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Code of Colorado Regulations eDocket
Details of Tracking Number
2018-00573
CCR details
| Tracking Number |
2018-00573 |
| Type of Filing |
Permanent Rule |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
502 Behavioral Health |
| CCR Number |
2 CCR 502-1 |
| CCR Title |
BEHAVIORAL HEALTH |
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Proposed rule
| Notice Filed with SOS |
10/23/2018 |
| Rule |
ProposedRuleAttach2018-00573.doc
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| Statutory Authority |
26-1-107, C.R.S. (2017)
26-1-109, C.R.S. (2017)
26-1-111, C.R.S. (2017)
19-1-307(2), C.R.S. (2017)
27-65-105, 107, 109, C.R.S. (2017)
27-65-128, C.R.S. (2017)
27-66-104, C.R.S. (2017)
27-80-108, C.R.S. (2017)
27-81-106, C.R.S. (2017)
27-82-103, C.R.S. (2017) |
| Description of Subjects/Issues |
Office of Behavioral Health (OBH) rule requires all agencies licensed or designated by OBH to complete a pre-employment background investigation which includes a child abuse registry (Trails) check. Section 19-1-307(2)(k), C.R.S. authorizes Trails checks for licensed child care operators for the purpose of screening an applicant for employment, but not Trails checks requested by other CDHS licensees. Because § 19-1-307(2), C.R.S., does not authorize the pre-employment Trails checks required in OBH rules 21.160.2 and 21.200.53, those rules are void under state law. This rule change removes the requirement that OBH-licensed and designated agencies must complete a Trails check when completing a pre-employment background investigation. |
| Purpose/Objective of Rule |
Office of Behavioral Health (OBH) rule requires all agencies licensed or designated by OBH to complete a pre-employment background investigation which includes a child abuse registry (Trails) check. Section 19-1-307(2)(k), C.R.S. authorizes Trails checks for licensed child care operators for the purpose of screening an applicant for employment, but not Trails checks requested by other CDHS licensees. Because § 19-1-307(2), C.R.S., does not authorize the pre-employment Trails checks required in OBH rules 21.160.2 and 21.200.53, those rules are void under state law. This rule change removes the requirement that OBH-licensed and designated agencies must complete a Trails check when completing a pre-employment background investigation. |
| Basis And Purpose |
BasisAndPurposeAttachment2018-00573.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2018-00573.doc
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| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
12/07/2018 |
| Hearing Time |
08:30 AM |
| Hearing Location |
1575 Sherman Street |
| Contact Name |
Ryan Templeton |
| Contact Title |
Rule Author |
| Contact Telephone |
303-866-7405 |
| Contact email |
ryan.templeton@state.co.us |
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Adopted rule
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