Tex. Human Resources Code Section 42.056
Required Background and Criminal History Checks; Criminal Penalties


(a)

The director, owner, or operator of a facility or family home shall submit to the department the names of the following individuals, who must have background checks as described by this section and in accordance with rules adopted by the executive commissioner:

(1)

the director, owner, and operator of the facility, agency, or home;

(2)

each person employed at the facility, agency, or home;

(3)

each prospective employee of the facility, agency, or home;

(4)

each person who provides care or supervision to children in the care of the facility, agency, or home under a contract with the facility, agency, or home;

(5)

each current or prospective foster parent providing foster care through a child-placing agency;

(6)

each prospective adoptive parent seeking to adopt through a child-placing agency;

(7)

each person at least 14 years of age, other than a client in care, who:

(A)

is counted in child-to-caregiver ratios in accordance with the minimum standards of the department;

(B)

will reside in a prospective adoptive home if the adoption is through a child-placing agency;

(C)

has unsupervised access to children in care at the facility or family home; or

(D)

resides in the facility or family home; or

(8)

each person 14 years of age or older, other than a client in care, who will regularly or frequently be staying or working at a facility, family home, or prospective adoptive home, while children are being provided care.

(a-1)

Notwithstanding Subsection (a), the director, owner, or operator of a residential child-care facility is not required to submit to the department the information required under that subsection for use in conducting a background and criminal history check on a parent or other relative of a child who is a client in care at the facility if:

(1)

the department has on file for the parent or relative a background and criminal history check; and

(2)

the background and criminal history check was conducted within the two-year period preceding the date the parent or relative visits the client at the facility.

(a-2)

In accordance with rules adopted by the executive commissioner, a person shall submit a complete set of fingerprints if:

(1)

the person is required to have a background check under Subsections (a)(1)-(7);

(2)

the person resided in another state during the five years preceding the date the person’s name was required to be submitted under Subsection (a); or

(3)

the director, owner, or operator has reason to suspect that the person has a criminal history in another state.

(a-3)

Subsection (a-2)(1) does not apply to a family home that is subject to regulation by the department under Section 42.0523 (Listing of Relative Child-care Providers).

(a-4)

Repealed by Acts 2017, 85th Leg., R.S., Ch. 1108 (H.B. 4094), Sec. 5(b), eff. January 1, 2018.

(a-5)

The rules adopted by the executive commissioner under Subsection (a-2):

(1)

must require that the fingerprints be submitted in a form and of a quality acceptable to the Department of Public Safety and the Federal Bureau of Investigation for conducting a criminal history check;

(2)

may require that the fingerprints be submitted electronically through an applicant fingerprinting service center; and

(3)

may allow the department to waive the submission of fingerprints required by this section if:

(A)

the person for whom the submission is required has:
(i)
a fingerprint-based criminal history record check on file with the department; or
(ii)
a fingerprint-based criminal history clearinghouse record, as provided by Section 411.0845 (Criminal History Clearinghouse), Government Code, that is accessible to the department through the Department of Public Safety; and

(B)

the department has an active subscription to the Federal Bureau of Investigation’s national rap back service for the person for whom the submission is required.

(b)

The department shall conduct background checks using:

(1)

the information provided under Subsection (a);

(2)

the information made available by the Department of Public Safety under Section 411.114 (Access to Criminal History Record Information: Department of Family and Protective Services and Health and Human Services Commission), Government Code, or by the Federal Bureau of Investigation or other criminal justice agency under Section 411.087 (Access to Criminal History Record Information Maintained by Federal Bureau of Investigation or Local Criminal Justice Agency), Government Code;

(3)

the department’s records of reported abuse and neglect;

(4)

any other registry, repository, or database required by federal law;

(5)

any information provided by the Texas Juvenile Justice Department under a memorandum of understanding; and

(6)

the interagency reportable conduct search engine established under Chapter 810 (Interagency Reportable Conduct Search Engine), Health and Safety Code.

(b-1)

For each person whose fingerprints are submitted under Subsection (a-2), the department shall conduct a state and Federal Bureau of Investigation criminal history check by:

(1)

submitting the person’s fingerprints, or causing the fingerprints to be submitted electronically, to the Department of Public Safety for the purpose of conducting a state and federal criminal history check; and

(2)

using the resulting information made available by that department under Section 411.114 (Access to Criminal History Record Information: Department of Family and Protective Services and Health and Human Services Commission), Government Code, and by the Federal Bureau of Investigation and any other criminal justice agency under Section 411.087 (Access to Criminal History Record Information Maintained by Federal Bureau of Investigation or Local Criminal Justice Agency), Government Code.

(b-2)

For each person required to have a background check under Subsection (a), but who is not required to submit fingerprints for a Federal Bureau of Investigations criminal history check under Subsection (a-2):

(1)

the person shall have a name-based check instead of a fingerprint check; and

(2)

the director, owner, or operator of the child-care facility, child-placing agency, or family home shall submit the name of the person each 24 months after last submitting the person’s name to the department for use in conducting a background check.

(c)

The executive commissioner by rule shall require a child-care facility, child-placing agency, or listed or registered family home to pay to the department a fee in an amount not to exceed the administrative costs the department incurs in conducting a background and criminal history check under this section.

(d)

Repealed by Acts 2009, 81st Leg., R.S., Ch. 720, Sec. 19(3), eff. September 1, 2009.

(e)

Repealed by Acts 2009, 81st Leg., R.S., Ch. 720, Sec. 19(3), eff. September 1, 2009.

(f)

As part of a background check under this section, the department shall provide any relevant information available in the department’s records regarding a person’s previous employment in a facility or family home to the person submitting the request.

(g)

Except as otherwise provided by this subsection, a person whose name is submitted under Subsection (a) may not provide direct care or have direct access to a child in a facility or family home before the person’s background check is completed. A person may be employed at a facility or family home and may provide direct care or have direct access to a child in the facility or family home before the person’s criminal history check under Subsection (b-1) is completed if:

(1)

the facility or family home is experiencing a staff shortage;

(2)

the Federal Bureau of Investigations fingerprint check and the background check using the department’s records of reported abuse and neglect have been completed under Subsection (b), and the resulting information does not preclude the person from being present at the facility or family home; and

(3)

the person does not have unsupervised access to any child in care.

(h)

If the results of a criminal history check under Subsection (b-1) for a person employed by a facility or family home during a staffing shortage as authorized by Subsection (g) preclude the person from being present at the facility or family home, the director, owner, or operator of the facility or family home shall immediately terminate the person’s employment.

(i)

A director, owner, or operator of a facility or family home commits an offense if the director, owner, or operator knowingly:

(1)

fails to submit to the department information about a person as required by this section and department rules for use in conducting background and criminal history checks with respect to the person; and

(2)

employs the person at the facility or family home or otherwise allows the person to regularly or frequently stay or work at the facility or family home while children are being provided care.

(j)

A director, owner, or operator of a facility or family home commits an offense if, after the date the director, owner, or operator receives notice from the department that, based on the results of a person’s background or criminal history check, the person is precluded from being present at the facility or family home, the director, owner, or operator knowingly:

(1)

employs the person at the facility or family home; or

(2)

otherwise allows the person to regularly or frequently stay or work at the facility or family home while children are being provided care.

(k)

An offense under Subsection (i) or (j) is a Class B misdemeanor.

(l)

In accordance with rules adopted by the executive commissioner, a person that contracts to provide one or more substitute employees to a facility or family home must submit to the department for use in conducting background and criminal history checks the name of each substitute employee. Before a substitute employee may be present at a facility or family home, the employee must meet the same requirements under this section as an employee present at the facility or family home who performs similar duties. The director, owner, or operator of a facility or family home must verify with the department that a substitute employee is eligible to be present at the facility or family home before allowing the employee to begin work.
Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.103(a), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 38, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 39, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 11, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 19(3), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 6, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 422 (S.B. 428), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 10, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.233, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 857 (S.B. 1496), Sec. 2, eff. September 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 1108 (H.B. 4094), Sec. 4, eff. January 1, 2018.
Acts 2017, 85th Leg., R.S., Ch. 1108 (H.B. 4094), Sec. 5(b), eff. January 1, 2018.
Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 4, eff. September 1, 2023.

Source: Section 42.056 — Required Background and Criminal History Checks; Criminal Penalties, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­42.­htm#42.­056 (accessed Apr. 20, 2024).

42.001
Purpose
42.002
Definitions
42.003
Reference to Child-care Institution
42.004
Confidentiality of Investigation Information
42.021
Division Designated
42.023
Annual Report
42.024
Administrative Procedure
42.025
Searchable Database
42.026
Access to Database
42.027
Independent Assessment
42.0031
Reference to Part of Continuum-of-care Operation
42.041
Required License
42.042
Rules and Standards
42.043
Rules for Immunizations
42.044
Inspections
42.045
Records
42.046
Application for License, Listing, or Registration
42.047
Consultations
42.048
Licensing
42.049
Liability Insurance Required
42.050
License Renewal
42.051
Initial License
42.052
Certification, Listing, and Registration
42.053
Agency Foster Homes
42.054
Fees
42.055
Sign Posting
42.056
Required Background and Criminal History Checks
42.057
Drug Testing
42.058
Competitive Bidding or Advertising Rules
42.059
Required Affidavit for Applicants for Employment with Facility or Registered Family Home
42.060
Carbon Monoxide Detectors
42.062
Certain Employment and Service Prohibited
42.063
Reporting of Incidents and Violations
42.064
Information Regarding Gang-free Zones
42.065
Administering Medication
42.066
Required Submission of Information Requested by Court
42.067
Epinephrine Auto-injectors
42.068
Required Posting of No Trespassing Notice
42.071
Suspension or Probation of License or Registration
42.072
License, Listing, or Registration Denial, Suspension, or Revocation
42.073
Emergency Suspension and Closure of a Facility or Family Home
42.074
Injunctive Relief
42.075
Civil Penalty
42.076
Criminal Penalties
42.077
Notice of Action Against Facility or Family Home
42.078
Administrative Penalty
42.079
Cease and Desist Order
42.080
Disciplinary Action Prohibited
42.151
Definitions
42.152
Permit Required
42.153
Application
42.154
Conversion of License
42.155
Parent or Guardian Within Immediate Vicinity
42.156
Caregiver-to-child Ratio
42.157
Minimum Standards
42.158
Caregiver Qualifications
42.159
Background and Criminal History Checks Required
42.160
Applicability of Other Law
42.161
Reporting of Incidents and Violations
42.162
Authority to Conduct Limited Inspections
42.163
Suspension, Denial, or Revocation
42.201
Definitions
42.202
Permit Required
42.203
Application
42.204
Conversion of License
42.205
Caregiver Qualifications and Training
42.206
Background and Criminal History Checks Required
42.207
Applicability of Other Law
42.208
Reporting of Incidents and Violations
42.209
Authority to Conduct Limited Inspections
42.210
Suspension, Denial, or Revocation
42.0211
Safety Specialists, Risk Analysts, and Performance Management
42.251
Applicability
42.252
Proposed Operational Plan
42.253
Confidentiality of Information Relating to Services for Human Trafficking Victims
42.254
Duties Relating to Education of Children in General Residential Operation
42.255
Hearing Before Renewal of License
42.256
Treatment Model
42.257
Evaluation of Placements
42.258
Limit on Placements for New Facility
42.259
Transition Plans
42.260
Telehealth Pilot Program
42.0412
Collection of Licensed Day-care Center Data
42.0421
Minimum Training Standards
42.0422
Restraint and Seclusion
42.0423
Children’s Product Safety for Certain Nonresidential Child-care Facilities
42.0424
Child Safety Alarms in Vehicles
42.0425
Assessment Services
42.0426
Training of Personnel
42.0427
Parental Visitation
42.0428
Policies Addressing Sexual Abuse and Other Maltreatment of Children
42.0429
Safe Sleeping Standards
42.0431
Enforcement of Screening Requirements Relating to Vision, Hearing, and Other Special Senses and Communication Disorders
42.0432
Health Screening Requirements for Child Placed with Child-placing Agency
42.0433
Suicide Prevention, Intervention, and Postvention Plan
42.0441
Inspection Results for Certain Nonresidential Child-care Facilities
42.0442
Coordination of Inspections
42.0443
Coordination of Fire Safety and Sanitation Inspections
42.0445
Required Background Search of Central Registry of Reported Cases of Child Abuse or Neglect
42.0446
Removal of Certain Investigation Information from Internet Website
42.0447
False Report
42.0448
Notification of Family Violence Calls
42.0449
Required Actions After Notice of Family Violence Call
42.0451
Database of Agency Foster Homes
42.0452
Foster Parent Rights and Responsibilities Statement
42.0461
Public Notice and Hearing: Residential Child Care
42.0462
Waiver of Notice and Hearing Requirements
42.0463
Expansion of Capacity
42.0495
Liability Insurance Required for Listed Family Homes
42.0521
Deposit of Fees
42.0522
Public Advertising of Family Homes
42.0523
Listing of Relative Child-care Providers
42.0531
Secure Agency Foster Homes
42.0535
Required Information for Verification
42.0536
Transfer of Agency Foster Home
42.0537
Caregiver Training Requirement
42.0538
Provisional License for Kinship Provider
42.0551
Posting of Employee List
42.0561
Information Relating to Family Violence Reports
42.0562
Information Regarding Certain Group Day-care Home and Family Home Employees
42.0563
Pre-employment Affidavit
42.0583
Identifying At-risk Providers
42.0704
Enforcement Policy
42.0705
Range of Penalties
42.0715
Costs Charged to Facility or Family Home
42.0761
Criminal Penalty for Operating Day-care Center Without Qualified Director
42.2541
Improving Education Services for Children
42.04201
Interim Director
42.04215
Safety Training Account
42.04261
Other Training of Personnel: Child-placing Agencies and Day-care Centers
42.04271
Rights of Parent or Guardian with Child in Certain Child-care Facilities
42.04291
Supervision Standards for Infant During Time Spent on Stomach
42.04305
Vaccine-preventable Disease Policy Required
42.04411
Inspection Results and Exit Conference for Residential Child-care Facilities
42.04412
Interference with Inspection
42.04425
Inspection Information Database
42.04431
Enforcement of State Law by County or Municipality

Accessed:
Apr. 20, 2024

§ 42.056’s source at texas​.gov