Revision 24-1, Effective Feb. 20, 2024

The Central Registry background check required for all background check subjects is to determine if, per 26 TAC 745.671:

• the subject has an allegation(s) of, or a designated or sustained finding(s) of abuse or neglect that make the subject ineligible to be present at an operation; or
• conditions on the subject’s presence at the operation are needed to protect the health or safety of children.

The Central Registry background check is conducted by an automated search of IMPACT, including allegations of abuse or neglect of a child in Texas. CBCU staff verify and process the search results.

If the subject has lived outside of Texas in the past five years, an out-of-state abuse or neglect background check is required for each state or U.S. territory the subject has lived in. CBCU staff work with the subject and the out-of-state agency, as needed, to obtain the results. CBCU staff enter the results into CLASS.

References:

10112 Types of Background Checks
Definitions of Terms

26 TAC 745, Subchapter F, Background Checks

HRC Sections 42.0445, 42.056, 42.159 and 42.206 

10210 Reviewing Results from a Central Registry Search

Revision 24-1, Effective Feb. 20, 2024

Procedure

To determine if a background check subject has a Central Registry match, CBCU staff receive the results of a Central Registry background check from an automated search of the IMPACT system that has all possible matches for the subject.

If there are no potential matches, CLASS marks the status of the Central Registry Background Check Result as “Cleared” and the Central Registry background check type eligibility as “eligible.”.

If there are potential matches, CBCU staff receive a “CR Results Ready for Review” To-Do. Within three business days of receiving the to-Do, CBCU staff determine whether the person listed in the IMPACT search result is the same person who is the background check subject by comparing the information in each possible Central Registry Match to the following information:

1. any name including alternate names and versions of the subject’s name;
2. any possible Social Security numbers (SSNs);
3. any possible date of birth (DOB); and
4. other identifiers or personal information, if needed.

Next, CBCU staff document each possible match result and the next step to take with each match as outlined in the chart below:

CBCU staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for more details.

References:

1427  Using Scanned Documents and Other Digital Files as a Regulatory Tool
1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library
10111  Overview of CCR Staff Responsibilities Related to Background Checks

HRC Sections 42.0445, 42.056, 42.159 and 42.206

10211 Processing Central Registry Recheck Results

Revision 24-1, Effective Feb. 20, 2024

Procedure

When the subject has an active background check, CLASS processes a Central Registry recheck to update a subject’s Central Registry background check history. CLASS creates a Central Registry row on the subject’s Background Check Results History page for the recheck result. The recheck returns all possible matches for the subject.

When a recheck returns possible matches, CBCU staff:

• review each possible match result;
• determine if each possible match result is for the background check subject per 10210 Reviewing Results from a Central Registry Search; and
• review all results received and finalize the match determination as soon as possible but by three business days of receiving the Central Registry Match, unless more time is needed to complete the actions required to finalize the match determination.

10220 Determining if Additional Action is Needed for Central Registry Matches

Revision 24-1, Effective Feb. 20, 2024

Procedure

For each Central Registry match, CBCU staff consider the following questions and actions in the chart below to determine if any other action is needed before making a determination on the Central Registry match:

CBCU staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for more details.

10221 Preponderance Reviews for Unsustained Findings Made Before April 16, 1999

February 2021

Procedure

CBCU staff request a preponderance review for unsustained findings of abuse or neglect made before April 16, 1999, if the finding was made by one of the following programs:

1. DFPS Child Protective Investigation (CPI); or
2. HHSC Provider Investigation (PI).  

See: Definitions of Terms for the definition of CPI and PI.

10221.1 Requesting a Preponderance Review

February 2021

Procedure

For DFPS CPI findings, CBCU staff use internal document, Form 7280 Request for Information Regarding a Licensing Central Registry Match, located on the CCR SharePoint site, to request the preponderance review.

For HHSC PI investigations, CBCU staff request a preponderance review by sending an email to PI_appeals@hhsc.state.tx.us and providing the following information:

• Requestor’s name, position and contact information;
• Reason for the request;
• Name of the subject of the background check to review; and
• IMPACT case ID to be reviewed.

10221.2 Acting on the Results of the Preponderance Review

Revision 23-3; Effective Sept. 22, 2023

Procedure

Once DFPS CPI or HHSC PI staff notify CBCU staff of the results of the preponderance review, CBCU staff upload any documentation received and used to support the action taken to CLASS Document Library from the applicable CLASS page and take the following action as outlined in the chart below:

See:

1427  Using Scanned Documents and Other Digital Files as a Regulatory Tool
1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library
10111  Overview of CCR Staff Responsibilities Related to Background Checks

10222 Reviewing Prior Due Process Offers

February 2021

10222.1 Reviewing History for Prior Due Process Offers

February 2021

Procedure

In order to determine if a designated finding should be sustained, CBCU staff determine if due process has been previously offered by reviewing:

• investigation information in IMPACT;
• Investigation Person page for the investigation in CLASS; and
• prior background checks in CLASS.

10222.2 Acting on Due Process Review

Revision 24-1; Effective Feb. 20, 2024

Procedure

If the finding should be sustained, CBCU staff:

• update the match in CLASS and process the match as a sustained finding. Reference: 10280 Handling Sustained Central Registry Background Check Results; and
• notify the appropriate DFPS Child Protective Investigation (CPI) or Child Care Investigation (CCI) staff to update the finding in IMPACT.

If the finding should not be sustained, CBCU staff proceed with assessing if the subject’s presence would present an immediate threat to the health or safety of children. Reference: 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat.

References:

10241 Notifying the Designated Perpetrator of the Central Registry Background Results and Offering Due Process 
Definitions of Terms for the definition of CCI and CPI

10223 Reviewing Open Investigations and DFPS Alternative Response Cases

Revision 24-1; Effective Feb. 20, 2024

Procedure

CBCU staff use the chart below to determine whether to assess if the background check subject poses an immediate threat to the health or safety of children because of an open investigation or alternative response:

CBCU staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for more details.

Reference: Definitions of Terms for a definition of CPI, CCI and PI.

10224 Tracking Open Investigations and DFPS Alternative Response Cases for Closure

Revision 24-1; Effective Feb. 20, 2024

Procedure

Documenting an Open Investigation or Alternative Response Case

When the match is for an open investigation that does not meet the criteria in 10223 Reviewing Open Investigations, and DFPS Alternative Response Cases for assessing the result for a determination of immediate threat to the health or safety of children, or is for an alternative response case, CBCU staff do the following on the Central Registry Background Check Results page in CLASS:

1. In the Type of Abuse section:
   • verify and, if needed, correct the information for the finding;
   • select:
     • MSV-Open Investigation of Pending Due Process in the Finding Determination field for an open investigation; or
     • Open AR – Not currently a MSV in the Finding Determination field for an alternative response case; and
   • select Yes in the Can Be Present field.
2. In the Information Specific to this Result section document, as needed:
   • the open investigation or alternative response case is being tracked for closure; and
   • that an assessment for determination of immediate threat to the health or safety of children is not needed.
3. Select the Preview the Match Determination button to verify the Match Determination and Can Be Present selections populate correctly based on all results. If the selections are incorrect, make corrections until the selections are correct.
4. Select the Finalize Match Determination button to compete the background check eligibility determination.
5. Select the Save button to save the changes.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

Tracking an Open Investigation or Alternative Response Case for Closure

CBCU staff check the status of an open investigation or alternative response case weekly and enter a comment summarizing the status in the Information Specific to this Result section of the Central Registry Background Check Results page in CLASS.

Determining Actions When an Open Investigation or Alternative Response Case Closes

When the investigation or alternative response case closes, CBCU staff act on the disposition per the following table:

References:

7720 Hearings Concerning Child Abuse or Neglect Findings 
10510 Types of Eligibility Determinations 
10531 Types of Background Check Notifications

10225 Ensuring Complete Central Registry Results

Revision 24-1, Effective Feb. 20, 2024

When processing a Central Registry result, CBCU staff review all active background checks for a subject to verify that each active background check includes all results.

If CBCU staff determine that an active background check does not include all results, staff add any missing or new results as new Central Registry history on the subject’s Central Registry Background Check Results page in CLASS.

Adding Reason To Believe Findings Resulting From a DFPS CCI Investigation

When a DFPS CCI investigation results in a designated finding, and the designated perpetrator is the subject of an active background check, CBCU staff receive a “INV # [CLASS INV #] closed with RTB. Review BGCs of Perpetrators” To-Do. CBCU staff review the Perpetrator List on the Investigations Persons page of the investigation in CLASS and identify active background checks for each designated perpetrator in the investigation. 

The CBCU staff who received the To-Do adds the finding to all active background check requests for the designated perpetrator and notifies the CBCU inspector(s) assigned to the operation and each applicable manager of the added Central Registry Match. CBCU staff assess each match within three business days for Determination of Immediate Threat per 10230 Acting on a Central Registry Background Check Match.

10226 Central Registry and Out-of-State Abuse or Neglect Results for Licensed Administrators

April 2022

Procedure

CBCU staff consult with a CBCU manager if the background check subject:

• is the licensed administrator for an operation; and
• has a central registry or out-of-state abuse or neglect result that may affect the subject’s ability to be present at an operation.

The CBCU manager consults with the CBCU program administrator to determine if:

• the licensed administrator’s presence presents an immediate threat to the health and safety of children;
• the licensed administrator is eligible to complete a risk evaluation at the operation; or 
• the licensed administrator is ineligible to be present at the operation.

26 TAC §§745.671; 745.751

See:

10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat 
10280 Handling Sustained Central Registry Background Check Results 
10510 Types of Eligibility Determinations

10230 Acting on a Central Registry Background Check Match

Revision 24-1, Effective Feb. 20, 2024

Procedure

If the background check subject has a Central Registry match, CBCU staff must evaluate whether to restrict the subject’s presence at the operation.

If the match is for an alleged or designated perpetrator role and any required action listed in 10220 Determining if Additional Action is Needed for Central Registry Matches has been completed, CBCU staff evaluate the match to assess if  the subject’s presence at the operation presents an immediate threat to the health or safety of children. CBCU staff complete the assessment within 10 business days of receiving the Central Registry match or criminal history from the DPS name-based or fingerprint-based results, whichever occurs later. CBCU staff assess the Central Registry Match by following to procedures in 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat.

If the match is for a sustained perpetrator role, CBCU staff determine if:

• the subject is eligible for a risk evaluation;
• the subject is eligible to be present at the operation pending the outcome of the risk evaluation; and
• any conditions on the subject’s presence are needed to protect the health or safety of children.

Central Registry Recheck: Reconsideration of an Existing Risk Evaluation Decision

If the subject has a risk evaluation for any prior matches, CBCU staff process the Central Registry recheck results per 10441.2 Reconsideration of Risk Evaluation Due to New or Updated Central Registry Results.

References:

10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat 
10280 Handling Sustained Central Registry Background Check Results 
10510 Types of Eligibility Determinations

26 TAC Sections 745.671, 745.751 

10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat

Revision 24-1, Effective Feb. 20, 2024

Under certain circumstances, CBCU staff may make an ineligible determination for a match about:

• an alleged perpetrator role before the subject becoming a designated perpetrator; or
• a designated perpetrator role before the subject being offered due process.

Procedure

Alleged Finding

CBCU staff use the chart in 10223 Reviewing Open Investigations and DFPS Alternative Response Cases to determine whether to assess if the alleged perpetrator’s (AP’s) presence poses an immediate threat to the health or safety of children.

Designated Finding

After taking the relevant actions outlined in 10220 Determining if Additional Action is Needed for Central Registry Matches, CBCU staff review the investigation, and all items listed below, to determine if the designated perpetrator’s (DP’s) presence poses an immediate threat to the health or safety of children.

Reviewing the Investigation for Determination of Immediate Threat (DIT)

When reviewing the investigation, CBCU staff determine if the subject’s presence poses an immediate threat to the health or safety of children by considering the following factors:

1. nature and severity of the incident;
2. circumstances surrounding the incident;
3. seriousness of any injury to a child;
4. length of time since the incident occurred;
5. if there has been repeated abuse and neglect;
6. compliance history of the operation for the past five years;
7. current regulatory status of the operation;
8. role of the subject in the incident;
9. current position, role, and responsibilities of the subject; and
10. degree or immediacy of the threat or danger.

26 TAC Section 745.751 

10232 Requests for Determination of Immediate Threat

Revision 24-1, Effective Feb. 20, 2024

Procedure

Recommending a Determination of Immediate Threat (DIT)

If CBCU staff determine that the subject’s presence at the operation poses an immediate threat to the health or safety of children (10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat), CBCU staff follow steps in Form 2879a Procedures Based on Recommended Options, available on the CCR SharePoint site, then:

1. complete and email Form 2879 Central Registry Assessment and Recommendation, located on the CCR SharePoint site, and supporting documentation to a CBCU manager or designee; and
2. document the DIT recommendation and a summary of the assessment in the Information Specific to This Result section in CLASS.

If the CBCU manager or designee agrees with the request, the manager or designee emails the request and supporting documentation to the:

• Child Care Licensing Legal Enforcement Department;
• CBCU staff who made the recommendation;
• CCR monitoring inspector assigned to the operation; 
• CCR monitoring inspector’s supervisor; and
• the program administrator associated with the CCR monitoring inspector’s region.

Review of the Recommendation by Child Care Licensing Legal Enforcement Department

An Enforcement attorney for Child Care Licensing:

• reviews the request;
• determines if the DIT meets the criteria outlined in 26 TAC Section 745.751; and
• replies to all parties with the determination.

DIT is Supported by TAC

If the attorney determines the DIT meets the criteria, CBCU staff follow the steps in 10232.1 Processing a Determination of Immediate Threat.

DIT is Not Supported by TAC

If the attorney determines the DIT does not meet the criteria, CBCU staff process the decision by following the steps in 10233 Determining Subject’s Presence Does Not Pose Immediate Threat to Children.

Additional Consideration for Determination of Immediate Threat if the Subject is Associated with a Current or Prospective Foster or Adoptive Home

If the subject’s presence is determined to pose an immediate threat to children, CBCU staff follow up with the subject and the child-placing agency after due process is complete about the effect of the due process outcome on the background check, as appropriate.

References:

1430 Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library
7720 Hearings Concerning Child Abuse or Neglect Findings
10111 Overview of CCR Staff Responsibilities Related to Background Checks
10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat
10241 Notifying the Designated Perpetrator of the Central Registry Background Check Results and Offering Due Process 
10531 Types of Background Check Notifications

26 TAC Section 745.633

10232.1 Processing a Determination of Immediate Threat

Revision 24-1, Effective Feb. 20, 2024

Procedure

When CBCU staff and the Enforcement attorney for Child Care Licensing determine that the DIT meets the criteria in 26 TAC Section 745.751, CBCU staff do the following on the Central Registry Background Check Results page in CLASS:

1. In the Emergency Release Date field of the Results section, enter the date CBCU staff make the background check ineligible in CLASS.
2. In the Type of Abuse section:
   • verify, and if necessary, update the abuse information;
   • in the Finding Determination field, select MSV-Open Investigation or Pending Due Process; and
   • in the Can Be Present field, select No.
3. In the Information Specific to this Result section, document:
   • the determination that the subject’s presence poses an immediate threat to children;
   • a summary of the rational for the assessment;
   • the consultation and approval from the Enforcement attorney for Child Care Licensing; 
   • a summary of due process action needed and the CBCU staff who will send and track due process; and
   • any other relevant information.
4. Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct.
5. Upload to CLASS Document Library from the applicable CLASS page:
   • the completed Form 2879 Central Registry Assessment and Recommendation, available on the CCR SharePoint site;
   • supporting documentation; and 
   • consultation documentation.
6. Save the page by selecting the Save button.

After the above steps are complete, CBCU staff complete the steps in:

• 10241 Notifying the Designated Perpetrator of the Central Registry Background Check Results and Offering Due Process; and
• 10250 Responses to Due Process Offers 

References:

7720 Hearings Concerning Child Abuse or Neglect Findings 
10510 Types of Eligibility Determinations 
10531 Types of Background Check Notifications

10233 Determining Subject’s Presence Does Not Pose Immediate Threat

Revision 24-1, Effective Feb. 20, 2024

Procedure

When CBCU staff or an Enforcement attorney for Child Care Licensing determine a DIT is not supported by 26 TAC Section 745.751, CBCU staff do the following on the Central Registry Background Check Results page in CLASS:

1. In the Type of Abuse section:
   • verify, and if necessary, update the abuse information;
   • in the Finding Determination field, select MSV-Open Investigation or Pending Due Process; and
   • in the Can Be Present field, select Yes.
2. In the Information Specific to this Result section, document:
   • the determination that the subject’s presence does not pose an immediate threat to children;
   • a summary of the assessment;
   • any consultation with Child Care Licensing Legal Enforcement Department; 
   • a summary of the due process action needed and the CBCU staff who will send and track due process; and
   • any other relevant information.
3. Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct.
4. Upload the completed form 2879, supporting documentation, and consultation documentation to CLASS Document Library from the applicable CLASS page, if applicable.
5. Save the page by selecting the Save button.

After the above steps are complete, CBCU staff complete the steps in:

• 10241 Notifying the Designated Perpetrator of the Central Registry Background Check Results and Offering Due Process; and
• 10250 Responses to Due Process Offers 

References:

7720 Hearings Concerning Child Abuse or Neglect Findings
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications

10240 Notifications and Due Process for Designated Perpetrators

Revision 24-1; Effective Feb. 20, 2024

A background check subject with a Central Registry background check match for a designated finding has the right to request a due process hearing to challenge the finding.

CBCU staff notify the background check subject of the results and offer due process for designated findings made by DFPS Child Protective Investigations (CPI) and HHSC Provider Investigations.

DFPS staff offer and process due process for DFPS Child Care Investigation (CCI) findings. CBCU staff track due process for all designated findings and document the status of due process per 10242 Documenting Due Process in CLASS.

10241 Notifying the Designated Perpetrator of the Central Registry Background Check Results and Offering Due Process

Revision 24-1; Effective Feb. 20, 2024

CBCU staff offer due process to Designated Perpetrators (DPs) for a finding resulting from DFPS Child Protective Investigations (CPI) or HHSC Provider Investigations (PI). CBCU staff offer due process by sending the Central Registry Match Letter to Perpetrator to the DP. CBCU staff ensure the Central Registry Match Letter to Perp letter includes all applicable Central Registry History.

Note: If the DP is a minor, the Central Registry Match Letter to Perp must be sent to the parent or guardian. CBCU staff follow procedures in 10250 Responses to Due Process Offers if response is not received for the minor’s due process offer.

DFPS staff offer and complete due process for DPs with a finding resulting from DFPS Child Care Investigations (CCI). CBCU staff contact DFPS, if needed, when there is any delay in due process related to a DFPS CCI finding.

CBCU staff are responsible for:

• tracking due process offered by CBCU and DFPS staff; and
• documenting the status in CLASS.

Procedure

Designated Perpetrator (DP)

CBCU staff review the DP’s background check history to determine if the DP has:

• not been offered due process for each finding;
• been offered due process previously and requested a hearing; or
• been offered due process, but the time to request the hearing has not passed.

If the DP has not been previously offered due process for a finding resulting from an investigation conducted by DPFS CPI or HHSC PI, CBCU staff do the following:

• offer due process using Central Registry Match Letter to Perp; 
• summarize due process action taken in CLASS; and
• track and document due process status.

If the DP has been previously offered due process and has not requested due process, CBCU staff determine if the DP meets the criteria to be a sustained perpetrator (10222 Reviewing Prior Due Process Offers). If the DP does not meet the criteria, CBCU staff refer to the following chart:

Sending the Due Process Notification

CBCU staff notify the background check subject of the right to request the due process hearing by email if available, and regular and certified mail using the Central Registry Match Letter to Perp. CBCU staff send the notification per the following table:

CBCU staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for more details.

References:

10510 Types of Eligibility Determinations 
10531 Types of Background Check Notifications
Definitions of Terms for a definition of CPI, CCI and PI

40 TAC Sections 745.8837, 745.8839

10242 Documenting Due Process in CLASS

Revision 24-1; Effective Feb. 20, 2024

When CBCU staff offer due process to a designated perpetrator (DP) per 10240 Notifications and Due Process for Designated Perpetrators, CBCU staff document and track the offer until the DP requests due process or the time frame to request is exhausted. 

Procedure

When sending the notification and tracking the request for due process, CBCU staff document the following in the Information Specific to this Result section on the Central Registry Background Check Results page in CLASS:

• the method(s) of sending all due process notifications, including notifications that were resent;
• any communication relating to the due process offer; 
• receipt of due process requests;
• waiving of due process rights, either by non-response or written waiver;
• receipt of any returned mail, including certified mail green cards; and
• updates to the hearing request.

CBCU staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for additional details. 

10250 Response to Due Process Offers

Revision 24-1; Effective Feb. 20, 2024

Procedure

When CBCU staff send the due process notification (10241 Notifying the Designated Perpetrator of the Central Registry Background Check Results and Offering Due Process), CBCU staff are responsible for tracking the due process request to determine if the background check subject:

1. waives the right to the hearing in writing;
2. does not respond to the notification in a timely manner; or
3. requests the hearing in a timely manner.

DP Requests Due Process

When the subject requests due process, CBCU staff create digital files of the due process request, as needed, and forward the request by email to the docket clerk for the Child Care Licensing Legal Enforcement Department (10253 Actions Taken When a Due Process Hearing is Requested).

DP Does Not Respond to the Due Process Offer

If the background check subject does not respond to the notification within 45 days from CBCU sending the notification, the subject becomes a sustained perpetrator (SP). After the 45 days has passed, CBCU staff sustain the finding within 10 business days. CBCU staff update IMPACT and CLASS with the SP role information.

Exception if the DP is a minor: When a DP is a minor, CBCU staff only change the DP role to an SP role when a hearing is held or waived in writing. If due process is not requested, the minor remains a DP. The CBCU will re-offer due process to the DP when the results are received in Central Registry recheck and the DP is no longer a minor (10211 Processing Central Registry Recheck Results) or a new background check request is submitted. 

DP Waives the Right to Due Process

If the background check subject waives the right to a hearing in writing, CBCU staff update IMPACT and CLASS with the SP role information within 10 business days.

DP From a DPFS Child Care Investigation (CCI)

If the background check subject is a DP resulting from a DFPS Child Care Investigation (CCI), CBCU staff refer to 10241 Notifying the Designated Perpetrator of the Central Registry Background Check Results and Offering Due Process. 

CBCU staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for more details. 

References:

10251 Sustained Findings in DFPS Child Protective Investigations and HHSC Provider Investigations
10253 Actions Taken When a Due Process Hearing is Requested

10251 Sustained Findings in DFPS Child Protective Investigations and HHSC Provider Investigations

Revision 24-1; Effective Feb. 20, 2024

Procedure

Designated Perpetrator (DP) Does Not Respond to the Due Process Offer

After reviewing documentation about the tracking of due process and confirming the DP’S receipt of the notification, CBCU staff document sustaining the finding in CLASS and IMPACT as a comment in the Information Specific to this Result section in CLASS. 

If the DP match is a result of a DFPS Child Protective Investigation (CPI) or HHSC Provider Investigation (PI), and the subject does not request a due process hearing within the time frame, CBCU staff sustain the finding in IMPACT and CLASS per the CBCU Resource Guide, available on CCR SharePoint site.

The Designated Finding is Upheld

If the DP requests due process and the finding is upheld, DFPS CPI or HHSC Provider Investigations (PI) staff are notified of the due process decision. DFPS CPI or HHSC PI staff are responsible for updating the finding in IMPACT. CBCU staff verify whether the finding is sustained in IMPACT. After verifying the finding is sustained in IMPACT, CBCU staff update the finding in the background check results as a sustained finding and process the background check determination within three business days according to 10280 Handling Sustained Central Registry Background Check Results. 

CBCU staff upload any documentation related to the hearing decision, if applicable, to CLASS Document Library.

10252 Sustaining a DFPS Child Care Investigation Finding

Revision 24-1; Effective Feb. 20, 2024

Procedure

If the finding is the result of a DPFS Child Care Investigation (CCI) investigation, CBCU staff track due process by reviewing CLASS and IMPACT and updating the progress of any due process actions on the Central Registry Background Check Results page in CLASS as long as the background check remains open. When DFPS staff sustain a finding in IMPACT CBCU staff process the SP match per 10280 Handling Sustained Central Registry Background Check Results.

10253 Actions Taken When a Due Process Hearing is Requested

February 2021

10253.1 DFPS Child Protective Investigations or HHSC Provider Investigations

Revision 23-3; Effective Sept. 22, 2023

Procedure

After receiving a request for due process from the designated perpetrator (DP) (or the DP’s parent if the DP is a minor), CBCU staff upload the digital copies of the following to CLASS Document Library from the applicable CLASS page:

1. the hearing request;
   • the letter requesting the hearing and the envelope in which the letter was received, if applicable; or
   • the email requesting the hearing;
2. any letters notifying the DP of the right to request a hearing;
3. any returned mail;
4. any certified mail green cards; and
5. any additional documentation the background check subject provides with their request.

CBCU staff complete the Central Registry Background Check Results page in CLASS as follows:

1. in the Information Specific to this Result section document the request and any other needed information; and
2. in the Due Process Section:
   • change the Release Hearing Status field from “Choose” to “Requested”; and
   • in the Release Hearing Requested Date field record:
     • the date stamp on the envelope; or
     • the date of the email or fax.

After uploading the documents, CBCU staff emails the electronic copy of the letter and the envelope in which it was received to the docket clerk for the Child Care Licensing Legal Enforcement Department. The docket clerk determines whether the request is timely and valid and notifies CBCU staff of this determination.

When the docket clerk notifies CBCU staff the request is timely and valid, CBCU staff determine if the DP is eligible for a temporary risk evaluation and apply conditions if needed, as described in 10411 Temporary Risk Evaluation and 10510.3 Eligibility Determinations Which Include Conditions.

When the docket clerk notifies CBCU staff the request is not timely or valid, CBCU staff change the designated finding to a sustained finding as described in 10251 Sustaining Findings in a DFPS Child Protective Investigations and HHSC Provider Investigations and 10280 Handling Sustained Central Registry Background Check Results.

See:

1427  Using Scanned Documents and Other Digital Files as a Regulatory Tool
1430  Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431  Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432  Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library

10254 Role of the Child Care Licensing Legal Enforcement Department in Due Process Hearings and Related Actions

February 2021

Procedure

The docket clerk for the Child Care Licensing Legal Enforcement Department determines whether a request for a due process hearing is timely.

The docket clerk prepares records for cases that are assigned to an Enforcement attorney for Child Care Licensing.

The attorney prepares and presents each case. Preparation for the hearing includes gathering and analyzing relevant evidence and identifying and preparing witnesses. Preparing may also include resolving discovery and the handling of any open records requests. Presentation at hearings includes making legal arguments and examining witnesses.

10260 Temporary Risk Evaluation for a Central Registry Match

January 2022

CBCU staff offer a background check subject a temporary risk evaluation for a Central Registry match when:

• the Central Registry history is eligible for a risk evaluation according to 26 TAC §745.671(a)(7-8); and
• the subject has requested a due process hearing.

CBCU staff evaluate eligibility for a temporary risk evaluation and process the temporary risk evaluation according to 10411 Temporary Risk Evaluation and 10441 Risk Evaluation Reconsideration for New and Updated Background Check Results.

Exception for an Unverified Foster Home or an Unapproved Adoptive Home

Background check subjects who are foster or adoptive parents or household members at an unverified foster home or unapproved adoptive home are eligible for a temporary risk evaluation only when:

• DFPS has placed a child in the home; 
• DFPS plans to place a child in the home pending a background check decision; or
• an adoption is pending a background check decision. 

CBCU staff may consult with CPI staff or the HHSC Child Care Licensing Legal Enforcement Department to determine if a temporary risk evaluation is needed as a result of one of these exceptions.

26 TAC §§745.671; 745.683

See:

10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat 
10280 Handling Sustained Central Registry Background Check Results

10270 Due Process Hearing Results

January 2022

Upon completion of the background check subject’s due process and if the subject remains affiliated with an operation, CBCU staff process the background check results according to the due process decision documented in IMPACT and CLASS.

10271 Finding is Upheld in the Due Process Hearing

February 2021

Procedure

If the finding is upheld, staff in the HHSC Child Care Licensing Legal Enforcement Department take the following actions:

1. send a copy of the due process decision, order and instructions to the appropriate HHSC or DFPS division that conducted the investigation to update the abuse or neglect finding in the Central Registry and file the decision and order in the case record;
2. request that the role of the perpetrator be changed to a sustained perpetrator role in IMPACT;
3. provide CBCU staff with a copy of the order; and
4. notify CBCU staff of the due process decision and action to be taken in the matter.

After receiving the notification, CBCU staff do the following on the Central Registry Background Check Results page in CLASS:

1. In the Type of Abuse section, update the Perpetrator field to “Sustained Perpetrator.”
2. In the Information Specific to this Result and Overall Background Check sections, document;
   • the due process decision;
   • the subject is sustained; and
   • any other relevant information.
3. In the Due Process section, as needed, update:
   • the Release Hearing Status and associated date fields; and
   • the Admin Review Status and associated date fields.
4. Save the page by selecting the Save button.

CBCU staff process the sustained Central Registry result according to 10280 Handling Sustained Central Registry Background Check Results.

See: 7720 Hearings Concerning Child Abuse or Neglect Findings

10272 Finding is Overturned After a Due Process Hearing

February 2021

When an administrative law judge overturns the abuse or neglect finding after a due process hearing, CBCU staff update the Central Registry Background Check Results page in CLASS and send notifications to the operation and the subject of the background check.

Procedure

When a finding is overturned in the due process hearing, the Child Care Licensing Legal Enforcement Department staff take the following actions:

1. send a copy of the due process decision, order and instructions to the appropriate HHSC or DFPS division that conducted the investigation to remove the abuse or neglect finding from the Central Registry and file the decision and order in the case record;
2. request that the role of the perpetrator be changed in IMPACT, as appropriate; and
3. notify CBCU staff of the due process decision, the order and actions to be taken in the matter.

After receiving the notification from the Child Care Licensing Legal Enforcement Department, CBCU staff do the following on the Central Registry Background Check Results page in CLASS:

1. In the Results section, Change the “Match” to “Cleared.”
2. In the Information Specific to This Result and Overall Background Check sections, as needed, document;
   • the SOAH decision; and
   • any other relevant information.
3. In the Due Process section,
   • update the Admin Review Status and Release Hearing Status; and
   • the associated dates.
4. save the page by selecting the Save button.

After completing the above steps, CBCU staff send appropriate notifications to the subject and operation.

See:

10510 Types of Eligibility Determinations 
10531 Types of Background Check Notifications

10280 Handling Sustained Central Registry Background Check Results

February 2021

Procedure

A sustained perpetrator (SP) is a person in the Central Registry who no longer has the ability to challenge a finding of child abuse or neglect because:

1. the person waived all of the person’s due process rights by:
   • not timely requesting an administrative review and due process hearing; or
   • waiving those rights in writing; or
2. the finding is upheld after a due process hearing and any subsequent appeals.

After evaluating the destruction date and determining that the case does not meet the requirements for destruction (See: 10220 Determining If Additional Action is Needed for Central Registry Matches), CBCU staff determines if the subject is eligible for a risk evaluation, applies conditions to the subject’s presence, if needed, and processes the risk evaluation as described in 10400 Risk Evaluations.  

If the subject is eligible for a risk evaluation, CBCU staff do the following on the Central Registry Background Check Results page in CLASS:

1. In the Type of Abuse section:
   • verify and, if needed, correct the information for the finding;
   • select “MSV-Risk Evaluation Required” in the Finding Determination field; and
   • select “Yes” in the Can Be Present field.
2. In the Information Specific to this Result, document:
   • the risk evaluation eligibility, presence and conditions;
   • the due date for any additional information needed; and
   • any other relevant information.
3. Select the Preview the Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct.
4. Select the Finalize Match Determination button to complete the background check type eligibility.
5. Save the page by selecting the Save button.

After the above steps are complete, CBCU staff send appropriate notifications to the subject and the operation.

If the subject is not eligible for a risk evaluation, CBCU staff do the following on the Central Registry Background Check Results page in CLASS:

1. In the Type of Abuse section:
   • verify and, if needed, correct the information for the finding;
   • select “MSV-Barred” in the Finding Determination field; and
   • select “No” in the Can Be Present field.
2. In the Information Specific to this Result, document:
   • the ineligible determination; and
   • any other relevant information.
3. Select the Preview the Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct.
4. Select the Finalize Match Determination button to complete the background check type eligibility.
5. Save the page by selecting the Save button.

After completing these steps, CBCU staff send appropriate notifications to the subject and operation.

26 TAC §§745.671; 745.751

See:

7720 Hearings Concerning Child Abuse or Neglect Findings 
10510 Types of Eligibility Determinations 
10531 Types of Background Check Notifications

10290 Out-of-State Abuse and Neglect Background Checks

Revision 24-1, Effective Feb. 20, 2024

Out-of-state abuse or neglect background checks are to determine if the background check subject has any child abuse or neglect findings in another state or U.S. territory that would make the subject ineligible to be present at an operation or provisionally eligible pending a risk evaluation request and decision. The process for obtaining results varies by state or U.S. territory.

The background check subject’s eligibility determination becomes provisional when all other background check types are eligible or provisional and out-of-state background check request types are pending. 

The subject communicates with CBCU to complete out-of-state background check requests. CBCU staff document communication with the subject and other state agencies in the Information Specific to this Result section of the applicable Out-of-State Abuse and Neglect Background Check Results page in CLASS. 

Out-of-state abuse or neglect check results are valid for five years from the Date Submitted field for the first background check that included the state on the subject’s background checks. The results automatically copy into additional background checks until the results expire. If the out-of-state check is required after that time: 

• the out-of-state background check is resubmitted;
• the background check subject re-requests the search; and 
• CBCU staff follow 10291 Requesting Out-of-Sate Abuse and Neglect History Searches.

CBCU staff close a background check as noncompliant if the subject has not initiated out-of-state background checks on or before 45 days from the background check submission date (10510.41 Determination of Ineligible Due to Noncompliant Background Checks).

26 TAC Section 745.613

10291 Requesting Out-Of-State Abuse and Neglect History Searches

Revision 24-1, Effective Feb. 20, 2024

Procedure

If an out-of-state abuse or neglect background check is required, within 45 days from the submission date of the background check, the subject of the background check:

• provides the results of the search to CBCU staff; or
• requests CBCU staff initiate the search, if required by the state or U.S. territory as outlined in the Out-of-State Resource Guide for Child Care Employees and Foster and Adoptive Parents in Texas.

After the subject has requested the CBCU initiate the out-of-state search, CBCU staff:

• follow instructions to submit the request, as outlined in the CBCU Internal Out-of-State Resource Guide, available on the CCR SharePoint site; and
• work with the subject, operation, and the out-of-state agency, as needed, to get the results.

10292 Evaluating Results from Out-of-State Abuse and Neglect History Searches

Revision 24-1, Effective Feb. 20, 2024

Procedure

CBCU staff receive out-of-state abuse and neglect background check results from the applicable state agency, the subject or the operation. Within 10 business days, CBCU staff review the results to determine if the results meet the following requirements:

1. the documents have at least one of the following:
   • an official seal;
   • on letterhead from the providing agency, court or other official entity; or
   • details indicating that the search was completed by the appropriate state repository;
2. the name of the state searched is included;
3. the names and identifying information used to complete the search are included and are the same as information submitted for subject of the background check request; and
4. the completion date of the search is no older than the following, unless a CBCU manager has approved an exception:
   • six months before the Date Submitted for the background check, if the subject of the background check currently lives in Texas; or
   • 45 days before the Date Submitted for the background check, if the subject of the background check currently lives in the state searched.

If the results do not meet the requirements, they are rejected.

If the results meet the requirements, they are accepted.

CBCU staff upload electronic versions of any documents that support the background check decision to CLASS Document Library from the applicable CLASS page and follow the applicable procedures in:

• 10373 Rejecting Out-of-State Criminal History Results; or
• 10374 Acting on Accepted Out-Of-State Criminal History Results.

References: 

1427 Using Scanned Documents and Other Digital Files as a Regulatory Tool
1430 Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431 Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library

10293 Rejecting Out-of-State Abuse and Neglect Background Check Results

Revision 24-1, Effective Feb. 20, 2024

Procedure

When CBCU staff reject out-of-state abuse and neglect search results, CBCU staff communicate with the subject by email or phone and provide the reason(s) for the rejection.

Next, CBCU staff document the following on the correct state’s Out-of-State Abuse and Neglect Background Check Results page in CLASS in the Information Specific to This Result section:

• the information received;
• the reason for the rejection; and
• communication with the subject. 

10294 Acting on Accepted Out-of-State Abuse and Neglect Results

Revision 24-1, Effective Feb. 20, 2024

After receiving the results, CBCU staff document and process the results to make an eligibility determination of eligible, ineligible or provisionally eligible, as appropriate.

References: 

10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications

26 TAC Section 745.613

10294.1 Background Check Subject Has an Out-of-State Abuse or Neglect Registry Match

Revision 24-1, Effective Feb. 20, 2024

Procedure

CBCU staff may consult with an Enforcement attorney for Child Care Licensing as needed to determine if the subject is ineligible or provisionally eligible to be present because of an out-of-state abuse or neglect registry match.

Based on the information in the results and any legal guidance from the Child Care Licensing Legal Enforcement Department, CBCU staff determine if the subject is eligible, ineligible, or eligible for a risk evaluation. If the subject is eligible for a risk evaluation, staff follow the procedure in 10400 Risk Evaluations.

CBCU staff document out-of-state abuse and neglect history and send notifications to the subject and operation, as applicable, within three business days of receiving the accepted results. If a consultation is needed, CBCU staff send the notification within two business days of completing the consultation.

If the search for a requested state does not include abuse or neglect history, staff follow the procedures in 10294.2 Background Check Subject Does Not Have an Out-Of-State Abuse or Neglect Registry Match.

Documenting Results

On the correct state’s Out-of-State Abuse and Neglect Background Check Results page in CLASS, CBCU staff do the following:

1. In the Results section:
   • change the Status field to Match; and
   • enter the date the result was received into the Date Received field.
2. In the Abuse/Neglect Findings section, create a row for each finding with the correct selections.
3. In the Information Specific to this Result section document:
   • the decision for each finding included in the results rows;
   • the determination of the out-of-state history, the subject’s ability to be present at the operation, and any conditions based on the determination;
   • any consultation with the Child Care Licensing Legal Enforcement Department;
   • any action required by the subject and operation and the due date provided in the notification; and
   • a summary of any other relevant information.
4. Select the Preview Match Determination button to verify the Match Determination and Can Be Present selections are correct. If the selections are incorrect, make corrections until the selections are correct.
5. Select the Finalize Match Determination button to complete the eligibility determination.
6. Save the page by selecting the Save button.

CBCU staff send appropriate notifications to the subject and operation, after the above steps are complete.

CBCU staff upload electronic copies of the out-of-state records search to CLASS Document Library from the applicable CLASS page.

Staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for more details.

Notifications

After completing the above steps for each out-of-state background check requested that includes abuse or neglect history, CBCU staff send appropriate notifications to:

• the subject (10540 Background Check Notifications Sent to the Subject of the Background Check); and
• the operation (10533 Background Check Notifications Sent to the Operation and 10533.1 Additional Information Sent to a Child-Placing Agency).

Staff ensure manual notifications:

• include all applicable out-of-state abuse or neglect results; and
• provide a due date for risk evaluation or other information needed.

References:

1427 Using Scanned Documents and Other Digital Files as a Regulatory Tool
1430 Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431 Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library 
10510 Types of Eligibility Determinations 
10531 Types of Background Check Notifications

10294.2 Background Check Subject Does Not Have an Out-of-State Abuse or Neglect Registry Match

Revision 24-1, Effective Feb. 20, 2024

Procedure

Within two business days of receiving an out-of-state result and determining the subject does not have abuse or neglect history in the state, CBCU staff update that state’s Out-of-State Abuse and Neglect History Background Check Results page in CLASS.

On the correct state’s Out of State Abuse and Neglect Background Check Results page in CLASS, CBCU staff take the following steps:

1. In the Results section:
   • change the Status field to cleared; and
   • enter the date the result was received into the Date Received field in the Results section.
2. In the Information Specific to This Result section, document;
   • a summary of the information received; 
   • any consultation with the Child Care Licensing Legal Enforcement Department; 
   • a summary of any information used in the evaluation from prior background checks; and
   • a summary of any other relevant information.
3. Saves the page by selecting the Save button.

After completing the above steps for each requested state that does not have abuse or neglect history, and if there are no other background check results that have a match, CLASS sends the eligible notification to the background check subject and the operation.  If a risk evaluation is required for any other background check type and all out-of-state background checks are completed, CBCU staff process a risk evaluation according to 10400 Risk Evaluation.

If the search for a requested state includes abuse or neglect history, CBCU staff follow the procedures in 10294 Acting on Accepted Out-of-State Abuse and Neglect Results.

Staff refer to the CBCU Resource Guide, available on CCR SharePoint site, for more details.

References:

1427 Using Scanned Documents and Other Digital Files as a Regulatory Tool
1430 Documenting and Storing Photographs, Video, Audio, Scanned Documents and Other Digital Files
1431 Documenting Photographs, Video, Audio, Scanned Documents and Other Digital Files
1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library 
10510 Types of Eligibility Determinations 
10531 Types of Background Check Notifications