| (a) Except as described in subsections (b) and (c)
of this section, a person required to have a background check under:
(1) §745.605(a)(1) - (6) of this division (relating
to For whom must I submit requests for background checks?) must have
a fingerprint-based criminal history check; or
(2) §745.605(a)(7) of this division is only required
to have a name-based Texas criminal history check, except the person
must have a fingerprint-based criminal history check if:
(A) The person has resided outside of Texas any time
during the five-year period prior to the date you submit a request
for a background check; or
(B) There is reason to believe the person has criminal
history in another state.
(b) A person who is present at the operation to complete
a skills practicum or receive observation requires a check described
in subsection (a)(2) of this section if:
(1) The skills practicum or observation is a requirement
for a high school or college child-care related course that the person
is enrolled in at an accredited high school, college, or university;
(2) The person is paired with one or more qualified
caregivers, one of whom must always be present when the person interacts
with children or observes children; and
(3) The person is only present at the operation in
order to fulfill the course requirement and not in any role that would
require a fingerprint-based check. For example, the operation may
not use the person to meet child-caregiver ratios.
(c) This rule does not apply to listed family homes
that only provide care to related children. See §745.615 of this
division (relating to What types of background checks are required
for persons at listed family homes that only provide care to related
children?).
|
| Source Note: The provisions of this §745.611 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; amended to be effective July 26, 2022, 47 TexReg 4337 |
