| (a) After the operation submits a request for a background
check, the notice letter that the CBCU sends to an operation regarding
the subject of a background check will include the following information:
(1) A determination of whether the subject may be present
at an operation, as defined in §745.629 of this division (relating
to What are the possible determinations for the subject of a background
check?);
(2) Any conditions or restrictions placed on the subject's
presence at an operation, if applicable; and
(3) A list of each additional operation that has submitted
a request for a background check on the subject and when the operation
submitted the request.
(b) If a child-placing agency submitted a request for
a background check because of the subject's association with a current
or prospective foster or adoptive home, the notice letter to the child-placing
agency will also include:
(1) The sources of information that were used for the
background check, as specified in §745.607 of this subchapter
(relating to What are the different types of background checks?);
(2) Any criminal history obtained on the subject, if
applicable;
(3) Any sustained Central Registry finding listed in
§745.671 of this subchapter (relating to What types of findings
from the Central Registry or out-of-state child abuse and neglect
registries may affect a subject's ability to be present at an operation?),
if applicable;
(4) Whether the subject is eligible to request a risk
evaluation, if applicable, and whether the subject may be present
at your operation pending the outcome of the risk evaluation; and
(5) Any Central Registry finding of child abuse or
neglect that is not sustained, if the CBCU has determined the subject
is ineligible to be present at the operation. The notification letter
will inform you that this subject has not exhausted the subject's
due process regarding this matter and that you must immediately remove
the subject from being present at the operation. The CBCU will subsequently
notify you of any future determination regarding this matter that
affects the subject's ability to be present at the operation.
|
| Source Note: The provisions of this §745.633 adopted 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 |
