1. (a) Checks Using TJJD's Certification System.

   1. (1) A department or facility must use TJJD's certification system before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, to verify that the person:

      1. (A) has not had a TJJD certification revoked;
      2. (B) has not been designated as ineligible for certification by TJJD;
      3. (C) is not currently under an order of active suspension issued by TJJD; and
      4. (D) is not currently ineligible to take the certification exam due to repeated failures to pass the exam as described in §344.700 of this chapter.
   2. (2) A person who has had a TJJD certification revoked, has been designated as ineligible for TJJD certification, or is currently under an order of active suspension issued by TJJD may not hold a position that requires certification or that allows for direct contact with a juvenile or have direct, unsupervised access to a juvenile in a juvenile facility or program. The person is not eligible for a review under §344.360 of this chapter.
   3. (3) A person who is currently ineligible to take the certification exam may not hold a position that requires certification. The person is not eligible for a review under §344.360 of this chapter.

2. (b) Checks Using the Search Engine for Multi-Agency Reportable Conduct (SEMARC).

   1. (1) A department or facility must use the search engine for multi-agency reportable conduct (SEMARC) before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, to determine if the person has been included in any do-not-hire or similar registry of TJJD or the other participating state agencies.
   2. (2) A person who is included in TJJD's registry is not eligible for certification and is not eligible to serve in a position in which the person may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile. The person is not eligible for review under §344.360 of this chapter.
   3. (3) A person who is included in the registry of any other SEMARC-participating agency is not eligible for certification and is not eligible to serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.
   4. (4) The department or facility must conduct a SEMARC check as part of the certification renewal process for each person with a certification. The department or facility must conduct a SEMARC check every two years for all persons who do not have a TJJD certification. The department or facility must immediately remove a person who appears in any agency's registry, except for those previously reviewed and approved under §344.360 of this chapter, from having any contact with juveniles and must immediately notify TJJD's certification office of the SEMARC result. TJJD will conduct a review and determine if it will take action on the certification or, if the person is not certified, if it will take action to make the person ineligible for certification. The person may not return to a position having any contact with juveniles until TJJD informs the department or facility that such is permissible.
   5. (5) As provided by Chapter 810, Health and Safety Code, authorized users may use SEMARC only for the purpose of making decisions about certification, employment, or other service. Information received through SEMARC is confidential and excepted from disclosure under Chapter 552, Government Code.

3. (c) Employment Verification.

   1. (1) A facility must conduct an employment verification with all previous employers, which includes contacting the previous employers, to the extent possible, in accordance with Chapter 811, Health and Safety Code, before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position in a facility that may be placed in direct contact with a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter.
   2. (2) The purpose of the employment verification is to determine if the person was terminated or otherwise disciplined for conduct that included harassment in the workplace or abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population or, if the employer is one that serves children or other vulnerable populations, if any of the criteria in subsection (d)(1) of this section exist.
   3. (3) If the employment verification reveals that a person engaged in physical or sexual abuse of a child constituting an offense under §21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), §22.011 (Sexual Assault), §22.021 (Aggravated Sexual Assault), or §25.02 (Prohibited Sexual Conduct), Penal Code, even if not convicted, the person is not eligible to serve in any position in a facility that may be placed in direct contact with a juvenile. The person is not eligible for a review under §344.360 of this chapter.
   4. (4) A person is not eligible for certification and may not serve in a position in a facility that may allow the person to be placed in direct contact with a juvenile if the employment verification reveals that a person engaged in harassment in the workplace or any other type of abuse, neglect, exploitation, or other mistreatment of a child or member of another vulnerable population or that any of the criteria in subsection (d)(1) of this section exist unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.
   5. (5) The employment verification under this section applies only to individuals who will provide services in a facility. However, the employment verification is required before any person may begin service in a facility in a role described in paragraph (1) of this subsection, even if the person is already serving in a role not in a facility that required the other checks and verifications in this chapter.

4. (d) Self-Disclosure Form and Checks.

   1. (1) A department or facility, before employing, contracting with, or allowing a person to volunteer, intern, or otherwise serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile, regardless of whether or not the position requires or is eligible for certification under this chapter, must require the person to complete a form promulgated by TJJD that requires the applicant to disclose and provide additional information, if applicable, regarding whether the applicant ever:

      1. (A) worked, contracted, volunteered, interned, or otherwise served at or held an occupational license with a child-serving entity or entity that serves other vulnerable populations, such as elderly persons, persons with disabilities, persons in mental health facilities, or persons who were incarcerated;
      2. (B) had the employment, contract, volunteer, or other status suspended or terminated;
      3. (C) had the occupational license revoked or suspended;
      4. (D) had a finding of abuse, neglect, exploitation, or mistreatment made against the applicant; or
      5. (E) had the applicant's name placed on a do-not-hire or similar registry with an entity that provides services to or regulation of services for children or members of other vulnerable populations.
   2. (2) Except as provided by paragraph (3) of this subsection, the department or facility must, to the extent possible, contact all entities identified on the form completed in accordance with paragraph (1) of this subsection and verify whether or not the person's history includes one or more of the criteria in paragraph (1)(B) - (E) of this subsection.
   3. (3) The department of facility does not have to contact entities that are identified on the form if the entity is a state agency with a registry that is searchable through SEMARC or is an entity that is contacted as part of the employment verification check required under subsection (c) of this section.
   4. (4) The person is not eligible for certification and may not serve in a position that may be placed in direct contact with a juvenile or have direct, unsupervised access to a juvenile if the check indicates that the person's history includes on or more of the criteria in paragraph (1)(B) - (E) unless a review is requested under §344.360 of this chapter and that review results in a determination that the person should not be prevented from being certified or from serving in such a position.

5. (e) Rules of General Applicability.

   1. (1) The person(s) conducting all checks and verifications required by this subsection must do so using the applicant's current name and all prior names.
   2. (2) The person(s) conducting each check or verification required by this section, with the exception of a search using SEMARC, must maintain a written record of the check or verification, to include the name of the person(s) conducting the check or verification, the date the check or verification was conducted, and the information received as a result of the check or verification, to include the name of each person who provided such information. SEMARC search histories will automatically be created in the system.
   3. (3) The department or facility must report to TJJD any discrepancies revealed between any check or verification conducted under this chapter and the information the person reported regarding the person's history. A person's failure to accurately disclose the information requested on the form referenced in subsection (a) of this section is considered a violation of the Code of Ethics and may result in termination of service in the position, denial of certification, designation of ineligibility for certification, and/or revocation of certification.
   4. (4) If the department or facility wishes to select the person despite the history, a review must be requested as provided in §344.360 of this chapter, if such a review is allowable based on the history. The person may not be hired or otherwise approved to serve in a position until the review process is completed and the outcome is a determination that the person will not be prevented from being certified or from serving in the position, as applicable.

Source Note:The provisions of this §344.350 adopted to be effective April 1, 2026, 51 TexReg 1422.