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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 707CHILD PROTECTIVE INVESTIGATIONS
SUBCHAPTER AINVESTIGATIONS
DIVISION 1INTAKE, INVESTIGATION AND ASSESSMENT
RULE §707.511On whom do we conduct criminal history records checks during the course of an investigation?

(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.


Source Note: The provisions of this §707.511 adopted to be effective July 15, 2020, 45 TexReg 4780

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