SECTION 745.689. What must a request for a risk evaluation based on criminal history include?

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;

(5) If the subject was given a probated sentence (including deferred adjudication community supervision), the dates of the probation and information related to the terms and conditions of the probation, including documentation regarding whether or not the subject successfully completed the terms of probation and paid all court costs, supervision fees, and court-ordered restitution and fines. If the subject is presently on probation, a statement from the subject's probation officer regarding the status of the subject's probation;

(6) Age of the subject at the time the crime was committed;

(7) A detailed, signed statement from the subject regarding the nature and seriousness of the crime for which the subject was arrested, charged, or convicted, including:

(A) Why the subject was arrested;

(B) Where the subject was when arrested;

(C) Who else was involved in the criminal incident;

(D) Whether anyone was injured;

(E) The extent and nature of other arrests within the subject's past criminal history;

(F) What has changed for this subject since the time of the arrest; and

(G) Why the subject does not feel that he or she poses a risk to children in care;

(8) Any evidence of rehabilitative effort, such as a copy of a certificate indicating completion of classes, treatment, or support groups (either mandatory or voluntary) that relate to the criminal history;

(9) The subject's work history for the past 10 years, which must include the names of employers, dates of employment, and positions held;

(10) At least three reference letters from persons who are not related to the subject (professionals, employers, law enforcement, etc.) and who have knowledge about the subject's character and, if applicable, the subject's ability to work with children;

(11) If the risk evaluation is for a foster or adoptive placement, then:

(A) The names and dates of birth of any foster or adoptive children who have been or are expected to be placed in the home (if known);

(B) A description of the foster or adoptive parent's relationship to each child;

(C) A copy of a home assessment or home screening, if one has been completed; and

(D) A valid rationale from the child-placing agency's owner, executive director, administrator, or some other similar position of authority explaining why the subject does not pose a risk to the health or safety of children; and

(12) Any additional items requested by the CBCU Manager to assist with the risk evaluation decision.

Source Note: The provisions of this §745.689 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