Fam. Code Section 264.754
Assessment of Proposed Placement
(a)In this section, “low-risk criminal offense” means a nonviolent criminal offense, including a fraud-based offense, the department determines has a low risk of impacting:
(1)a child’s safety or well-being; or
(2)the stability of a child’s placement with a relative or other designated caregiver.
(b)Before placing a child with a proposed relative or other designated caregiver, the department must conduct an assessment to determine whether the proposed placement is in the child’s best interest.
(c)If the department disqualifies a person from serving as a relative or other designated caregiver for a child on the basis that the person has been convicted of a low-risk criminal offense, the person may appeal the disqualification in accordance with the procedure developed under Subsection (d).
(d)The department shall develop:
(1)a list of criminal offenses the department determines are low-risk criminal offenses; and
(2)a procedure for appropriate regional administration of the department to review a decision to disqualify a person from serving as a relative or other designated caregiver that includes the consideration of:
(A)when the person’s conviction occurred;
(B)whether the person has multiple convictions for low-risk criminal offenses; and
(C)the likelihood that the person will commit fraudulent activity in the future.
(e)The department shall:
(1)publish the list of low-risk criminal offenses and information regarding the review procedure developed under Subsection (d) on the department’s Internet website; and
(2)provide prospective relative and other designated caregivers information regarding the review procedure developed under Subsection (d).
Section 264.754 — Assessment of Proposed Placement,
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.264.htm#264.754 (accessed Nov. 25, 2023).