SB 23-040

Senate Bill 23-040, which has been signed into law and will take effect on January 1, 2024, requires staffing agencies to perform background checks (CAPS checks) for employees who will work with at-risk adults. These checks help ensure that the staff do not have a history of mistreating vulnerable individuals. The bill also allows guardians to access these reports when appealing substantiated cases of mistreatment without needing a court order. This affects staffing agencies and employers hiring through them, as well as at-risk adults who will come into contact with these employees.

Official Summary

Under current law, when an employer is going to hire a person to work in a position in which the person has contact with at-risk adults, the employer must perform a check of the system that contains substantiated claims of mistreatment against an at-risk adult (CAPS check). The bill requires a staffing agency that provides employees who will have contact with at-risk adults to perform a CAPS check and to provide the results to the employer. Under current law, disclosure of a report of mistreatment or neglect is generally only allowed with a court order. The bill clarifies a court order is not required when the report is disclosed for purposes of a guardian's appeal of a substantiated case of at-risk adult mistreatment. APPROVED by Governor March 10, 2023 EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)

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