The subject of a background check must include the following
in a request for a risk evaluation based on a child abuse or neglect
finding:
(1) A completed Form 2974, Request for Risk Evaluation
Based on Past Criminal History or Child Abuse or Neglect Findings;
(2) Age of the subject at the time of the abuse or
neglect;
(3) The amount of time that has elapsed since the subject's
last abuse or neglect finding;
(4) A detailed, signed statement from the subject regarding
the nature and seriousness of the abuse or neglect finding, including:
(A) The circumstances involved in the abuse or neglect
incident and investigation;
(B) The extent and nature of the subject's past abuse
or neglect history;
(C) What has changed for this subject since the time
of the abuse or neglect finding; and
(D) Why the subject does not feel that he or she poses
a risk to children in care;
(5) Any evidence of rehabilitative effort, such as
a copy of a certificate indicating completion of classes, treatment,
or support groups (either mandatory or voluntary) that relate to the
incident of abuse or neglect;
(6) At least three reference letters from persons who
are not related to the subject (professionals, employers, caseworkers,
etc.) and who have knowledge about the subject's character and, if
applicable, the subject's ability to work with children;
(7) The subject's work history for the past 10 years,
which must include the names of employers, dates of employment, and
positions held;
(8) If the risk evaluation is for a foster or adoptive
placement, then:
(A) The names and dates of birth of any foster or adoptive
children who have been or are expected to be placed in the home (if
known);
(B) A description of the foster or adoptive parent's
relationship to each child;
(C) A copy of a home assessment or home screening,
if one has been completed; and
(D) A valid rationale from the child-placing agency's
owner, executive director, administrator, or some other similar position
of authority explaining why the subject does not pose a risk to the
health or safety of children; and
(9) Any additional items requested by the CBCU Manager
to assist with the risk evaluation decision.
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| Source Note: The provisions of this §745.691 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 |
