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Bill Detail: HB20-1302

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Title CAPS Check Program Changes
Status Governor Signed (07/10/2020)
Bill Subjects
  • Human Services
House Sponsors S. Lontine (D)
Senate Sponsors J. Danielson (D)
House Committee Public Health Care and Human Services
Senate Committee Health and Human Services
Date Introduced 02/20/2020
Description

Under current law, when an employer is going to hire a person to
work in a position in which the person has contact with at-risk adults, the
employer must perform a check of the system that contains substantiated
claims of mistreatment against an at-risk adult (CAPS check). The bill
makes various clarifying changes to the adult protection statutes related
to the CAPS check program.

The bill states that if an employer receives a CAPS check on a
person and does not hire the person at the time of receiving the check but
wants to hire the person at a subsequent time, the employer shall request
a new CAPS check prior to hiring the person. The bill requires that if the
employer is also an employee, the employer and employer's parent or
oversight agency would get the results if the employer was a substantiated
perpetrator. The bill prohibits using a CAPS check request for a person
who is not going to be an employee. The bill prohibits an employee or
volunteers from knowingly providing inaccurate information for a CAPS
check or an employer or other person or entity conducting an employee
screening on behalf of the employer from knowingly providing inaccurate
information in the request for a CAPS check.
The bill requires entities that care for at-risk adults to cooperate
with a county or district department of human or social services in
investigations into allegations of mistreatment at the entities' facilities.

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