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RULE §350.310Criminal Background Checks

(a) The contractor must complete a fingerprint-based criminal background check on every new hire, volunteer, or other person who will be working under the auspices of the contractor before the person has direct contact with children or families, including employees who have had a fingerprint-based check as a requirement of their professional licensure.

(b) The contractor must complete a fingerprint-based criminal background check renewal on any employee, or any other person who will be working under the auspices of the contractor who has direct contact with children or families, at least every 24 months, unless the contractor uses Federal Bureau of Investigations (FBI) Rap Back and gets alerts of any new arrests and convictions. Employees who are covered by the FBI Rap Back service must complete fingerprint-based criminal background checks at least every five years. Employees deemed "unfingerprintable" by the Texas Department of Public Safety or other fingerprinting entity must have a name-based background check completed every 24 months. If at any time a contractor has reason to suspect an employee has been convicted of a crime specified in §745.661 of this title (relating to What types of criminal convictions may affect a subject's ability to be present at an operation?), the contractor must complete a fingerprint-based criminal background check renewal on the employee in question.

(c) The contractor must ensure that all therapists providing Medicaid services for Early Childhood Intervention 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 Texas Health and Human Services Commission (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).

(d) 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 §745.661 of this title.

(e) 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 §350.310 adopted to be effective September 1, 2013, 38 TexReg 5524; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective March 17, 2022, 47 TexReg 1277

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