1. (a) The juvenile probation department in the county in which a secure pre or post-adjudication facility registered by the Commission and operated by a private vendor under contract with a juvenile board is located shall conduct criminal history searches for facility applicants for certified and uncertified positions as required under §344.300 of this chapter.
2. (b) The contract facility shall provide the juvenile board or designee with identifying information necessary to conduct the required criminal history searches.

3. (c) The chief administrative officer or designee shall review the criminal history report and provide a copy of the report to a facility with whom they have a written agreement that:

   1. (1) specifically authorizes access to the information;
   2. (2) limits the use of information to the purposes for which it is given;
   3. (3) ensures the security and confidentiality of the information; and
   4. (4) provides for sanctions if a requirement in paragraph (1), (2) or (3) of this subsection is violated.
4. (d) The facility administrator or designee shall contact the referring criminal justice agency to obtain information regarding any arrest for which a disposition has not been reported.
5. (e) The chief administrative officer or designee shall review the criminal history report to confirm that the applicant has no disqualifying criminal history.

Source Note:The provisions of this §344.330 adopted to be effective January 1, 2010, 34 TexReg 4191.