Frequently asked questions

General

What is a CAPS Check?

A CAPS Check is a type of background check. Colorado law requires certain agencies to request a check of the Adult Protective Services (APS) data system (called CAPS) to determine if certain individuals have been substantiated in an APS investigation of mistreatment of an at-risk adult. Mistreatment could include physical abuse, sexual abuse, caretaker neglect, exploitation, or a harmful act, as defined by APS laws and regulations.

A CAPS Check does NOT replace any other requirements for background checks that apply to your agency. The information provided in a CAPS Check pertains only to APS investigations, which are not criminal proceedings. CAPS Checks do not provide criminal background information.

When is a CAPS Check required?

The CAPS Check requirement began in January 2019 for employers. In January 2022, CAPS Checks requirements began for courts when appointing individuals to guardianship or conservatorship roles.

Requirements for Employers

Certain employers must request a CAPS Check before hiring new employees who will provide “direct care” to at-risk adults (as defined in the Statute and Rule Requirements governing this process). Employers are responsible for determining whether a position will provide “direct care”.
While employers must complete checks for applicable positions hired on or after January 1, 2019; the law allows employers to request a CAPS Check for employees who were hired prior to Jan.1, 2019 if desired.
The law also allows employers to complete CAPS Checks for volunteer positions filled before or after the implementation date.
Employers have discretion on how to consider the results of the CAPS Check in hiring decisions. Please see the CAPS Check results accordion folder below, titled Do employers and courts have to wait for CAPS Check results?

Requirements for Courts

A court receiving a filing of a petition for conservatorship or guardianship shall request a CAPS Check prior to appointing a person as a conservator or guardian of an at-risk adult.
Courts are responsible for completing CAPS Checks; petitioners are not authorized to do so.
Courts have discretion on how to consider the results of the CAPS Check and how to apply them for emergency situations. Please see the CAPS Check results accordion folder below, titled Do employers and courts have to wait for CAPS Check results?

Is my agency required to complete CAPS Checks?

CAPS Checks are required for certain types of employers and other agencies providing support to at-risk adults.

Employers

Pursuant to C.R.S. 26-3.1-111, the following employers shall request a CAPS Check before hiring employees or contractors who will provide “direct care” to at-risk adults:

Agencies licensed by the Colorado Department of Public Health and Environment under Title 25 are required to register with the CAPS Check Unit and request CAPS Checks. These include any licensed health facility (Section 25-1.5-103, C.R.S.), including those wholly owned and operated by any governmental unit and community integrated health care service agencies, as defined in Section 25-3.5-1301 (1), C.R.S. More specifically, these agencies include:
- Acute Treatment Units
- Ambulatory Surgical Centers
- Assisted Living Residences
- Birth Centers
- Community Mental Health Centers
- Community Clinics
- Convalescent Centers
- End Stage Renal Disease Facilities
- HCBS Adult Day Programs
- HCBS Service Agencies
- Home Care Agencies
- Home Care Placement Agencies
- Home Health Agencies
- Hospice Agencies
- Hospitals
- Intermediate Care Facilities for Intellectually and Developmentally Disabled
- Nursing Homes
- Residential Treatment Agencies
Adult day care facilities as defined by Section 25.5-6-303 (1), C.R.S.
Community-Centered Boards (CCBs) or Program-Approved Service Agencies (PASAs) or other contracted agencies providing or contracting for services and supports pursuant to Article 10 of Title 25.5, C.R.S. *Effective July 1,2024, CCBs shall be referred to as case management agencies pursuant to Section 25.5-6-1702 (2), and shall remain subject to the CAPS Check requirements.
Single Entry Point (SEP) agencies, as described in Section 25.5-6-106, C.R.S. *Effective July 1,2024, SEPs shall be referred to as case management agencies pursuant to Section 25.5-6-1702 (2), and shall remain subject to the CAPS Check requirements
Area Agencies on Aging (AAAs), as defined in Section 26-11-201 (2), C.R.S., and any agencies or providers an Area Agency on Aging contracts with to provide services
Colorado Department of Human Services entities:
- Mental Health Institute (MHI) (Article 65, Title 27, C.R.S.)
- Regional Center (RC) (Article 10.5, Title 27, C.R.S.)
- Veterans Community Living Center (VCLC) (Article 12, Title 26, C.R.S.)
Office of Public Guardianship (Section 13-94-105(6), C.R.S.)

Other Agencies:

A person hiring a care provider through the Consumer-Directed Attendant Support Services (CDASS) program is allowed to request a CAPS Check, but is not required to do so.
A staffing agency, as defined in Section 26-3.1-111 (2)(c), C.R.S., who provides or assigns workers to any of the other employers included on the list above, must complete CAPS Checks for the individuals they are placing with the employer, and share the results with the involved employer.
Third-party background screening agencies who work with any of the employers on the list above, may complete background checks on behalf of those employers.
A Colorado court receiving a filing of a petition for conservatorship or guardianship shall request a CAPS Check prior to appointing a person as a conservator or guardian of an at-risk adult.

My agency provides staffing resources to one of the employers required to complete CAPS Checks. What are our responsibilities for CAPS Checks?

Pursuant to S.B. 23-040, effective January 2024, any entity providing or assigning staffing resources to employers who are required to complete CAPS Checks (“staffing agency”) is authorized to request CAPS Checks and holds the responsibility of obtaining the CAPS Check on the individual being considered for placement with the employer.

Staffing agencies are also required to provide the employer with a copy of the official CAPS Check results (or any flagged check results) within five business days after receipt of the information.

*For the purpose of the CAPS Check process, the law defines “staffing agency” as follows: “An individual or organization, including any partnership, limited liability partnership, limited liability company, limited liability limited partnership, association, trust, joint stock company, insurance company, or corporation, whether domestic or foreign, engaged in the business of providing and assigning workers to placements with employers described in Subsection 7 [of 26-3.1-111, C.R.S.]. “Staffing agency” includes, but is not limited to, supplemental health-care staffing agencies defined in Section 8-4-125 (1)(e), C.R.S.”

Where can I learn about the law and regulations regarding the CAPS Check Unit?: The CAPS Check laws and regulatory requirements are discussed on our “Statute and Rule Requirements” page.

Employer registration

How do I register my agency to complete CAPS Checks?

Click on the Employer Registration link from the main menu to register. Step-by-step instructions with illustrations are available in the Registration User Guide.
The CAPS Check registration form will time out if you are not actively completing the information screens. Please ensure you have gathered all the information necessary before you start the process. Incomplete requests will be closed and you will need to start the registration again.

You will need to gather the following information:

Name of agency/facility
Agency type (based on employers listed in the statute)
Contact information, including address, email and phone
Agency license number (from CDPHE, if applicable)
Vendor name and contact information if your company uses a third-party vendor to complete background checks.

What if my agency has multiple locations? Do we need to register each location separately?

You are not required to establish a unique employer registration for each location. The following recommendations can guide your decision:

If your parent agency has multiple associated locations and/or types of entities that use different payment sources and/or different Human Resources units you may want to register each of those locations/entities separately.
If your company has multiple locations/entities and cannot or does not internally separate the various budget/accounting lines from a co-mingled ACH or credit card charge, you should register separately for each of those locations/entities.
If your company uses the same human resources unit for all hiring within the parent company AND you are billing to the same accounting code or can resolve a co-mingled ACH or credit card charge internally, you should register locations under one registration.

If you register multiple locations/entities separately, be certain that the Employer Name is a unique name. For example, Home Health – Boulder and Home Health – Westminster.

Step-by-step instructions with illustrations are available in the Registration User Guide.

May we use a third-party background screening company for a CAPS Check?: Yes. Employers must still register in the CAPS Check system even if they are using a background screening service. The CAPS Check ID obtained by the agency upon approval of their registration must be provided by the employer to the third party agency. Third-party background screeners must establish Requestor Accounts and use the employer's CAPS Check ID when requesting checks on behalf of the employer.

May an out-of-state placement service register?: If your agency is located out of state but hired for or provides employees to positions in Colorado within one of the agencies required to complete CAPS Checks, you may register with the CAPS Check Unit and request checks for those prospective employees. You may only request checks for those employees who will be placed in Colorado. Register here.

I am a consumer and want to hire a home health or home care provider. Can I order a CAPS Check?

Persons who receive services through the Consumer Directed Attendant Support Services (CDASS) program may request a CAPS Check. The individual must register as an employer prior to requesting a CAPS Check.

If you are a consumer hiring a provider and are not receiving CDASS supports, you may NOT request a CAPS Check.

Our agency information has changed. How do we update our registration records with the CCU?: Employers are responsible for updating agency information within their employer registration record when it changes. The process is very similar to creating a new registration. Navigate to the CCU homepage and select Agency Registration to submit your changes. From the registration page, select "Update a Current Registration" to get started. Step-by-step instructions with illustrations are available in the Registration User Guide .

Requestor accounts

What is the difference between a Requestor Account and an Employer Registration?

An Employer Registration is the method the CCU uses to ensure each agency requesting CAPS Checks is authorized under the law to do so. There is only one registration provided to each agency. When a registration is approved, the agency is assigned a CAPS Check ID # (e.g. ABC-1234567890).

Requestor Accounts provide access to the CAPS Check Community. Each staff member who will request CAPS Checks on behalf of an agency must obtain a Requestor Account to access the Community. In the Community, requestors can submit new CAPS Check requests, see important messages from the CCU, check on the status of pending CAPS Check requests, and finish any requests in progress. The Community Home Page Quick Reference provides additional information.

How do I create a Requestor Account?

Navigate to the CAPS Check Unit homepage.
Select "Request a CAPS Check" from the blue menu bar.
Enter your agency's CAPS Check ID (XXX-##########) and click validate (type this number directly into the field, do not copy and paste).
You will be taken to the User Login page.
Click the "Sign Up" link in the bottom right-hand corner of log-in box and enter your information.
Once you have submitted your information, the requestor account is ready to use and you will be taken to the CAPS Check Request form.

For future logins, your email will be your user ID and the password will be the password you set up when you completed this process.

Step-by-step instructions with illustrations are available in the "Establish a Requestor Account" User Guide.

We are an agency with multiple requestors. Can we share one requestor account?

No. Pursuant to 12 CCR 2518-1, Section 30.960.F, the CCU requires each requestor to have their own individual requestor account. This ensures all requestors have agreed to and abide by the security and confidentiality agreements required for individual users of the CAPS Check Request system. Additionally, authorized requestors shall not share username or password information with others, even if the individual is also an authorized requestor. Each authorized requestor must have their own username and password. Violations of security and confidentiality requirements may result in loss of access to the system, at the discretion of the state department.

To ensure expedient processing of CAPS Checks, employers with multiple authorized requestors may choose to set up a shared email box where individual requestors can designate CAPS Check results to be sent. This will allow multiple staff members to process the results as needed; but allow for the procedural security needed in the CAPS Check process.

A requestor from our agency no longer works with us. Can their replacement take over their requestor account?: No. Requestor accounts cannot be shared or transferred due to the need for each requestor to sign the required security and confidentiality agreements. When a requestor no longer works for your agency or will no longer be requesting CAPS Checks for your agency, the account must be deactivated. Replacement staff must create their own Requestor accounts.

How do I deactivate a requestor account?: If you need to deactivate your requestor account or a requestor account for someone at your agency, please email the CCU at cdhs_ccu@state.co.us and include the email address that needs to be deactivated.

Written Authorization Form (WAF)

Who needs to complete this form?: CAPS Checks may only be completed following the documented authorization of the involved individual. Each individual who will be checked must complete and sign the Written Authorization Form. Agencies use the information in this form to request the CAPS Check. Employers cannot complete the WAF on behalf of the individual.

What does my agency do with the completed Written Authorization Form?: At the time of submitting a CAPS Check request, the agency requestor must attest to having a copy of the Written Authorization form. The agency should retain a copy of this form, as the CCU may require the form be provided in order to complete the check.

CAPS Check requests

How do I request a CAPS Check?

To request a CAPS Check, you will log into the CAPS community and enter the information from the individual's completed Written Authorization form.

DO NOT use the agency's address, phone number or email in place of the individual's information.

Step-by-step instructions are available here.

How often do I need to request CAPS Checks on my employees to remain compliant with the law?

There is no requirement for recurring/annual CAPS Checks, because the CCU provides automatic updates to employers on future substantiations. These ongoing updates are called “Flagged Checks” and they are communicated to employers if there has been a previous CAPS Check submitted for an individual currently working for the agency.

However, in some circumstances, agencies may need to request a new CAPS Check on an individual they have previously checked. These situations are as follows:

If more than thirty (30) days have elapsed between an employer's request for a CAPS Check for a potential employee or volunteer, and the employer's decision to initiate hiring, the employer must request a new CAPS Check prior to hiring the employee or volunteer.
If an employee or volunteer leaves employment but is considered for rehire after more than thirty (30) days have elapsed since leaving employment, the employer must request a new CAPS Check prior to rehire.

What is a Flagged Check?: All individuals checked through the CAPS Check process will be “flagged” to identify any future substantiated mistreatment, that is, the individual's information remains on file in the system. In the event that an individual is substantiated of mistreatment after the initial CAPS Check request, the CCU will contact your agency to determine if the newly substantiated individual is currently working with your agency. If so, a “match” notification letter will be sent to you to alert you to the new substantiation.

May I submit information for multiple individuals on the same request?: Yes, you may enter information for checks of multiple people on the same request. To ensure your data is not lost, please limit the number of individuals to 25 per single request. The number of individuals will be totaled and multiplied by the current fee so you are billed the correct amount.

CAPS Check results

How long does it take to receive CAPS Check results?

CAPS Checks are processed on a first-in-first-out basis and the results will be returned to the email address listed by the requestor within five (5) business days. The CAPS Check Unit is closed on weekends and on all holidays granted to State employees.

The community page will indicate when the request(s) you submitted is complete. If the homepage shows the request is completed, but you haven't received the results, double-check the Spam/Junk folder in your email. If the results are not found in your Spam/Junk email folder, please email at cdhs_ccu@state.co.us so we can assist with troubleshooting delivery issues or resend the results, if needed.

Please keep in mind that if you use a third-party screening agency to conduct your checks, or if you are working with a staffing agency who is responsible for conducting the check, the time it takes to receive a CAPS Check result will be increased by the processing time that agency requires. Staffing agencies are required by law to provide the results of CAPS Checks to employers within 5 business days of receipt from the CCU. Third-party screeners do not have a legally-mandated timeline for submission to employers. The CCU is not responsible for delays in receipt caused by interagency communication. Employers are not prohibited from requesting CAPS Checks on their own if they are unable to obtain the results from their third-party screener or staffing agency partners; however, the employer will be responsible for costs incurred for new CAPS Checks.

What will my agency receive?

Your agency will receive one of the following results:

No match

If the individual has not been substantiated of mistreating an at-risk adult, you will receive an email indicating the individual has not been substantiated as a perpetrator in an Adult Protective Services (APS) case.

Match

If the individual has been substantiated as a perpetrator in an APS case, you will receive a letter via email that identifies the date of the finding, the name of the county department that investigated the allegations, the mistreatment type (physical abuse, sexual abuse, caretaker neglect, exploitation, or harmful act) and the severity level of the mistreatment (minor, moderate or severe). The letter will also contain information to help you in evaluating the information, specifically: how the employee can appeal the finding (if they have not already done so), information on APS investigations and definitions of mistreatment types, severity levels and preponderance of evidence.

*Note: if you are working with a third-party screening agency or a staffing agency who will request the CAPS Check for the employee you are hiring, you will not receive the information from the CCU; rather, the partner agency will need to provide it to you.

Do employers and courts have to wait for CAPS Check results before hiring a new employee, or appointing a guardian or conservator?

The law requires that CAPS Check are requested before hiring or appointing individuals. The intent of the law is to ensure employers and other authorized agencies receive information to make informed decisions related to hiring and appointment of individuals supporting at-risk adults.

However, in acknowledgment of the challenges often faced in hiring and appointment of these crucial support positions, the law states that neither employers nor the courts are prohibited from making hiring or appointment decisions prior to receipt of the CAPS Check results.

The CCU recommends agencies consider developing policies to standardize their practices and identify methods to mitigate potential risks in the event they wish to hire an individual prior to receipt of their CAPS Check results.

May I hire an employee that has a substantiated finding on their CAPS Check results?

The law does not prohibit agencies from hiring or appointing someone with a substantiated finding. Pursuant to the statute, the Department of Human Services does not determine whether a finding shall disqualify an individual from hiring or appointment. Employers are responsible for determining whether the results of a CAPS Check shall impact eligibility for hire or ongoing employment. Similarly, courts have discretion to consider the results of a CAPS Check and determine the weight of the information and its probative value related to an appointment of guardianship or conservatorship.

The CCU recommends agencies consider the intent of the law as it relates to the welfare of at-risk adults when considering CAPS Check results. Pursuant to the law, these determinations shall be made on the basis of any internal processes set by the agency and/or guidance or regulations set forth by the employer's oversight agency, as applicable.

Are CAPS Check results encrypted?

Due to the sensitivity of the information being provided, the results are encrypted when they are emailed to a requestor and must be accessed through the secure server of our encryption provider (Proofpoint).

The first time you receive a CAPS Check result message from us, you will be taken to the registration screen for the encryption service and you will need to create a login for accessing the message and any future messages sent encrypted form the CCU. If you have questions about the results account use this guide.

Please note: The Proofpoint encryption login is NOT the same thing as the Requestor Account account that is used for the CAPS Check community.

Do encrypted results expire?

Encrypted results expire, and therefore must be collected by the requestor from the Proofpoint service within 14 days.

Once expired, the results cannot be retrieved from the server, so we strongly urge you to download and save the results and securely store the results in accordance with any applicable internal policies and state/federal regulations.

If you neglect to access the results before they expire, you may email the CAPS Check Unit at cdhs_ccu@state.co.us and request duplicate results be sent. Pursuant to CCU regulations, in the event of significant, repeated requests for duplicate results, additional costs may be incurred.

I have not received the results of my request and it has been more than 5 business days. How can I obtain the results?

If you have not received the results of a CAPS Check within 5 business days, there are multiple potential causes. The most common causes are listed below, with guidance for how to resolve the issue:

Possible cause: The requestor entered the results email address incorrectly, leading to the results not being received.

Resolution: Review the email address for results entered in the original CAPS Check request. Is the email address entered correctly, and do you have access to it? If the email address was a typo, please notify the CCU; as confidential information may have been sent to someone who is not authorized to receive it. If the email address is entered correctly but belongs to another person at your agency and you cannot access it, please notify our team so we may re-send the results. Agencies are encouraged to ensure the results emails are available to the personnel who will be managing results.

Possible Cause: Your agency works with a staffing agency or 3rd-party screening agency who has not provided the results to you yet.

Resolution: Contact your third-party screening vendor or the staffing agency who completed the CAPS Check to confirm when they submitted the request and whether the results have been received. It is common to experience a delay in these situations.

Possible Cause: Your agency has multiple staff members retrieving results from a shared mailbox.

Resolution: Verify within your agency that the results were not already processed by another staff member.

If the common causes above do not apply to your situation, you may email the CAPS Check Unit at cdhs_ccu@state.co.us and request duplicate results be sent. Pursuant to CCU regulations, in the event of significant, repeated requests for duplicate results, additional costs may be incurred.

I need to request the CCU send duplicate results to my agency. Will I be required to pay the fee again?

Pursuant to CCU Regulations, if an authorized requestor requests the results of a previously completed CAPS Check to be re-sent, the following process will apply:

If the request is submitted to the state department within 180 days of the
completion of the original CAPS Check, the CAPS Check results will be re-sent to the authorized requestor at no additional cost.
If the request is submitted to the state department more than 180 days after initial completion, a new CAPS Check request may need to be submitted by the authorized requestor, and fees bay be incurred for each request, based on the circumstances of the request and the discretion of the state department.

Technical help

What browser should I use?

Please use Chrome, Firefox or Safari.

Edge/Internet Explorer is not compatible with the CAPS Check Community and causes errors.

What if I am unable to complete the registration request when started?: The CAPS Check registration form will time out if you are not actively completing the information screens. Please ensure you have gathered all the information necessary before you start the process. Incomplete requests will be closed and you will need to start the registration again.

I am having trouble logging in to my requestor account. How can I get my password reset?: To reset your requestor account password, first try the "forgot your password" link on the sign-in page. Please note that if the "forgot password" function is used in rapid succession this can hinder your ability to reset the password. If you are still unable to reset your password, please contact the CCU email, cdhs_ccu@state.co.us, with the email associated with your requestor account so we can assist you.
Note: The CCU will never ask you for your password. You should never share your password with anyone.

What if I prefer to submit my registration or CAPS Check requests via U.S. Postal Service?

The CAPS Check Unit (CCU) can accept registrations and CAPS Check requests and payments through the US mail rather than through the CAPS Check online community, However, the CCU works remotely and because mail requests are extremely rare, staff only check for mail weekly. Delays to your registration, CAPS Check request, and results are probable using this alternative method for requesting CAPS Checks. If you still wish to use the U.S. mail, you can find the necessary forms here:

Payment in full via check or bank warrant must be included with requests. If any of the forms are incomplete or payment is not included or not for the correct amount, your paperwork will be returned to you via U.S. mail and you will need to resubmit your request.

Are there user guides to help me with CAPS Checks?

Yes. Here are links to user guides that provide step-by-step instructions:

Payment

How much does a CAPS Check cost?

The cost for a CAPS Check is $9.00 plus the cost of the online processing fee (the latter is not controlled by our department).

Per the Colorado Code of Regulations, 12 CCR 2518-1, Volume 30.960.J, the fee for the CAPS Check may be adjusted with 30 days' notice, provided via this website; however, the fee shall not exceed $16.50 without the approval of the State Board of Human Services.

How do I pay for a CAPS Check?

There are three payment options for CAPS Checks, which are presented at the end of the request process:

Credit Card – Visa, MasterCard, Discover and American Express are accepted.
Transfer funds electronically from your bank account via ACH/EFT payment.
Gov2Go Pay – Use this third-party payment system that allows you to store your payment information for future use. This is particularly helpful if your agency has more than one person requesting CAPS Checks.

Who do I contact if I am having payment issues?

Gov2GoPay/Colorado Interactive

303.534.3468 extension 0

How do I get a payment summary for a request?: You can retrieve your payment summaries by logging into the CAPS Submission portion of our site. After logging in navigate to the section marked "Requests Paid" on the Community Home page. Then click on the desired CAPS Check Requests and select the "Transaction Record" to obtain the payment summary.