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Code of Colorado Regulations eDocket
Details of Tracking Number
2023-00584
CCR details
| Tracking Number |
2023-00584 |
| Type of Filing |
Permanent Rule |
| 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
| Notice Filed with SOS |
08/31/2023 |
| Rule |
ProposedRuleAttach2023-00584.doc |
| Statutory Authority |
26-1-107, C.R.S.; 26-3.1-111, C.R.S. |
| Description of Subjects/Issues |
Adult Protective Services (APS) investigates allegations of physical and sexual abuse, caretaker neglect, exploitation, and harmful acts (collectively referred to as "mistreatment") and self-neglect of at-risk adults and enters findings in the Colorado APS data system (known as “CAPS.”) Pursuant to C.R.S. 26-3.1-111,certain employers are required to request pre-employment checks of CAPS for prospective employees who will provide direct care to at-risk adults (“CAPS Checks”). The statute for the APS Program was amended through S.B. 23-040,which clarifies requirements for CAPS Checks when employers utilize staffing agencies to support their operations. The bill’s amendments clarify the roles and requirements of both employers and staffing agencies to decrease potential duplication of CAPS checks and support employers in receiving pertinent information related to their workforce and the safety of at-risk adults. The majority of the rule changes proposed in this packet are necessary to conform with this statutory change. There are also some proposed rule changes that provide technical clarity and increased alignment with existing statutory language. |
| Purpose/Objective of Rule |
Adult Protective Services (APS) investigates allegations of physical and sexual abuse, caretaker neglect, exploitation, and harmful acts (collectively referred to as "mistreatment") and self-neglect of at-risk adults and enters findings in the Colorado APS data system (known as “CAPS.”) Pursuant to C.R.S. 26-3.1-111,certain employers are required to request pre-employment checks of CAPS for prospective employees who will provide direct care to at-risk adults (“CAPS Checks”). The statute for the APS Program was amended through S.B. 23-040,which clarifies requirements for CAPS Checks when employers utilize staffing agencies to support their operations. The bill’s amendments clarify the roles and requirements of both employers and staffing agencies to decrease potential duplication of CAPS checks and support employers in receiving pertinent information related to their workforce and the safety of at-risk adults. The majority of the rule changes proposed in this packet are necessary to conform with this statutory change. There are also some proposed rule changes that provide technical clarity and increased alignment with existing statutory language. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00584.docx
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| Regulatory analysis |
RegulatoryAnalysisAttachment2023-00584.docx
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| Comments |
CDHS holds two public hearings, an initial and final, for each proposed rulepacket. The initial hearing allows the public an opportunity to submit written data,views, or arguments and to testify for or against the proposed rules. The Boarddoes not vote on the proposed rule at the initial hearing, but asks CDHS toconsider all public comment and discussion and, if needed, submit revisions to theproposed rule. The final hearing, usually the month following the initial hearing,allows the same opportunity for public comment, after which the Board votes onfinal adoption of the proposed rule. Please check here for any updates onlocation/connection: https://cdhs.colorado.gov/sbhs |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
SB23-040
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| Hearing Date |
10/06/2023 |
| Hearing Time |
08:30 AM |
| Hearing Location |
14980 E. Alameda Drive, Aurora, CO 80012 |
| Contact Name |
Stefanie Woodard |
| Contact Title |
APS Director |
| Contact Telephone |
303.866.6443 |
| Contact email |
stefanie.woodard@state.co.us |
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Adopted rule
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