State law allows DFPS to obtain DPS and FBI criminal history information that relates to a person who is in any of the categories described in Section 411.114 of the Texas Government Code.

CPS and CPI staff members may request criminal records checks only on people listed as principals in the following categories:

• A person 14 years old or older who is the subject of a report DFPS receives alleging that the person abused or neglected a child, as long as the person is not also alleged to be a child victim.
• A person 14 years old or older in the home where there are allegations of abuse or neglect and where the child victim lives.
• A person, including an alleged perpetrator, living in the residence in which the alleged victim of the report resides.
• A person who, at the request of the child’s parent, provides in-home care to a child who is the subject of a report alleging the child has been abused or neglected.
• A person who provides or applies to provide kinship care for a child in DFPS conservatorship. See 6600 Case Planning with Relatives and Other Kinship Caregivers.
• A person 14 years old or older who lives with a kinship caregiver providing or applying to provide kinship care for a child in DFPS conservatorship. See 6600 Case Planning with Relatives and Other Kinship Caregivers.
• A person who provides or applies to provide adoptive or foster care for a child in DFPS conservatorship. See 7000 Foster and Adoptive Home Developmentand its subitems.
• A person 14 years old or older who lives with a person providing or applying to provide adoptive or foster care for a child in DFPS conservatorship. See 7000 Foster and Adoptive Home Development and its subitems.
• A person who has unsupervised access to a child in the care of DFPS who is or will be receiving adoptive, foster, or in-home care. See 7000 Foster and Adoptive Home Development and its subitems.