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Appendix 4525: Offenses From the Texas Penal Code

CPS February 2018

The following charts describe the offenses in the Texas Penal Code that affect a potential caregiver’s approval for a:

  •   Parental Child Safety Placement (PCSP);

  •   kinship placement; and

  •   kinship foster or adoptive home.

The charts are intended to help a caseworker easily identify the potential consequences of a conviction should a caregiver move from a PCSP to kinship or foster or adoptive placement.

Explanatory Notes

  •   A substantially similar conviction under another state’s law or federal law is handled as though the conviction were one for the comparable offense under Texas law.

  •   An “Attempt to Commit” conviction is treated as falling under the same section of the Penal Code as the crime that was attempted.

  •   Time limits are based on the date of conviction.

  •   All areas marked with an asterisk (*) indicate that the bar is based on federal requirements set forth in 42 USC 671(a)(20)(A).

  •   “N/A” means there is no such relevant misdemeanor or felony crime.

  •   “No Action Needed” means that there is such a crime, but no specific DFPS action is required. However, the conviction should nevertheless be considered for its overall impact to child safety.

  •   The term “Verified” is used to refer to applications for verification as foster parents or approval as adoptive parents and currently verified foster parents and approved adoptive parents.

  •   The tables are in numerical order by the number of the Texas Penal Code Offense Chapters identified in the second column.

Chart 1: Assessing Criminal History Offenses and Convictions for PCSPs

Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes

Chart 3: Low-Risk Criminal Offenses Eligible for an Appeal in Kinship Placement Decision

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