If a home is already verified or approved and the Foster and Adoptive Home (FAD) specialist receives new information about criminal or abuse and neglect history, the FAD specialist must consult with the program administrator or designee and take the following actions, as applicable:

• If the person is arrested or charged with a crime, the FAD specialist must report the information to Residential Child Care Regulation (RCCR), a division of the Texas Health and Human Services Commission (HHSC).
• If the offense for which the person is arrested or charged would be a bar to being present, either permanently or temporarily pending the outcome of a risk evaluation, the person cannot be present where children are in care unless one of the following occurs:
  • The charge is dismissed, the prosecutor rejects the charge, the person has been acquitted, etc.
  • A risk evaluation is completed and allows the person to be present.
• If the FAD specialist becomes aware of a criminal conviction or finding of abuse or neglect that was not previously considered, the FAD specialist must report the information to RCCR. The person with the finding may be barred from being present in the home, or RCCR may place conditions on the person’s presence.
• If a person in the home who is required to undergo background checks becomes the subject of an abuse or neglect investigation, the FAD specialist must notify RCCR immediately. The person may remain present unless RCCR determines that the person poses an immediate threat or danger to the children’s health or safety.

HHSC Rules, 26 TAC §745.665

HHSC Rules, 26 TAC §745.667

HHSC Rules, 26 TAC §745.673

HHSC Rules, 26 TAC §745.751

RCCR, through the DFPS Background Checks team or its designee, makes the ultimate decision about the person’s presence or conditions on the person’s presence in the verified or approved home.

HHSC Rules, 26 TAC §745.631