1. (a) You must request a name-based criminal history check and a DFPS central registry check for:

   1. (1) The directors, owners, operators, or administrators of the child-care operation;
   2. (2) Employees and applicants you intend to hire for the child-care operation;
   3. (3) Any person who is counted in the child/caregiver ratio; and
   4. (4) Any person who has unsupervised access to children in the child-care operation.
2. (b) You must request a fingerprint-based criminal history check for any person who requires a background check under subsection (a) of this section, if that person has lived outside of Texas any time during the previous five years or there is reason to believe other criminal history exists.
3. (c) You are not required to request a background check on licensed professionals who have currently cleared a background check in compliance with another governmental entity's requirements, if you do not employ or contract with the professional.

4. (d) You must request required background checks based on the following rules:

   1. (1) §745.623 of this title (relating to How do I request a background check?);
   2. (2) §745.625 of this title (relating to When must I submit a request for an initial or renewal background check?) other than §745.625(a)(7) of this title;
   3. (3) §745.629 of this title (relating to How do I submit fingerprints for a fingerprint-based criminal history check?); and
   4. (4) §745.630 of this title (relating to If a fingerprint-based criminal history check has already been completed on a person, must that person submit new fingerprints at the time my initial or renewal background check on that person is due?).
5. (e) You must ensure all information related to background checks is kept confidential as required by the Human Resources Code §40.005(d) and (e).
6. (f) You may allow the person to provide direct care or have direct access to a child in care after you request a background check unless or until DFPS notifies you that the person may not be present at your operation.

7. (g) Background check results will be addressed based on the rules found in the following divisions of Chapter 745, Subchapter F of this title (relating to Background Checks):

   1. (1) Division 3 (relating to Criminal Convictions and Central Registry Findings of Child Abuse or Neglect);
   2. (2) Division 4 (relating to Evaluation of Risk Because of a Criminal Conviction or a Central Registry Finding of Child Abuse or Neglect);
   3. (3) Division 5 (relating to Designated and Sustained Perpetrators of Child Abuse or Neglect); and
   4. (4) Division 6 (relating to Immediate Threat or Danger to the Health or Safety of Children).

Source Note:The provisions of this §743.105 adopted to be effective September 1, 2010, 35 TexReg 7465; amended to be effective March 1, 2012, 37 TexReg 913; amended to be effective March 1, 2015, 40 TexReg 834; transferred effective May 15, 2018, as published in the Texas Register May 4, 2018, 43 TexReg 2799.