40 Tex. Admin. Code § 707.511 - On whom do we conduct criminal history records checks during the course of an investigation?

(a) As provided in Government Code § 411.114, we must obtain criminal history record information maintained by the Texas Department of Public Safety (DPS) regarding an alleged perpetrator unless the alleged perpetrator is a victim/perpetrator in the report.

(b) When necessary to complete a safety assessment, risk assessment, family assessment, or other assessment (including home studies or child care arrangements), we are entitled to obtain criminal history record information maintained by DPS regarding any of the following parties:

(1) Persons living in the residence in which the alleged victim resides;

(2) Persons providing, at the request of the child's parent, in-home care for an alleged child victim; and

(3) Persons providing, at the request of the child's parent, in-home care for a child, as long as the person provides written consent to the release and disclosure of the information.

(c) For purposes of this rule, the term "residence" means "household" as that term is defined in § 707.451(a)(8) of this subchapter (relating to What terms and definitions are used in reports, investigations, and assessments of abuse and neglect?).

(d) In addition to criminal history record information that we obtain from DPS, we may also obtain information from the Federal Bureau of Investigation and any other criminal justice agency, subject to any limitations provided by law.

Notes

40 Tex. Admin. Code § 707.511

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4781, eff. 7/15/2020