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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745LICENSING
SUBCHAPTER FBACKGROUND CHECKS
DIVISION 4CRIMINAL HISTORY, SEX OFFENDER REGISTRY, AND CHILD ABUSE OR NEGLECT FINDINGS
RULE §745.671What types of findings from the Central Registry or out-of-state child abuse and neglect registries may affect a subject's ability to be present at an operation?

(a) The following chart lists the types of findings from the Central Registry and out-of-state child abuse and neglect registries that may affect a subject's ability to be present at an operation. The chart specifies whether a subject with a finding is barred from being present at an operation or is eligible for a risk evaluation, and whether a subject eligible for a risk evaluation may be present at an operation pending the outcome of the risk evaluation:

Attached Graphic

(b) A subject who requires a background check under this subchapter in relation to a current or prospective foster or adoptive home is eligible for a risk evaluation for a sustained finding of physical abuse, if:

  (1) It has been more than five years since the date of the physical abuse finding; and

  (2) The prospective foster or adoptive parent is related to or has a significant longstanding relationship with the foster or adoptive child.

(c) This rule does not apply to a person who requires a background check under this subchapter because of the person's responsibilities as a DFPS or Licensing employee or volunteer. The person will have a background check conducted by DFPS or HHSC as part of the person's application to become an employee or volunteer.


Source Note: The provisions of this §745.671 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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