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Statute and Rule Requirements

The Colorado APS program investigates allegations of mistreatment (abuse, neglect, exploitation and harmful acts) against at-risk adults in Colorado. Investigative findings are documented in the Colorado APS data system (CAPS). Effective January 2019, certain agencies were required by law to request background checks of CAPS (“CAPS Checks”) from the CAPS Check Unit (CCU) for individuals who may be employed in or appointed to positions providing direct care to at-risk adults (Section 26-3.1-111, C.R.S.). The intent of the law is to minimize the potential for employment or appointment of persons with a history of mistreating at-risk adults in positions with access to at-risk adults. The CCU processes these statutorily required pre-employment background checks.
 
The CAPS Check requirements are outlined in statute: §26-3.1-111 C.R.S. Details on the implementation of the statute are outlined in rule: 12 CCR 2518-1, Volume 30.960.

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. These same employers may request a CAPS check for volunteers, as well.

  • Agencies licensed by the Colorado Department of Public Health and Environment (CDPHE) 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 a Program-Approved Service Agency (PASAs) or other contracted agency providing or contracting for services and supports pursuant to Article 10 of Title 25.5, C.R.S. *Effective July 1,2024, community-centered boards 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, these agencies 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.
  • 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.
     
 
It is important to note that if your agency is not on this list, you may NOT request a CAPS Check.