These words have the following meanings:
(1) CBCU--The Centralized Background Check Unit is
a subdivision of Licensing that conducts background checks and risk
evaluations.
(2) Central Registry--A Texas Department of Family
and Protective Services (DFPS) database of persons who have been found
by Licensing or an investigations division within DFPS to have abused
or neglected a child.
(3) Client in care--A child, young adult, or adult
in the care of your operation, including foster children or young
adults for whom your operation is receiving foster care payments,
adults in care through the Health and Human Services System, court-ordered
placements, and kinship care. A biological or adopted child is not
a client in care.
(4) Criminal history--Includes arrests, dispositions,
and deferred adjudication community supervision. Criminal history
does not include expunged criminal history or non-disclosure history.
It does not include juvenile history, although the CBCU may determine
that the subject of a background check poses an immediate threat or
danger to the health or safety of children based on a juvenile adjudication
that the CBCU receives with the subject's criminal history.
(5) Days--Calendar days.
(6) Designated finding--A finding in the Central Registry
against a person (also known as a designated perpetrator) who has
not exhausted the person's due process rights, including an administrative
review, a due process hearing, and any subsequent rights of appeal.
See Subchapter M of this chapter (relating to Administrative Reviews
and Due Process Hearings).
(7) DFPS--Texas Department of Family and Protective
Services.
(8) DPS--Texas Department of Public Safety.
(9) Direct access--Being counted in the child to caregiver
ratio or having any responsibility that requires contact with children
in care.
(10) FBI--Federal Bureau of Investigation.
(11) HHSC--Texas Health and Human Services Commission.
(12) Initial background check--The first background
check that your operation submits for a person required to have a
background check, as specified in §745.605 of this subchapter
(relating to For whom must I submit requests for background checks?).
(13) Licensing--The Child Care Regulation department
of HHSC.
(14) National Sex Offender Registry--A National Crime
Information Center file that contains records on persons who are required
to register in a jurisdiction's sex offender registry.
(15) Present at an operation--A person is present at
an operation if the person has or may have contact with children in
care as follows:
(A) The person is physically present at an operation
while any child is in care, unless the person is present for the sole
purpose of attending orientation or pre-service training and does
not have contact with children in care;
(B) The person has responsibilities that may require
the person to be present at an operation while any child is in care;
(C) The person resides at an operation or is present
at an operation on a regular or frequent basis; or
(D) The person has direct access to any child in care,
including supervised or unsupervised direct access to any child.
(16) Regularly or frequently present at an operation--The
definition means:
(A) A person is regularly or frequently present at
an operation if the person:
(i) Is present at an operation on a scheduled basis;
(ii) Visits the operation three or more times in a
30-day period, with each visit being a period of time of less than
24 hours, and with multiple or periodic visits to an operation within
the same day counting as one visit;
(iii) Stays or resides at the operation for more than
seven consecutive days; or
(iv) Stays or resides at the operation three or more
times per year, and the duration of each stay exceeds 48 hours.
(B) For foster homes, the following persons are not
considered to be regularly or frequently present at a foster home:
(i) A child unrelated to a foster parent who visits
the foster home unless:
(I) The child is responsible for the care of a foster
child; or
(II) There is a reason to believe that the child has
a criminal history or previously abused or neglected a child; and
(ii) An adult unrelated to a foster parent who visits
the foster home unless:
(I) The adult has unsupervised access to children in
care; or
(II) There is a reason to believe that the adult has
a criminal history or previously abused or neglected a child.
(C) For a child day-care operation, parents are not
regularly or frequently present at an operation solely because they
are visiting their child, which may include dropping off or picking
up their child, eating lunch with their child, visiting or observing
their child, or consoling their child. However, a parent may be regularly
or frequently present at an operation if he or she volunteers at an
operation or is otherwise present at an operation for a reason other
than visiting his or her child.
(17) Renewal background check--A subsequent background
check that your operation submits for a person who has already had
an initial background check at your operation as specified in §745.605
of this subchapter.
(18) Risk evaluation--A process conducted by the CBCU
that is initiated by the subject of a background check with a criminal
history or child abuse and neglect history. During this process the
CBCU reviews information and determines whether the subject with a
criminal conviction or child abuse or neglect finding or the subject
who has been arrested or charged with a crime poses a risk to the
health or safety of children in a particular operation.
(19) Subject or subject of a background check--A person
on whom the operation submits a request for a background check.
(20) Substitute employee--A person present at an operation
usually for the purpose of fulfilling an absent employee or caregiver
role.
(21) Sustained finding--A finding in the Central Registry
against a person who has already been offered due process rights to
an administrative review and a due process hearing, and:
(A) The person has waived all of the person's due process
rights by not timely requesting an administrative review and a due
process hearing or by waiving those rights in writing as specified
in §745.8817 of this chapter (relating to Can I waive my right
to an administrative review?) and §745.8855 of this chapter (relating
to Can I waive my right to a due process hearing?); or
(B) The child abuse or neglect finding was upheld in
the due process hearing and any subsequent appeals.
(22) Unsupervised access--The person is allowed to
be with children without the presence of a caregiver that is counted
in the child to caregiver ratio and meets the minimum education requirements,
work experience, training qualifications, and background check requirements.
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| Source Note: The provisions of this §745.601 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2008, 33 TexReg 4190; amended to be effective June 1, 2010, 35 TexReg 4184; amended to be effective March 1, 2012, 37 TexReg 921; amended to be effective March 1, 2014, 39 TexReg 1182; amended to be effective March 1, 2015, 40 TexReg 834; amended to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective August 30, 2021, 46 TexReg 4854 |
