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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER FBACKGROUND CHECKS
DIVISION 3CRIMINAL CONVICTIONS AND CENTRAL REGISTRY FINDINGS OF CHILD ABUSE OR NEGLECT
RULE §745.651What types of criminal convictions may affect a person's ability to be present at an operation?

(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 History Requirements;

  (2) Foster or Adoptive Placements: Criminal History Requirements; and

  (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

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