Chart 1: Assessing Criminal History Offenses and Convictions for PCSPs

CPS October 2021

This chart is part of Appendix 4525: Offenses from the Texas Penal Code and Other Codes.

For more information on how criminal history affects PCSPs, see 3210 Parental Child Safety Placement (PCSP).

Absolute Bars to Placement

Texas Penal Code

Offense

Texas Penal Code

Effect on PCSP Placement (Conviction or Deferred Adjudication)

Criminal Solicitation of a Minor (felony)

15.031

Absolute Bar and child cannot be placedĀ 

Murder (felony)

19.02

Absolute Bar and child cannot be placed

Capital Murder (felony)

19.03

Absolute Bar and child cannot be placed

Manslaughter (felony)

19.04

Absolute Bar and child cannot be placed

Criminally Negligent Homicide (felony)

19.05

Absolute Bar and child cannot be placed

Kidnapping (felony)

20.03

Absolute Bar and child cannot be placed

Aggravated Kidnapping (felony)

20.04

Absolute Bar and child cannot be placed

Trafficking of Persons (felony)

20A.02

Absolute Bar and child cannot be placed

Continuous Trafficking of Persons (felony)

20A.03

Absolute Bar and child cannot be placed

Continuous Sexual Abuse of Young Child or Disabled Individual (felony)

21.02

Absolute Bar and child cannot be placed

Indecency with a Child (felony)

21.11

Absolute Bar and child cannot be placed

Improper Relationship Between Educator and Student (felony)

21.12

Absolute Bar and child cannot be placed

Sexual Assault (felony)

22.011

Absolute Bar and child cannot be placed

Aggravated Sexual Assault (felony)

22.021

Absolute Bar and child cannot be placed

Injury to a Child, Elderly Individual or Disabled Individual (felony)

22.04

Absolute Bar and child cannot be placed

Abandoning or Endangering Child (felony)

22.041

Absolute Bar and child cannot be placed

Enticing a Child (misdemeanor or felony)

25.04

Absolute Bar and child cannot be placed

Violations of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, or Stalking Case (felony)

25.07

Absolute Bar and child cannot be placed

Repeated Violation of Court Order or Condition of Bond in Family Violence case (felony)

25.072

Absolute Bar and child cannot be placed

Sale or Purchase of Child (felony)

25.08

Absolute Bar and child cannot be placed

Continuous Violence Against the Family (felony)

25.11

Absolute Bar and child cannot be placed

Arson (felony)

28.02

Absolute Bar and child cannot be placed

Online Solicitation of a Minor (felony)

33.021

Absolute Bar and child cannot be placed

Obstruction or Retaliation (felony)

36.06

Absolute Bar and child cannot be placed

Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody (felony)

39.04

Absolute Bar and child cannot be placed

Stalking (felony)

42.072

Absolute Bar and child cannot be placed

Aggravated Promotion of Prostitution (felony)

43.04

Absolute Bar and child cannot be placed

Compelling Prostitution (felony)

43.05

Absolute Bar and child cannot be placed

Obscenity (misdemeanor or felony)

43.23

Absolute Bar and child cannot be placed

Sexual Performance by a Child (felony)

43.25

Absolute Bar and child cannot be placed

Employment Harmful to Children (felony)

43.251

Absolute Bar and child cannot be placed

Possession or Promotion of Child Pornography (felony)

43.26

Absolute Bar and child cannot be placed

Texas Family Code

Offense

Texas Family Code

Effect on PCSP Placement (Conviction or Deferred Adjudication)

Failure to Report; Penalty (felony)

261.109

Absolute Bar and child cannot be placed

Removal of Alleged Perpetrator; Offense (felony)

262.1015(g)-(h)

Absolute Bar and child cannot be placed

Texas Human Resources Code

Offense

Texas Human Resources Code

Effect on PCSP Placement (Conviction or Deferred Adjudication)

Failure to Report; Penalty (felony)

48.052

Absolute Bar and child cannot be placed

Additional Absolute Bars

Any other felony conviction or felony deferred adjudication in the past five years is an absolute bar.

Non-Absolute Bars to Placement (Evaluation and Approval Required)

A household may be considered for a PCSP if any household member has either (or both) of the following:

  • A felony conviction or a felony deferred adjudication that is not an absolute bar and that is older than five years.
  • A misdemeanor conviction that is not an absolute bar.

However, before placing the child, the caseworker must do both of the following:

  • Conduct a full evaluation of all circumstances on a case-by-case basis.
  • Obtain required approval from the program director (PD).