As part of the 2017 legislative session, House Bill 4094 amended Human Resources Code §42.056 regarding background checks for operations regulated by Child Care Licensing. These changes went into effect January  2018.

CBCU is posting information regarding these changes on this web page.

What changed about required types of background checks for a person at my operation after January 7, 2018?

Any person requiring an FBI fingerprint check no longer requires a DPS name-based criminal history check.

To find out if you have received all of the necessary results for your background check request, please refer to How will I know when my background check request is complete?  

For more information about who requires what types of background checks in a Licensing operation, please refer to Who do I have to request background checks on for my day care or residential operation?

Did the process change for submitting a background check after January 7, 2018?
No. You won’t need to change anything with how you submit background checks, whether you are required to submit online through your Child-Care Provider account or if you submit paper request forms.

To make sure you request the correct background check types for any person required to have an FBI check according to 40 TAC §745.615(b):

  • On the Request Background Check page of your Child-Care Provider account, make sure to select “YES, This person does require and FBI check”.
  • On the Child Care Licensing Request for Background Check form, make sure to mark the “Fingerprint Check Required” checkbox.
If the person is required to have an FBI check, you should make these selections regardless of whether the request is the person’s initial or renewal check, or whether the person may need to be fingerprinted again.
What changed about when a person can be present at my operation after January 7, 2018? Can I allow someone with a pending FBI fingerprint check to work based on the staff shortage exception described in §745.626?

For any person that requires an FBI fingerprint check, you must receive the results for both the FBI check and the Central Registry check before the person may be present at the operation. The CBCU notifies you if there is further action that must be completed for those background check results before the person can be present. Please see Do all required background checks have to be completed before a person may provide direct care or have direct access to children in care in a day care operation or General Residential Operation? for more detail.

What background check results will my operation receive before we can allow someone to work?

For those people who require fingerprints, your operation will receive these two email notifications with the subject lines:

  • #[Operation Number] [Operation Name] - Cleared FBI Criminal History Check
  • #[Operation Number] [Operation Name] - Cleared DFPS Central Registry Check

For those people who DO NOT require fingerprints, your operation will receive these two email notifications with the subject lines:

  • #[Operation Number] [Operation Name] - Cleared DPS Criminal History Check
  • #[Operation Number] [Operation Name] - Cleared DFPS Central Registry Check

You may also receive a match letter, rather than a clearance notice. Read the match letter carefully to decide if any further action is required, or if no further action is required, then the person is allowed to be present. The email subject line for match letter notifications is “Background Check Match Letter for [Operations Name] [Operation Number]”.

Please see How will I know when my background check request is complete? for more detail.

Can a potential employee that does not have a complete background check (DPS/Central Registry/FBI) attend orientation and preservice training that is being held at the operation?

Yes, as long as the person will not be in areas of the operation or home where children are in care.

I received DPS results after receiving the required FBI and CR results for a background check I submitted. Why did I receive these DPS results?

When a person is fingerprinted, the CBCU sends you the criminal history that matches the person’s fingerprint record. Fingerprint records are maintained by both the FBI and DPS. In most cases, the fingerprint records from both the FBI and DPS will match, but sometimes DPS has additional information, such as new arrests that occurred after a person was fingerprinted.

While the background check request is considered complete after you receive the required FBI and Central Registry notifications, the CBCU will send you any new information received related to the person’s background check history, including additional fingerprint result information from DPS. This new information may be sent to you as additional information, or may require further action and/or affect the person’s ability to be present at your operation.

Background Check Updates Letter to Residential Child Care Licensing Providers

Background Check Updates Letter to Child Care Licensing Providers