TX :: Child Protective Services Handbook :: 7400 Checking Criminal Records and Abuse and Neglect History :: 7411.1 Required Background Check Tables

TX :: Child Protective Services Handbook :: 7400 Checking Criminal Records and Abuse and Neglect History :: 7411.1 Required Background Check Tables

The table below:

  • Excludes clients in care, including young adults in extended foster care who are not required to undergo background checks in order to be present in the operation.
  • Excludes employees of the operation. If an operation has an employee, consult relevant Minimum Standards and, if necessary, the foster and adoptive home development (FAD) state office.
  • Is specific to FAD.

Descriptions

DFPS History Check (FPS): Texas Department of Family and Protective Services child abuse and neglect history check, which includes Central Registry information.

DPS Name-Based Criminal History (DPS): Texas Department of Public Safety  name-based criminal history check (FAD requirement). DPS checks should be completed before initiating an FBI History Check.   

FBI History (FBI): Federal Bureau of Investigations fingerprint-based criminal history check. This check contains both the Texas fingerprint and FBI fingerprint check information.

Out-of-State Abuse/Neglect Registry (OOS A/N): Out-of-state child abuse and neglect check in each state where the person resided during the preceding five-year period prior to the date the FAD Specialist submits the request for a background check, if the person has lived outside of Texas any time in the past five (5) years or is suspected of child abuse or neglect.

Out-of-State Sex Offender Registry (OOS SOR): Out-of-state sex offender registry check in each state where the person resided during the preceding five-year period prior to the date the FAD Specialist submits the request for a background check, if the person has lived outside of Texas any time in the past five (5) years or is suspected of having sex offender history.  

CategoryDescriptionFPSDPSFBIOOS A/NOOS SOR

CATEGORY 1

 

Foster or adoptive parents

Includes all current and prospective:

 

  1. Foster parents
  2. Adoptive parents

*If any of these persons have lived outside of Texas in the past five years, see Category 4.

YesYesYesNoNo

CATEGORY 2

 

A person 14 years or older, who:

 

  • Is counted in the child/caregiver ratio.
  • Has unsupervised access to children in care.
  • Provides direct care or supervision to children in care.
  • Resides in a current or prospective foster or adoptive home.
  • Is believed to have a criminal or abuse or neglect history.

Includes:

 

  1. A caregiver.
  2. A household member (a person who resides or will reside in the home).
  3. A frequent or regular visitor who has unsupervised access.
  4. A volunteer who has unsupervised access.
  5. An adult babysitter who has unsupervised access.
  6. A youth age 14–17 who babysits or has unsupervised access.

*If this person has lived outside of Texas in the past five years, see Category 4.

YesYesYesNoNo

CATEGORY 3

 

Person, 14 or older, who is regularly or frequently present at a home.

Includes:

 

  1. An individual related to the foster parents who is regularly or frequently present at the home, even if they do not have unsupervised access to children in care.and

     

  2. They meet one of the following criteria:
    • Visits or plans to visit three or more times in a 30-day period.
    • Visits or plans to visit for more than seven days at a time.
    • Visits or plans to visit for more than 48-hours at a time, at least twice a year.
    • Visits or plans to visit on a scheduled basis.

Excludes individuals unrelated to the foster parents who are regularly or frequently present at the home, if they do not have unsupervised access to children in care, unless there is reason to believe that the person has criminal history or previously abused or neglected a child.

 

*If this person has lived outside of Texas in the past five years, see Category 4.

YesYesNoNoNo

CATEGORY 4

 

A person who has lived outside the state of Texas in the past five years.

Includes anyone:

 

  1. From Category 1 to 3 above.
  2. Who has lived out of state in the past five  years.

FBI checks for a frequent or regular visitor:

 

Not required, even if the visitor is frequently or regularly present, unless one or more of the following apply:

 

  • The person meets criteria #2 above.
  • The person moved out of state at any time between the previous check and the renewal check.
  • There is reason to believe the person has a criminal history in another state.
YesYesYesYesYes

The following individuals are not required to have background checks:

  • A client in care.
  • A professional who is licensed or is required to have a background check to meet compliance with another governmental entity’s requirements, so long as the individual does not employ or contract with the professional, and the professional is only present in an official capacity.
  • A child unrelated to a foster parent who visits the foster home, unless one of the following applies:
    • The child is responsible for the care of a foster child.
    • There is reason to believe that the child has a criminal history or previously abused a child.
  • An adult unrelated to a foster parent who visits the foster home, unless one of the following applies:
    • The adult has unsupervised access to children in care.
    • There is reason to believe that the adult has criminal history or previously abused or neglected a child.


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