Each public and governmental entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of a qualified individual with a disability.
Source: L. 2025: Entire part added, (HB 25-1017), ch. 231, p. 1094, � 2, effective August 6.
25.5-1-1104. Community-based services - cutting services by state or public entity - plan to ameliorate risk of institutionalization for qualified individuals with disabilities. (1) Each public and governmental entity shall provide community-based services to a qualified individual with a disability when:
(a) The services are appropriate, as determined by the state's treating professionals;
(b) The affected individual does not oppose receiving community-based services; and
(c) Community-based services can be reasonably accommodated, taking into account the resources available to the public or governmental entity and the needs of other qualified individuals with disabilities.
(2) If the public or governmental entity cuts services, it shall assess whether the service cuts increase the risk of institutionalization for those individuals who are receiving services. In making such budget cuts, public and governmental entities have a duty to take all reasonable steps to avoid placing qualified individuals with disabilities at risk of institutionalization.
Source: L. 2025: Entire part added, (HB 25-1017), ch. 231, p. 1095, � 2, effective August 6.