SECTION 745.605. For whom must I submit requests for background checks?

(a) You must submit a request for a background check for:

(1) The owner of the operation, including:

(A) A sole proprietor;

(B) Each partner in a partnership; and

(C) A board member or an officer of a governing body who is involved in the everyday management of the operation, including participating in the development of policies that address the Licensing requirements or the everyday running of the operation, or submitting requests for background checks for the operation;

(2) Each person employed or prospectively employed at the operation, including:

(A) All directors and administrators of the operation; and

(B) Substitutes, unless you confirm that the organization providing the substitute has:

(i) Submitted a request for a background check for the substitute through the CBCU within the last five years; and

(ii) You have a copy of the background check determination that allows the substitute to be present at an operation;

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

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

(5) Each person 14 years of age or older, including a contract employee, self-employed person, or volunteer who:

(A) Is counted in the child/caregiver ratio in accordance with the relevant minimum standards, unless the person is a parent or volunteer as described in subsection (b)(2) of this section;

(B) Has unsupervised access to children in care; or

(C) Provides direct care or supervision to children in care;

(6) Each person 14 years of age or older who:

(A) Resides in the operation; or

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

(7) Each person 14 years of age or older, including a volunteer, who is regularly or frequently present at an operation or prospective adoptive home.

(b) You do not have to submit a request for a background check on:

(1) A client in care;

(2) A parent or volunteer who only supplements the child-caregiver ratio for a field trip or water activity;

(3) A professional who is licensed or is required to have a background check to meet compliance with another governmental entity's requirements, so long as:

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

(B) The professional will only be present at an operation in an official capacity; and

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

(4) Controlling persons who do not fulfill a role specified in subsection (a) of this section, such as a board member of a corporation or association that owns or governs the operation.

Source Note: The provisions of this §745.605 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963