Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 1 - DEFINITIONS › Section 745.601 - What words must I know to understand this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These words have the following meanings:
(1) CBCU--The Centralized Background Check
					 Unit is a subdivision of Licensing that conducts background checks and risk
					 evaluations.
(2) Central
					 Registry--A Texas Department of Family and Protective Services (DFPS) database
					 of persons who have been found by Licensing or an investigations division
					 within DFPS to have abused or neglected a child.
(3) Client in care--A child, young adult, or
					 adult in the care of your operation, including foster children or young adults
					 for whom your operation is receiving foster care payments, adults in care
					 through the Health and Human Services System, court-ordered placements, and
					 kinship care. A biological or adopted child is not a client in care.
(4) Criminal history--Includes arrests,
					 dispositions, and deferred adjudication community supervision. Criminal history
					 does not include expunged criminal history or non-disclosure history. It does
					 not include juvenile history, although the CBCU may determine that the subject
					 of a background check poses an immediate threat or danger to the health or
					 safety of children based on a juvenile adjudication that the CBCU receives with
					 the subject's criminal history.
(5)
					 Days--Calendar days.
(6) Designated
					 finding--A finding in the Central Registry against a person (also known as a
					 designated perpetrator) who has not exhausted the person's due process rights,
					 including an administrative review, a due process hearing, and any subsequent
					 rights of appeal. See Subchapter M of this chapter (relating to Administrative
					 Reviews and Due Process Hearings).
(7) DFPS--Texas Department of Family and
					 Protective Services.
(8) DPS--Texas
					 Department of Public Safety.
(9)
					 Direct access--Being counted in the child to caregiver ratio or having any
					 responsibility that requires contact with children in care.
(10) FBI--Federal Bureau of
					 Investigation.
(11) HHSC--Texas
					 Health and Human Services Commission.
(12) Initial background check--The first
					 background check that your operation submits for a person required to have a
					 background check, as specified in §
											745.605
					 of this subchapter (relating to For whom must I submit requests for background
					 checks?).
(13) Licensing--The Child
					 Care Regulation department of HHSC.
(14) National Sex Offender Registry--A
					 National Crime Information Center file that contains records on persons who are
					 required to register in a jurisdiction's sex offender registry.
(15) Present at an operation--A person is
					 present at an operation if the person has or may have contact with children in
					 care as follows:
(A) The person is physically
					 present at an operation while any child is in care, unless the person is
					 present for the sole purpose of attending orientation or pre-service training
					 and does not have contact with children in care;
(B) The person has responsibilities that may
					 require the person to be present at an operation while any child is in
					 care;
(C) The person resides at an
					 operation or is present at an operation on a regular or frequent basis;
					 or
(D) The person has direct access
					 to any child in care, including supervised or unsupervised direct access to any
					 child.