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?

(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

(2) The CBCU determines that the subject poses an immediate threat to the health or safety of children.

(b) If a subject has been arrested or charged with a crime, the CBCU may place conditions or restrictions on the subject's presence at an operation as the CBCU finds necessary to protect the health or safety of children:

(1) If a conviction for the arrest or charged offense would not:

(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; and

(2) The CBCU does not determine that the subject poses an immediate threat to the health or safety of children.

(c) The determination of whether the subject arrested or charged with a crime may be present at an operation and any condition or restriction placed on a subject's presence at an operation are temporary pending the final outcome of the alleged crime (i.e., charges never filed, dismissal, conviction, or acquittal). Once there is a final outcome to the alleged crime, the CBCU will determine whether the subject may be present at an operation based on criteria in §745.661 of this division (relating to What types of criminal convictions may affect a subject's ability to be present at an operation?) and other relevant rules in this subchapter.

Source Note: The provisions of this §745.667 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