Licensed Child Day Care Background Check FAQs
Last updated: November 3, 2015
Find the Fingerprint Application Services of Texas (FAST Pass), 2965 on the CCL Forms page.
- You must request a name-based criminal history check and a DFPS Central Registry check for:
- The director, owner, and operator of the operation.
- Each person employed at the operation.
- Each prospective employee at the operation.
- Each person at least 14 years of age, other than a client in care, who:
- Is counted in child-to-caregiver ratios in accordance with the relevant minimum standards.
- Has unsupervised access to children in care at the operation.
- Resides in the operation.
- Each person 14 years of age or older, other than a client in care, who will regularly or frequently be staying or working at an operation while children are in care; and
- Each substitute employee, unless you confirm that the organization providing the substitute employee has completed a background check for the person through DFPS within the last 24 months.
- In addition:
- If you are a permit holder, or applicant for a permit, for a child-care center, before or after-school program, or school-age program, you must request a fingerprint-based criminal history check for each person who is required to have a name-based background check under subsection (a)(1) - (6) of §745.615; and
- operation types must request a fingerprint-based criminal history check for each person whose name is submitted for a background check under subsection (a) if:
- The person has lived in another state any time during the previous five years.
- Or, there is reason to suspect other criminal history exists in another state.
- You do not have to request a background check on a professional who is licensed or is required to have a background check to meet compliance with another governmental entity's requirements if:
- You do not employ or contract with the professional.
- The professional will only be present at the child-care operation in an official capacity.
- You obtain written parental consent before allowing the professional to have unsupervised access to a child in care.
No, the requirement only applies to licensed child day-care centers, before or after-school programs, and school-age programs. FBI fingerprint checks are not required in registered child-care homes, licensed child-care homes, or listed family homes unless a person who requires a name-based DPS and Central Registry background check has lived in another state in the last five years or there is a reason to believe the person has a criminal history in another state.
Volunteers, such as DADS Foster Grandparents, or parent volunteers in Head Start centers, do not require FBI fingerprint checks as long as they:
- are not counted in the child/caregiver ratio, and
- do not have unsupervised access to children in care.
Also, volunteers who are needed only to fulfill “supplemental” child/caregiver ratios for field trip or swimming activities do not require FBI fingerprint-based checks. However, DFPS still requires name-based background checks on all volunteers that are regularly or frequently present at the child-care operation while children are in care.
Background checks are often referred to either by the "type of records" that are searched or by the "method used to search" these records. Below are the terms commonly used by CCL:
- Central Registry Check:
- A search of the Central Registry of reported cases of child abuse and neglect in Texas. (The Central Registry is maintained by DFPS and identifies people who have been found by Child Protective Services, Adult Protective Services, or Child Care Licensing to have abused, neglected, or exploited victims under age 18).
- Out-of-State Central Registry Check:
- A search of another state's records of reported child abuse and neglect cases in order to determine whether the subject of the background check was found to have abused or neglected a child in that state.
- DPS check:
- A search of the Texas Department of Public Safety database of crimes committed within Texas.
- FBI check:
- A search of the Federal Bureau of Investigation database of crimes committed within the United States.
- Name-based check:
- Consists of a DPS and Central Registry check conducted using a person's identifying information, such as the person's name, gender, and DOB.
- Fingerprint-based check:
- Consists of a DPS and FBI check conducted using a person's fingerprints.
Background checks required for CCL purposes are processed by the Centralized Background Check Unit (CBCU). Requests for background checks are submitted to DFPS and results are sent to the operation through an automated cleared notification or a match notification letter from the CBCU inspector. Each operation is assigned a CBCU inspector who works with the operation to resolve any background check issues. Court documents and Risk Evaluation paperwork should be sent to the CBCU inspector. The CBCU inspector communicates with the CCL inspector to ensure that all background check requirements are met. If you do not know who your CBCU inspector is, contact the CBCU Support Line (800-645-7549).
All child-care centers must submit background checks electronically through the Child-Care Provider Login page on the DFPS website. Child-care homes are encouraged to submit background checks electronically, but may also submit background check requests using a paper Form 2971 Request For Background Check, which is available on the Forms page on the DFPS website or may be obtained from and submitted to a CBCU or Licensing representative. By submitting the request electronically, the estimated timeframe for DFPS to return the name-based portion of the background check to the center is within 48 hours.
If a child-care provider verifies that an applicant does not have a Social Security number, the provider will not be able to utilize the electronic system and the background check for the applicant must be requested by submitting a completed Form 2971 as mentioned in FAQ #11.
If you already have a permit/operation number but do not yet have an online account with CCL, we encourage you to Create an Online Account. The online account gives you on-demand access to a variety of tasks, including submitting background checks, reviewing the status of submitted background checks, and making changes to governing body information.
To create an online account, it will help to visit the Child-Care Provider Login page on the DFPS website and review the Registration Tutorial PDFor the Registration Tutorial PowerPoint. (Both tutorials contain the same information, only the format is different).
- Access the Create a Child Care Licensing Account page.
- In the "Registration Form" section of the page, select "Yes" for the first question ("Do you have a Permit Number?"). The page will then refresh to a set of fields that you will need to complete in order to register.
- Enter your permit/operation number. Your permit/operation number, e-mail address, mailing address zip code will need to match what Licensing has in our records based on your application.
- If you successfully submitted your account registration information, you will receive an e-mail containing a link that you must click on in order to activate your account.
- If you do not receive the confirmation e-mail (subject line "Complete Registration") within 24-hours, please check your spam folders. If you still have not received the e-mail, attempt to register again and watch for any errors when you submit your registration.
- If you have difficulty registering or receive an error that you are unable to resolve, please contact your local Child Care Licensing office.
After you have received the confirmation e-mail and activated your online account, you may log in to your online account from the Provider Login/Background Checks page. From within your account, you should be able to submit background checks and complete other required activities.
Go to the Child-Care Provider Login & Background Checks page. Click on the link directly below the login fields "Forgot your User ID or Password" (It is located beneath the login button.)You will receive your current Login User ID name and a new password via the contact e-mail on record with Licensing. You will have to use the new password, which is case sensitive, but you will be able to change the password once you have successfully logged back into your account.
Remember: Each time you click on "Click here if you forgot your User ID or Password." you will receive a new password that you must enter exactly as it is written. (The original USER ID does not change.)
It will help to first review the Registration Tutorial PDF or the Registration Tutorial PowerPoint, which contains step by step instructions for submitting background checks. Once you have read this document and created a provider account online, you will be able to log in to this account and submit background checks electronically.
To submit a request for a background check:
- login in to your provider account on the Child-Care Provider Login page on the DFPS website;
- select 'Submit a Background Check' from the available actions and enter the information for the individual; and
- select the "FBI Check Required" checkbox for any individual requiring a fingerprint-based criminal history check (See FAQ # 1 for information on who must have a fingerprint-based criminal history check).
A background check request must always be submitted at the individual’s regularly assigned or 'primary' location (operation).
If the individual works at other locations under the same governing body, the other locations do not need to submit a background check if the individual's background check does not return any criminal history or Central Registry history that is a minimum standards violation.
If the individual's background check does return any criminal history or Central Registry history that is a minimum standards violation, then each location where the individual works must submit a background check request and follow the required action.
Each operation is required to keep a copy of the original background check request or results as proof that a background check was submitted on an individual.
No, if a provider verifies that an person does not have a Social Security number, the operation must submit Form 2971 Request for Background Check directly to the Centralized Background Check Unit (CBCU) or to their local licensing office. Form 2971 must be submitted and processed by DFPS prior to the applicant scheduling a fingerprinting appointment.
Once the request has been processed, the person must call the fingerprinting vendor 1-888-467-2080 (8am-5pm CST) to schedule an appointment. The person must have suitable identification as listed on the Texas Department of Public Safety's website in order to be fingerprinted. See FAQ # 22 for details.
Yes, but the person is still required to provide valid identification at the time of the appointment. See FAQ #22 for details.
When using the online scheduler to arrange a fingerprinting appointment, complete the driver license portion as follows:
- For Driver License Number, enter: 11111111
- For Driver License Type, select from the dropdown menu: Other
Background Check Fee
All licensed child-care operations must pay a fee of $2.00 for each background check submitted electronically through the Child-Care Provider Login or each person listed on Form 2971 Request for Background CheckWord Document
For details on licensing fees according to the type of care provided, refer to the Fee Schedule forms (#3008 - #3012) on the Forms page on the DFPS website.
Submit all fees along with the appropriate Fee Schedule form (located on the Forms page), to:
DFPS, Accounting Division MC E-672
PO BOX 149030
Austin, Texas, 78714-9030
Failure to submit fee payments may result in adverse action including suspension or revocation.
Please note that the background check processing fee of $2.00 per person is included in the annual fee for Listed Family Homes.
In addition to this background check fee, if a fingerprint-based check is required and the person needs to be fingerprinted, it will cost $41.25 when a person submits his or her fingerprints for the check. The fee is paid to the fingerprinting vendor at the time of scheduling the appointment or when the applicant is fingerprinted. See FAQ # 15 for details.
The $41.25 fee is not a fee to DFPS, but a collection of several fees to other entities:
- The Federal Bureau of Investigation (FBI) charges $14.75 to conduct a fingerprint-based check.
- The Texas Department of Public Safety (DPS) charges $15.00 to conduct a fingerprint-based check (the FBI will not conduct a fingerprint-based check until the requesting state conducts one).
- The DPS fingerprint check vendor, MorphoTrust/IdentoGo, charges a $11.50 processing and administrative support fee (this is a fee set in the contract between the vendor and DPS).
Either the employee or the child-care provider is responsible for covering the fingerprinting fee. This is a decision that each child-care provider needs to make. However, if employees are making a minimum wage of $7.25/hour, their salary must not fall below minimum wage because he or she must pay the fingerprinting fee.
In other words, the employer may pass on the cost of the fingerprints to their employee only if:
- The employee is making above minimum wage; and
- The cost does not result in the employee making less than minimum wage.
All questions regarding minimum wage requirements relating to employees paying the fingerprinting fee for FBI checks can be directed to the Wage and Hour DivisionExternal Link of the US Department of Labor at (210) 308-4515 or 1-866-4-USA-DOL (TTY: 1-877-889-5627).
The fee is paid directly to the fingerprinting vendor. The fee must be paid at the fingerprint appointment. The fee cannot be paid prior to the appointment, and cannot be paid online or by phone.
The fingerprinting vendor does not accept personal checks. Payment can be made by credit card, business check, money order, or using a billing account set up with IdentoGo.
Child care operations must contact IdentoGO's billing department at TXUEPAccounts@Morphotrust.com to set up a credit card backed account. The instructions for creating an account and the required paperwork can be found on the IdentoGO website at http://www.l1enrollment.com/state/forms/tx/560d8bc98a7fc.pdf.
After the background check has been requested by the child-care operation, the following steps are taken:
- The provider provides each person who is required to submit fingerprints with a copy of the Fingerprint Application Services of Texas (FAST) Fingerprint Pass. (See the Forms page on the DFPS website to locate the appropriate FAST Pass form according to operation care type or FAQ # 21 to determine which FAST Pass to use). Refer to FAQ #1 regarding when a person is required to submit fingerprints.
- The provider or the person requiring the check schedules an appointment with the DPS fingerprint vendor by:
- Visiting the vendor's website at www.identogo.com; or
- Calling toll-free at 1-888-467-2080 (8am-5pm CST).Please note that it is necessary to wait at least 2-3 hours after the provider submits the background check request electronically in order for the fingerprint vendor system to update so an appointment can be scheduled.
- At the time of the appointment, the person must bring the following documents to the fingerprinting center:
- A completed FAST Pass with the correct DFPS ORI number preprinted on the form.
- A driver license or other valid form of identification, per the Texas Department of Public Safety's website (TxDPS - Identification Requirements); and
- A check (personal or business) or money order made payable to MorphoTrust for$41.25, unless the fee was prepaid with a credit card or billing account at the time of scheduling the appointment.
- The fingerprint vendor scans and sends the fingerprints electronically to DPS, who then sends the fingerprints to the FBI. After the fingerprints are used to process the background checks, DPS returns both the DPS and FBI check results to DFPS.
- DFPS emails the fingerprint check results to the child-care provider contact as identified in the child-care provider's account on the DFPS website. (See Child-Care Provider Login, for more account information)
MorphoTrust is the sole company the Texas Department of Public Safety (DPS) contracts with to accept electronic fingerprints for the purpose of criminal history checks. DFPS decided to require the electronic submission of fingerprints in order to automate and expedite the processing of fingerprint checks.
The list of the current locations is available on the fingerprinting vendor's website at www.identogo.com.
IdentoGO can provide onsite fingerprinting services for groups of 30 or more. Please note that these sessions are generally scheduled a minimum of 6-8 weeks in advance. To schedule an onsite session, please contact Kim Parker at 217-547-2148 or by email at KParker@MorphoTrust.com
DFPS requires the electronic submission of fingerprints in order to automate and expedite the processing of fingerprint checks and to take advantage of The Department of Public Safety’s (DPS) fingerprint retention program.
Electronic fingerprinting allows DFPS to:
- Receive electronic results which can be automatically processed very quickly; and
- Receive notification from DPS if a person has additional criminal activity in the future, based on retained electronic fingerprints.
No, the fingerprinting vendor is under exclusive contract with the Texas Department of Public Safety (DPS) to take electronic fingerprints for the purpose of criminal history checks.
The different versions of the FAST Pass are located on the DFPS website. Persons needing to be fingerprinted for a child-care operation must use the Child Care Licensing FAST Pass, with ORI Number TX922250Z preprinted on the form.
Please reference the following chart to locate the form number for the correct FAST pass, based on whether the person resides in Texas.
FAST Pass Form Number
Child Care Licensing
Child Care Licensing - Non-Texas Resident
The Texas Department of Public Safety website provides links to the agency's lists of acceptable documents used to verify a person's identity(see the TxDPS - Identification Requirements page or DPS brochure for details).The items on this list consist of other records or documents that aid DPS personnel in establishing the identity of the person.
The same list of identification requirements for adults applies to minors. (See the TxDPS - Identification Requirements page or DPS brochure for details). However, since a minor may not have any of the items from the Primary Identity Documents list (such as a driver license or passport), he or she may need to provide a combination of items from the Secondary Identity Documents and Supporting Identity Documents lists.
For example, the minor could provide the following combination of his or her identification documents at the time of fingerprinting:
- Original or certified copy of a birth certificate (from the Secondary list)
- Social Security card (from the Supporting list)
- School photo ID (from the Supporting list)
If the person does not have a form of identification listed on Texas Department of Public Safety's website at TxDPS - Identification Requirements, he or she will not be eligible for fingerprinting during the scheduled appointment.
If you have not received the person's fingerprint results from DFPS within three days from the date the person was fingerprinted, please follow up with your operation's assigned CBCU inspector. If you do not know how to contact this person, you may contact the CBCU Support Line (1-800-645-7549) or send an email toCCLFBIRESULTS@dfps.state.tx.us.
Your operation will receive notification for each type of check once CBCU has processed the background check. A search is performed using the person's identifying information (name, date of birth, Social Security Number) or fingerprints to determine if the person has any criminal or Central Registry history. You must receive notification of the results for each type of check requested for the person before the background check is considered complete. Listed below are the notification types your operation could receive:
“Cleared” notification: If the person “clears” DFPS requirements for any type of check, your operation will receive notification by email or letter. A separate notification is received for each person that is specific to the type of check cleared and contains one of the statements listed below:
- DPS Clear
A name-based background check that the Texas Department of Public Safety (DPS) conducted using its criminal history database indicates that the person listed below is cleared of any criminal history in Texas as of the date of this email:
- FBI Clear
A fingerprint-based background check against the Federal Bureau of Investigation (FBI) criminal history database indicates that the person listed below is cleared of any criminal history as of the date of this email:
- Central Registry Clear
The Texas Department of Family and Protective Services (DFPS) completed its check of its Central Registry abuse/neglect history database on the person listed below. As of the date of this email, this person does not have Central Registry history in Texas that would preclude the person from being present in a child-care operation while children are in care:
"Match" notification: If the person appears to be a "match" to any type of check, your operation will receive notification in a background check match letter (delivered by email or mail). A separate letter is received for each person as notice that the results of the background check returned at least one of the following:
- DPS Match
A name-based or fingerprint-based criminal history record of offenses committed within Texas
- FBI Match
A fingerprint-based criminal history record of offenses committed within the United States
- Central Registry Match
A Central Registry finding that has been:
- Determined to pose immediate risk to children and/or
The match notification letter for a person may include results for more than one type of check. (Your operation is responsible for ensuring that the results for each type of check required for a person are received, in the form of a "cleared" and/or "match" notification, before allowing direct access to children in care). The match letter contains the following information regarding each type of check for which the person appears to be a "match":
- A summary of the criminal history (record of arrest and prosecution) and/or the Central Registry finding (type of abuse/neglect)
- A determination of whether the background check results are a violation of minimum standards
- Notice regarding the person's ability to be present at the operation (with or without conditions)
- Actions required by the operation, if any
Note: If the person disputes that the results of a background check belong to him or her, refer to FAQ #27.
For information on how to obtain a copy of and/or contest the information found in a person’s DPS result, see the following pages:
For information on how to obtain a copy of and/or contest the information found in a person’s FBI result, see the following pages:
If you have not received the results of a background check by email, please check the Junk/Spam mail folder of your email account. Many mail servers will filter emails that are received as part of a mass mailing, and if you locate the emails in the Junk/Spam folder, you will need to signify that these are not "Junk" or "Spam" in order to receive future notifications in your email inbox. (For details, see the Troubleshooting Tips on the last page of the Registration Tutorial in PDF or PowerPoint format)
However, if you are still unable to locate any emails from Licensing, please contact your local Child Care Licensing office or the Centralized Background Check Unit Support Line at (800) 645-7549.
The results of a name-based check (both DPS and Central Registry) must always be received prior to allowing a person to provide direct care or have direct access to children in care. In addition, if an FBI check is required, you must also receive the results of the fingerprint check prior to allowing the person to provide direct care or provide direct access to the children in care, unless:
- the operation is experiencing a staff shortage*; and
- the results of the name-based DPS and Central Registry checks do not preclude the person’s presence at the operation while children are in care.
*Note: The operation should be able to demonstrate that the center was experiencing a staffing shortage, meaning that the operation would not be able to meet compliance with the minimum standards without allowing a person who has not completed his or her fingerprint check to provide direct care or have direct access to the children in care.
In such cases, the person must submit his/her fingerprints as soon as possible, but not later than 30 days after the earliest date the person first:
- provides direct care to a child;
- has direct access to a child; or
- is hired.
Once the operation receives the fingerprint-based check results, the results must not contain any criminal history that would preclude the person from being present at the operation while children are in care.
There are occasions when fingerprints are rejected for processing by DPS or the FBI. This may occur due to the age of the applicant and/or condition of the skin on the fingers, which most often occurs with children, older persons, those whose skin has been exposed to harsh chemicals or with other types of skin conditions, and for those who are missing arms or fingers. In these situations, the persons will be contacted by phone by the fingerprint vendor to schedule a reprint. The person should not be charged a second time for fingerprinting. The person should schedule by phone with the fingerprint vendor for a reprint, rather than online.
The person should provide the TCN number (retrieved from the online scheduling system using the UE ID number printed on their receipt from the first fingerprinting appointment), which will make it clear to the fingerprint vendor that this situation involves a reprint and avoid confusion over billing. First time rejections can often lead to multiple rejections due to unreadable prints. Typically, after two unsuccessful attempts to fingerprint a person, the FBI will not review their fingerprints again. At that point, DFPS can request a name search from the FBI to satisfy the fingerprinting requirement.
Operations should follow up approximately three days after fingerprinting if they have not received results from DFPS or a call from the fingerprint vendor for reprinting. In these cases, it is possible that the fingerprint vendor has been unsuccessful in reaching the applicant to notify of the need for a reprint, such as in cases where a person's phone number has changed since the date of the appointment. Please contact your operation's assigned CBCU inspector. If you do not know how to contact this person, contact the CBCU Support Line (1-800-645-7549) and they will direct you to the correct CBCU staff member.
Yes. A person would not be required to complete a new fingerprint-based criminal history check if the person:
- Has a fingerprint-based criminal history clearinghouse record from a background check that is accessible to DFPS through the Department of Public Safety (DPS) clearinghouse, and the date of fingerprinting is not more than 24 months old; or
- Has a fingerprint-based criminal history check on record with DFPS, and the results from that check are attached to a DPS name-based check that was submitted within 24 months of the newest request.
You must notify your operation's assigned CBCU inspector if the person has been fingerprinted for one of the reasons above. If you do not know how to contact your assigned CBCU inspector, contact the CBCU Support Line (1-800-645-7549) or send an email to CCLFBIRESULTS@dfps.state.tx.us so that the clearinghouse record may be verified. You will be required to provide a copy of the person's driver license and Social Security card to the CBCU via email or fax.
When submitting background checks to DFPS, operations should select the "FBI Check Required" checkbox every time a background check is submitted for a person who is required by statute to have a fingerprint check. The fingerprinting fee (see FAQ #13) is not associated with selecting the "FBI Check Required" checkbox; the fingerprinting fee applies to each time a person requires a new set of fingerprints. (For more information regarding who is required to have a fingerprint check, refer to Texas Administrative Code §745.615.)
However, persons who have previously submitted their fingerprints for an FBI check and have completed a name-based background check (DPS criminal history and Central Registry) at least every 24 months thereafter do not need to be fingerprinted again, regardless of whether they have moved to different Day Care Licensing operations. This includes persons who stop working in DFPS-regulated child care and then resume work in DFPS-regulated child care, as long as it has not been more than 24 months since their most recent name-based background check (including DPS criminal history and Central Registry) and as long as they have not lived out of state during that time.
When an FBI check request is submitted to DFPS, a search of the Child Care Licensing database is conducted to verify whether the person has a valid fingerprint check record on file. The person is not required to be fingerprinted again if:
- A valid fingerprint check record already exists and
- It has not been more than 24 months since the previous name-based background check was submitted.
If the operation receives an email stating “After researching the background check request that your operation submitted on [person's name], we have determined that a valid FBI fingerprint check result is already on file for this person”, then the person has already had a fingerprint check and another is not needed at this time. The results from the previous fingerprint check will be sent to the operation requesting the current FBI check.
If the operation receives an email stating “After researching the background check request submitted by your operation on [person's name], we have determined that this person must obtain an FBI fingerprint check in order to complete the background check process”, the fingerprint check record is outdated or a valid record does not exist. The person must schedule a fingerprinting appointment with the DPS fingerprinting vendor via the web at www.identogo.com or by calling toll-free at 1-888-467-2080 (8am-5pm CST).
- The provider must first enter the person's background check request through the Child-Care Provider Login page on the DFPS website and provide a copy of the copy of the Fingerprint Application Services of Texas (FAST) Fingerprint Pass for Non-Texas Residents to the person. (See the Forms page on the DFPS website to locate the appropriate FAST Pass form according to operation care type or FAQ #21 to determine which FAST Pass to use).
- The person must then complete the following steps:
- Obtain a fingerprint card from a local law enforcement agency and fill in the required information on the fingerprint card.
- Complete section 2 on the Hard Card FAST Pass, and sign and date the pass.
- Have their fingerprints rolled by a local law enforcement agency or other entity that provides fingerprinting services.
- Mail the completed fingerprint card along with a check or money order for $41.45 made payable to MorphoTrust, and the signed and dated Hard Card FAST Pass to the following address:
MorphoTrust/Live Scan Processing Unit
1650 Wabash Suite D
Springfield, IL 62704.
Include a daytime telephone number where the person can be reached if the fingerprinting vendor has questions regarding the fingerprint card. The person must also include his/her full name on the check or money order.
The results of the fingerprint check will be sent electronically to DFPS for review and processing. If the person wants to verify that the prints have been received and processed, he/she may contact the fingerprinting vendor directly by calling (217) 793-2080.After the results are reviewed by DFPS, they will be sent to the operation that submitted the online background check.
In situations in which a person who is homebound is required to be fingerprinted, the Texas Department of Public Safety will send a representative to the person's home to complete the fingerprinting process. The person must physically be unable to leave his or her home due to a disability. We are aware that transportation problems can make it difficult for fingerprinting to occur, but this process is reserved for only those persons with disabilities who are unable to leave their homes.
Please contact your Centralized Background Check Unit Inspector or email the Ask CBCU mailbox to request this service. Include the homebound person’s name, social security number, date of birth, address, phone number, and nature of disability. The CBCU will notify DPS of the need for homebound fingerprinting, and DPS will coordinate with DFPS regional staff to schedule a time to visit the home and complete the fingerprinting process. Due to the limited availability of DPS representatives to perform this service, it may take several weeks to schedule the fingerprinting appointment.
Child care centers do not have to request a background check through DFPS on professionals who have cleared a background check through another governmental regulatory entity, and are NOT employees or contractors of the facility, such as DARS/ECI workers if:
- You do not employ or contract with the professional;
- The professional will only be present at the child-care operation in an official capacity; and
- For day care operations, you obtain written parental consent before allowing the professional to have unsupervised access to a child in care.
DFPS Rules, 40 TAC §745.615
If the child-care operation has written permission from the parent(s) to release the child to the Big Brother/Big Sister and follow the standards for releasing the child, the child would be considered in the care of the Big Brother/Big Sister and not in the care of the child care operation. Therefore, the Big Brother/Big Sister would not have to comply with the background check requirements that apply to licensed child care operations. The child care operation is responsible for ensuring the Big Brother/Big Sister does not have unsupervised contact with the other children in care.
At this time you must be a registered or licensed child-care operation in order to utilize the DFPS website to submit background checks electronically. However, you can work with the child-care centers for which you provide classes or services in order to complete the background check process or you may submit background checks through DFPS as an Exempt Operation. (See Human Resources Code Section 42.041(b) for details on Exempt Operations).
To submit background checks through the child-care center:
- Submit a completed Form 2971 Request for Background Checkdirectly to each child-care center for which you provide classes or services. Form 2971 will need to be completed for each person you employ that will have access to children in care.
- The child-care center will initiate the background check request electronically through the DFPS website.
- The Centralized Background Check Unit (CBCU) will process the background check request and provide the results directly to the child-care center.
To submit background checks as an Exempt Operation:
- Print Form #2821 Exemption Determination or contact your local Licensing office to request the form.
- Complete and return Form #2821 to your local Licensing office, along with supporting documentation that your program is exempt from regulation based on law, administrative rule, or both.
- Licensing will notify you in writing once they have reviewed and completed the exemption determination.
- Once you receive notification from Licensing, submit Form 2971 Request for Background Check directly to the Centralized Background Check Unit (CBCU) by fax at (512) 339-5871 or to your local Licensing office.
Your operation should protect criminal history record information (CHRI) by complying with the following guidelines:
- Do not share CHRI with anyone who does not have a business need to access the information.
- If CHRI is received electronically, the records should be stored electronically as well. Printing copies of results received electronically is discouraged.
- Ensure that anyone who does not have a business need to access the CHRI does not have access to any electronic files containing CHRI. Login and password information should be required before the information can be accessed by authorized person(s).
- If CHRI on paper is received, ensure that paper documents are securely maintained and protected from unauthorized view at all times. Storage should be in a locked location with only limited access by those who have a business need.
Contact CBCU if you need background check related assistance. See CBCU Contact Information table below:
CBCU Contact InformationCCL providers are advised to first attempt to contact the CBCU inspector for assistance. If unable to make contact in a timely manner, refer to the other CBCU resources below
CBCU Inspector assigned to the operation
CBCU Inspector's direct number. You may contact the CBCU Support Line if you do not have this information.
CBCU FBI Mailbox
CBCU Support Line
If the person is your spouse, you must request the following on your spouse:
- A name-based check at the time of application; and
- A fingerprint-based check upon your spouse's return to your residence.
If the household member is not your spouse and is stationed with the military outside of Texas, request both the name-based and fingerprint-based checks upon the person's return to your residence.
If an individual has a disability or condition that may affect the fingerprinting process, and the person is not considered "homebound" :
- You will schedule an appointment with the fingerprint vendor, as usual. (If the person is unable to leave the home due to the nature of his or her disability, see FAQ #35).
- After a fingerprinting appointment has been scheduled, notify your Centralized Background Check Unit (CBCU) Inspector. (If you do not know how to contact this person, call the CBCU Support Line at 1-800-645-7549 and ask to be connected to the CBCU Inspector assigned to your operation).
- Inform the CBCU Inspector of the person's disability or condition, any accommodations that may be needed, and the date, time, and location of the fingerprinting appointment.
CBCU will notify DPS and the fingerprint vendor in advance of the person's scheduled appointment of any accommodations or special consideration that may be needed due to the person's disability or condition.