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Legislative Year: 2021 Change
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Bill Detail: HB21-1123

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Title CAPS Checks For Substantiated Mistreatment Of Adult
Status Introduced In House - Assigned to Public & Behavioral Health & Human Services (02/19/2021)
Bill Subjects
  • Human Services
House Sponsors D. Michaelson Jenet (D)
C. Larson (R)
Senate Sponsors R. Fields (D)
J. Smallwood (R)
House Committee Public and Behavioral Health & Human Services
Senate Committee
Date Introduced 02/19/2021
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 the 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 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.

Committee Reports
with Amendments
None
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (02/25/2021) (most recent)  
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