| (a) A subject who has been arrested or charged with
a crime may not be present at an operation if:
(1) A conviction for the arrest or charged offense
would:
(A) Bar the subject from being present at an operation
permanently or on a time-limited basis; or
(B) Prohibit the subject from being present at an operation
pending the outcome of a risk evaluation; or
(2) The CBCU determines that the subject poses an immediate
threat to the health or safety of children.
(b) If a subject has been arrested or charged with
a crime, the CBCU may place conditions or restrictions on the subject's
presence at an operation as the CBCU finds necessary to protect the
health or safety of children:
(1) If a conviction for the arrest or charged offense
would not:
(A) Bar the subject from being present at an operation
permanently or on a time-limited basis; or
(B) Prohibit the subject from being present at an operation
pending the outcome of a risk evaluation; and
(2) The CBCU does not determine that the subject poses
an immediate threat to the health or safety of children.
(c) The determination of whether the subject arrested
or charged with a crime may be present at an operation and any condition
or restriction placed on a subject's presence at an operation are
temporary pending the final outcome of the alleged crime (i.e., charges
never filed, dismissal, conviction, or acquittal). Once there is a
final outcome to the alleged crime, the CBCU will determine whether
the subject may be present at an operation based on criteria in §745.661
of this division (relating to What types of criminal convictions may
affect a subject's ability to be present at an operation?) and other
relevant rules in this subchapter.
|
| Source Note: The provisions of this §745.667 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 |
