26 Tex. Admin. Code § 745.601 - What words must I know to understand this subchapter?
These words have the following meanings:
(1) CBCU--The Centralized Background Check
Unit is a subdivision of Licensing that conducts background checks and risk
evaluations.
(2) Central
Registry--A Texas Department of Family and Protective Services (DFPS) database
of persons who have been found by Licensing or an investigations division
within DFPS to have abused or neglected a child.
(3) Client in care--A child, young adult, or
adult in the care of your operation, including foster children or young adults
for whom your operation is receiving foster care payments, adults in care
through the Health and Human Services System, court-ordered placements, and
kinship care. A biological or adopted child is not a client in care.
(4) Criminal history--Includes arrests,
dispositions, and deferred adjudication community supervision. Criminal history
does not include expunged criminal history or non-disclosure history. It does
not include juvenile history, although the CBCU may determine that the subject
of a background check poses an immediate threat or danger to the health or
safety of children based on a juvenile adjudication that the CBCU receives with
the subject's criminal history.
(5)
Days--Calendar days.
(6) Designated
finding--A finding in the Central Registry against a person (also known as a
designated perpetrator) who has not exhausted the person's due process rights,
including an administrative review, a due process hearing, and any subsequent
rights of appeal. See Subchapter M of this chapter (relating to Administrative
Reviews and Due Process Hearings).
(7) DFPS--Texas Department of Family and
Protective Services.
(8) DPS--Texas
Department of Public Safety.
(9)
Direct access--Being counted in the child to caregiver ratio or having any
responsibility that requires contact with children in care.
(10) FBI--Federal Bureau of
Investigation.
(11) HHSC--Texas
Health and Human Services Commission.
(12) Initial background check--The first
background check that your operation submits for a person required to have a
background check, as specified in §
745.605 of this subchapter
(relating to For whom must I submit requests for background checks?).
(13) Licensing--The Child Care Regulation
department of HHSC.
(14) National
Sex Offender Registry--A National Crime Information Center file that contains
records on persons who are required to register in a jurisdiction's sex
offender registry.
(15) Present at
an operation--A person is present at an operation if the person has or may have
contact with children in care as follows:
(A)
The person is physically present at an operation while any child is in care,
unless the person is present for the sole purpose of attending orientation or
pre-service training and does not have contact with children in care;
(B) The person has responsibilities that may
require the person to be present at an operation while any child is in
care;
(C) The person resides at an
operation or is present at an operation on a regular or frequent basis;
or
(D) The person has direct access
to any child in care, including supervised or unsupervised direct access to any
child.
(16) Regularly or
frequently present at an operation--The definition means:
(A) A person is regularly or frequently
present at an operation if the person:
(i) Is
present at an operation on a scheduled basis;
(ii) Visits the operation three or more times
in a 30-day period, with each visit being a period of time of less than 24
hours, and with multiple or periodic visits to an operation within the same day
counting as one visit;
(iii) Stays
or resides at the operation for more than seven consecutive days; or
(iv) Stays or resides at the operation three
or more times per year, and the duration of each stay exceeds 48
hours.
(B) For foster
homes, the following persons are not considered to be regularly or frequently
present at a foster home:
(i) A child
unrelated to a foster parent who visits the foster home unless:
(I) The child is responsible for the care of
a foster child; or
(II) There is a
reason to believe that the child has a criminal history or previously abused or
neglected a child; and
(ii) An adult unrelated to a foster parent
who visits the foster home unless:
(I) The
adult has unsupervised access to children in care; or
(II) There is a reason to believe that the
adult has a criminal history or previously abused or neglected a
child.
(C) For
a child day-care operation, parents are not regularly or frequently present at
an operation solely because they are visiting their child, which may include
dropping off or picking up their child, eating lunch with their child, visiting
or observing their child, or consoling their child. However, a parent may be
regularly or frequently present at an operation if he or she volunteers at an
operation or is otherwise present at an operation for a reason other than
visiting his or her child.
(17) Renewal background check--A subsequent
background check that your operation submits for a person who has already had
an initial background check at your operation as specified in §
745.605 of this
subchapter.
(18) Risk evaluation--A
process conducted by the CBCU that is initiated by the subject of a background
check with a criminal history or child abuse and neglect history. During this
process the CBCU reviews information and determines whether the subject with a
criminal conviction or child abuse or neglect finding or the subject who has
been arrested or charged with a crime poses a risk to the health or safety of
children in a particular operation.
(19) Subject or subject of a background
check--A person on whom the operation submits a request for a background
check.
(20) Substitute employee--A
person present at an operation usually for the purpose of fulfilling an absent
employee or caregiver role.
(21)
Sustained finding--A finding in the Central Registry against a person who has
already been offered due process rights to an administrative review and a due
process hearing, and:
(A) The person has
waived all of the person's due process rights by not timely requesting an
administrative review and a due process hearing or by waiving those rights in
writing as specified in § 745.8817 of this chapter (relating to Can I
waive my right to an administrative review?) and §
745.8855 of this chapter (relating
to Can I waive my right to a due process hearing?); or
(B) The child abuse or neglect finding was
upheld in the due process hearing and any subsequent appeals.
(22) Unsupervised access--The
person is allowed to be with children without the presence of a caregiver that
is counted in the child to caregiver ratio and meets the minimum education
requirements, work experience, training qualifications, and background check
requirements.
Notes
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