Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 745 - LICENSING
Subchapter F - BACKGROUND CHECKS
Division 5 - EVALUATION OF RISK BECAUSE OF CRIMINAL HISTORY OR A CHILD ABUSE OR NEGLECT FINDING
Section 745.691 - What must a request for a risk evaluation based on a child abuse or neglect finding include?

Universal Citation: 26 TX Admin Code § 745.691

Current through Reg. 50, No. 26; June 27, 2025

The subject of a background check must include the following in a request for a risk evaluation based on a child abuse or neglect finding:

(1) A completed Form 2974, Request for Risk Evaluation Based on Past Criminal History or Child Abuse or Neglect Findings;

(2) Age of the subject at the time of the abuse or neglect;

(3) The amount of time that has elapsed since the subject's last abuse or neglect finding;

(4) A detailed, signed statement from the subject regarding the nature and seriousness of the abuse or neglect finding, including:

(A) The circumstances involved in the abuse or neglect incident and investigation;

(B) The extent and nature of the subject's past abuse or neglect history;

(C) What has changed for this subject since the time of the abuse or neglect finding; and

(D) Why the subject does not feel that he or she poses a risk to children in care;

(5) Any evidence of rehabilitative effort, such as a copy of a certificate indicating completion of classes, treatment, or support groups (either mandatory or voluntary) that relate to the incident of abuse or neglect;

(6) At least three reference letters from persons who are not related to the subject (professionals, employers, caseworkers, etc.) and who have knowledge about the subject's character and, if applicable, the subject's ability to work with children;

(7) The subject's work history for the past 10 years, which must include the names of employers, dates of employment, and positions held;

(8) If the risk evaluation is for a foster or adoptive placement, then:

(A) The names and dates of birth of any foster or adoptive children who have been or are expected to be placed in the home (if known);

(B) A description of the foster or adoptive parent's relationship to each child;

(C) A copy of a home assessment or home screening, if one has been completed; and

(D) A valid rationale from the child-placing agency's owner, executive director, administrator, or some other similar position of authority explaining why the subject does not pose a risk to the health or safety of children; and

(9) Any additional items requested by the CBCU Manager to assist with the risk evaluation decision.

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