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?

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.

Source Note: The provisions of this §745.695 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