reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.627 - How soon will the CBCU notify the subject of a background check and me of the determination of the background check?

Current through Reg. 49, No. 28; July 12, 2024
The CBCU will notify the subject of a background check
						and the operation with a written determination of the background check as soon
						as possible, but no later than 45 days from the date the background check was
						submitted.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.629 - What are the possible determinations for the subject of a background check?

Current through Reg. 49, No. 28; July 12, 2024
There are four possible determinations regarding a
						background check:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.631 - In what situations may the CBCU place conditions or restrictions on a subject's presence at an operation?

Current through Reg. 49, No. 28; July 12, 2024
The CBCU may place conditions or restrictions on a
						subject's presence at an operation that the CBCU determines to be necessary to
						protect the health or safety of children, including in the following
						situations:
(1) While the subject's
					 out-of-state criminal history check or out-of-state child abuse or neglect
					 registry check is pending, if applicable, and the CBCU has not received
					 information that renders the subject ineligible to be present at an
					 operation;
(2) Pending the outcome
					 of a risk evaluation for an eligible criminal conviction, child abuse and
					 neglect finding, or crime for which the subject has been arrested or
					 charged;
(3) For an approved risk
					 evaluation; or
(4) For a minimum
					 standard violation that is relevant to a condition or restriction already
					 placed on a subject's presence at an operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.633 - What information will a notice letter that the CBCU sends to an operation include?

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
					 operation submits a request for a background check, the notice letter that the
					 CBCU sends to an operation regarding the subject of a background check will
					 include the following information:
(1) A
					 determination of whether the subject may be present at an operation, as defined
					 in § 745.629 of this division (relating to What are the possible
					 determinations for the subject of a background check?);
(2) Any conditions or restrictions placed on
					 the subject's presence at an operation, if applicable; and
(3) A list of each additional operation that
					 has submitted a request for a background check on the subject and when the
					 operation submitted the request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.635 - What must I do after the CBCU notifies my operation of a subject's background check determination?

Current through Reg. 49, No. 28; July 12, 2024
If the subject's determination is:
(1) Eligible, you do not need to take any
					 further action;
(2) Ineligible, you
					 must immediately remove the subject from being present at your operation and
					 confirm to the CBCU the receipt of the CBCU notice letter; or
(3) Provisionally eligible with conditions or
					 eligible with conditions, you must restrict the subject's duties in a manner
					 that follows the conditions, restrictions, or both that the CBCU has placed on
					 the subject's presence at your operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.637 - What actions may Licensing take if I do not follow the conditions or restrictions on a subject's presence at an operation?

Current through Reg. 49, No. 28; July 12, 2024
If you do not follow each of the conditions or
						restrictions that the CBCU has placed on a subject's presence at an operation
						or there is a minimum standard violation that is relevant to a condition or
						restriction already placed on the subject's presence at your operation, then
						Licensing may take any of the following actions:
(1) The CBCU may amend the conditions or
					 restrictions that the CBCU has placed on the subject's presence at your
					 operation;
(2) The CBCU may rescind
					 the approved risk evaluation decision; and
(3) Licensing may take an enforcement action
					 against you.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.639 - What information will a notice letter that the CBCU sends to the subject of a background check include?

Current through Reg. 49, No. 28; July 12, 2024
After the operation submits a request for a background
						check, the notice letter that the CBCU sends to the subject of a background
						check will include the following information, as applicable:
(1) The sources of information that were used
					 for the background check, as specified in § 745.607 of this subchapter
					 (relating to What are the different types of background checks);
(2) Whether the CBCU needs any additional
					 information to complete the background check and when the information is
					 due;
(3) Any criminal history
					 obtained on the subject;
(4) Any
					 sustained Central Registry finding listed in § 745.671 of this subchapter
					 (relating to What types of findings from the Central Registry or out-of-state
					 child abuse and neglect registries may affect a subject's ability to be present
					 at an operation?);
(5) Whether the
					 subject is eligible to request a risk evaluation and may be present at an
					 operation pending the outcome of the risk evaluation;
(6) A determination of whether the subject
					 may be present at an operation, as defined in § 745.629 of this division
					 (relating to What are the possible determinations for the subject of a
					 background check?);
(7) Any
					 conditions or restrictions placed on the subject's presence at an
					 operation;
(8) Any Central Registry
					 finding of child abuse or neglect that is not sustained, and when the CBCU has
					 determined the presence of the subject at an operation:
(A) Does not pose an immediate threat or
					 danger to the health or safety of children, the notification letter will also
					 state:
(i) That the subject is provisionally
					 eligible with conditions to be present at the operation;
(ii) That the subject may request a hearing
					 before the State Office of Administrative Hearings (SOAH); and
(iii) Whether the subject is entitled to a
					 risk evaluation regarding the finding pending a hearing before SOAH;
					 or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.641 - How soon after I submit a request for a background check on a subject can that subject be present at an operation?

Current through Reg. 49, No. 28; July 12, 2024
You must receive notification from the CBCU that the
						subject of a background check is eligible, eligible with conditions, or
						provisionally eligible with conditions before allowing the subject to be
						present at your operation. However, pending the eligibility determination, the
						subject may be present at an operation for the sole purpose of attending
						orientation or pre-service training, as long as the subject does not have
						contact with children in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.643 - How can the subject of a background check challenge the accuracy or completeness of the information contained in the results of the background check?

Current through Reg. 49, No. 28; July 12, 2024
To challenge the accuracy or completeness of the
						information contained in the results of the background check:
(1) The subject should first work with the
					 CBCU representative that made the background check determination to provide
					 updated disposition information or additional documentation; and
(2) If the subject is unable to resolve the
					 issue in this manner, then the subject may seek resolution of the issue from
					 the agency that provided the results upon which the CBCU background check
					 determination was made.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.645 - How can the subject request that the CBCU review the background check determination?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 subject may request that the CBCU review the background check determination, if
					 the subject:
(1) Disagrees with the
					 determination; or
(2) Has new
					 information that was not available at the time of the determination.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.647 - Must the CBCU complete the background checks before Licensing issues my permit?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are
					 applying to operate a licensed child-care home, a registered child-care home,
					 or a listed family home, the CBCU must determine that all household members who
					 must have a background check under § 745.605 of this subchapter (relating
					 to For whom must I submit requests for background checks?) are eligible or
					 eligible with conditions before Licensing may issue you a permit.
(b) Except as described in subsection (a) of
					 this section, Licensing may issue a permit to an applicant after the CBCU has
					 determined that any owner who must have a background check under §
					 745.605(a)(1) of this subchapter is eligible or eligible with
					 conditions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.649 - Can a child-placing agency (CPA) verify a foster family home or approve an adoptive home prior to receiving the background check determinations?

Current through Reg. 49, No. 28; July 12, 2024
No, a CPA must receive background check determinations
						from the CBCU indicating that all household members of a foster family home or
						adoptive home who must have a background check under § 745.605 of this
						subchapter (relating to For whom must I submit requests for background checks?)
						are eligible or eligible with conditions before the CPA may verify the foster
						family home or approve the adoptive home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.651 - Am I required to indicate when the subject of a background check is no longer associated with my operation?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you must indicate that the subject of a background
						check is no longer associated with your operation by:
(1) Inactivating the subject within seven
					 days of when the subject is no longer associated with your operation;
					 and
(2) Validating your current
					 list of subjects associated with your operation:
(A) Every three months through your:
(i) Licensing account for all operations
					 except licensed child-care homes, registered child-care homes, listed family
					 homes, employer-based child care, and shelter care operations; and
(ii) Licensing account or local Licensing
					 office for employer-based child care and shelter care operations; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 3 - DETERMINATIONS REGARDING BACKGROUND CHECKS › Section 745.653 - Can I do my own criminal history background checks?

Current through Reg. 49, No. 28; July 12, 2024
Yes, but any background checks you conduct on your own
						will not replace the requirement to complete background checks through the
						CBCU. You must still complete the background check requirements in this
						subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 4 - CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS › Section 745.661 - What types of criminal convictions may affect a subject's ability to be present at an operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) A felony or
					 misdemeanor conviction under Texas law, the laws of another state, or federal
					 law may affect a subject's ability to be present at an operation. There are
					 three charts with information regarding specific crimes that may affect a
					 subject's ability to be present at an operation. Each chart specifies whether a
					 conviction permanently or temporarily bars a subject from being present at an
					 operation, whether a subject is eligible for a risk evaluation, and whether a
					 subject who is eligible for a risk evaluation may be present at an 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 4 - CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS › Section 745.663 - For the purpose of this subchapter, when do criminal convictions include deferred adjudication community supervision?

Current through Reg. 49, No. 28; July 12, 2024
For an offense that may affect a subject's ability to be
						present at an operation, deferred adjudication community supervision is a
						criminal conviction as follows:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 4 - CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS › Section 745.665 - What must I do if the subject of a background check at my operation has been arrested or charged with a crime?

Current through Reg. 49, No. 28; July 12, 2024
If you have knowledge that the subject of a background
						check at your operation has been arrested or charged with a crime, you must
						report this information to Licensing immediately. The subject may be present at
						the operation unless the CBCU notifies you that the subject is ineligible to be
						present at the operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 4 - CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS › Section 745.667 - How will the CBCU determine whether a subject who has been arrested or charged with a crime may be present at an operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) A subject who has been arrested or
					 charged with a crime may not be present at an operation if:
(1) A conviction for the arrest or charged
					 offense would:
(A) Bar the subject from being
					 present at an operation permanently or on a time-limited basis; or
(B) Prohibit the subject from being present
					 at an operation pending the outcome of a risk evaluation; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 4 - CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS › Section 745.669 - Will a subject who is registered or required to register with the Texas Sex Offender Registry, an out-of-state sex offender registry, or the National Sex Offender Registry be allowed to be present at an operation?

Current through Reg. 49, No. 28; July 12, 2024
No, a subject who is registered or required to register
						as a sex offender with the Texas Sex Offender Registry, an out-of-state sex
						offender registry, or the National Sex Offender Registry may not be present at
						an operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 4 - CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS › Section 745.671 - What types of findings from the Central Registry or out-of-state child abuse and neglect registries may affect a subject's ability to be present at an operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 chart lists the types of findings from the Central Registry and out-of-state
					 child abuse and neglect registries that may affect a subject's ability to be
					 present at an operation. The chart specifies whether a subject with a finding
					 is barred from being present at an operation or is eligible for a risk
					 evaluation, and whether a subject eligible for a risk evaluation may be present
					 at an operation pending the outcome of the risk evaluation:
Attached Graphic
(b) A subject who requires a
					 background check under this subchapter in relation to a current or prospective
					 foster or adoptive home is eligible for a risk evaluation for a sustained
					 finding of physical abuse, if:
(1) It has
					 been more than five years since the date of the physical abuse finding;
					 and
(2) The prospective foster or
					 adoptive parent is related to or has a significant longstanding relationship
					 with the foster or adoptive child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 4 - CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS › Section 745.673 - What must I do if the subject of a background check at my operation is under investigation for child abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
If you have knowledge that DFPS or a similar agency in
						another state is conducting an investigation of child abuse or neglect on the
						subject of a background check at your operation, you must report this
						information to Licensing immediately. The subject under investigation may be
						present at your operation unless the CBCU notifies you that the subject is
						ineligible to be present at the operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.681 - Who is responsible for requesting a risk evaluation?

Current through Reg. 49, No. 28; July 12, 2024
The subject of a background check must request the risk
						evaluation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.683 - When may the subject of a background check request a risk evaluation?

Current through Reg. 49, No. 28; July 12, 2024
After an operation has submitted a request for a
						background check, the subject of a background check may request a risk
						evaluation when the CBCU has provided the subject with written notice that the
						subject is eligible for a risk evaluation for a criminal conviction, child
						abuse or neglect finding, or crime for which the subject has been arrested or
						charged.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.685 - How long does the subject of a background check have to request a risk evaluation?

Current through Reg. 49, No. 28; July 12, 2024
The subject of a background check must submit a request
						for a risk evaluation within 30 calendar days from when the operation requested
						the background check. The CBCU will provide in a notice letter the due date by
						which the subject may request a risk evaluation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.687 - How does the subject of a background check request a risk evaluation?

Current through Reg. 49, No. 28; July 12, 2024
The subject of a background check must submit a completed
						risk evaluation packet to the CBCU by e-mail, regular mail, or fax to the
						specified address or fax number. The risk evaluation packet must include the
						completed risk evaluation request form and all required supporting
						documentation, as specified in § 745.689 of this division (relating to
						What must a request for a risk evaluation based on criminal history include?)
						or § 745.691 of this division (relating to What must a request for a risk
						evaluation based on a child abuse or neglect finding
						include?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.689 - What must a request for a risk evaluation based on criminal history include?

Current through Reg. 49, No. 28; July 12, 2024
The subject of a background check must include the
						following in a request for a risk evaluation based on criminal history:
(1) A completed Form 2974, Request for Risk
					 Evaluation Based on Past Criminal History or Child Abuse or Neglect
					 Findings;
(2) A copy of the police
					 report regarding the circumstances of the arrest;
(3) An official copy of the final record of
					 judicial finding or conviction (signed by a judge and file stamped);
(4) If the subject was incarcerated:
(A) A copy of local, state, or federal
					 release order;
(B) The date the
					 subject was released from incarceration; and
(C) If applicable, the terms and conditions
					 of parole;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.691 - What must a request for a risk evaluation based on a child abuse or neglect finding include?

Current through Reg. 49, No. 28; July 12, 2024
The subject of a background check must include the
						following in a request for a risk evaluation based on a child abuse or neglect
						finding:
(1) A completed Form 2974,
					 Request for Risk Evaluation Based on Past Criminal History or Child Abuse or
					 Neglect Findings;
(2) Age of the
					 subject at the time of the abuse or neglect;
(3) The amount of time that has elapsed since
					 the subject's last abuse or neglect finding;
(4) A detailed, signed statement from the
					 subject regarding the nature and seriousness of the abuse or neglect finding,
					 including:
(A) The circumstances involved in
					 the abuse or neglect incident and investigation;
(B) The extent and nature of the subject's
					 past abuse or neglect history;
(C)
					 What has changed for this subject since the time of the abuse or neglect
					 finding; and
(D) Why the subject
					 does not feel that he or she poses a risk to children in care;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.693 - Who makes the final decision on a risk evaluation?

Current through Reg. 49, No. 28; July 12, 2024
A CBCU manager or designee reviews the request for a risk
						evaluation and decides whether the subject of a background check poses a risk
						to the health or safety of children in a particular operation. The CBCU manager
						or designee must provide the subject and the operation with a written
						determination, including the final decision on a risk evaluation, within 45
						days from the date the background check was submitted.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.695 - What factors does the CBCU use when deciding whether the subject of a background check poses a risk to the health or safety of children in a particular operation?

Current through Reg. 49, No. 28; July 12, 2024
When making a risk evaluation decision, the CBCU will
						review all of the information submitted under § 745.689 or § 745.691
						of this division (relating to What must a request for a risk evaluation based
						on criminal history include? and What must a request for a risk evaluation
						based on a child abuse or neglect finding include?, respectively), consider
						whether the requestor failed to submit any information, and review any other
						relevant information. The CBCU will consider the following factors when
						assessing whether the subject poses a risk to the health or safety of
						children:
(1) The compliance history
					 and regulatory status of the operation;
(2) The subject of a background check's
					 intended or current role and responsibility at the operation;
(3) The length of time that has elapsed since
					 the criminal conviction, child abuse or neglect finding, or crime for which the
					 subject has been arrested or charged;
(4) The nature and severity of the criminal
					 conviction, child abuse or neglect finding, or crime for which the subject has
					 been arrested or charged;
(5) The
					 subject's role in the criminal conviction, child abuse or neglect finding, or
					 crime for which the subject has been arrested or charged, including the age of
					 the subject at the time of the crime or abuse or neglect;
(6) Whether there is a pattern of any type of
					 crime or abuse or neglect;
(7) Work
					 history, references, and any evidence of rehabilitative effort over the past 10
					 years, such as a copy of a certificate indicating completion of classes,
					 treatment, or support groups (either mandatory or voluntary) that the subject
					 has taken;
(8) Any federal
					 requirements regarding criminal history and child abuse and neglect findings;
					 and
(9) Any other relevant factor
					 that enhances or mitigates the risk to the health or safety of children in a
					 particular operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.697 - Does an approved risk evaluation expire?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An approved risk evaluation by the CBCU for a criminal conviction or child
					 abuse or neglect finding does not expire, unless:
(1) The subject of a background check has
					 been arrested or charged with another crime or has an additional criminal
					 conviction or child abuse or neglect finding;
(2) The subject's role at the operation,
					 including the circumstances of the subject's contact with children at the
					 operation, becomes different than when the CBCU approved the risk
					 evaluation;
(3) The subject becomes
					 employed at a different operation than when the CBCU approved the risk
					 evaluation; or
(4) The CBCU amends
					 or rescinds the risk evaluation in response to:
(A) A request for a review of the risk
					 evaluation as specified in § 745.699 of this division (relating to Can the
					 subject of a background check request that the CBCU review a risk evaluation?);
					 or
(B) An action taken in response
					 to an operation not following the conditions or restrictions on a subject's
					 presence at an operation as specified in §
													745.637
					 of this subchapter (relating to What actions may Licensing take if I do not
					 follow the conditions or restrictions on a subject's presence at an
					 operation?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING › Section 745.699 - Can the subject of a background check request that the CBCU review a risk evaluation decision?

Current through Reg. 49, No. 28; July 12, 2024
(a) The subject of
					 a background check may request the CBCU to review the risk evaluation decision,
					 including conditions or restrictions, if there is new information that was not
					 available at the time of the risk evaluation decision.
(b) The request for the CBCU to review the
					 risk evaluation decision must:
(1) Be in
					 writing;
(2) Be addressed to the
					 CBCU staff member that issued the decision;
(3) Include:
(A) The subject's name;
(B) The date the CBCU issued the risk
					 evaluation decision; and
(C) Any
					 new information that was not available at the time of the decision;
					 and
(4) Be sent by
					 e-mail, regular mail, or fax to the specified address or fax number.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 6 - DESIGNATED AND SUSTAINED PERPETRATORS OF CHILD ABUSE OR NEGLECT › Section 745.731 - Who are designated perpetrators and sustained perpetrators of child abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a) A designated
					 perpetrator is a person in the Central Registry 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).
(b) A sustained perpetrator is a person in
					 the Central Registry who has already been offered due process rights to an
					 administrative review and due process hearing, and:
(1) The person waived all of the person's due
					 process rights by not timely requesting an administrative review and due
					 process hearing or by waiving those rights in writing as specified in §
												745.8817
					 of this chapter (relating to Can I waive my right to an administrative review?)
					 and §
												745.8855
					 of this chapter (relating to Can I waive my right to a due process hearing?);
					 or
(2) The child abuse or neglect
					 finding was upheld in the due process hearing and any subsequent
					 appeals.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 7 - IMMEDIATE THREAT OR DANGER TO THE HEALTH OR SAFETY OF CHILDREN › Section 745.751 - What factors does Licensing consider when determining if a person or an operation is an immediate threat to the health or safety of children?

Current through Reg. 49, No. 28; July 12, 2024
Licensing considers the following factors when
						determining if a person, including the subject of a background check, or an
						operation is an immediate threat to the health or safety of children:
(1) The severity of the deficiency, including
					 abuse or neglect;
(2) The
					 circumstances surrounding the deficiency, including abuse or neglect;
(3) The seriousness of any injuries to
					 children;
(4) The length of time
					 since the deficiency, including abuse or neglect, occurred;
(5) Whether the deficiency has been
					 repeated;
(6) The compliance
					 history of the operation;
(7) The
					 current regulatory status of the operation;
(8) How quickly corrections to the deficiency
					 can be made;
(9) If any corrections
					 have already been made;
(10) The
					 role of the person in the abuse or neglect;
(11) The current position, role, and
					 responsibilities of the person; and
(12) The degree and immediacy of the threat
					 or danger.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter F - BACKGROUND CHECKS › Division 8 - IMMEDIATE THREAT OR DANGER TO THE HEALTH OR SAFETY OF CHILDREN › Section 745.775 - How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must meet the background check
					 requirements that are part of the administrator's licensing process in
					 Subchapter N of this chapter (relating to Administrator's Licensing).
(b) In addition to complying with the
					 criminal conviction requirements specified in §
											745.661(a)(1)
					 of this subchapter (relating to What types of criminal convictions may affect a
					 subject's ability to be present at an operation?), you are also monitored for
					 offenses related to financial crimes, including all Title 7 Offenses Against
					 Property, Title 8 Offenses Against Administration, and Title 11 Organized Crime
					 offenses in the Penal Code.
(c) You
					 may not receive or maintain an administrator's license if you:
(1) Have a criminal conviction as specified
					 in §
												745.661(a)(1)
					 of this subchapter or a child abuse or neglect finding as specified in §
					 745.671 of this subchapter (relating to What types of findings from the Central
					 Registry or out-of-state child abuse and neglect registries may affect a
					 subject's ability to be present at an operation?) that would bar you from being
					 present at an operation;
(2) Are on
					 a sex offender registry; or
(3)
					 Have a felony conviction of a financial crime, as specified in subsection (b)
					 of this section, within the past 10 years.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.901 - Who is a controlling person at a child-care operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) A controlling person of a child-care
				  operation is any:
(1) Owner of the operation
				  or member of the governing body of the operation, including, as applicable, an
				  executive, an officer, a board member, a partner, a sole proprietor and the
				  sole proprietor's spouse, or the primary caregiver at a child-care home and the
				  primary caregiver's spouse;
(2)
				  Person who manages, administrates, or directs the operation or its governing
				  body, including a day care director or a licensed administrator; or
(3) Person who either alone or in connection
				  with others has the ability to influence or direct the management,
				  expenditures, or policies of the operation. For example, a person may have
				  influence over the operation because of a personal, familial, or other
				  relationship with the governing body, manager, or other controlling person of
				  the operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.903 - When and how must an operation submit controlling-person information to Licensing?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
				  provide information about each person that is a controlling person at your
				  operation as defined in §
										745.901(a)
				  of Title 40 (relating to Who is a controlling person at a child-care
				  operation?) when you apply for your permit.
(b) After you receive a permit from us, you
				  must provide us information about someone who is a controlling person at your
				  operation within two days after a person becomes a controlling
				  person.
(c) To provide the
				  information to us, you must either:
(1) Enter
				  the information on-line through the DFPS website; or
(2) Submit a completed Controlling Person
				  Form to your local Licensing office.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.905 - When will Licensing designate someone at my child-care operation as a controlling person?

Current through Reg. 49, No. 28; July 12, 2024
(a) We will
				  designate each person who meets the definition of a controlling person in
				  §
										745.901(a)
				  of Title 40 (relating to Who is a controlling person at a child-care
				  operation?) as a controlling person at your operation when:
(1) We revoke your permit; or
(2) You voluntarily close your operation or
				  relinquish your permit after you receive notice of our intent to revoke your
				  permit or that we are revoking your permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.907 - What are the consequences of Licensing designating me as a controlling person?

Current through Reg. 49, No. 28; July 12, 2024
(a) If we
				  designate you as a controlling person:
(1) We
				  may not issue you a permit to operate a child-care operation for five years
				  after our designation is sustained; and
(2) You may not be the controlling person at
				  a child-care operation for five years after the designation is
				  sustained.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.909 - What due process rights do I have if Licensing designates me as a controlling person?

Current through Reg. 49, No. 28; July 12, 2024
(a) If we
				  designate you as a controlling person, we will offer you an administrative
				  review and due process hearing. See Subchapter M of this chapter (relating to
				  Administrative Reviews and Due Process Hearings).
(b) At our discretion, we may combine the
				  administrative review with a review regarding the revocation. The
				  administrative law judge may combine hearings that involve issues related to
				  the same decision or action.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.911 - In what other circumstances may a person not serve as a controlling person at my operation?

Current through Reg. 49, No. 28; July 12, 2024
A person may not serve as a controlling person in a
					 child-care operation if:
(1) We
				  sustained the person as a controlling person within the previous five
				  years;
(2) The person is ineligible
				  to apply for a permit because of an adverse action that was sustained during
				  the previous five years; or
(3) The
				  person was a permit holder, controlling person, or otherwise listed on the
				  application for a permit for a facility that had its permit denied, revoked,
				  suspended, or terminated by a state health and human services agency in the
				  last 10 years, as outlined in Chapter 531 of the Government Code, Subchapter W
				  (relating to Adverse Licensing, Listing, or Registration Decisions). Depending
				  upon the circumstances that led to the previous permit denial, suspension,
				  revocation, or termination and the person's relationship to that facility, we
				  may determine that this person may not serve as a controlling person for your
				  child-care operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.913 - When does Licensing check whether someone is ineligible to serve as a controlling person at my child-care operation?

Current through Reg. 49, No. 28; July 12, 2024
Licensing will check to determine whether someone is
					 ineligible to serve as a controlling person, when:
(1) You submit an application for a permit;
				  and
(2) Any time we receive
				  information that identifies someone as a controlling person.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter G - CONTROLLING PERSONS › Section 745.915 - What happens after Licensing determines that someone is ineligible to serve as a controlling person at my child-care operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) We will notify you in writing if someone
				  is ineligible to serve as a controlling person at your operation.
(b) If the person that we have prohibited
				  from serving as a controlling person believes that the results of the check are
				  inaccurate, you may contact the Licensing office that sent the notice to you to
				  discuss the accuracy of the information.
(c) Unless we determine that the notification
				  was inaccurate, this person may not serve as a controlling person at your
				  operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter H - RESIDENTIAL CHILD-CARE: DRUG TESTING AND LAW ENFORCEMENT ADMISSIONS › Division 2 - TAKING POSSESSION OF A CHILD THROUGH LAW ENFORCEMENT OR A JUVENILE PROBATION OFFICER › Section 745.4201 - May I take possession of a child from a law enforcement officer?

Current through Reg. 49, No. 28; July 12, 2024
You may take possession of a child directly from a law
						enforcement officer if you are:
(1) A
					 general residential operation licensed to provide emergency care services ;
					 or
(2) A licensed child-placing
					 agency that we have authorized to take possession of children from a law
					 enforcement officer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter H - RESIDENTIAL CHILD-CARE: DRUG TESTING AND LAW ENFORCEMENT ADMISSIONS › Division 2 - TAKING POSSESSION OF A CHILD THROUGH LAW ENFORCEMENT OR A JUVENILE PROBATION OFFICER › Section 745.4203 - How does a child-placing agency become authorized to take possession of a child from a law enforcement officer?

Current through Reg. 49, No. 28; July 12, 2024
If you are a child-placing agency, the following must
						occur before you can take possession of a child from a law enforcement
						officer:
(1) You submit to us a
					 Request to Accept Children from a Law Enforcement Officer form;
(2) We review the request to determine
					 whether you are equipped to accept these types of emergency admissions;
					 and
(3) If we authorize you to
					 accept such admissions, we add your ability to accept these admissions to the
					 conditions on your license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter H - RESIDENTIAL CHILD-CARE: DRUG TESTING AND LAW ENFORCEMENT ADMISSIONS › Division 2 - TAKING POSSESSION OF A CHILD THROUGH LAW ENFORCEMENT OR A JUVENILE PROBATION OFFICER › Section 745.4205 - What must I do when I take possession of a child from a law enforcement officer?

Current through Reg. 49, No. 28; July 12, 2024
When you take possession of a child from a law
						enforcement officer, you must:
(1)
					 With the assistance of the officer who has the child, obtain and document any
					 available information regarding:
(A) The
					 identity of the child, including name, age, date of birth, gender, race, hair
					 color, eye color, height, and address;
(B) The identity of the child's parents,
					 including names, dates of birth, addresses, and phone numbers;
(C) Individuals or relatives that the child
					 may be released to;
(D) The officer
					 that you are taking possession of the child from, including the officer's full
					 name, badge number, department the officer works for, and case number;
					 and
(E) Any other information that
					 must be included in the child's record for an emergency admission, as listed in
					 26 TAC §
												748.1271
					 of Title 40 (relating to At the time of an emergency admission, what
					 information must I document in the child's record?) or 26 TAC §
												749.1189
					 of Title 40 (relating to At the time of an emergency admission, what
					 information must I document in the child's record?);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 745 - LICENSING › Subchapter I - NON-ENFORCEMENT VOLUNTARY ACTIONS › Division 1 - OVERVIEW OF VOLUNTARY ACTIONS › Section 745.5001 - What are the different types of voluntary actions that an operation may take?

Current through Reg. 49, No. 28; July 12, 2024
(a) A voluntary
					 action under this subchapter is not an enforcement action.
(b) The following chart lists the voluntary
					 actions that are available for all operation types:
Attached Graphic