SB12-078, Protections for At-Risk Adults

SB 12-078

Concerning Protections for At-Risk Adults

Sen (s)Hudak, Aguilar, Jahn, Newell, Roberts, Tochtrop, White, Williams S.
Rep. Schafer S.,  Fischer, Kerr A., Kerr J., Ramirez

Staff researcher:  Amber Widgery

What the Bill Does:
This bill modifies the Human Services Code (Title 26), Protective Services for Adults at Risk of Mistreatment or Self-Neglect (Article 3.1), by adding privacy protections for at-risk adults, requiring written permission from the subject of alleged abuse or neglect, and clarifying the methodology of and circumstances surrounding investigations of allegations of abuse.  Personnel who will interact with at-risk adults are required to undergo a background check. A new section is added to the statute, creating an at-risk adult protective services task force responsible for studying, making recommendations, and reporting on issues relating to the mistreatment, self-neglect and exploitation of at-risk adults.

Colorado Context:
There is a growing concern in Colorado with elder abuse specifically. District Attorney Scott Storey for Jefferson and Gilpin Counties has even gone so far as to create an “Elder Abuse Unit” to specifically coordinate with Adult Protective Services, professionals, and local law enforcement to start raising awareness and pursue prosecution of offenders.#  Substantiated reports of abuse in CO in 2000 were 1.364 cases for ages 18-59, and 3,184 cases for ages 60 and above#

National Context:
According to a Denver Post article, Colorado is one of only four states that does not have a law requiring mandatory reporting to adult protective services for social workers, physicians and other professionals (the other states are New York, South Dakota and North Dakota)#. The current law simply says that a report should be made and “urges” professionals to report within 24 hours.

Provisions of the Billl:
Part (1), Article 3.1, Title 26 – Protective Services for At-Risk Adults – is modified to include:

• In the event of a report of exploitation, self-neglect or mistreatment, an evaluation of the individual circumstances will be conducted in the place of an immediate investigation which was previously the required procedure.
• A clause to protect the privacy of the at-risk adult’s information in the event that a joint investigation is necessary and their personal information is shared.
• A clause that requires written consent of the at-risk adult, and the availability of financial records to agencies investigating on behalf of that individual.  
• Provision for counties to require prospective employees who will interact with at-risk adults to complete a fingerprint-based criminal history records check through CBI at the expense of the prospective employee.

The bill also adds a new Part (3) that:

• Establishes an at-risk adult protective services task force which is responsible for studying, making recommendations, and reporting on issues relating to:
  • Reporting of mistreatment, self-neglect and exploitation
  • Provision of protective services
  • Strategies and resources to improve protections for at-risk adults
• Specifies that the task force will consist of 12 members from various state agencies and statewide organizations that have various experiences with the protection of at-risk adults.
• Directs the task force to serve without compensation or reimbursement, for only one year, meeting at least four times.

Fiscal Impact:  Negligible.  
The Colorado Legislative Council staff estimates that SB 12-078 will have the following fiscal impact:

• On the state level, CBI could see minimal increases in revenue due to fingerprinting and history checks. The Departments of Human Services, Law, and Public Health and Environment would have a minimal increase in workload to serve on the task force, but any cost would be minimal.
• Local government officials serving on the task force would see an increase in workload but there would be very minimal financial increase. The hiring process for prospective county employees required to be screened could be extended but the cost would be very minimal.