37 Tex. Admin. Code § 344.410 - Other Criminal History
(a) Applicants for
Certification.
(1) An individual with the
following criminal history is not eligible for certification, employment, or
otherwise providing service in a position requiring certification without prior
review and approval by TJJD as provided in §
344.420 of this chapter:
(A) deferred adjudication or conviction for a
felony other than those referenced in §
344.400(a) of
this chapter or a substantially equivalent violation against the laws of
another state or the United States (as determined by TJJD) if the date of
deferred adjudication or conviction was less than 10 years prior to the date
the review is requested; or
(B)
deferred adjudication or conviction for any Class A or B misdemeanor in Texas
or a substantially equivalent violation against the laws of another state or
the United States (as determined by TJJD) if the date of deferred adjudication
or conviction was less than five years prior to the date the review is
requested.
(2)
Regardless of the date of conviction or deferred adjudication, a review is
required if an individual was incarcerated or placed on community supervision
for an offense described by paragraph (1) of this subsection and less than one
year has elapsed since the completion of any period of incarceration, community
supervision, or parole.
(3)
Regardless of the date of conviction or deferred adjudication, a review is
required if an individual has a current requirement to register as a sex
offender under Chapter 62, Texas Code of Criminal Procedure, for an offense
other than an offense described by §
344.400(a) of
this chapter.
(b) Other
Individuals Subject to Criminal Background Check.
(1) An individual with the criminal history
described in subsection (a) of this section is not eligible to begin serving or
continue serving in a position listed in §
344.300(b)(3) of
this chapter unless the juvenile board or its documented designee has granted
an exemption after considering the factors in §
344.420 of this chapter.
(2) Exemptions may be granted only on a
case-by-case basis. The justification for the exemption must be
documented.
(3) If the department
or facility receives notification of a new conviction or deferred adjudication,
the individual may not continue serving in the position unless the juvenile
board or its documented designee grants a new exemption in accordance with this
subsection. An exemption may not be granted for a conviction or deferred
adjudication described in §
344.400(a) of
this chapter.
(4) An exemption
granted under this subsection is valid for the individual only at the juvenile
probation department or facility operated by or under contract with the
juvenile board granting the exemption.
(5) The exemption is not valid if the person
moves to a position requiring certification or if the department or facility
seeks certification for the person in a position that allows for optional
certification as provided in §
344.802 of this chapter; in such
cases, prior review and approval from TJJD is required as provided by
subsection (a) of this section.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.