26 Tex. Admin. Code § 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?

(a) The following chart lists the types of findings from the Central Registry and out-of-state child abuse and neglect registries that may affect a subject's ability to be present at an operation. The chart specifies whether a subject with a finding is barred from being present at an operation or is eligible for a risk evaluation, and whether a subject eligible for a risk evaluation may be present at an operation pending the outcome of the risk evaluation:

Attached Graphic

(b) A subject who requires a background check under this subchapter in relation to a current or prospective foster or adoptive home is eligible for a risk evaluation for a sustained finding of physical abuse, if:

(1) It has been more than five years since the date of the physical abuse finding; and

(2) The prospective foster or adoptive parent is related to or has a significant longstanding relationship with the foster or adoptive child.

(c) This rule does not apply to a person who requires a background check under this subchapter because of the person's responsibilities as a DFPS or Licensing employee or volunteer. The person will have a background check conducted by DFPS or HHSC as part of the person's application to become an employee or volunteer.

Notes

26 Tex. Admin. Code § 745.671

Adopted by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8144, eff. 1/13/2019; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963