The following provisions apply when a private juvenile justice
facility is operating under contract with a governmental entity as
required by Sections 51.12, 51.125, and 51.126, Texas Family Code.
(1) The juvenile probation department serving the county
where the private facility is located is responsible for performing
the checks and subscribing to the Fingerprint-Based Applicant Clearinghouse
of Texas (FACT), as required under §344.300 of this chapter,
for the private facility.
(2) The department and the private facility must have
a written agreement that:
(A) authorizes the private facility to have access
to information resulting from the criminal history checks;
(B) limits the private facility's use of the information
to the purpose for which it is given;
(C) requires the private facility to ensure the confidentiality
of the information; and
(D) provides for sanctions if the private facility
violates a requirement in subparagraphs (B) or (C) of this paragraph.
(3) The private facility must provide the following
information to the department in writing:
(A) identifying information necessary for the department
to conduct the criminal history checks as required by this chapter;
and
(B) notification within 10 calendar days after an individual
subject to criminal history checks separates from employment, ceases
to provide services, or transfers out of a position that requires
criminal history checks.
(4) The chief administrative officer or designee of
the juvenile probation department serving the county where the private
facility is located must notify the private facility in writing of
the results of each initial criminal history check and each check
required for renewal of certification.
(5) The department must immediately notify the private
facility administrator in writing if the department receives a FACT
alert regarding an arrest, conviction, or deferred adjudication for
any offense punishable by confinement or imprisonment for an individual
who is employed by or provides services at the private facility.
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