Previous Page Next Page

3000 Background Checks for Non-DFPS Staff

Background Checks November 2023

The DFPS Background Checks division completes background checks on people who are not DFPS employees but who have a business need for direct access to DFPS information technology resources or facilities. This includes:

  • IT contractors.
  • Auditors.
  • Janitorial staff.
  • Health passport users.
  • Security guards.
  • Shred vendors.
  • Contracted case management services staff. (DFPS contracts with nonprofit and other governmental entities to oversee case management services.)
  • Other people with an approved business need.

Access may be granted to DFPS information technology resources or facilities only after the person is assessed for risk based on the background check results.

A background check has the following two parts:

DFPS may also require the following types of background checks:

  • An FBI fingerprint check is required for any non-DFPS staff who, at the time of his or her background check request, meets any of the following criteria:
    • Currently lives outside Texas.
    • Has lived outside Texas in the past two years.
    • Will have unescorted access to unencrypted criminal justice information (CJI), even if the subject only has physical or logical access to devices that store, process, or transmit unencrypted CJI.
  • An out-of-state abuse and neglect history check may be required if there is good cause, such as when DFPS has a reasonable belief that a subject may have a history of abuse or neglect in another state.

The subject is not allowed to access DFPS information technology resources or facilities until all required background checks have been completed and cleared by the Background Checks division. See 3400 Background Checks Assessments and Determinations.

3100 Populations Exempted from Background Checks for Non-DFPS Staff

Background Checks November 2023

The following populations are not subject to the background check requirements for non-DFPS staff. Instead, they require a background check under the policies listed below:

3200 Defining Staff Responsibilities

3210 DFPS Sponsor

Background Checks November 2023

A DFPS sponsor does the following:

  • Communicates with vendors to make sure everyone complies with background check policy.
  • Takes appropriate actions to address noncompliance.
  • Makes sure background checks and required forms are submitted .
  • Makes sure the vendor has verified the accuracy of the personal information on each subject seeking access to DFPS information technology resources or facilities.
  • Obtains and provides any missing or additional information that the Background Checks division requires.
  • Confirms that the Background Checks division completed and approved a background check before allowing a subject to have access to DFPS information technology resources or facilities.
  • Makes sure required renewal background checks and required forms are submitted before the expiration date to avoid interruption of system access.
  • Makes sure new background checks and required forms are submitted to restore access if an account has been deleted because of inactivity.
  • Notifies the Background Checks division if a subject discloses any criminal history or abuse or neglect history.
  • Notifies the Background Checks division and Program Support staff when a subject is no longer employed with his or her original DFPS vendor or no longer needs access to DFPS information technology resources or facilities.

3220 Program Support

Background Checks November 2023

Program Support staff does the following:

3230 Background Checks Division

Background Checks November 2023

The Background Checks division does the following:

  • Completes background checks accurately and in a timely manner.
  • Notifies DFPS sponsors about the results of the background checks.

3300 Background Check Renewals

Background Checks November 2023

The sponsor must initiate a renewal background check every 12 months from the date of the original request for as long as the subject is authorized to access DFPS information technology resources or facilities. The subject can continue to access DFPS information technology resources or facilities while waiting for the outcome of a renewal background check.

If the results of the renewal check reveal criminal, abuse, or neglect history that would bar the subject from access, the subject is no longer allowed access to DFPS information technology resources or facilities.

3400 Background Check Assessments and Determinations

Background Checks November 2023

The Background Checks division determines whether to clear or bar a subject based on the background check results.

The initial determination is based on:

Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff

Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members.

The appendices listed above indicate:

  • Criminal convictions that are absolute bars for accessing DFPS resources or clients.
  • DFPS abuse, neglect, or exploitation history that is an absolute bar for accessing DFPS resources or clients.

The Background Checks division does not disclose criminal history or DFPS abuse, neglect, or exploitation history found on non-DFPS staff to anyone outside of DFPS.

3410 Cleared

Background Checks November 2023

The Background Checks division notifies the application security administrator when the background check results clear the subject (using the appendices below) for accessing DFPS information technology resources or facilities. See:

Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members

Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff

3420 Absolute Bars

Background Checks November 2023

The Background Checks division notifies the application security administrator when the background check results bar the subject (using the appendices below) from having access to DFPS clients and resources. See:

Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members

Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff

3430 Risk Assessment

Background Checks November 2023

The Background Checks division does a risk assessment before making a decision to clear or bar the subject, under the following circumstances:

  • The subject has criminal, abuse, neglect, or exploitation history that requires review.
  • The subject has a pattern of criminal history that might put DFPS clients or resources at risk.

The Background Checks division also conducts a risk assessment on juvenile criminal history obtained from the Texas Department of Public Safety or the FBI. If the Background Checks division assesses that there is risk of immediate harm if access is allowed, Background Checks staff consults with the DFPS Office of General Counsel to make a final determination.

The subject may not volunteer or intern with DFPS until both of the following occur:

  • The risk assessment is complete.
  • The Background Checks division clears the subject.

3440 Bar for Incomplete Background Checks

Background Checks November 2023

A background check is considered incomplete for one of two reasons:

  • The subject does not communicate with the Background Checks division or provide additional information or documentation within 10 calendar days.
  • The Background Checks division is unable to obtain all required information to complete the background check within 30 calendar days of the request date.

If a background check is not successfully completed, it is closed and recorded as a bar for failure to comply, and the subject is not granted access to DFPS information technology resources or facilities.

The DFPS sponsor may contact the Background Checks division to request an extension to the 30-day deadline. The contractor must provide proof that reasonable steps have been taken to meet the requirement.

If a background check was closed and the subject barred under these circumstances, the DFPS sponsor must submit new background check requests to restart the process once the required documentation is available.

Previous Page Next Page