, and deafblind individuals in understanding and accessing services that may be available to them;
   3. (c) Consult with state and local government agencies and private entities so that they are equipped to provide direct services or services with accommodations to deaf, hard-of-hearing, and deafblind individuals;
   4. (d) Increase public awareness of the needs and issues facing deaf, hard-of-hearing, and deafblind individuals; and
   5. (e) Develop and maintain a comprehensive resource directory of services and other programs that may be of use to deaf, hard-of-hearing, and deafblind individuals and to agencies that serve them.

8. (8) The division shall maintain a community access program for one-on-one system navigating services to ensure resources are available to deaf, hard-of-hearing, and deafblind individuals and to protect each individual's right to effective communication and access to environmental information. The community access program must include the following:

   1. (a) Support service providers for deafblind individuals;
   2. (b) Orientation and mobility specialists for deafblind individuals; and
   3. (c) Peer system navigation for deaf, hard-of-hearing, and deafblind individuals who encounter barriers accessing programs, activities, or services.

   4. (8.5) Community intervener program. (a) The division shall establish a family and community intervener program. The family and community intervener program shall work with children and adults who are deafblind with additional cognitive disabilities to facilitate critical connections between the individual and the individual's family, community, and environment. The family and community intervener program must include access to a family and community intervener with specific training in deafblindness, strategies to build language and communication skills, and intervention strategies. The intervener shall:

      1. (I) Work one-on-one with an individual who is deafblind in order to facilitate critical connections between the individual and their community, family, and environment;
      2. (II) Open channels of communication between the individuals and others through an individualized and multimodal approach;
      3. (III) Develop and maintain a trusting, interactive relationship with the individual that promotes social and emotional well-being; and
      4. (IV) Provide the individual with opportunities for learning and development in the community and at home.

      5. (b) The division shall hire a family and community intervener program manager to direct services for children and adults who are deafblind with additional cognitive disabilities, physical disabilities, or both and ensure that an intervener:

         1. (I) Provides individualized services, working with no more than one individual at a given time;
         2. (II) Instructs and supports the individual in skills related to community involvement;
         3. (III) Provides communication and information to the individual concerning the individual's environment that otherwise would be available through vision and hearing; and
         4. (IV) Forms a working alliance with the deafblind individual's family members, neighbors, community organizations, and professionals with whom the individual has contact.
      6. (c) The intervener program manager shall annually assess the effectiveness of intervener services for each individual. In addition, the intervener program manager shall, as appropriate, collaborate with other entities that provide related services.

9. (9)

   1. (a) The division shall arrange for the provision of auxiliary services in rural areas of the state by performing the following functions:

      1. (I) Coordinating on a statewide basis the day-to-day scheduling for auxiliary services to be provided in rural areas;
      2. (II) Creating and managing a process for the intake and fulfillment of requests for auxiliary services in rural areas, including the identification, coordination, and appointment of auxiliary services providers to meet the needs of all parties involved in the proceeding, event, or circumstance for which a request is made;
      3. (III) Creating and managing efficient and consistent processes through which an auxiliary services provider may submit required documentation and receive payment for auxiliary services provided;
      4. (IV) To resolve any issues that arise with regard to auxiliary services, communicating with auxiliary services users, auxiliary services providers, and appointing authorities, as defined in section 13-90-202 (1), in the rural areas in which auxiliary services are requested or are being provided pursuant to this subsection (9);
      5. (V) Providing training opportunities for potential auxiliary services providers who are willing to accept assignments in rural areas;
      6. (VI) Awarding scholarships for potential auxiliary services providers' education, internships, and certification testing for qualified programs;
      7. (VII) Conducting outreach to rural users in need of auxiliary services and auxiliary services providers;
      8. (VIII) Establishing, monitoring, and publishing on the commission's public website a list of available CART providers and qualified interpreters, as defined in subsections (4)(g)(II)(A) and (4)(g)(II)(B) of this section, respectively, who are willing to work in rural areas for individuals who are deaf, hard of hearing, or deafblind; and
      9. (IX) Repealed.
      10. (X) Developing and implementing other strategies to increase capacity for auxiliary services in rural areas.
   2. (b) The board shall adopt rules in consultation with the division, with input from the commission and the deaf, hard-of-hearing, and deafblind community, regarding implementation of this subsection (9). The rules must define the term rural area.

   3. (c)

      1. (I) On or before November 1, 2022, and on or before November 1 of each year thereafter, the division shall submit a report to the joint budget committee summarizing the division's implementation of the program described in this subsection (9) over the previous twelve months.
      2. (II) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement set forth in subsection (9)(c)(I) of this section continues indefinitely.

Source: L. 2000: Entire article added, p. 1626, § 1, effective June 1. L. 2002: (3) added, p. 776, § 1, effective May 30. L. 2006: (4) added, p. 1090, § 10, effective May 25. L. 2009: Entire section amended, (SB 09-144), ch. 219, p. 987, § 5, effective August 5. L. 2015: (1), (2), (6), IP(7), and (7)(c) amended, (SB 15-178), ch. 151, p. 455, § 5, effective July 1. L. 2016: (6) amended, (HB 16-1414), ch. 155, p. 487, § 8, effective September 1. L. 2018: Entire section amended, (HB 18-1108), ch. 303, p. 1840, § 16, effective August 8. L. 2019: (1)(f) added, (HB 19-1069), ch. 114, p. 487, § 2, effective August 2. L. 2021: (9) added, (SB 21-216), ch. 79, p. 305, § 2, effective April 30. L. 2023: (8.5) added, (HB 23-1067), ch. 186, p. 908, § 3, effective August 7. L. 2024: (5) repealed, (HB 24-1276), ch. 267, p. 1750, § 6, effective August 7. L. 2025: IP(1), (1)(d), IP(1)(e), (1)(e)(I), (1)(e)(II), (1)(f), (2), (3), IP(4), IP(4)(g)(II), (4)(g)(II)(B), (6), IP(7), (7)(a), (7)(b), IP(8), (8.5), IP(9)(a), (9)(a)(VIII), (9)(b), and (9)(c)(I) amended, (1)(g), (1.5), and (1.7) added, and (9)(a)(IX) repealed, (HB 25-1154), ch. 230, p. 1071, § 7, effective May 22.

Cross references: For the legislative declaration in SB 21-216, see section 1 of chapter 79, Session Laws of Colorado 2021. For the legislative declaration in HB 23-1067, see section 1 of chapter 186, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1276, see section 1 of chapter 267, Session Laws of Colorado 2024.