Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 745 - LICENSING
Subchapter F - BACKGROUND CHECKS
Division 2 - REQUESTING BACKGROUND CHECKS
Section 745.605 - For whom must I submit requests for background checks?
Universal Citation: 26 TX Admin Code § 745.605
Current through Reg. 50, No. 13; March 28, 2025
(a) You must submit a request for a background check for:
(1) The owner of the
operation, including:
(A) A sole
proprietor;
(B) Each partner in a
partnership; and
(C) A board member
or an officer of a governing body who is involved in the everyday management of
the operation, including participating in the development of policies that
address the Licensing requirements or the everyday running of the operation, or
submitting requests for background checks for the operation;
(2) Each person employed or
prospectively employed at the operation, including:
(A) All directors and administrators of the
operation; and
(B) Substitutes,
unless you confirm that the organization providing the substitute has:
(i) Submitted a request for a background
check for the substitute through the CBCU within the last five years;
and
(ii) You have a copy of the
background check determination that allows the substitute to be present at an
operation;
(3) Each current or prospective foster parent
providing foster care through a child-placing agency;
(4) Each prospective adoptive parent seeking
to adopt through a child-placing agency;
(5) Each person 14 years of age or older,
including a contract employee, self-employed person, or volunteer who:
(A) Is counted in the child/caregiver ratio
in accordance with the relevant minimum standards, unless the person is a
parent or volunteer as described in subsection (b)(2) of this
section;
(B) Has unsupervised
access to children in care; or
(C)
Provides direct care or supervision to children in care;
(6) Each person 14 years of age or older who:
(A) Resides in the operation; or
(B) Will reside in a prospective adoptive
home if the adoption is through a child-placing agency; and
(7) Each person 14 years of age or
older, including a volunteer, who is regularly or frequently present at an
operation or prospective adoptive home.
(b) You do not have to submit a request for a background check on:
(1) A client in
care;
(2) A parent or volunteer who
only supplements the child-caregiver ratio for a field trip or water
activity;
(3) A professional who is
licensed or is required to have a background check to meet compliance with
another governmental entity's requirements, so long as:
(A) You do not employ or contract with the
professional;
(B) The professional
will only be present at an operation in an official capacity; and
(C) For day care operations, you obtain
written parental consent before allowing the professional to have unsupervised
access to a child in care; and
(4) Controlling persons who do not fulfill a
role specified in subsection (a) of this section, such as a board member of a
corporation or association that owns or governs the operation.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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