46-459. Adult protective services registry

A. The department of economic security shall maintain a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults made pursuant to section 46-458. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.

B. The registry shall contain the name and date of birth of the person determined to have abused, neglected or exploited a vulnerable adult, the nature of the allegation made and the date and description of the disposition of the allegation. The names of the vulnerable adult and reporting source shall not be reported to the registry.

C. The department shall maintain a report in the registry for twenty-five years after the date of entry.

D. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsection C of this section.

E. Any person who was the subject of an adult protective services investigation may request confirmation that the department has purged information about the person pursuant to subsection D of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.

F. Information maintained pursuant to subsection B of this section shall be made available to the public on written request and online. The department may charge a fee for processing written requests.

G. The department shall conduct an adult protective services registry background check for any person who is employed or seeking employment in a position that provides direct services to children or vulnerable adults in any of the following:

1. A community residential setting as defined in section 36-551.

2. An intermediate care facility for individuals with intellectual disabilities as defined in section 36-551.

3. Home and community based services pursuant to title 36, chapter 29, article 2.

4. Day care for persons who have developmental disabilities pursuant to title 36, chapter 29, article 2.

H. The department may conduct an adult protective services registry background check for any person who is employed or seeking employment with the department or one of the department's contractors in a position that provides direct services to children or vulnerable adults.

I. The department shall use the information contained in the adult protective services registry to determine the following:

1. Whether the person is qualified for home and community based services certification for services provided to vulnerable adults or children.

2. Whether the person who is employed or seeking employment with the department of economic security is qualified for a position that provides direct services to vulnerable adults or children.

3. Qualifications for positions that provide direct services to vulnerable adults or children for any of the following:

(a) A person who applies for a contract with the department and that person's employees.

(b) All employees of a contractor.

(c) A subcontractor of a contractor and the subcontractor's employees.

(d) Prospective employees of a contractor or subcontractor at the request of the prospective employer.

J. Before being employed in a position that provides direct services to vulnerable adults or children, prospective employees shall certify under penalty of perjury on a form prescribed by the department whether an allegation of vulnerable adult abuse, neglect or exploitation has been made against the person and was substantiated.