Colorado bill protecting disabled people from institutionalization advances
By Olivia Young
February 20, 2025 / 7:49 PM MST / CBS Colorado
Protection from institutionalization for disabled people is a right that has been federally guaranteed since a 1999 Supreme Court case. Now, Colorado disability advocates are one step closer to getting that right enshrined into state law, with a bill that passed a Colorado House of Representatives committee this week.
“People with disabilities are part of the community and they deserve to be included,” said Molly Kirkham.
Kirkham has a rare developmental disability called ACT-B.
“It affects more, not physically, but like math skills, speech, language,” Kirkham said.
After years of speaking up for her beliefs, she became a policy advocate for the Arc of Colorado.
“I always wanted to be involved in making change and making sure people are heard,” Kirkham said.
Her life looks a lot different than that of her great-aunt.
“So my great-aunt Tipi was born in Florida,” Kirkham said. “She had more severe disabilities, and back in the 1950s she was institutionalized in Sunland. So she was there for many years. Her mom finally got her out, but my great-aunt always associated Sunland as a bad thing.”
A landmark 1999 Supreme Court decision, Olmstead v. L.C., ruled that unjustified segregation of disabled people is discrimination.
“It’s what allows people, or people with disabilities to stay at home and receive care without being institutionalized,” Kirkham said.
With federal funding and legal priorities shifting, Colorado disability advocates don’t want those protections rolled back. They are hoping to pass HB 25-1017, which would require public entities to administer services in the most integrated setting possible and create a new, comprehensive community integration plan for the state.
“To me, it’s about making sure that we are seen and can be part of the community,” Kirkham said.
On Tuesday, Kirkham testified to lawmakers in favor of the bill.
“The main point of my message was about dignity and making sure people with disabilities are not hidden away,” Kirkham said.
After her testimony, the bill passed the House Health and Human Services Committee unanimously. But its cost could be an obstacle.
Disability Law Colorado estimates the bill would cost $500,000. The Department of Health Care Policy and Financing estimates the bill would cost closer to $600,000 this year, but estimates the department’s costs could increase by $4 million a year to comply with the bill’s requirements. It would be funded through the CDFC license plate funds, which will be directed to the Colorado Disability Opportunity Office.
“For me, it’s a fear, but it’s also optimism, especially after yesterday, that people are willing to stand up,” Kirkham said.
Sponsored by state Reps. Chad Clifford and Meg Froelich and state Sen. Dafna Michaelson Jenet, the bill is headed to the Appropriations Committee next. The full House and Senate will need to vote on this bill before it reaches Gov. Jared Polis’ desk. Updates can be found here.