| (a) As provided in Government Code §411.114, we
must obtain criminal history record information maintained by the
Texas Department of Public Safety (DPS) regarding an alleged perpetrator
unless the alleged perpetrator is a victim/perpetrator in the report.
(b) When necessary to complete a safety assessment,
risk assessment, family assessment, or other assessment (including
home studies or child care arrangements), we are entitled to obtain
criminal history record information maintained by DPS regarding any
of the following parties:
(1) Persons living in the residence in which the alleged
victim resides;
(2) Persons providing, at the request of the child's
parent, in-home care for an alleged child victim; and
(3) Persons providing, at the request of the child's
parent, in-home care for a child, as long as the person provides written
consent to the release and disclosure of the information.
(c) For purposes of this rule, the term "residence"
means "household" as that term is defined in §707.451(a)(8) of
this subchapter (relating to What terms and definitions are used in
reports, investigations, and assessments of abuse and neglect?).
(d) In addition to criminal history record information
that we obtain from DPS, we may also obtain information from the Federal
Bureau of Investigation and any other criminal justice agency, subject
to any limitations provided by law.
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