26 Tex. Admin. Code § 745.691 - What must a request for a risk evaluation based on a child abuse or neglect finding include?

The subject of a background check must include the following in a request for a risk evaluation based on a child abuse or neglect finding:

(1) A completed Form 2974, Request for Risk Evaluation Based on Past Criminal History or Child Abuse or Neglect Findings;

(2) Age of the subject at the time of the abuse or neglect;

(3) The amount of time that has elapsed since the subject's last abuse or neglect finding;

(4) A detailed, signed statement from the subject regarding the nature and seriousness of the abuse or neglect finding, including:

(A) The circumstances involved in the abuse or neglect incident and investigation;

(B) The extent and nature of the subject's past abuse or neglect history;

(C) What has changed for this subject since the time of the abuse or neglect finding; and

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

(5) 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 incident of abuse or neglect;

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

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

(8) 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

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

Notes

26 Tex. Admin. Code § 745.691

Adopted by Texas Register, Volume 40, Number 08, February 20, 2015, TexReg 837, eff. 3/1/2015; Adopted by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8145, eff. 1/13/2019; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963