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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745LICENSING
SUBCHAPTER FBACKGROUND CHECKS
DIVISION 2REQUESTING BACKGROUND CHECKS
RULE §745.611Which persons at my operation require either a fingerprint-based criminal history check or a name-based Texas criminal history check?

(a) Except as described in subsections (b) and (c) of this section, a person required to have a background check under:

  (1) §745.605(a)(1) - (6) of this division (relating to For whom must I submit requests for background checks?) must have a fingerprint-based criminal history check; or

  (2) §745.605(a)(7) of this division is only required to have a name-based Texas criminal history check, except the person must have a fingerprint-based criminal history check if:

    (A) The person has resided outside of Texas any time during the five-year period prior to the date you submit a request for a background check; or

    (B) There is reason to believe the person has criminal history in another state.

(b) A person who is present at the operation to complete a skills practicum or receive observation requires a check described in subsection (a)(2) of this section if:

  (1) The skills practicum or observation is a requirement for a high school or college child-care related course that the person is enrolled in at an accredited high school, college, or university;

  (2) The person is paired with one or more qualified caregivers, one of whom must always be present when the person interacts with children or observes children; and

  (3) The person is only present at the operation in order to fulfill the course requirement and not in any role that would require a fingerprint-based check. For example, the operation may not use the person to meet child-caregiver ratios.

(c) This rule does not apply to listed family homes that only provide care to related children, employer-based child care operations, and shelter care operations. See §745.615 of this division (relating to What types of background checks are required for persons at listed family homes that only provide care to related children, employer-based child care operations, and shelter care operations?).


Source Note: The provisions of this §745.611 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963

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