<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER FBACKGROUND CHECKS
DIVISION 2REQUESTING BACKGROUND CHECKS
RULE §745.615On whom must I request background checks?

(a) You must request a name-based criminal history check and a DFPS central registry check for:

  (1) The director, owner, and operator of the operation;

  (2) Each person employed at the operation;

  (3) Each prospective employee at the operation;

  (4) Each current or prospective foster parent providing foster care through a child-placing agency;

  (5) Each prospective adoptive parent seeking to adopt through a child-placing agency;

  (6) Each person at least 14 years of age, other than a client in care, who:

    (A) Is counted in child-to-caregiver ratios in accordance with the relevant minimum standards;

    (B) Will reside in a prospective adoptive home if the adoption is through a child-placing agency;

    (C) Has unsupervised access to children in care at the operation; or

    (D) Resides in the operation;

  (7) Each person 14 years of age or older, other than a client in care, who will regularly or frequently be staying or working at an operation or prospective adoptive home while children are in care; and

  (8) Each substitute employee, unless you confirm that the organization providing the substitute employee has completed a background check for the person through DFPS within the last 24 months.

(b) In addition to any other background check required by this section, you must request fingerprint-based criminal history checks on the following:

  (1) If you are a permit holder, or applicant for a permit, for a child-placing agency, general residential operation, independent foster home, child-care center, before or after-school program, or school-age program, you must request a fingerprint-based criminal history check for each person who is required to have a name-based background check under subsection (a)(1) - (6) of this section; and

  (2) If you are a permit holder, or applicant for a permit, for any operation type, you must request a fingerprint-based criminal history check for each person whose name is submitted for a background check under subsection (a) of this section if:

    (A) The person has lived in another state any time during the five-year period prior to the date you submit an initial background check; or

    (B) The person moved out-of-state at any time between the date on which you submitted your last background check and the date your next renewal background check for that person is due; or

    (C) At the time your initial or renewal background check is due, you have reason to suspect other criminal history exists in another state.

(c) In addition to any other background check required by this section, child-placing agencies and independent foster homes that will accept the placement of children in the conservatorship of DFPS must request an out-of-state central registry check for a foster or adoptive parent applicant and any other adult living in the home of the applicant who has lived outside of the state any time during the previous five years preceding the prospective foster or adoptive parent's application to become a foster or adoptive parent.

(d) You do not have to request a background check on a professional who is licensed or is required to have a background check to meet compliance with another governmental entity's requirements if:

  (1) You do not employ or contract with the professional;

  (2) The professional will only be present at the child-care operation in an official capacity; and

  (3) For day care operations, you obtain written parental consent before allowing the professional to have unsupervised access to a child in care.


Source Note: The provisions of this §745.615 adopted to be effective March 1, 2014, 39 TexReg 1182

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar