 |
Texas Administrative Code (Last Updated: March 27,2024) |
 |
TITLE 26. HEALTH AND HUMAN SERVICES |
|
|
PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
|
|
CHAPTER 745. LICENSING |
|
|
SUBCHAPTER F. BACKGROUND CHECKS |
| DIVISION 1. DEFINITIONS |
| § 745.601. What words must I know to understand this subchapter? |
| DIVISION 2. REQUESTING BACKGROUND CHECKS |
| § 745.605. For whom must I submit requests for background checks? |
| § 745.607. What are the different types of background checks? |
| § 745.609. What types of background checks are required for persons at my operation? |
| § 745.611. Which persons at my operation require either a fingerprint-based criminal history check or a name-based Texas criminal history check? |
| § 745.613. Which persons at my operation must have an out-of-state criminal history check, an out-of-state child abuse and neglect registry check, and an out-of-state sex offender registry check? |
| § 745.615. What types of background checks are required for persons at listed family homes that only provide care to related children? |
| § 745.617. How do I submit a request for a background check? |
| § 745.619. What information must I include with a request for a background check? |
| § 745.621. When must I submit a request for an initial or renewal background check for a person? |
| § 745.623. How does the subject of a background check submit fingerprints for a fingerprint-based criminal history check? |
| § 745.625. Does the subject of a background check who has already undergone a fingerprint-based criminal history check have to submit new fingerprints? |
| DIVISION 3. DETERMINATIONS REGARDING BACKGROUND CHECKS |
| § 745.627. How soon will the CBCU notify the subject of a background check and me of the determination of the background check? |
| § 745.629. What are the possible determinations for the subject of a background check? |
| § 745.631. In what situations may the CBCU place conditions or restrictions on a subject's presence at an operation? |
| § 745.633. What information will a notice letter that the CBCU sends to an operation include? |
| § 745.635. What must I do after the CBCU notifies my operation of a subject's background check determination? |
| § 745.637. What actions may Licensing take if I do not follow the conditions or restrictions on a subject's presence at an operation? |
| § 745.639. What information will a notice letter that the CBCU sends to the subject of a background check include? |
| § 745.641. How soon after I submit a request for a background check on a subject can that subject be present at an operation? |
| § 745.643. How can the subject of a background check challenge the accuracy or completeness of the information contained in the results of the background check? |
| § 745.645. How can the subject request that the CBCU review the background check determination? |
| § 745.647. Must the CBCU complete the background checks before Licensing issues my permit? |
| § 745.649. Can a child-placing agency (CPA) verify a foster family home or approve an adoptive home prior to receiving the background check determinations? |
| § 745.651. Am I required to indicate when the subject of a background check is no longer associated with my operation? |
| § 745.653. Can I do my own criminal history background checks? |
| DIVISION 4. CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS |
| § 745.661. What types of criminal convictions may affect a subject's ability to be present at an operation? |
| § 745.663. For the purpose of this subchapter, when do criminal convictions include deferred adjudication community supervision? |
| § 745.665. What must I do if the subject of a background check at my operation has been arrested or charged with a crime? |
| § 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? |
| § 745.671. 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? |
| § 745.673. What must I do if the subject of a background check at my operation is under investigation for child abuse or neglect? |
| DIVISION 5. EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING |
| § 745.681. Who is responsible for requesting a risk evaluation? |
| § 745.683. When may the subject of a background check request a risk evaluation? |
| § 745.685. How long does the subject of a background check have to request a risk evaluation? |
| § 745.687. How does the subject of a background check request a risk evaluation? |
| § 745.689. What must a request for a risk evaluation based on criminal history include? |
| § 745.691. What must a request for a risk evaluation based on a child abuse or neglect finding include? |
| § 745.693. Who makes the final decision on a risk evaluation? |
| § 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? |
| § 745.697. Does an approved risk evaluation expire? |
| § 745.699. Can the subject of a background check request that the CBCU review a risk evaluation decision? |
| DIVISION 6. DESIGNATED AND SUSTAINED PERPETRATORS OF CHILD ABUSE OR NEGLECT |
| § 745.731. Who are designated perpetrators and sustained perpetrators of child abuse or neglect? |
| DIVISION 7. IMMEDIATE THREAT OR DANGER TO THE HEALTH OR SAFETY OF CHILDREN |
| § 745.751. What factors does Licensing consider when determining if a person or an operation is an immediate threat to the health or safety of children? |
| DIVISION 8. ADMINISTRATOR'S LICENSING |
| § 745.775. How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license? |