When making a risk evaluation decision, the CBCU will review
all of the information submitted under §745.689 or §745.691
of this division (relating to What must a request for a risk evaluation
based on criminal history include? and What must a request for a risk
evaluation based on a child abuse or neglect finding include?, respectively),
consider whether the requestor failed to submit any information, and
review any other relevant information. The CBCU will consider the
following factors when assessing whether the subject poses a risk
to the health or safety of children:
(1) The compliance history and regulatory status of
the operation;
(2) The subject of a background check's intended or
current role and responsibility at the operation;
(3) The length of time that has elapsed since the criminal
conviction, child abuse or neglect finding, or crime for which the
subject has been arrested or charged;
(4) The nature and severity of the criminal conviction,
child abuse or neglect finding, or crime for which the subject has
been arrested or charged;
(5) The subject's role in the criminal conviction,
child abuse or neglect finding, or crime for which the subject has
been arrested or charged, including the age of the subject at the
time of the crime or abuse or neglect;
(6) Whether there is a pattern of any type of crime
or abuse or neglect;
(7) Work history, references, and any evidence of
rehabilitative effort over the past 10 years, such as a copy of a
certificate indicating completion of classes, treatment, or support
groups (either mandatory or voluntary) that the subject has taken;
(8) Any federal requirements regarding criminal history
and child abuse and neglect findings; and
(9) Any other relevant factor that enhances or mitigates
the risk to the health or safety of children in a particular operation.
|
| Source Note: The provisions of this §745.695 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 |
