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Texas Government Code - Section 411.114. Access To Criminal History Record Information: Department Of Protective And Regulatory Services

Legal Research Home > Texas Laws > Government Code > Texas Government Code - Section 411.114. Access To Criminal History Record Information: Department Of Protective And Regulatory Services

§ 411.114. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. (a)(1) In this subsection: (A) "Child," "child-care facility," "child-placing agency," and "family home" have the meanings assigned by Section 42.002, Human Resources Code. (B) "Elderly person" has the meaning assigned by Section 48.002, Human Resources Code. (C) "Maternity home" has the meaning assigned by Section 249.001, Health and Safety Code. (D) "Person with a disability" means a disabled person as defined by Section 48.002, Human Resources Code. (E) "Ward" has the meaning assigned by Section 601, Texas Probate Code. (2) The Department of Family and Protective Services shall obtain from the department criminal history record information maintained by the department that relates to a person who is: (A) an applicant for a license, registration, certification, or listing under Chapter 42, Human Resources Code, or Chapter 249, Health and Safety Code; (B) an owner, operator, or employee of or an applicant for employment by a child-care facility, child-placing agency, family home, or maternity home licensed, registered, certified, or listed under Chapter 42, Human Resources Code, or Chapter 249, Health and Safety Code; (C) a person 14 years of age or older who will be regularly or frequently working or staying in a child-care facility, family home, or maternity home while children are being provided care, other than a child in the care of the home or facility; (D) an applicant selected for a position with the Department of Family and Protective Services, the duties of which include direct delivery of protective services to children, elderly persons, or persons with a disability; (E) an employee of, an applicant for employment with, or a volunteer or an applicant volunteer with a business entity or person that contracts with the Department of Family and Protective Services to provide direct delivery of protective services to children, elderly persons, or persons with a disability, if the person's duties or responsibilities include direct contact with children, elderly persons, or persons with a disability; (F) a registered volunteer with the Department of Family and Protective Services; (G) a person providing or applying to provide in-home, adoptive, or foster care for children in the care of the Department of Family and Protective Services and other persons living in the residence in which the child will reside; (H) a Department of Family and Protective Services employee who is engaged in the direct delivery of protective services to children, elderly persons, or persons with a disability; (I) a person who is the subject of a report the Department of Family and Protective Services receives alleging that the person has abused, neglected, or exploited a child, an elderly person, or a person with a disability, provided that: (i) the report alleges the person has engaged in conduct that meets the statutory definition of abuse, neglect, or exploitation under Chapter 261, Family Code, or Chapter 48, Human Resources Code; and (ii) the person who is the subject of the report is not also the victim of the alleged conduct; (J) a person providing child care for a child who is in the care of the Department of Family and Protective Services and who is or will be receiving adoptive, foster, or in-home care; (K) through a contract with a nonprofit management center, an employee of, an applicant for employment with, or a volunteer or an applicant volunteer with a nonprofit, tax-exempt organization that provides any service that involves the care of or access to children, elderly persons, or persons with a disability; or (L) an applicant for a child-care administrator or child-placing agency administrator license under Chapter 43, Human Resources Code. (3) The Department of Protective and Regulatory Services is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (A) a volunteer or applicant volunteer with a local affiliate in this state of Big Brothers/Big Sisters of America; (B) a volunteer or applicant volunteer with the "I Have a Dream/Houston" program; (C) a volunteer or applicant volunteer with an organization that provides court-appointed special advocates for abused or neglected children; (D) a person providing, at the request of the child's parent, in-home care for a child who is the subject of a report alleging the child has been abused or neglected; (E) a volunteer or applicant volunteer with a Texas chapter of the Make-a-Wish Foundation of America; (F) a person providing, at the request of the child's parent, in-home care for a child only if the person gives written consent to the release and disclosure of the information; (G) a child who is related to the caretaker, as determined under Section 42.002, Human Resources Code, and who resides in or is present in a child-care facility, family home, or maternity home, other than a child described by Subdivision (2)(C), or any other person who has unsupervised access to a child in the care of a child-care facility, family home, or maternity home; (H) an applicant for a position with the Department of Protective and Regulatory Services, other than a position described by Subdivision (2)(D), regardless of the duties of the position; (I) a volunteer or applicant volunteer with the Department of Protective and Regulatory Services, other than a registered volunteer, regardless of the duties to be performed; (J) a person providing or applying to provide in-home, adoptive, or foster care for children to the extent necessary to comply with Subchapter B, Chapter 162, Family Code; (K) a Department of Protective and Regulatory Services employee, other than an employee described by Subdivision (2)(H), regardless of the duties of the employee's position; (L) a relative of a child in the care of the Department of Protective and Regulatory Services, to the extent necessary to comply with Section 162.007, Family Code; (M) a person, other than the subject of a report described in Subdivision (2)(I), living in the residence in which the alleged victim of the report resides; (N) a contractor or an employee of a contractor who delivers services to a ward of the Department of Protective and Regulatory Services under a contract with the estate of the ward; (O) a person who seeks unsupervised visits with a ward of the Department of Protective and Regulatory Services, including a relative of the ward; or (P) an employee, volunteer, or applicant volunteer of a children's advocacy center under Subchapter E, Chapter 264, Family Code, including a member of the governing board of a center. (4) Subject to Section 411.087, the Department of Protective and Regulatory Services is entitled to: (A) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subdivision (2); and (B) obtain from any other criminal justice agency in this state criminal history record information maintained by that criminal justice agency that relates to a person described by Subdivision (2) or (3). Law enforcement entities shall expedite the furnishing of such information to Department of Protective and Regulatory Services workers to ensure prompt criminal background checks for the safety of alleged victims and Department of Protective and Regulatory Services workers. (5) The Department of Protective and Regulatory Services may not use the authority granted under this section to harass an employee or volunteer. The Board of Protective and Regulatory Services shall adopt rules to prevent the harassment of an employee or volunteer through the request and use of criminal records. (6) Criminal history record information obtained by the Department of Protective and Regulatory Services under this subsection may not be released to any person except: (A) on court order; (B) with the consent of the person who is the subject of the criminal history record information; (C) for purposes of an administrative hearing held by the Department of Protective and Regulatory Services concerning the person who is the subject of the criminal history record information; or (D) as provided by Subdivision (7). (7) The Department of Protective and Regulatory Services is not prohibited from releasing criminal history record information obtained under this subsection to: (A) the person who is the subject of the criminal history record information; (B) a child-care facility, child-placing agency, family home, or maternity home listed in Subdivision (2) that employs or is considering employing the person who is the subject of the criminal history record information; (C) a person or business entity described by Subdivision (2)(E) or (3) who uses or intends to use the services of the volunteer or employs or is considering employing the person who is the subject of the criminal history record information; or (D) an adult residing with a child, elderly person, or person with a disability and the person who is the subject of the criminal history record information, if the Department of Protective and Regulatory Services determines that the release of information to the adult is necessary to ensure the safety or welfare of the child, elderly person, or person with a disability or the adult. (b) The failure or refusal to provide a complete set of fingerprints or a complete name on request constitutes good cause for dismissal or refusal to hire, as applicable, with regard to a volunteer of or an employee or applicant for permanent or temporary employment with the Department of Protective and Regulatory Services, or a facility, home, business, or other entity, if the volunteer position, employment, or potential employment involves direct interaction with or the opportunity to interact and associate with children. (c) The Department of Protective and Regulatory Services may charge an organization or person that requests criminal history record information under Subsection (a)(3) a fee in an amount necessary to cover the costs of obtaining the information on the organization's or person's behalf. Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 920, § 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 648, § 1, eff. June 11, 1997; Acts 1997, 75th Leg., ch. 664, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, § 96, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 8.06, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 691, § 1, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 144, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 185, § 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 268, § 1.69, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 728, § 8.002, eff. Sept. 1, 2005.

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Last modified: August 11, 2007