Criminal History Requirements Charts

Proposed updates for 2022 were published in the Texas Register. Public comments on the proposed updates are being accepted January 7, 2022, through February 6, 2022.

After conducting background checks, these charts include specific offenses and what action, if any, a conviction for that offense may require in different types of child care settings.

Changes to the charts were made in 2021 and include the following:

  • Adding a felony level offense to Penal Code §21.16, Unlawful Disclosure or Promotion of Intimate Visual Material (Misdemeanors will remain in the chart because the Centralized Background Check Unit, a division of Child Care Regulation, may still receive prior misdemeanor convictions, even though the offense was changed from a misdemeanor to a felony level offense during the 85th Legislature, Regular Session, 2017.)
  • Adding a bullet to the introductory language of the Foster or Adoptive Homes: Criminal History Requirements chart clarifying that if the Centralized Background Check Unit determines a conviction meets requirements in 42 U.S.C §671(a)(20)(A), the person will no longer be eligible for a risk evaluation
  • Adding the revision date to the title in the first page
  • Adding the chart title to the footer of the second and subsequent pages
  • Rewriting introductory language by making non-substantive revisions and reformatting the language for clarity.

Texas Administrative Code

These charts supplement two sections of the Texas Administrative Code:

  • Section 745.661: What types of criminal convictions may affect a subject’s ability to be present at an operation?
  • Section 745.775: How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator’s license?

These and other Child Care Licensing Rules related to general licensing procedures essential to the regulation of all child care operations can be found in the Texas Administrative Code under Title 26, Part 1, Chapter 745.