10500, Eligibility Determinations, Employment Status and Notifications

February 2021

Eligibility Determinations

After processing background check results from all the required background check types requested for a background check subject, CBCU staff make an eligibility determination based on the results received. The eligibility determination indicates if the subject can be present at the operation and whether any conditions have been applied to protect the health or safety of children in care at the operation.

Employment Status

A subject’s employment status of “active,” “inactive” or “pending” is determined by processing the background check types, the eligibility determination and whether the subject’s role has been inactivated.

Notifications

CBCU staff send background check notification to provide:

  1. an eligibility determination due to:
    • receipt of results from the requested background check types (See: 10510 Types of Eligibility Determinations);
    • updates to existing results (See: 10331 Acting on New and Updated Criminal History Results); and
    • closure of noncompliant background checks (See: 10510.41 Determination of Ineligible Due to Noncompliant Background Checks);
  2. reminders to assist operations in maintaining background check compliance (See: 10534 Other Background Check Notifications Sent to the Operation); and
  3. instructions to the background check subject outlining the actions needed to complete a background check (See: 10541 Other Background Check Notifications Sent to the Subject of the Background Check).

 

10510 Types of Eligibility Determinations

April 2022

An eligibility determination addresses whether a subject is eligible to be present at a child care operation based on:

  • the status of the subject’s background check;
  • the background check types processed; and
  • whether conditions apply to the subject’s presence.

The eligibility determination is calculated in CLASS based on the processing of the results received.

There are five possible eligibility determinations for a background check submission:

Eligibility Determination Presence at the Operation Valid Period
Pending The subject may not be present at the operation. This determination is valid at the beginning of the background check. As the background check types are processed, the eligibility determination is updated.
Eligible The subject may be present at the operation. This determination is valid until the next renewal period (two or five years) unless CBCU receives new or additional information that changes the determination.
Ineligible The subject may not be present at the operation. This determination is permanent unless CBCU receives new or updated information that changes the determination.
Provisional The subject may be present at the operation but under specific, standard conditions the CBCU placed on the subject’s presence. This determination is time limited and will be updated to one of the other eligibility determinations once the background check has been completed (for example, out-of-state checks have been completed, a risk evaluation decision has been made or due process of a Central Registry finding has been resolved).
Eligible with Conditions The subject may be present at the operation, under specific conditions. The conditions CBCU places on the subject’s presence are made with a risk evaluation decision. This determination is valid until the next renewal period (two or five years), unless the CBCU receives new or additional information that changes the determination.

The following are the standard conditions for the eligibility determination of provisional:

  1. This person must never be left in charge of the operation.
  2. This person must never be left alone with a child or group of children in the care of or enrolled in your operation, including during transportation.
  3. This person may only be supervised by a person with no conditions regarding his or her presence at the operation.
  4. This person must never be allowed to transport children in the care of or enrolled in your operation during hours of operation.
  5. This person must never be responsible for financial transactions at your operation.
  6. This person must never be allowed to administer medication to children in the care of your operation, except for in a medical emergency to prevent the death or serious bodily injury of a child.
  7. This person must never be allowed to supervise caregivers or volunteers or employees who have access to children.

26 TAC §§745.601; 745.629; 745.635

 

10510.1 Background Check Type Eligibility

February 2021

CLASS calculates eligibility for a particular background check type based on the selections made by CBCU staff processing the background check type. The background check type eligibility is located in the BGC Type Eligibility column in the Background Check Results section of the subject’s Background Check Results History page in CLASS.

 

10510.2 Overall Background Check Eligibility

February 2021

CLASS calculates a subject’s overall background check eligibility based on the status of requested background check types and the processing of results received for each type. CLASS determines overall background check eligibility based on the most restrictive eligibility for the background check types requested. A subject’s eligibility:

  • identifies the subject’s ability to be present at the operation and any conditions placed on the subject’s presence;
  • is provided to the operation and the subject through the applicable background check notifications; and
  • is located:
    • in the Eligibility column in the Operation Background Check History section of the Background Check Results History page in CLASS; and
    • on the Background Check History page of the provider’s Child Care Licensing account.

26 TAC §745.629

 

10510.3 Eligibility Determinations Which Include Conditions

February 2021

Under certain circumstances when a subject is eligible to be present at the operation, CBCU staff place conditions on the subject’s presence to protect the health or safety of children. CBCU staff place conditions on a subject’s presence when:

  • a risk evaluation is approved with conditions;
  • a background check result includes a minimum standard violation that is relevant to a condition or restriction already placed on the subject’s presence at the operation; or
  • any of the following is pending:
    • the subject’s out-of-state criminal history check or out-of-state child abuse or neglect registry check;
    • the outcome of a risk evaluation for eligible criminal conviction(s), child abuse and neglect finding(s) or crime(s) for which the subject has been arrested or charged; or
    • receipt of requested court documentation for a crime that:
      • is eligible for a risk evaluation; and
      • would allow the subject to be present at the operation pending the outcome of a risk evaluation.

The operation must comply with conditions placed on the subject’s presence. If the operation does not comply with conditions, CCR may amend the conditions, rescind a risk evaluation decision (if applicable) or take enforcement action.  

26 TAC §§745.631745.637

See:
7400 Corrective Action
7500 Administrative Penalties
10430 Making a Risk Evaluation Decision
10510 Types of Eligibility Determinations

 

10510.4 Determinations of Ineligible

February 2021

The subject and the operation receive an “ineligible” determination when:

  1. a background check result indicates the subject is ineligible to be present; or
  2. the subject fails to complete all background check types timely.

After an operation is notified of an “ineligible” determination, the operation must:

  1. immediately remove the subject from the operation or otherwise discontinue the subject’s affiliation with the operation; and
  2. inactivate the subject within seven days of the subject no longer being affiliated with the operation.

26 TAC §745.651

 

10510.41 Determination of Ineligible Due to Noncompliant Background Checks

February 2021

A subject has 45 days from the date the background check request is submitted to complete all background check types and provide any additional information. CBCU staff close a background check that is not completed timely. A subject’s eligibility determination becomes ineligible when CBCU staff close the background check. CBCU staff may extend the due date to allow completion of out-of-state checks, if appropriate.

Procedure

A background check becomes overdue when the background check subject does not:

  • complete all background check types;
  • provide required court documents; or
  • respond to a notification requiring risk evaluation.

When closing a background check, CBCU staff:

  1. document the reason for the closure;
  2. update applicable fields on the background check results page;
  3. provide the “ineligible” determination notification and Match Letter – Subject, as appropriate; and
  4. inactivate the subject at the operation, if needed.

26 TAC §§745.627745.639

See: 10430 Making a Risk Evaluation Decision.

10520 Employment Status

February 2021

CBCU staff determine employment status in CLASS based on the processing of background check types, the eligibility determination and whether the subject has been inactivated.

The chart below lists the different employment statuses and indicates whether the subject may be present at the operation:

Employment Status Description May the Subject be Present?
Pending

This employment status applies to a subject:

  • for whom CBCU staff has not yet made an eligibility determination; or
  • whom CBCU staff has determined to be ineligible to be present at the operation, but the operation has not yet inactivated the subject on the Background Check History page of the operation’s Child Care Licensing account page.
No
Active

This employment status applies to a subject:

  • who is associated with the operation; and
  • whom CBCU staff has determined to be eligible to be present at the operation, either with or without conditions.
Yes, and the operation must comply with any conditions that are placed on the subject’s presence. (See: 10510 Types of Eligibility Determinations)
Inactive

This employment status applies to a subject whom:

  • the operation has inactivated on the Background Check History page of the operation’s Child Care Licensing account; or
  • CBCU staff has determined to be ineligible because the subject did not complete the background check timely and CBCU staff has closed the background check.
No

See:
10510.41 Determination of Ineligible Due to Noncompliant Background Checks
10720 Inactivating a Subject’s Role or Employment

 

10530 Background Check Notifications

February 2021

The chart below outlines the notifications CBCU staff send to the subject of the background check and to the operation:

Notification Sent to
Background check results Subject of the background check and the operation
Actions the subject must take to complete background check types Subject of the background check
Closure of incomplete background checks Subject of the background check and the operation
Actions the operation must take to maintain certain aspects of background check compliance The operation

See:
10533 Background Check Notifications Sent to the Operation
10534 Other Background Check Notifications Sent to the Operation
10540 Background Check Notifications Sent to the Subject of the Background Check
10541 Other Background Check Notifications Sent to the Subject of the Background Check

 

10531 Types of Background Check Notifications

February 2021

A notification is created one of two ways:

  • automatically by CLASS when certain conditions are met; or
  • manually by CBCU staff using a template to create the notification.

All notifications for the subject can be viewed, sent or resent from the subject’s Notification History page in CLASS. Copies of all notifications created for the operation are stored in the Forms and Letters page in CLASS.

Manual Notifications

CBCU staff create manual notifications using templates in CLASS. Manual notifications communicate specific background check information to the subject, the operation or another authorized recipient.

The following table describes each of manual notifications:

Notification Title Recipient Purpose
Background Check Match Letter – 2853, 2891 Operation Communicates a subject’s background check results to a child placing agency when the requested subject’s role is foster and/or adoptive parent or household member.
Risk Evaluation Decision to Operation – Conditional Operation Communicates the risk evaluation decision to the operation when approved with conditions.
Match Letter - Subject Subject Communicates a subject’s background check results to the subject.
Central Registry Match Letter to Perp Subject Offers due process to a subject with Central Registry findings of abuse/neglect that are unsustained.
Risk Evaluation Decision to Subject - Conditional/Denied Subject Communicates the risk evaluation decision to the subject.
HHSC Letterhead Operation, Subject or Other Person Communicates any unique background check information for which a template is not available.

System-Generated Notifications

CLASS creates and sends system-generated notifications to communicate background check status information to the subject and operation and to remind the operation or subject of any additional required actions to complete. The type of notification generated depends on the information being communicated.  

The following table describes each of the system-generated notifications:

Notification Title Recipient Purpose
Employment Eligibility Notification Operation Notifies the operation that the subject is eligible to be associated with the operation in the requested role.
Employment Ineligibility Notification Operation Notifies the operation that the subject is ineligible to be associated with the operation in the requested role and includes a notice of the requirement to inactivate the subject.
Provisional Notification Operation Notifies the operation that the subject is eligible to be associated with the operation in the requested role on a provisional basis with standard provisional eligibility conditions.
Employee List Validation Operation Notifies the operation to validate its employee list within 30 days of receiving the notification.
Background Check Renewal Due Operation Notifies the operation that a background check renewal is due in 30 days. (i.e., two or five year intervals)
Employment Eligibility Notification Subject Notifies the subject that he or she is eligible to be associated with the operation in the requested role.
Provisional Notification Subject Notifies the subject that he or she is eligible to be associated with the operation in the requested role on a provisional basis with standard provisional eligibility conditions.
Background Checks Required Notification Subject Communicates information and instructions related to the completion of a fingerprint check, Out-of-State Child Abuse and Neglect Registry or Out-of-State Criminal History check.
15-day Notification Subject Reminds the subject of actions that he or she must take to complete background check types listed in the Background Checks Required Notification.
Fingerprint Rejection Notification Subject Notifies the subject of a rejected fingerprint received and actions needed to resolve the fingerprint check.

26 TAC §§745.621745.629745.651

See:
10510 Types of Eligibility Determinations
10720 Inactivating a Subject’s Role or Employment
10730 Validating the Employee List for an Operation

 

10532 How to Send Background Check Notifications

February 2021

Notifications are sent via email. If the intended recipient of the notification does not have an email address on file, CBCU staff obtain an email address or send the notification via USPS mail.

 

10532.1 Time Frame for Sending the Background Check Determination

February 2021

After receiving the results of a background check, CBCU staff send the operation and the subject of the background check a written determination of the background check as soon as possible but no later than 45 days from the date the operation submitted the background check request.

26 TAC §745.627

 

10533 Background Check Notifications Sent to the Operation

February 2021

CBCU staff send a notification letter to the operation that includes:

  1. a determination of whether the subject is ”Eligible,” ”Ineligible,” ”Eligible with Conditions” or ”Provisionally Eligible” to be present at the operation (See: 10510 Types of Eligibility Determinations);
  2. any conditions CBCU staff place on the subject’s presence at the operation; and
  3. a list of each additional operation that has submitted a background check request for the subject and when the operation submitted the request.

If the operation does not comply with the conditions placed on the subject, CCR may amend the conditions, rescind the risk evaluation decision or recommend or impose an enforcement action.

26 TAC §§745.633745.637

 

10533.1 Additional Information Sent to a Child-Placing Agency

February 2021

When CBCU staff is sending information to a child-placing agency because the subject is associated with a current or prospective foster or adoptive home, the letter must include the following additional information:

  1. the types of background checks conducted;
  2. any criminal history obtained;
  3. any sustained Central Registry findings;
  4. any Central Registry finding that is not sustained and the subject’s eligibility determination is “ineligible” (See: 10231 Assessing the Risk of Central Registry Matches for Determination of Immediate Threat);
  5. any out-of-state abuse or neglect findings;
  6. whether the subject is eligible to request a risk evaluation; and
  7. if a subject is eligible to request a risk evaluation, whether the subject may be present at the operation pending the outcome of the risk evaluation.

If the operation does not comply with the conditions placed on the subject’s presence, CCR may amend the conditions, rescind the risk evaluation decision or recommend or impose an enforcement action.

Criminal History that May Not Be Shared

CCR staff must not share with the subject or a child-placing agency information about criminal matches with a disposition of Order of Nondisclosure or Expunged Record because they are not convictions and, therefore, are not minimum standards violations.  To ensure the information is not shared, CBCU staff delete the row containing the result from the Results section on the applicable criminal history background check results page in CLASS. If it is the only result received, CBCU staff also change the “Match” to “Cleared.”

26 TAC §745.633

 

10533.2 Background Checks Submitted Prior to January 13, 2019

February 2021

Prior to January 13, 2019, background check results were communicated through match letters and emails for each background check type; these results did not communicate an overall background check result. These letters and emails are considered valid notifications until the background check renewal date. For background checks submitted prior to January 13, 2019, that are current, the operation must have results allowing the subject to be present, dated prior to January 13, 2019, for each background check type included in the background check submission.

 

10534 Other Background Check Notifications Sent to the Operation

February 2021

CBCU staff send the following notifications to the operation in order to assist the operation with maintaining compliance:

  1. Background Check Renewal Due Notice – Sent 30 days before a subject’s renewal check is due, if the subject is still active on the operation’s Employee List.
  2. Employee List Validation Notice – Sent 30 days before the operation’s Employee List Validation is due.

These reminders are also posted on the operation’s Child Care Licensing Account Message Board 30 days prior to the due date.

26 TAC §§745.621745.651

See:
10120 Background Check Requests
10730 Validating the Employee List for an Operation

 

10540 Background Check Notifications Sent to the Subject of the Background Check

February 2021

CBCU staff send the following types of information in notifications to the subject of the background check:

  1. the types of background checks included;
  2. any criminal history identified;
  3. any sustained Central Registry finding identified;
  4. any Central Registry finding that is not sustained;
  5. if a Central Registry finding is not sustained, instructions on requesting a due process hearing to dispute the finding;
  6. any out-of-state abuse or neglect history identified;
  7. the determination of whether the subject may be present at the operation;
  8. whether the subject may request a risk evaluation;
  9. any conditions placed on the subject’s presence at the operation;
  10. any additional information needed by the CBCU to complete the background check and when the information is due; and
  11. instructions on how to challenge the accuracy of the background check results and how to request a review of the background check determination.

26 TAC §745.639

 

10541 Other Background Check Notifications Sent to the Subject of the Background Check

February 2021

CLASS sends the following notifications to the background check subject to provide instructions for completing the background check process:

  • Background Checks Required Notification – Notifies the subject to complete fingerprinting and out-of-state checks according to the background check submission.
  • Fingerprint Rejection Notification – Notifies the subject that the FBI rejected the subject’s fingerprint submission by the FBI and provides information about how to resolve the rejection.
  • 15-Day Notification – Notifies the subject that the subject’s background check is not complete and of any additional action that is required.