Videos highlight major issues in Co Dept of inHumane Services Adult Protective Services Rule Packet 3!

Content By Maureen Welch, Volunteer

Videography by David Owen

Rule packet 3 for the May 4 State Board approval vote, is This is last of recent rule packets from HB17-1284 to create a registry of substantiated persons of Abuse, Neglect, Exploitation of at-risk adults, including the intellectual/developmentally disabled.

4 top issues in this packet which need to be severed out before a State Board of Human Services vote are:

1. Minors as young as 10 years old could be investigated as substantiated perpetrators! The investigation information will be in system forever (even if it is not substantiated, it remains) and they could be added to the Registry of substantiated persons ("perpetrators") for abuse, neglect, exploitation and self-neglect.  This is absurd. Including minors ages 10-17 were not directive of statute per HB17-1284 and should be severed out prior to State Board approval.

2. Severity Levels- This rule packet has severity levels for substantiated persons. This is to allow "negotiation" by persons. Severity levels are not a directive in statute per HB17-1284 and should be severed out prior to State Board approval. 

3. $35 Cost and wait time of the APS background check The registry check can cost up to $35 and take up to 10 days to hear back. This is a barrier for providers to hire with rate structure and competitive job market. The amount ceiling should be lowered prior to State Board approval. 

4. The Department plans to only have the employer registration open for only one month prior to launch date of December 1, 2019. The disaster launch of HPE/DXC new medicaid payment system comes to mind with "systems crashing" and staff out for holidays. The department must have a reasonable plan to registering employers who will use the CAPS check or it will crash and will harm services for at risk adults.

Video 1 

March 28, 2018 Stakeholder Meeting- State APS confirms that under proposed rule packet 3, (up for board vote 5/4/18) minors age 11-17 can be placed on the substantiated “perpetrator” registry (blacklist), even if they have intellectual or developmental disabilities themselves! Shocking!

Video 2 

April 4 &5, 2018- Peg Rogers from State Adult Protective Services at Colorado Department of inHumane Services seems to have some memory issues around her own comments. Confidentiality is critical and yet they are seeing "a lot of violations"? And Peg seems to feel it is ok to wait to a quarterly meeting to address this BREACH of public trust?

Video 3 

March 28, 2018 Jim Tatten, J.D., raises issue the point that these rules go beyond statute. Mindy Kemp, CDHS APS,  diverts to an Assistant Attorney General opinion. "Further defining statute" is not the the role of a rule making body; it crosses the line to making law. 

Video 4

March 28, 2018- What happens if the CAPS system Crashes? An employer stakeholder expresses her concerns that January 1, 2019 launch date might be a huge crash. This raises the memories of HPE/DXC payment debacle with Medicaid payment. 

 Peg Rogers believes one month in December is sufficient for employers to log in, register and be verified prior to a January 1, 2019 live date. This seems naive, especially with holiday time of year, a brand new background check requirement that is not well known . One month when much of regular staff is on holiday,  is not sufficient. This can and will harm at risk adults if hiring is impacted due to lack of planning by CDHS APS staff.

Participate- Multiple options. Anyone can still give input!

Colorado Department of inHumane Services (CDHS) has their State board meeting

Friday May 4, 2018 State Board CDHS

Location: Colorado Department of Human Services, 1575 Sherman Street, 8th Floor, Denver, CO 80203
1. Come in person
2. Remote options to listen in webinar or phone
3. Phone Comment possible with at least 24 hours comment.  
4. Email comment anytime, to Board staff 

8:30 AM Work Session (No public Comment)

  • Competency and Restorations, Robert Werthwein
  • An Economic Analysis of Early Care in Education in Colorado, Meg Franko 

10:00 AM Rulemaking Session

  1. Attendance
  2. Call to Order
  3. Open Comments Period for items not on Agenda
  4. Board Business
  5. Rule Making Session- Comment period precedes each item on agenda.
    1. Document 1: Adult Protective Services Program Revisions (12 CCR 2518-1) 17-06-26-03
    2. Document 2: Medication Consistency in Designated Facilities (2 CCR 502-1) 17-12-20-01
    3. Document 3: Updates to Broad Based Categorical Eligibility (10 CCR 2506-1) 18-02-07-02
    4. Document 4: Big Rule Updates (10 CCR 2506-1) 18-02-07-03
    5. Document 5: Aid to the Needy Disabled State Only and Home Care Allowance Grant Increase (9 CCR 2503-5) 17-11-28-01
  6. Other Business
  7. Departmental Update

Note: Agendas may be modified at the discretion of the Board.

ShowRule Making Session Agendas & Minutes

Live Meeting Broadcasts

CDHS broadcasts all State Board meetings. Click to join the live GoToMeeting broadcast. 

Or call 866-899-4679 to listen by phone. Access Code: 758-645-967

Please be advised that the time and place for scheduled meetings is subject to change and the broadcasts will only occur when meetings are in session. A "waiting for organizer" message may appear if access to the service is attempted prior to launching of the broadcast.

Remote Testimony

The State Board meetings are broadcasted by webinar. Members of the public should call in to the listen-only line. Please note the line is unmuted during public testimony so that registered individuals may speak. 

If you wish to testify remotely, you will need to register with the State Board Administrator by 10:00 A.M. on the previous business day. Email with the following information:

1. Your name. Use the same name when logging in to testify.

2. Name of group or organization you represent.

3. Agenda item (public comment or rule number).

4. Mailing address.

5. Whether you support or oppose the rule.

6. Written summary as backup is encouraged.