10200, Central Registry and Out-of-State Abuse and Neglect Background Checks

February 2021

The purpose of the Central Registry background checks is to determine if the background check subject has any alleged, designated, or sustained abuse or neglect findings that make the background check 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, according to 26 TAC 745.671. All background check subjects must have a Central Registry background check completed.

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.

Texas Human Resources Code §§42.044542.05642.15942.206

26 TAC 745, Subchapter F, Background Checks

See:
Definitions of Terms
10112 Types of Background Checks

 

10210 Reviewing Results from a Central Registry Search

February 2021

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 contains all possible matches for the subject.

If there are no potential matches, the status of the Central Registry Background Check Result is automatically set to “Cleared” in CLASS.

If there are potential matches, 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:

The Possible Match is What to Select on the Central Registry Possible Match Results Page in CLASS Which Status to Select in the Result Section of the Central Registry Background Check Results Page in CLASS Next Step
The same person as the subject of the background check, Accept Match CBCU staff proceed to 10220 Determining if Additional Action is Needed for Central Registry Matches.
A different person from the subject of the background check, Reject N/A None. CBCU staff have finished processing the possible match.
Unclear because there is not enough information to determine whether the person listed in the IMPACT search results is the same person as the subject of the background check, Undetermined Possible Match

CBCU staff:

  • conduct additional research until a match can be determined or ruled out; and
  • update the Results section of the Central Registry Background Check Results page to “Match” or “Cleared” based on the final determination.

Texas Human Resources Code §§42.044542.05642.15942.206

 

10211 Processing Central Registry Recheck Results

May 2021

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 any and all possible matches for the subject.

When a recheck returns possible matches, CBCU staff:

  • review each possible match result;
  • determine if each match is for the background check subject according to 10210 Reviewing Results from a Central Registry Search; and
  • review all results received and finalize the match determination as soon as possible but no later than five business days, unless additional time is needed to complete the actions required to finalize the match determination.

 

10220 Determining if Additional Action is Needed for Central Registry Matches

February 2021

Procedure

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

Finding Consider Action if "Yes" Action if "No"
Designated finding Destruction Date: Is the match related to a finding in a case that is eligible for destruction?

CBCU staff clears the match by taking the following steps on the Central Registry Background Check Results page in CLASS:

  • Change the Status field from “Match” to “Cleared” in the Results section.
  • Document the reason for the change as a comment in the Information Specific to this Result section.
CBCU staff considers preponderance review.
Designated finding Preponderance Review: Is the match related to an unsustained finding made before April 16, 1999? CBCU staff requests the preponderance review and takes action based on the review as described in 10221 Preponderance Reviews for Unsustained Findings Made Before April 16, 1999. CBCU staff considers whether the finding should be sustained.
Sustained Finding Sustained Finding: Is the match related to a designated finding that should be a sustained finding based on prior due process actions? (See: 10222 Reviewing Prior Due Process Offers) CBCU staff takes action to change the finding to a sustained finding and process according to 10222.2 Acting on Due Process Review. CBCU staff assesses the finding according to 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat.
Sustained Finding Destruction Date: Is the match related to finding in a case that is eligible for destruction?

CBCU staff clears the match taking the following steps on the Central Registry Background Check Results page in CLASS:

  • Change the Status field from “Match” to “Cleared” in the Results section.
  • Document the reason for the change as a comment in the Information Specific to this Result section.
CBCU staff change the finding to a sustained finding according to 10251 Sustaining Findings in DFPS Child Protective Investigations and HHSC Provider Investigations and 10252 Sustaining a DFPS Child Care Investigation Finding.
Allegation of abuse or neglect against the subject Open Investigation: Is the match related to an open investigation? CBCU staff determines whether to assess the match to determine if the subject’s presence is an immediate threat to the health or safety of children or to track the investigation for closure according to 10223 Reviewing Open Investigations and DFPS Alternative Response Cases. No action is needed (the match would be a designated or sustained finding).
Subject is involved in an open alternative response case Alternative Response Case: Is the match related to the subject being involved in an open alternative response case? Track the case for progression to an investigation of abuse, neglect or exploitation against the subject according to 10224 Tracking Open Investigations and DFPS Alternative Response Cases. No action is needed (the match would be for an open investigation or designated or sustained finding).

 

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

February 2021

Procedure

Once DFPS CPI or HHSC PI staff notify CBCU staff of the results of the preponderance review, CBCU staff take the following action as outlined in the chart below:

Result of the Review Action
The preponderance of evidence standard is not met,

CBCU staff:

  • change the Status field from “Match” to “Cleared” in the Results section of the Central Registry Background Check Results page;
  • document the result of the review as a comment in the Information Specific to this Result section on the Central Registry Background Check Results page in CLASS; and
  • take no further action regarding the result.
The preponderance of evidence standard is met,

CBCU staff:

  • document the result of the review as a comment in the Information Specific to this Result section on the Central Registry Background Check Results page in CLASS; and
  • follow procedures outlined in 10222 Reviewing Prior Due Process Offers.

 

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

February 2021

Procedure

If the finding should be sustained, CBCU staff:

  • update the match in CLASS and process the match as a sustained finding (See: 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 whether the subject’s presence would present an immediate threat to the health or safety of children (See: 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat).

See:
10240 Notifying the Alleged or Designated Perpetrator of the Central Registry Results
Definitions of Terms for the definition of CCI and CPI

 

10223 Reviewing Open Investigations and DFPS Alternative Response Cases

February 2021

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:

Case or Investigation Type CBCU Staff Action
DFPS Child Protective Investigation (CPI) or HHSC Provider Investigation (PI)

If the allegation is physical abuse, sexual abuse, labor trafficking, sex trafficking, child fatality or near child fatality, assess immediate threat to the health or safety of children (See: 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat).

If the allegation is emotional abuse or any type of neglect, track the investigation for closure as long as the background check remains open (See: 10224 Tracking Open Investigations and DFPS Alternative Response Cases for Closure).

DFPS Child Care Investigation (CCI)

If the operation submitting the background check request and the operation that is subject to investigation are different operations, and the allegation is physical abuse, sexual abuse, labor trafficking, sex trafficking, child fatality or near child fatality, assess immediate threat to the health of safety of children (See: 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat).

If the operation submitting the background check request and the operation that is subject to investigation are different operations, and the allegation is emotional abuse or any neglect, track the investigation for closure as long as the background check remains open (See: 10224 Tracking Open Investigations and DFPS Alternative Response Cases for Closure).

If the operation submitting the background check request and the operation that is subject to the investigation are the same operation, track the investigation for closure as long as the background check remains open (See: 10224 Tracking Open Investigations and DFPS Alternative Response Cases for Closure). CBCU staff is notified by CCI staff if it is determined the subject’s presence presents an immediate risk to the health or safety of children.

Alternative Response Track for case closure as long as the background check remains open (See: 10224 Tracking Open Investigations and DFPS Alternative Response Cases for Closure).

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

 

10224 Tracking Open Investigations and DFPS Alternative Response Cases for Closure

April 2022

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;
      • “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 case 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 periodically check the status of an open investigation or alternative response case 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 according on the following table:

Investigation or Case Being Tracked Investigation or Case Conclusion CBCU Action
Open Investigation Investigation results in a Reason to Believe (RTB) finding against the subject (subject becomes a designated perpetrator). Assess the designated finding for determination of immediate threat to the health or safety of children according to 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat.
Open Investigation Investigation does not result in RTB finding against the subject.

CBCU staff:

  • change the Status field from “Match” to “Cleared” in the Results section of the Central Registry Background Check Results page;
  • document the reason for clearing the match as a comment in the Information Specific to this Result section on the Central Registry Background Check Results page in CLASS; and
  • take no further action regarding the result.
Alternative Response Case Case does not progress to an investigation.

CBCU staff:

  • change the Status field from “Match” to “Cleared” in the Results section of the Central Registry Background Check Results page;
  • document the reason for clearing the match as a comment in the Information Specific to this Result section on the Central Registry Background Check Results page in CLASS; and
  • take no further action regarding the result.
Alternative Response Case Case progresses to an investigation (subject becomes an alleged perpetrator). Determine whether to assess the alleged finding for immediate threat or track the open investigation according to 10223 Reviewing Open Investigations and DFPS Alternative Response Cases.

See:
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

May 2021

Procedure

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

If CBCU staff determine that a previous background check does not include all results, the staff adds any missing results according to the Documenting Central Registry Results Job Aid available on the CCR SharePoint site and notifies any other CBCU staff as needed.

 

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

May 2021

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 determine whether the subject’s presence at the operation presents an immediate threat to the health or safety of children according to 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;
  • if the subject is eligible to be present at the operation pending the outcome of the risk evaluation; and
  • if 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 according to 10441 Risk Evaluation Reconsideration for New and Updated Background Check Results.

26 TAC §745.671745.751

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

 

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

February 2021

A background check subject who has an unsustained Central Registry background check match has the right to request a due process hearing to challenge each finding. Under certain circumstances, CBCU staff may make an ineligible determination for a match related to:

  • an alleged perpetrator role prior to the subject becoming a designated perpetrator; or
  • a designated perpetrator role prior to 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 to determine whether 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

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. whether there has been repeated abuse and neglect;
  6. compliance history of the operation;
  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 §745.751

 

10232 Requests for Determination of Immediate Threat

February 2021

Procedure

Recommending a Determination of Immediate Threat

If CBCU staff determine that the subject’s presence at the operation poses an immediate threat to the health or safety of children (See: 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat), CBCU staff:

  1. complete and then email Form 2878 Request for Emergency Release, located on the CCR SharePoint site, and supporting documentation to a CBCU manager or designee; and
  2. document the request 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; and
  • CCR monitoring inspector’s supervisor.

Review of the Recommendation by Child Care Licensing Legal Enforcement Department

An Enforcement attorney for Child Care Licensing:

  • reviews the request;
  • approves or denies the request; and
  • replies to all parties with the approval or denial.

Approval of the Request

If the attorney approves the request, CBCU staff follow the steps in 10232.1 Processing an Approved Determination of Immediate Threat.

Denial of the Request

If the attorney denies the request, CBCU staff process the denial 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 the investigation is complete regarding the effect of the investigation outcome on the background check, as appropriate.

26 TAC §745.633

See:
7720 Hearings Concerning Child Abuse or Neglect Findings
10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat
10240 Notifying the Alleged or Designated Perpetrator of the Central Registry Background Check Results
10531 Types of Background Check Notifications

 

10232.1 Processing an Approved Determination of Immediate Threat

February 2021

Procedure

When CBCU staff and the Enforcement attorney for Child Care Licensing determine that the subject’s presence at the operation poses an immediate threat to health or safety, 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 the determination of immediate approval is entered into CLASS.
  2. In the Type of Abuse section:
    • verify, and if necessary, update the abuse information;
    • in the Finding Determination field, select “MSV-Barred”; and
    • in the Can Be Present field, verify “No” is automatically selected.
  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; 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. Save the page by selecting the Save button.

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

  • 10240 Notifying the Alleged or Designated Perpetrator of the Central Registry Background Check Results; and
  • 10250 Due Process Hearing Actions.

See:
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

February 2021

Procedure

When CBCU staff or an Enforcement attorney for Child Care Licensing determine that the subject’s presence at the operation does not pose an immediate threat to the health or safety of children, 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; 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. Save the page by selecting the Save button.

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

  • 10240 Notifying the Alleged or Designated Perpetrator of the Central Registry Background Check Results; and
  • 10250 Due Process Hearing Actions.

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

 

10240 Notifying the Alleged or Designated Perpetrator of the Central Registry Background Check Results

February 2021

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

Procedure

Alleged Perpetrator (AP)

CBCU staff notify the AP of the background check determination by sending the Match Letter - Subject to provide the background check eligibility determination and information relating to the match.

Designated Perpetrator (DP)

CBCU staff review the DP’s background check history to determine if the DP has been offered due process previously and is awaiting a hearing or if the time to request the hearing has not yet passed.

If the DP has been previously offered due process and does not meet the criteria to be a sustained perpetrator (See: 10222 Reviewing Prior Due Process Offers), CBCU staff send the Match Letter – Subject to provide the background check eligibility determination and information relating to the match to the DP.

If the DP has not been previously offered due process, CBCU staff use the following chart to determine whether to notify the DP of the determination and offer due process:

Investigation Conducted By: CBCU Staff Action:
DFPS Child Protective Investigation (CPI) or HHSC Provider Investigation (PI)

CBCU staff notify the DP of the eligibility determination and offers due process by sending the DP the Central Registry Match Letter to Perp.

Exception: If the DP is a minor, the Central Registry Match Letter to Perp must be sent to the parent or guardian. The parent or guardian can request the hearing for a DP who is a minor. (See: 10270 Due Process Hearing Results)

DFPS Child Care Investigation (CCI) CBCU staff do not offer due process. If due process has not been offered, CBCU staff contact the DFPS CCI investigator for updates on the due process status as long as the DP’s background check remains open.

40 TAC §§745.8837745.8839

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

 

10250 Due Process Hearing Actions

January 2022

Procedure

When CBCU staff send the due process notification (See: 10240 Notifying the Alleged or Designated Perpetrator of the Central Registry Background Check Results), 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.

The background check subject (or parent or guardian if the subject is a minor) requests due process according to 7730 Due Process Hearings. CBCU staff forward the due process request to the docket clerk for the Child Care Licensing Legal Enforcement Department. (See 10253 Actions Taken When a Due Process Hearing is Requested.)

If the subject waives the right to the hearing or does not respond to the notification in a timely manner, the subject becomes a sustained perpetrator (SP). CBCU staff update IMPACT and CLASS with the SP role information.

Exception: When DFPS Child Care Investigations (CCI) staff send the due process notification, CBCU staff are not responsible for tracking the due process or updating due process actions and decisions in CLASS and IMPACT. CBCU staff monitor CLASS and IMPACT for updates from CCI staff and contact CCI staff for updates, as needed.

Documenting Due Process Status

For all Central Registry background check matches, CBCU staff document the status of the due process on the Central Registry Background Check Results page.

 

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

February 2021

Procedure

If the designated perpetrator (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, then the finding is sustained and CBCU staff:

  • change the subject’s role from DP to sustained perpetrator (SP) in IMPACT (see 7722 Sustaining a Perpetrator in IMPACT);
  • update the Central Registry Background Check Results page in CLASS; and
  • follow the policies and procedures in 10280 Handling Sustained Central Registry Background Check Results.

Exception if the DP is a minor:  When a DP is a minor, the CBCU staff only change the DP role to an SP role when a hearing is held.

 

10252 Sustaining a DFPS Child Care Investigation Finding

February 2021

Procedure

If the finding is the result of a DPFS Child Care Investigation (CCI) investigation, CBCU staff monitor CLASS and IMPACT and update 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. The monitoring inspector assigned to the operation notifies CBCU staff when a subject’s due process is complete and the subject’s role becomes a sustained perpetrator (SP). CBCU staff process the SP match according to 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

January 2022

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 retain an electronic copy of the following in the applicable folder on the CCR share drive:

  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; and
  4. any certified mail green cards.

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 scanning and saving the request letter, CBCU staff send 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.

 

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 §§745.671745.683

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 §§745.671745.751

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

February 2021

The purpose of the out-of-state abuse or neglect background checks is 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.

26 TAC §745.613

 

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

February 2021

Procedure

If an out-of-state abuse or neglect background check is required, CBCU staff:

If the state requires HHSC to submit the request as the requesting agency, CBCU staff follow instructions outlined in the internal document saved on the CCR share drive, Out-of-State Resource Guide.

Out-of-state abuse and neglect background check results are valid for five years from the Date Submitted column for the first background check that included the state on the subject’s Background Check History page in CLASS. The results automatically copy over into additional background checks until the results expire, at which time the out-of-state abuse and neglect search must be re-requested if the check is still required.

 

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

May 2021

Procedure

After receiving out-of-state abuse and neglect background check results from the applicable state agency or the subject, CBCU staff review the documents to determine whether the results meet the following requirements:

  1. the documents have a seal, are on letterhead and/or have 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 prior to the Date Submitted for the background check, if the subject of the background check currently lives in Texas; or
    • 45 days prior to 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 considered to be rejected; CBCU staff save an electronic copy of the document(s) on the CCR share drive and follow procedures in 10293 Rejecting Out-of-State Abuse and Neglect Background Check Results.

If the results meet the requirements, they are considered to be accepted; CBCU staff save an electronic copy of the document(s) on the CCR share drive and follow procedures in 10294 Acting on Accepted Out-of-State Abuse and Neglect Results.

 

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

February 2021

Procedure

When CBCU staff reject out-of-state abuse and neglect search results, CBCU staff communicate with the subject by either email or telephone 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;
  • communication with the subject; and
  • the location of the saved document.

 

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

February 2021

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

See: 10510 Types of Eligibility Determinations

 

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

February 2021

Procedure

CBCU staff may consult with an Enforcement attorney for Child Care Licensing to determine if the subject is ineligible or provisionally eligible to be present as a result 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 for a risk evaluation and process the risk evaluation as described in 10400 Risk Evaluations.

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”;
    • 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:
    • any consultation with the Child Care Licensing Legal Enforcement Department;
    • risk evaluation eligibility, presence and conditions;
    • the due date for any additional information needed;
    • the location of electronic copy of the results; 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. Select the Finalize Match Determination button to complete the eligibility determination.
  6. Save the page by selecting the Save button.

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

See:
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

February 2021

Procedure

To document when a subject does not have and out-of-state abuse or neglect match for a state, CBCU staff do the following on the correct Out of State Abuse and Neglect Background Check Results page in CLASS:

  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;
    • the information received; and
    • the location of the electronic copy of the results.
  3. Saves the page by selecting the Save button.

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

See:
10510 Types of Eligibility Determinations
10531 Types of Background Check Notifications