Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu
HB21-1123

CAPS Checks For Substantiated Mistreatment Of Adult

Concerning a CAPS check for substantiated cases of mistreatment of an at-risk adult.
Session:
2021 Regular Session
Subject:
Human Services
Bill Summary

Legislative Audit Committee. The bill authorizes the department of human services (state department) to disclose the results of a CAPS check without a court order to:

  • The department of regulatory agencies (DORA) for the purpose of a regulatory investigation; or
  • The court if an individual is petitioning the court for conservatorship or guardianship of an at-risk adult.

The bill requires an employer and an employee to provide, upon request of a county department of human or social services and for the purposes of an investigation into an allegation of mistreatment, access to the professional license number issued by DORA for the employee who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult.

Current law requires the state department to promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. The bill requires the state department to promulgate rules to address the process to share information on the outcome of an appeal with DORA if DORA requests information for the purpose of a regulatory investigation. Appeal information is confidential and used only for the regulatory investigation.

Beginning January 1, 2022, prior to appointing a person as a conservator or guardian of an at-risk adult, the court that receives a filing of a petition for conservatorship or guardianship shall request a CAPS check by the state department, and the state department shall provide the results of a CAPS check to the court, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.

The bill requires the state department to promulgate rules that address:

  • The process for the state department to notify DORA when a professional regulated by DORA is substantiated in a case of mistreatment of an at-risk adult; and
  • The information that will be made available to DORA for the purpose of conducting a regulatory investigation.

A person who may be appointed as a conservator or guardian of an at-risk adult who knowingly provides inaccurate information to the court for a CAPS check commits a class 1 misdemeanor.

Beginning January 1, 2022, prior to appointing a person as a conservator or guardian of an at-risk adult, the court shall request a CAPS check by the state department to determine if the person is substantiated in a case of mistreatment of an at-risk adult. Within 7 calendar days after the date of the court's request, if the person has been substantiated in a case of mistreatment of an at-risk adult, the state department shall provide the court with information concerning the mistreatment, unless the finding was expunged through a successful appeal to the state department. The state department shall disclose to the court that the person substantiated in a case of mistreatment of an at-risk adult has the right to initiate an appeal of the substantiated finding within the time frame set forth in state department rules and the date by which an appeal may be initiated. The court shall have the discretion to consider the results of the CAPS check and determine the weight of the information and its probative value. Nothing delays or precludes the court's appointment of an emergency guardian or conservator of an at-risk adult, regardless of the timing of the state department's notification of the CAPS check results.

The bill requires the state department to notify DORA within 10 calendar days after a substantiated finding of mistreatment by a professional regulated by DORA. Any information provided to DORA is confidential.

The bill requires a licensee, certificate holder, or registrant substantiated in a case of mistreatment of an at-risk adult to provide the person's professional license number to county adult protective services.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

Menu

Bill Text

COVID-19 Resources
School Finance Poverty Study RFP 2021 (submit by 10 a.m. 8/6/2021)
NORTH ENTRANCE IS CURRENTLY CLOSED.  TO ENTER THE CAPITOL, USE THE SOUTH ENTRANCE, UNDER THE STAIRS, AT 14th AVENUE AND SHERMAN STREET.