|(a) A felony or misdemeanor conviction under Texas
law, the laws of another state, or federal law may affect a person's
ability to be present at an operation. There are three charts with
information regarding specific crimes that may affect a person's ability
to be present at an operation. Each chart specifies whether a conviction
permanently or temporarily bars a person from being present at one
of the relevant operations while children are in care, whether a person
is eligible for a risk evaluation, and whether a person who is eligible
for a risk evaluation may be present at the operation pending the
outcome of the risk evaluation. The three charts are:
(1) Licensed or Certified Child Care Operations: Criminal
(2) Foster or Adoptive Placements: Criminal History
(3) Registered Child Care Homes and Listed Family Homes:
Criminal History Requirements.
(b) The three charts listed in subsection (a) of this
section will be reviewed and updated annually, published every January
as an "In Addition" document in the Texas
Register, and are available on the DFPS website at www.dfps.state.tx.us/Child_Care/.
(c) For any felony offense that is not specifically
enumerated in the relevant chart listed in subsection (a) of this
section, the person must have an approved risk evaluation prior to
being present at the operation if:
(1) The person was convicted within the past 10 years
for the offense; or
(2) The person is currently on parole for the offense.
(d) In addition to the criminal offenses that are specifically
enumerated in each chart listed in subsection (a) of this section
and felony offenses described in subsection (c) of this section, substantially
similar federal offenses and offenses in other states will be treated
the same as the similar Texas offense.
(e) This rule does not apply to a person who requires
a background check under this subchapter because of the person's responsibilities
as a DFPS employee or volunteer. The person's background check will
be conducted under the criteria used by DFPS and the Human Resources
Department of the Health and Human Services Commission.
|Source Note: The provisions of this §745.651 adopted to be effective December 1, 2012, 37 TexReg 9131; amended to be effective March 1, 2014, 39 TexReg 1182; amended to be effective September 1, 2014, 39 TexReg 6228