If any member of the potential kinship caregiver’s household has a criminal history, the caseworker must determine the type of criminal history and its effect on kinship placement, using the table in Appendix 4525: Offenses From the Texas Penal Code, Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes.

Convictions

Convictions have the following impact on the approval of a potential kinship caregiver’s home:

 •  absolute bars, unless the regional director grants an exception following a Kinship Safety Evaluation;

 •  five year bars, unless the regional director grants an exception following a Kinship Safety Evaluation;

 •  other offenses that may preclude placement, unless the program director grants approval following a Kinship Safety Evaluation;

     It is important to distinguish the consequences of criminal history in a kinship placement from the consequences in a potential foster or adoptive home. Even though a kinship home is approved following a Kinship Safety Evaluation, if the home applies to become verified to foster or approved to adopt, Residential Child Care Licensing may reach a different conclusion about the safety of the home.

 •  the caseworker and supervisor must consider other criminal convictions not listed in Chart 2 in relation to a potential kinship caregiver’s ability to provide a safe home for the child.

History Other Than Convictions

A deferred adjudication of an indictment or a complaint for an offense that would constitute a permanent or temporary bar or other offenses, as described above, may prohibit placement, depending on the offense. When such history exists, a program director or regional director may need to provide approval.

Staff generally does not approve placement if a potential kinship caregiver or household member 14 years or older:

 •  has an offense for which the person received a deferral of adjudication, and they have not successfully completed probation;

 •  is indicted for an offense; or

 •  is the subject of a criminal complaint that has been accepted by a district or county attorney for prosecution.

Staff may grant exceptions following the guidelines used in the case of a conviction for the same offense. See in Appendix 4525: Offenses From the Texas Penal Code, Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes.

Being investigated for a criminal offense or having been arrested for a criminal offense does not indicate guilt or innocence and should not be weighed the same as a criminal conviction. However, as part of the overall home assessment process, the caseworker should consider and address situations in which a potential caregiver or household member:

 •  has an arrest history related to child safety; or

 •  is currently under investigation for an offense.

If the caseworker cannot make a determination, he or she must consult with the supervisor.

If the supervisor cannot make a determination, he or she must consult with appropriate resources in the region, such as the program director or a staff member in the Foster and Adoption Development program.