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 745.611 - Which persons at my operation require either a fingerprint-based criminal history check or a name-based Texas criminal history check?
Universal Citation: 26 TX Admin Code § 745.611
Current through Reg. 50, No. 13; March 28, 2025
(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?).
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