SECTION 745.633. What information will a notice letter that the CBCU sends to an operation include?

(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.

(b) If a child-placing agency submitted a request for a background check because of the subject's association with a current or prospective foster or adoptive home, the notice letter to the child-placing agency will also include:

(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) Any criminal history obtained on the subject, if applicable;

(3) 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?), if applicable;

(4) Whether the subject is eligible to request a risk evaluation, if applicable, and whether the subject may be present at your operation pending the outcome of the risk evaluation; and

(5) Any Central Registry finding of child abuse or neglect that is not sustained, if the CBCU has determined the subject is ineligible to be present at the operation. The notification letter will inform you that this subject has not exhausted the subject's due process regarding this matter and that you must immediately remove the subject from being present at the operation. The CBCU will subsequently notify you of any future determination regarding this matter that affects the subject's ability to be present at the operation.

Source Note: The provisions of this §745.633 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