Background Checks Significant Changes for New or …...1 Texas Health and Human Services hhs.texas.gov Background Checks Significant Changes for New or Amended Rules All Operation

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Texas Health and Human Services ● hhs.texas.gov

Background Checks Significant Changes for New or Amended Rules

All Operation Types

Overview of Changes

This document lists each new or amended background check rule number and title that will become effective on January 13,

2019. All of the background check rules in Subchapter F of Chapter 745 are new (except for the Definitions rule at §745.601)

and have been reorganized and renumbered. In addition, this document provides an overview and summary of the significant

changes to the new or amended rule.

New or

Amended

Rule Number

New or Amended Rule

Title Overview and Summary of Significant Changes

§743.105

New

What are the background

check requirements?

Shelter care operations must now comply with the background check requirements of

Subchapter F, Chapter 745 (instead of having separate background check rules for shelter

care operations). Any differences for shelter care operations are specifically noted in

Subchapter F.

The one exception still noted in the rule is that shelter care operations do not have to submit

a background check request for a person 14 years of age or older who resides at the shelter,

unless the person is otherwise required to have a background check.

[Replaced deleted §743.105]

2


§745.601

Amended

What words must I know

to understand this

subchapter?

The significant changes:

Add new definitions for:

o “Central Registry” (incorporates the definition from deleted §745.611(3));

o “client in care” (incorporates part of the definition from deleted §745.619);

o “criminal history”;

o "days";

o "designated finding";

o “DFPS”;

o “DPS”;

o “FBI”;

o “HHSC”;

o “Licensing”;

o “present at an operation” (which incorporates the definition from deleted §745.603 and

clarifies that solely attending orientation or pre-service training at an operation while not

having contact with children in care is not considered "present at an operation");

o “subject or subject of a background check”; and

o “sustained finding”;

Delete the definitions for:

o “continuous stay” and “non-continuous visit”; and

o “owner” (which has been incorporated into new §745.605(a)(1));

Change the term “direct care or direct access” to “direct access”; and

Update the definitions for:

o “CBCU”;

o “initial background check”;

o “regularly or frequently present at an operation” (which has incorporated the deleted

definitions of “continuous stay” and “non-continuous visit”);

o “renewal background check”;

3


New or

Amended

Rule Number

New or Amended Rule


o “risk evaluation” (which clarifies that the process is now initiated by the subject of a

background check, versus the operation);

o “substitute employee”; and

o “unsupervised access”.

4


New or

Amended

Rule Number

New or Amended Rule


§745.605

New

For whom must I submit

requests for background

checks?

The rule is simplified into two subsections:

(a) Persons the operation must submit a background check request for; and

(b) Persons the operation does not have to submit a background check request for,

including a client in care;

Other significant changes include:

o Incorporating the deleted definition of “owner” at §745.605(a)(1) as a role at an

operation that requires a background check;

o Requiring any person that provides direct care and supervision to a child in care to have

a background check;

o Clarifying that persons regularly or frequently present at an operation that are 14 years

of age or older includes volunteers;

o Incorporating the deleted information from §745.621 to clarify that controlling persons,

including board members, who do not otherwise fulfill a role specified in §745.605(a) do

not require background checks; and

o Removing the requirement that operations identify which types of background checks are

required for each person who must have a background check (instead the CBCU will use

the information the operation submits as part of the request for a background check to

make this determination).

Note: Information on what types of background checks are needed for people with particular

roles at certain operation types is now separated into §§745.609, 745.611, 745.613, and

745.615.

[Replaced portions of deleted §745.615]

5


New or

Amended

Rule Number

New or Amended Rule


§745.607

New

What are the different

types of background

checks?

The rule describes the different types of background checks and organizes them into a chart,

including:

Adding three new types of out-of-state checks:

o Out-of-state criminal history check;

o Out-of-state child abuse and neglect registry check; and

o Out-of-state sex offender registry check; and

Clarifying that a fingerprint-based criminal history check or a name-based criminal history

check includes a sex offender registry search.


§745.609

New

What types of

background checks are

required for persons at

my operation?

The rule describes which types of background checks persons must have based on the type of

operation submitting the check and the person’s role at the operation. The required types of

background checks include:

A fingerprint-based criminal history check or name-based criminal history check based on

criteria further described in §745.611;

A central registry check; and

For certain persons identified in §745.613, out-of-state checks (out-of-state criminal history,

out-of-state child abuse and neglect registry, and out-of-state sex offender registry).

Note: The rule does not apply to background checks requested by relative-only listed family

homes, employer-based child care operations, and shelter care operations. These types of

operations are covered in §745.615.


6


New or

Amended

Rule Number

New or Amended Rule


§745.611

New

Which persons at my

operation require either

a fingerprint-based

criminal history check or

a name-based Texas

criminal history check?

The rule describes which persons must have either a fingerprint-based criminal history check

or a name-based Texas criminal history check. The following three requirements remain

unchanged:

o Persons identified by §745.605(a)(1)-(6) require a fingerprint-based criminal history

check;

o Persons identified by §745.605(a)(7) (persons regularly or frequently present at the

operation that are 14 years of age or older, including volunteers) require a name-based

Texas criminal history check only; and

o Persons who would otherwise only require a name-based check require a fingerprint-

based check if the person resided outside of Texas in the previous 5 years or there is

reason to believe the person has criminal history outside of Texas.

The rule also adds a clarification that a person who is at the operation to complete a skills

practicum or receive observation only requires a name-based criminal history check if certain

requirements described in the rule are met.





7


New or

Amended

Rule Number

New or Amended Rule


§745.613

New

Which persons at my

operation must have an

out-of-state criminal

history check, an out-of-

state child abuse and

neglect registry check,

and an out-of-state sex

offender registry check?

The rule outlines new requirements regarding when a person must have out-of-state checks.

Out-of-state checks (out-of-state criminal history, out-of-state child abuse and neglect

registry, and out-of-state sex offender registry) are required for any person required to have

a background check submitted under §745.605 if:

o The person lived outside of Texas in the previous 5 years; or

o There is reason to believe the person has a relevant history in another state.

However, out-of-state criminal history checks are not required:

o If the requesting operation is a residential child-care operation, including a CPA, agency

foster home, or GRO; or

o If the state where the person resided during the previous five-year period participates in

the FBI's National Fingerprint File program.




§745.615

New

What types of

background checks are

required for persons at

listed family homes that

only provide care to

related children,

employer-based child

care operations, and

shelter care operations?

The rule relates specifically to listed family homes that only provide care to related children,

employer-based child care operations, and shelter care operations.

In most situations persons requiring background checks at these types of operations only

require a name-based Texas criminal history check and a central registry check.

Persons who require a name-based check require a fingerprint-based check instead if:

o The person lived outside of Texas in the previous 5 years; or

o There is reason to believe the person has criminal history outside of Texas.

8


New or

Amended

Rule Number

New or Amended Rule


§745.617

New

How do I submit a

request for a background

check?

The rule explains in a chart how operations must submit background checks, including:

The unchanged requirement that residential child care operations, licensed child care

centers, before or after-school programs, and school-age programs must submit requests for

background checks online through the operation’s Child Care Licensing Account;

The new requirement that licensed and registered child care homes must submit requests for

background checks online through the home’s Child Care Licensing Account (previously these

homes were allowed to submit the checks manually); and

The unchanged requirement that listed family homes, small employer based operations, and

temporary shelter care operations may submit requests for background checks online

through the home’s or operation’s Child Care Licensing Account, or manually by sending

Form 2971 to the CBCU.

[Replaced deleted §745.623(b), (c), and (d)]

§745.619

New

What information must I

include with a request for

a background check?

The rule requires the following additional information about a person to be included with a

request for a background check:

The city and state of each residence outside of Texas where the person lived in the previous

5 years;

The person’s email address, if available; and

The person's role at the operation, including title and job duties, level of supervision, and

ages of children the person will be caring for.

Note: The online background check request form and Form 2971 will be updated to include the

additional information.

[Replaced deleted §745.623(a)]

9


New or

Amended

Rule Number

New or Amended Rule


§745.621

New

When must I submit a

request for an initial or

renewal background

check for a person?

The rule outlines when the initial and renewal background check is due for a person:

There is no change to when the operation must submit the initial check for a person;

The updated renewal background check submission requirement is:

o 5 years from the last background check submitted for a person requiring a fingerprint-

based check; or

o 2 years from the last background check submitted for a person requiring a name-based

Texas criminal history check; and

A new clarification that an operation must also submit renewal background checks when:

o There is a change in the person’s state of residence; or

o The person’s role at the operation changes from a role that only required a name-based

Texas criminal history check to a role that requires a fingerprint-based criminal history

check (for example, if a person who is a volunteer and has only had a name-based

criminal history check transitions to an employee role, you must submit a renewal

background check for the person so that the fingerprint check is completed).


§745.623

New

How does the subject of

a background check

submit fingerprints for a

fingerprint-based

criminal history check?

The rule requires the CBCU to send a notification with instructions on how to schedule

appointments for submitting fingerprints to the person who is the subject of the background

check. The notice was previously sent to the operation.


10


New or

Amended

Rule Number

New or Amended Rule


§745.625

New

Does the subject of a

background check who

has already undergone a

fingerprint-based

criminal history check

have to submit new

fingerprints?

The requirements for submitting fingerprint checks have significantly changed, because

Licensing now uses the FBI’s national rap back service. A person:

Will not need to be fingerprinted again, if the CBCU is able to confirm that HHSC has an

active subscription to the FBI's national rap back service for this person, or if the CBCU is

able to reactivate a subscription for this person; or

Will need to be fingerprinted again, if the CBCU is unable to confirm or reactivate a

subscription for this person.

For a description of the FBI’s national rap back service, please refer to Background Checks, FBI

National Rap Back Overview.


§745.627

New

How soon will the CBCU

notify the subject of a

background check and

me of the determination

of the background

check?

The rule is a new requirement that the CBCU will notify the operation and the person who is the

subject of a background check of the written background check determination as soon as

possible, but no later than 45 days from the date the operation submitted the background check

request.

§745.629

New

What are the possible

determinations for the

subject of a background

check?

The rule adds a new list and description of the four possible background check determinations:

provisionally eligible with conditions, eligible, eligible with conditions, and ineligible.

11


New or

Amended

Rule Number

New or Amended Rule


§745.631

New

In what situations may

the CBCU place

conditions or restrictions

on a subject's presence

at an operation?

The rule outlines situations in which the CBCU may place conditions or restrictions on a person’s

presence at an operation. In addition to placing conditions or restrictions on a person for a

pending risk evaluation or an approved risk evaluation, the CBCU may also place conditions or

restrictions:

While the person’s out-of-state criminal history check or abuse or neglect registry check is

pending and there is no information that renders the person ineligible to be present at an

operation; or

For a subsequent minimum standard violation relevant to a condition or restriction already in

place.


12


New or

Amended

Rule Number

New or Amended Rule


§745.633

New

What information will a

notice letter that the

CBCU sends to an

operation include?

The rule includes significant changes because Licensing will no longer release criminal history

and child abuse and neglect findings directly to operations (including non-enumerated

crimes), with the noted exception below for child-placing agencies (CPA).

The rule requires the CBCU to provide a notice to an operation, which includes:

o The person’s background check determination;

o Any conditions or restrictions on the person’s presence at the operation; and

o A list of each operation that submitted a request for a background check on the person

and when the operation submitted the request. [Note: This requirement from deleted

§745.637 and is not a change in practice, however, the language in the new rule is more

specific as to what will be provided in the notice.]

If a CPA submitted a request because of the person’s association with a current or

prospective foster or adoptive home, the notice will also include:

o The sources of the information that were used for the background check;

o Any criminal history, including non-enumerated crimes;

o Sustained Central Registry findings;

o Whether the person is eligible for a risk evaluation; and

o Any out-of-state child abuse or neglect finding released due to a determination of

immediate risk.

[Replaced deleted §745.653 and §745.659]

13


New or

Amended

Rule Number

New or Amended Rule


§745.635

New

What must I do after the

CBCU notifies my

operation of a subject's

background check

determination?

The rule requires an operation to take an action based on the person’s background check

determination, not the person’s particular criminal conviction or central registry finding. The

action an operation must take for a background check determination depends upon the

determination:

An eligible determination does not require any action by the operation;

An ineligible determination requires the operation to immediately remove the person from

being present at the operation and notify the CBCU of the removal; and

An eligible with conditions or provisionally eligible with conditions determination requires the

operation to restrict the person’s duties in a manner that follows the conditions or

restrictions the CBCU placed on the person.

[Replaced deleted §745.661 and §745.693(a)]

§745.637

New

What actions may

Licensing take if I do not

follow the conditions or

restrictions on a

subject’s presence at an

operation?

The rule describes what actions Licensing may take if an operation does not follow the

conditions or restrictions the CBCU placed on a person’s presence at the operation and clarifies

that Licensing may also take an action if there is a minimum standard violation that is relevant

to a condition or restriction placed on a person’s presence at the operation. The rule allows

Licensing to take any of the following actions:

Amend the conditions or restrictions that the CBCU placed on the person’s presence at the

operation;

Rescind an approved risk evaluation; and

Take an enforcement action against the operation.

[Replaced deleted §745.693(b)]

14


New or

Amended

Rule Number

New or Amended Rule


§745.639

New

What information will a

notice letter that the

CBCU sends to the


check include?

The rule is a new requirement for the CBCU to provide written notice to the person who is the

subject of a background check. The notice must include:

The sources of information;

Whether additional information is needed;

Any criminal history;

Sustained Central Registry history;

Whether the person may request a risk evaluation;

Whether the person may be present at an operation;

Any conditions or restrictions on the person’s presence;

Any child abuse or neglect finding that is not sustained and whether the CBCU has

determined the person poses an immediate threat or danger to the health or safety of

children; and

Information on how to challenge the accuracy and completeness of the background check

results.

§745.641

New

How soon after I submit

a request for a

background check on a

subject can that subject

be present at an

operation?

The rule requires the CBCU to notify the operation that the person’s background check

determination is eligible, eligible with conditions, or provisionally eligible with conditions

before allowing the person to be present at an operation.

Exception: While the background check determination is pending, the person may be present

for the sole purpose of attending orientation or pre-service training, provided the person

does not have contact with children in care.

Note: The staff shortage exception that allowed a person to be present before receipt of the

person’s FBI fingerprint check results was deleted in response to federal and state law changes.


15


New or

Amended

Rule Number

New or Amended Rule


§745.643

New

How can the subject of a

background check

challenge the accuracy or

completeness of the

information contained in

the results of the

background check?

The rule clarifies that the person who is the subject of the background check (rather than

the operation) is responsible for challenging the accuracy or completeness of the information

in the background check.

The rule also clarifies the process for challenging the results as follows:

o The person should first attempt to resolve the issue with the CBCU representative; and

o If still unable to resolve the issue, then the person should seek resolution from the

agency that provided the results.


§745.645

New

How can the subject

request that the CBCU

review the background

check determination?

The rule is a new requirement that:

Allows a person who is the subject of a background check to request a review of the

background check determination from the CBCU, if the person:

o Disagrees with the determination (the person must request the review within 30 days

from the notice letter); or

o Has new information not available at the time of the determination (the person may

request the review any time new information is available);

Requires the CBCU to respond to the request to review the background check determination

within 30 days, which may be extended for good cause;

Allows the person to request that the CBCU Director review the accuracy of the background

check determination, if the person still disagrees with the determination; and

States the CBCU Director’s decision is final.

16


New or

Amended

Rule Number

New or Amended Rule


§745.647

New

Must the CBCU complete

the background checks

before Licensing issues

my permit?

The rule requires the CBCU to issue a background check determination of eligible or eligible with

conditions (rather than just receiving the results from the background check):

For all household members before Licensing may issue a permit to a licensed, registered, or

listed home; or

For only the owner before Licensing may issue a permit to any other operation that is not a

home. Exception: Based on statutory requirement, background checks for a shelter care

operation or an employer-based childcare operation during the application stage will be on

the prospective caregivers and not the owner.


§745.649

New

Can a child-placing

agency (CPA) verify a

foster family home or

approve an adoptive

home prior to receiving

the background check

determinations?

The rule requires a CPA to receive a CBCU background check determination of eligible or eligible

with conditions (rather than a cleared background check) for all household members of a foster

family home or adoptive home before the CPA may verify or approve the home.


§745.651

New

Am I required to indicate

when the subject of a

background check is no

longer associated with

my operation?

The rule adds new requirements that operations must indicate that a person is no longer

associated with the operation by:

o Inactivating the person within seven days; and

o Validating the current list of employees every three months, or once a year for licensed,

registered, and listed homes.

The tasks of inactivating and validating may be completed through the operation’s online

Child Care Licensing account.

§745.653

New

Can I do my own

criminal history

background checks?

The rule maintains the ability for operations to conduct their own background checks, but these

background checks do not replace the background checks that must be submitted to Licensing.

This is not a change from previous requirements.


17


New or

Amended

Rule Number

New or Amended Rule


§745.661

New

What types of criminal

convictions may affect a

subject's ability to be

present at an operation?

The rule outlines the types of criminal convictions that affect a person’s ability to be present

at an operation, including referring to the three charts posted on the Child Care Licensing

website (which is not a change from previous requirements):

o Licensed or Certified Child Care Operations: Criminal History Requirements;

o Foster or Adoptive Placements: Criminal History Requirements; and

o Registered Child Care Homes and Listed Family Homes: Criminal History Requirements.

The rule does change how the three charts will be updated, including that HHSC will:

o Publish proposed changes to the charts in the Texas Register and the Licensing public

website for a 30-day public comment period;

o Publish responses to the comments on the Licensing public website;

o Base changes to a chart in response to comments on a reasoned justification; and

o Republish adopted changes to a chart in the Texas Register.

The rule also clarifies that on a case-by-case basis Licensing will compare the legal elements

of each offense to determine whether a federal offense or offense in another state is

substantially similar to a Texas offense.


§745.663

New

For the purpose of this

subchapter, when do

criminal convictions

include deferred

adjudication community

supervision?

The rule clarifies in a new chart format that deferred adjudication community supervision is also

considered a conviction when Licensing revokes a permit, in addition to issuing or denying a

permit to an applicant as per current requirements.


18


New or

Amended

Rule Number

New or Amended Rule


§745.665

New

What must I do if the


check at my operation

has been arrested or

charged with a crime?

The rule clarifies that a person who has been arrested or charged with a crime may continue to

be present at the operation unless the CBCU notifies the operation that the person is ineligible

to be present. The operation is still responsible for immediately reporting the information to

Licensing as per current requirements.


§745.667

New

How will the CBCU

determine whether a

subject who has been

arrested or charged with

a crime may not be


The rule clarifies that a background check determination for a person who has been arrested or

charged with a crime, including any conditions or restrictions that have been placed on the

person, is temporary, and the CBCU will make a final decision once there is a final outcome to

the alleged crime.


§745.669

New

Will a requirement that a

subject register with the

Texas Sex Offender

Registry or an out-of-

state sex offender

registry affect the



The rule clarifies that a person required to register as a sex offender outside of Texas is barred

from being present at an operation. Current requirements already bar a person who is required

to register as a sex offender in Texas from being present at an operation.


19


New or

Amended

Rule Number

New or Amended Rule


§745.671

New

What types of findings

from the Central Registry

or out-of-state child

abuse and neglect

registries may affect a



The rule outlines the Central Registry and out-of-state child and abuse neglect findings that

affect a person’s ability to be present at an operation. The only change from current

requirements is that the chart includes a new type of finding at (a)(7) for a DFPS, not sustained,

child abuse or neglect finding where the CBCU has determined that the person does not present

an immediate threat or danger to the health or safety of a child.


§745.673

New

What must I do if the


check at my operation is

under investigation for

child abuse or neglect?

The rule clarifies that a person who is under investigation for child abuse or neglect (whether in

Texas or another state) may continue to be present at the operation unless the CBCU notifies

the operation that the person is ineligible to be present. The operation is still responsible for

immediately reporting the information to Licensing as per current requirements.


§745.681

New

Who is responsible for

requesting a risk

evaluation?

The rule states that the person who is the subject of the background check (rather than the

operation) is now responsible for requesting a risk evaluation.


§745.683

New

When may the subject of

a background check

request a risk

evaluation?

The rule clarifies that the person who is the subject of a background check may request a risk

evaluation after the CBCU has provided written notice that the person is eligible for a risk

evaluation.


§745.685

New

How long does the


check have to request a

risk evaluation?

The rule clarifies that:

A person must submit a request for a risk evaluation within 30 calendar days from when the

operation submitted the background check request; and

The CBCU will notify the person when the request for a risk evaluation is due.


20


New or

Amended

Rule Number

New or Amended Rule


§745.687

New

How does the subject of

a background check

request a risk

evaluation?

The rule clarifies that:

The person who is the subject of the background check is responsible for submitting the risk

evaluation packet (previously, it was the operation’s responsibility) to the CBCU; and

The completed risk evaluation packet must include the information noted in §745.689 or

§745.691. This has always been the practice, but was not clearly stated in rule.


§745.689

New

What must a request for

a risk evaluation based

on criminal history

include?

The rule outlines what the person who is the subject of the background check must include in a

risk evaluation packet for criminal history. The requirements remain largely the same, except for

the following changes:

Add a requirement to provide an official copy of the police report regarding the

circumstances of the arrest;

Delete the requirement for the operation to provide a valid rationale as to why the person

would not pose a risk to the health and safety of children (except a CPA must provide a

rationale if the risk evaluation is for a foster or adoptive home); and

Delete the requirement to provide information regarding the person’s role at the operation.


§745.691

New

What must a request for

a risk evaluation based

on a child abuse or

neglect finding include?

The rule outlines what the person who is the subject of the background check must include in a

risk evaluation packet for a child abuse or neglect finding. The requirements remain largely the

same, except for the following changes:

Clarify that the rule applies to any child abuse or neglect finding, not just Texas Central

Registry findings;

Delete the requirement for the operation to provide a valid rationale as to why the person

would not pose a risk to the health and safety of children (except a CPA must provide a

rationale if the risk evaluation is for a foster or adoptive home);

Clarify that evidence of rehabilitative efforts must be included; and

Delete the requirement to provide information regarding the person’s role at the operation.


21


New or

Amended

Rule Number

New or Amended Rule


§745.693

New

Who makes the final

decision on a risk

evaluation?

The rule states that a CBCU manager or designee reviews a request for a risk evaluation and

makes the decision on whether to approve the request. The rule adds a new requirement that

the CBCU must provide the person who requested the risk evaluation with a written final

decision on the risk evaluation within 45 days from the date background check was submitted.


§745.695

New

What factors does the

CBCU use when deciding

whether the subject of a

background check poses

a risk to the health or

safety of children in a

particular operation?

The rule outlines the factors the CBCU uses when deciding whether a person poses a risk to the

health or safety of children. In addition to the previous requirements for the CBCU to assess the

information submitted in the risk evaluation packet, the compliance history of the operation, the

role and responsibility of the person at the operation, and any federal requirements, the

following new changes apply:

When reviewing the information required by §745.689 and §745.691, the CBCU will consider

whether the person failed to submit any information, and review any other relevant

information; and

The CBCU will consider the following new factors when assessing whether the person poses a

risk to the health or safety of children:

o The length of time since the crime or abuse or neglect was committed;

o The person’s role in the crime or abuse or neglect;

o Any pattern of type of crime or abuse or neglect; and

o Evidence of rehabilitative efforts over the last 10 years.


22


New or

Amended

Rule Number

New or Amended Rule


§745.697

New

Does an approved risk

evaluation expire?

The rule outlines when a risk evaluation expires, including:

o When the person is arrested or charged with another crime or has an additional criminal

conviction or child abuse and neglect finding;

o When the person’s role at the operation (including the level of contact the person has

with children in care of the operation) changes;

o The person becomes employed at a different operation than when the CBCU approved

the risk evaluation; and

o When the CBCU amends or rescinds a risk evaluation.

The rule also clarifies that:

o After a risk evaluation expires, the CBCU will either conduct a new risk evaluation or

reprocess the current risk evaluation based on new information; and

o An approved risk evaluation for a crime for which the person has been arrested or

charged is temporary, and the CBCU will make a final decision once there is a final

outcome to the alleged crime.


§745.699

New

Can a subject of a

background check

request that the CBCU

review a risk evaluation

decision?

The rule provides the person who requested the risk evaluation with a new right to request a

review of the risk evaluation decision (this was not previously allowed), including the conditions

or restrictions that were imposed, if there is new information that was not available at the time

of the risk evaluation decision. The rule:

Requires the reviews to be requested in writing;

Requires the CBCU director or designee to provide a written response within 30 days, which

may be extended for another 30 days for good cause; and

States that the review of the risk evaluation is a final decision.


§745.731

New

Who are designated

perpetrators and

sustained perpetrators of

child abuse or neglect?

The rule defines “designated perpetrator” and “sustained perpetrator” and clarifies that a

person’s due process rights includes any rights of appeal.


23


New or

Amended

Rule Number

New or Amended Rule


§745.751

New

What factors does

Licensing consider when

determining if a person

or an operation is an

immediate threat to the

health or safety of

children?

The rule outlines the factors Licensing considers when determining if a person or operation is an

immediate threat to the health or safety of children in care of the operation. There are no

significant changes to the rule.


§745.8713

Amended

When may Licensing

impose a monetary

penalty before a

corrective action?

The rule describes when Licensing may impose a monetary penalty before imposing a corrective

action. The changes to the rule make the circumstances for which Licensing may first impose a

monetary penalty consistent with the changes regarding background check determinations.

Documents

Background Checks Significant Changes for New or …...1 Texas Health and Human Services hhs.texas.gov Background Checks Significant Changes for New or Amended Rules All Operation