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RULE §108.310Criminal Background Checks

(a) The contractor must complete a fingerprint-based criminal background check on any employee, volunteer, or other person who will be working under the auspices of the contractor before the person has direct contact with children or families. The purpose of completing the criminal background check is to protect children and families and to comply with Medicaid and HHSC Child Care Licensing requirements.

(b) The contractor must ensure that all therapists providing Medicaid services for ECI children are correctly enrolled with the Texas Medicaid Program. This requirement includes disclosing all criminal convictions and arrests as required by 1 TAC §371.1005 (relating to Disclosure Requirements). The HHSC Office of Inspector General may recommend denial of an enrollment or re-enrollment based on criminal history, in accordance with 1 TAC §371.1011 (relating to Recommendation Criteria).

(c) HHSC Child Care Licensing maintains three charts of criminal history requirements for people who regularly enter licensed child care facilities.

  (1) The three charts are published on the HHSC website:

    (A) Licensed or Certified Child Care Operations: Criminal History Requirements;

    (B) Foster or Adoptive Placements: Criminal History Requirements; and

    (C) Registered Child Care Homes and Listed Family Homes: Criminal History Requirements.

  (2) The contractor must review each employee's criminal background check to ensure that staff members who regularly enter regulated child care facilities or foster homes to provide early childhood intervention services do not have criminal convictions that would result in an absolute bar to entering them in compliance with the 40 TAC §745.651 (relating to What types of criminal convictions may affect a person's ability to be present at an operation?).

(d) If a criminal background check reveals criminal convictions that are not on the HHSC Child Care Licensing charts of criminal history requirements or would result in the individual being eligible for a HHSC Child Care Licensing risk assessment, the program director may conduct a risk assessment. The risk assessment process must include, at a minimum, consideration of:

  (1) the number of convictions;

  (2) the nature and seriousness of the crime;

  (3) the age of the individual at the time the crime was committed;

  (4) the relationship of the crime to the individual's fitness or capacity to serve in the role of an early childhood intervention professional;

  (5) the amount of time that has elapsed since the person's last conviction; and

  (6) any relevant information the individual provides or otherwise demonstrates.

Source Note: The provisions of this §108.310 adopted to be effective September 1, 2013, 38 TexReg 5524; amended to be effective June 30, 2019, 44 TexReg 3280

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