| (a) Applicants for Certification.
(1) An individual with the following criminal history
is not eligible for certification, employment, or otherwise providing
service in a position requiring certification without prior review
and approval by TJJD as provided in §344.420 of this chapter:
(A) deferred adjudication or conviction for a felony
other than those referenced in §344.400(a) of this chapter or
a substantially equivalent violation against the laws of another state
or the United States (as determined by TJJD) if the date of deferred
adjudication or conviction was less than 10 years prior to the date
the review is requested; or
(B) deferred adjudication or conviction for any Class
A or B misdemeanor in Texas or a substantially equivalent violation
against the laws of another state or the United States (as determined
by TJJD) if the date of deferred adjudication or conviction was less
than five years prior to the date the review is requested.
(2) Regardless of the date of conviction or deferred
adjudication, a review is required if an individual was incarcerated
or placed on community supervision for an offense described by paragraph
(1) of this subsection and less than one year has elapsed since the
completion of any period of incarceration, community supervision,
or parole.
(3) Regardless of the date of conviction or deferred
adjudication, a review is required if an individual has a current
requirement to register as a sex offender under Chapter 62, Texas
Code of Criminal Procedure, for an offense other than an offense described
by §344.400(a) of this chapter.
(b) Other Individuals Subject to Criminal Background
Check.
(1) An individual with the criminal history described
in subsection (a) of this section is not eligible to begin serving
or continue serving in a position listed in §344.300(b)(3) of
this chapter unless the juvenile board or its documented designee
has granted an exemption after considering the factors in §344.420
of this chapter.
(2) Exemptions may be granted only on a case-by-case
basis. The justification for the exemption must be documented.
(3) If the department or facility receives notification
of a new conviction or deferred adjudication, the individual may not
continue serving in the position unless the juvenile board or its
documented designee grants a new exemption in accordance with this
subsection. An exemption may not be granted for a conviction or deferred
adjudication described in §344.400(a) of this chapter.
(4) An exemption granted under this subsection is valid
for the individual only at the juvenile probation department or facility
operated by or under contract with the juvenile board granting the
exemption.
(5) The exemption is not valid if the person moves
to a position requiring certification or if the department or facility
seeks certification for the person in a position that allows for optional
certification as provided in §344.802 of this chapter; in such
cases, prior review and approval from TJJD is required as provided
by subsection (a) of this section.
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