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Code of Colorado Regulations eDocket
Details of Tracking Number
2020-00346
CCR details
| Tracking Number |
2020-00346 |
| Type of Filing |
Emergency |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2518 Adult Protective Services |
| CCR Number |
12 CCR 2518-1 |
| CCR Title |
ADULT PROTECTIVE SERVICES |
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Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
26-1-107, C.R.S. (2019); 26-3.1-108, C.R.S. (2019) |
| Purpose/Objective of Rule |
The charging documents for Adult Protective Services (APS) cases Notices of Issues (NOI), regularly need to include some level of medical information for the alleged victim because an element of these cases is to show that the victim is an at-risk adult. Additionally, the mistreatment is often-times tied to the alleged victim’s diagnosis. The requirement to include medical information about the alleged victim in the NOI is in conflict with the state's obligation to protect this information.
Presently, the state may file a motion for a protective order from the court, however, the Office of Administrative Courts (OAC) currently only allows such motions after the NOIs are already filed which releases information before protection is in place. Additionally, filing motions in all of these cases creates an undue burden on the Attorney General's office as well as the OAC which is not a good use of state resources and is inconsistent with the protection of at-risk adults. It is anticipated that this emergency rule will be adopted on a permanent basis in June 2020 through SOS #2020-00284. |
| Basis And Purpose |
BasisAndPurposeAttachment2020-00346.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2020-00346.doc
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| Comments |
CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. This rule was adopted in May 2020 on an emergency basis. Meeting information:https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services |
| 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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| Contact Name |
Marc Mackert |
| Contact Title |
Director, Administrative Review Division |
| Contact Telephone |
720.512.8814 |
| Contact email |
marc.mackert@state.co.us |
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Adopted rule
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