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

For more information on the effect on Kinship – Unverified Placement, see:

6612 Conducting Background Checks

6624 Obtaining CPS Approval of the Home Assessment and Placement of a Child in a Kinship Home

Sections:

Texas Penal Code

Texas Education Code

Texas Family Code

Texas Health and Safety Code

Texas Human Resources Code

Texas Alcoholic Beverage Code

Other

Texas Penal Code

Offense

Texas Penal Code

Effect on Kinship Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?

Criminal Solicitation of a Minor (misdemeanor or felony)

15.031

Absolute Bar unless Regional Director (RD) exception granted following a Kinship Safety Evaluation (KSE)

Requires Kinship Safety Evaluation and Program Director (PD) approval  

Absolute Bar*

Risk Evaluation

Felony: N/A

Misdemeanor: No

Murder (felony)

19.02

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Capital Murder (felony)

19.03

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Manslaughter (felony)

19.04

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Criminally Negligent Homicide (felony)

 19.05

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Unlawful Restraint (misdemeanor or felony)

20.02

Requires Kinship Safety Evaluation and PD approval 

Requires Kinship Safety Evaluation and PD approval 

Risk Evaluation

Risk Evaluation

No

Kidnapping (felony)

20.03

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Aggravated Kidnapping (felony)

20.04

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Smuggling of Persons (felony)

20.05

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Trafficking of Persons (felony)

20A.02

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Continuous Trafficking of Persons (felony)

20A.03

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Continuous Sexual Abuse of a Young Child or Children (felony)

21.02

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Public Lewdness (Class A misdemeanor)

21.07

N/A

Requires Kinship Safety Evaluation and PD approval 

N/A

Risk Evaluation

No

Indecent Exposure (misdemeanor)

21.08

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Indecency with a Child (felony)

21.11

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Improper Relationship Between Educator and Student (felony)

21.12

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Improper Photography or Visual Recording (felony)

21.15

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Assault (misdemeanor or felony)

22.01

5-year bar unless RD exception granted following a KSE; KSE and PD approval required after 5 years 

Requires Kinship Safety Evaluation and PD approval  

5-year bar*, Risk Evaluation Thereafter

Risk Evaluation

No

Sexual Assault (felony)

22.011

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Aggravated Assault (felony)

22.02

5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years

N/A

5-year bar*, Risk Evaluation Thereafter

N/A

No

Aggravated Sexual Assault (felony)

22.021

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

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

22.04

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Abandoning or Endangering Child (felony)

22.041

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Deadly Conduct (misdemeanor or felony)

22.05

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval 

Risk Evaluation

Risk Evaluation

No

Terroristic Threat (misdemeanor or felony)

22.07

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval 

Risk Evaluation

Risk Evaluation

No

Aiding Suicide (misdemeanor or felony)

22.08

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval 

Risk Evaluation

Risk Evaluation

No

Tampering with a Consumer Product (felony)

22.09

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Leaving a Child in a Vehicle (misdemeanor)

22.10

N/A

Requires Kinship Safety Evaluation and PD approval  

N/A

Risk Evaluation

No

Harassment by Persons in Certain Correctional Facilities; Harassment of a Public Servant (felony)

22.11

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Bigamy (felony)

25.01

Requires Kinship Safety Evaluation and PD approval 

N/A

Risk Evaluation

N/A

No

Prohibited Sexual Conduct (felony)

25.02

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Interference with Child Custody (felony)

25.03

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Agreement to Abduct from Custody (felony)

25.031

Requires Kinship Safety Evaluation and PD approval 

N/A

Risk Evaluation

N/A

No

Enticing a Child (misdemeanor or felony)

25.04

Requires Kinship Safety Evaluation and PD approval 

Requires Kinship Safety Evaluation and PD approval 

Risk Evaluation

Risk Evaluation

No

Criminal Nonsupport (felony)

 25.05

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Harboring Runaway Child (misdemeanor)

25.06

N/A

Requires Kinship Safety Evaluation and PD approval  

N/A

Risk Evaluation

No

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

25.07

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

Requires Kinship Safety Evaluation and PD approval  

Absolute Bar*

Risk Evaluation

Felony: N/A

Misdemeanor: No

Violation of Protective Order Preventing Offense Caused by Bias or Prejudice (misdemeanor or felony)

25.071

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval  

Risk Evaluation

Risk Evaluation

No

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

25.072

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

Requires Kinship Safety Evaluation and PD approval  

Absolute Bar*

Risk Evaluation

No

Sale or Purchase of Child (felony)

25.08

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Advertising for Placement of Child (misdemeanor or felony)

25.09

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval  

Risk Evaluation

Risk Evaluation

No

Interference with Rights of a Guardian of the person (felony)

25.10

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Continuous Violence Against the Family (felony)

25.11

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Arson (felony)

28.02

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Robbery (felony)

29.02

Requires Kinship Safety Evaluation and PD approval  

N/A

Risk Evaluation

N/A

No

Aggravated Robbery (felony)

29.03

5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years

N/A

5-year bar*, Risk Evaluation Thereafter

N/A

No

Burglary (felony)

30.02

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Theft (felony or misdemeanor)

31.03

31.04

31.05

31.12

31.16

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Forgery (felony or misdemeanor)

32.21

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Credit Card or Debit Card Abuse (felony)

32.31

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

False Statement to Obtain Property or Credit or in the Provision of Certain Services (felony or misdemeanor)

32.32

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Hindering Secured Creditors

(felony or misdemeanor)

32.33

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Misapplication of Fiduciary Property or Property of Financial Institution (felony or misdemeanor)

32.45

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Securing Execution of a Document by Deception (felony or misdemeanor)

33.46

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Breach of Computer Security (felony or misdemeanor)

33.02

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Online Solicitation of a Minor (felony)

33.021

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Telecommunications Crimes (felony or misdemeanor)

33A.02

33A.03

33A.04

33A.05

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Money Laundering (felony)

34.02

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

N/A

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Insurance Fraud (felony or misdemeanor)

35.02

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Medicaid Fraud  (felony or misdemeanor)

35A.02

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Bribery (felony)

36.02

Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years  

N/A

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Coercion of Public Servant or Voter (felony or misdemeanor)

36.03

 Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Yes

Improper Influence (misdemeanor)

36.04

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Tampering with Witness (felony)

36.05

Requires Kinship Safety Evaluation and PD approval   

N/A   

Risk Evaluation

N/A

Felony: No

Misdemeanor: N/A

Obstruction or Retaliation (felony)

36.06

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A   

Absolute Bar*

N/A

N/A

Acceptance of Honorarium (misdemeanor)

36.07

N/A   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Gift to Public Servant by Person Subject to His Jurisdiction (misdemeanor)

36.08

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Offering Gift to Public Servant (misdemeanor)

36.09

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Perjury (misdemeanor)

37.02

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Aggravated Perjury (felony)

37.03

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years 

N/A   

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Tampering with or Fabricating Physical Evidence (felony or misdemeanor)

37.09

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Tampering with Governmental Record (felony or misdemeanor)

37.10

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval if Class A conviction in the last 10 years; otherwise no action needed   

Risk Evaluation

For Class A: Risk Evaluation if conviction was in the last 10 years

For Class B or C: No Action Required

Yes

Fraudulent Filing of Financing Statement (felony or misdemeanor)

37.101

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Yes

Impersonating a Public Servant (felony)

37.11

Requires Kinship Safety Evaluation and PD approval if conviction was

in the last 10 years 

N/A

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Record of a Fraudulent Court (felony or misdemeanor)

37.13

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Yes

False Statement Regarding Child Custody Determination Made in Foreign Country (felony)

37.14

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

N/A   

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Failure to Identify (misdemeanor)

38.02

N/A   

Requires Kinship Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed   

N/A

For Class A: Risk Evaluation if conviction was in the last 10 years

For Class B or C: No Action Required

Yes

Resisting Arrest, Search, or Transportation (felony or misdemeanor)

38.03

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval if the conviction was in the last 10 years   

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Evading Arrest or Detention (felony or misdemeanor)

38.04

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Hindering Apprehension or Prosecution (felony or misdemeanor)

38.05

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Yes

Escape (felony or misdemeanor)

38.06

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Permitting or Facilitating Escape (felony or misdemeanor)

38.07

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Implements for Escape (felony)

38.09

Requires Kinship Safety Evaluation and PD approval   

N/A   

Risk Evaluation

N/A

No

Bail Jumping and Failure to Appear (felony and misdemeanor)

38.10

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Prohibited Substances and Items in Correctional Facility (felony)

38.11

Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years   

N/A   

Risk Evaluation if conviction was in the last 10 years

N/A

No

Improper Contact with Victim (felony and misdemeanor)

38.111

Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Violation of Protective Order Issued on Basis of Sexual Assault or Abuse, Stalking, or Trafficking (misdemeanor)

38.112

N/A   

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

No

Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site (felony)

38.113

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

N/A   

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Barratry and Solicitation of Professional Employment (felony or misdemeanor)

38.12

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

No

Falsely Holding Oneself Out as a Lawyer (felony)

38.122

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

N/A   

Risk Evaluation if conviction was in the last 10 years

N/A

Yes

Unauthorized Practice of Law (felony or misdemeanor)

38.123

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Yes

Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer (felony)

38.14

Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

N/A

No

Interference with Police Service Animals (felony or misdemeanor)

38.151

Requires Kinship Safety Evaluation and PD approval   

Requires Kinship Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed       

Risk Evaluation

For Class A: Risk Evaluation if conviction was in the last 10 years

For Class B or C: No Action Required

Felony: No

Misdemeanor: Yes

Interference with Radio Frequency Licensed to Government Entity (felony or misdemeanor)

38.152

Requires Kinship Safety Evaluation and PD approval if conviction in the last 10 years   

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Failure to Stop or Report Aggravated Sexual Assault of a Child (misdemeanor)

38.17

N/A 

 Requires Kinship Safety Evaluation and PD approval   

N/A

Risk Evaluation

No

Failure to Report Felony  (misdemeanor)

38.171

N/A   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Abuse of Official Capacity (felony or misdemeanor)

39.02

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Official Oppression (felony or misdemeanor)

39.03

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

No

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

39.04

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

No

Failure to Report Death of Prisoner (misdemeanor)

39.05

N/A   

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years   

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Misuse of Official Information (felony or misdemeanor)

39.06

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years  

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Stalking (felony)

42.072

Requires Kinship Safety Evaluation and PD approval  

N/A

Risk Evaluation

N/A

No

Abuse of Corpse (misdemeanor)

42.08

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

No

Cruelty to Livestock Animals (misdemeanor or felony)

42.09

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

No

Attack on Assistance Animal (misdemeanor or felony)

42.091

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

No

Cruelty to Non-Livestock Animals (misdemeanor or felony)

42.092

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

No

Dog Fighting (misdemeanor or felony)

42.10

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

No

Cockfighting (felony or misdemeanor)

42.105

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

Risk Evaluation if conviction was in the last 10 years

No

Prostitution (misdemeanor or felony)

43.02

 5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years

Requires Kinship Safety Evaluation and PD approval 

5-Year Bar*, Risk Evaluation Thereafter

Risk Evaluation

No

Promotion of Prostitution (misdemeanor or felony)

43.03

5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years

Requires Kinship Safety Evaluation and PD approval 

5-Year Bar*, Risk Evaluation Thereafter

Risk Evaluation

No

Aggravated Promotion of Prostitution (felony)

43.04

5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years

N/A

5-year bar*, Risk Evaluation Thereafter

N/A

No

Compelling Prostitution (felony)

43.05

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Obscene Display or Distribution (misdemeanor)

43.22

N/A

Requires Kinship Safety Evaluation and PD approval 

N/A

Risk Evaluation

No

Obscenity (misdemeanor or felony)

43.23

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

Requires Kinship Safety Evaluation and PD approval 

Absolute Bar*

Risk Evaluation

Felony: N/A

Misdemeanor: No

Sale, Distribution or Display of Harmful Material to a Minor  (misdemeanor or felony)

43.24

Requires Kinship Safety Evaluation and PD approval  

Requires Kinship Safety Evaluation and PD approval  

Risk Evaluation

Risk Evaluation

No

Sexual Performance by a Child (felony)

43.25

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Employment Harmful to Children (felony)

43.251

Requires Kinship Safety Evaluation and PD approval 

N/A

Risk Evaluation

N/A

No

Possession or Promotion of Child Pornography (felony)

43.26

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

N/A

Absolute Bar*

N/A

N/A

Electronic Transmission of Certain Visual Material Depicting Minor (misdemeanor)

43.261

N/A

Requires Kinship Safety Evaluation and PD approval 

N/A

Risk Evaluation

No

Making a Firearm Accessible to a Child (misdemeanor)

46.13

N/A

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Public Intoxication (misdemeanor)

49.02

N/A

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Possession of Alcoholic Beverage in Motor Vehicle (misdemeanor)

49.031

N/A

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Driving While Intoxicated (misdemeanor or felony)

49.04

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Driving While Intoxicated with Child Passenger (felony)

49.045

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Flying While Intoxicated (misdemeanor or felony)

49.05

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Yes

Boating While Intoxicated (misdemeanor or felony)

49.06

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-Year Bar*;         Risk Evaluation between 5 & 10 Years

Risk Evaluation if conviction was in the last 10 years

Felony: No

 

Misdemeanor: Yes

Assembling or Operating Amusement Ride While Intoxicated (misdemeanor or felony)

49.065

 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-Year Bar*;         Risk Evaluation between 5 & 10 Years

Risk Evaluation if conviction was in the last 10 years

Felony: No

 

Misdemeanor: Yes

Intoxication Assault (felony)

49.07

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Intoxication Manslaughter (felony)

49.08

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Engaging in Organized Criminal Activity (felony)

71.02

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

N/A

No

Violation of Court Order

Enjoining Organized Criminal Activity (misdemeanor)

71.021

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang (felony)

71.022

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

N/A

No

Directing Activities of Certain Criminal Street Gangs (felony)

71.023

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

N/A

No

Texas Education Code

Offense

Texas Education Code

Effect on Kinship Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

If This Person Is Eligible for a Risk Evaluation,

May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?

Personal Hazing Offense (felony or misdemeanor)

37.152

Requires a Kinship Safety Evaluation and PD approval

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

No

Texas Family Code

Offense

Texas Family Code

Effect on Kinship Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?

Disclosing confidential information obtained from DFPS social study (misdemeanor)

107.05145(d)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Modification of order on conviction for Child Abuse (misdemeanor)

156.104(b)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Modification of order on conviction for Family Violence (misdemeanor)

156.1045(b)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Placement by Unauthorized Person (misdemeanor)

162.025

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

General Penalty: Violating the Interstate Compact on the Placement of children (misdemeanor)

162.107

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Prohibited Acts: Criminal Penalties

(felony or misdemeanor)

162.421

Requires a Kinship Safety Evaluation and PD approval

Requires a Kinship Safety Evaluation and PD approval

Risk Evaluation

Risk Evaluation

No

Making a False Report of Abuse or Neglect (felony)

261.107

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

N/A

No

Failure to Report; Penalty (felony or misdemeanor)

261.109

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation (KSE)

Requires a Kinship Safety Evaluation and PD approval

Absolute Bar*

Risk Evaluation

No

Conduct of Investigation (misdemeanor)  

261.302(f)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Interference with Investigation; Criminal Penalty (misdemeanor)   

261.3032

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Removal of Alleged Perpetrator; Offense (felony or misdemeanor)

262.1015(g)-(h)

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation (KSE)

Requires a Kinship Safety Evaluation and PD approval

Absolute Bar*

Risk Evaluation

No

Texas Health and Safety Code

Offense

Texas Health and Safety Code

Effect on Kinship Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?

Evading or Resisting Apprehension or Transport by Person Subject to Custody or Temporary Detention (misdemeanor)

81.212

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Reports of Abuse and Neglect or of Illegal, Unprofessional or Unethical Conduct (misdemeanor)

161.132

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Failure to Report: Criminal Penalty (misdemeanor)

260A.012

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Bad Faith, Malicious or Reckless Reporting: Criminal Penalty (misdemeanor)

260A.013

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes

Criminal Penalty (misdemeanor)

464.016

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Manufacture or Delivery of Substance in Penalty Group 1 (felony)

481.112

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Manufacture of Delivery of Substance in Penalty Group 1-A (felony)

481.1121

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (felony)

481.113

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Manufacture or Delivery of Substance in Penalty Group 3 or 4 (felony)

481.114

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Possession of Substance in Penalty Group 1 (felony)

481.115

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Possession of Substance in Penalty Group 1-A (felony)

481.1151

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Possession of Substance in Penalty Group 2 (felony)

481.116

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Possession of Substance in Penalty Group 2-A (felony or misdemeanor

481.1161

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

 Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Possession of Substance in Penalty Group 3 (felony or misdemeanor)

 481.117

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

 Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Possession of Substance in Penalty Group 4 (felony or misdemeanor)

481.118

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

 Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Manufacture, Delivery, or Possession of Miscellaneous Substances (misdemeanor)

481.119

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Delivery of Marijuana (misdemeanor or felony)

481.120

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Possession of Marijuana (misdemeanor or felony)

481.121

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years    

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Delivery of Controlled Substance or Marijuana to a Child (felony)

481.122

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substances (misdemeanor or felony)

481.124

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment (felony)

481.1245

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Possession or Delivery of Drug Paraphernalia (misdemeanor or felony)

481.125

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval  if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Illegal Barter, Expenditure or Investment (felony)

481.126

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Unauthorized Disclosure of Information (felony)

481.127

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Commercial Matters (felony)

481.128

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years  

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Diversion of Controlled Substance by Restraints, Dispensers, and Certain Other Persons (felony)

481.1285

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years  

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Fraud (misdemeanor or felony)

481.129

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-year Bar*, Risk Evaluation between 5 & 10 years

Risk Evaluation if conviction was in the last 10 years

Felony: No

Misdemeanor: Yes

Diversion of Controlled Substance Property or Plant (felony)

481.131

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Falsification of Drug Test Results (misdemeanor)

481.133

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Unlawful Transfer or Receipt of Chemical Precursor (felony)

481.136

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Transfer of Precursor Substance for Unlawful Manufacture (felony)

481.137

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (felony)

481.138

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture (felony)

481.139

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-year Bar*, Risk Evaluation between 5 & 10 years

N/A

No

Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty (felony)

482.002

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-Year Bar*;        

Risk Evaluation between 5 & 10 Years

N/A

No

Possession of Dangerous Drug (misdemeanor)

483.041

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

No

Delivery or Offer of Delivery of Dangerous Drug (felony)

483.042

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-Year Bar*;

Risk Evaluation between 5 & 10 Years

N/A

No

Manufacture of Dangerous Drug (felony)

483.043

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

N/A

5-Year Bar*;

Risk Evaluation between 5 & 10 Years

N/A

No

Forging or Altering Prescription (misdemeanor)

483.045

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

No

Possession and Use (misdemeanor)

485.031

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

No

Delivery to a Minor (felony or misdemeanor)

485.032

5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

5-Year Bar*;

Risk Evaluation between 5 & 10 Years

Risk Evaluation if conviction was in the last 10 years

No

Inhalant Paraphernalia (misdemeanor)

485.033

N/A

Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

No

Hampering, Obstructing, Tampering with or Destroying Electronic Monitoring Device, Tape or Recording from Resident's Room at State Supported Living Center (misdemeanor)

555.162

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Texas Human Resources Code

Offense

Texas Human Resources Code

Effect on Kinship Placement

Felony (Includes All Levels Unless Otherwise Specified

Effect on Kinship Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?

Confidentiality of Information (misdemeanor)

40.005(e)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes

False Report: Criminal Penalty (felony or misdemeanor)

42.0447

Requires a Kinship Safety Evaluation and PD approval

Requires a Kinship Safety Evaluation and PD approval

Risk Evaluation

Risk Evaluation

Yes

Required Background and Criminal History Checks: Criminal Penalties (misdemeanor)

42.056(i)-(k)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Administering Medication (misdemeanor)

42.065(g)-(h)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes

Criminal Penalties (misdemeanor)

42.076

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes

Criminal Penalty for Operating Daycare Center without Qualified Director

(misdemeanor)

42.0761

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes

Penalty (misdemeanor)

43.012

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes

Failure to Report; Penalty (felony or misdemeanor)

48.052

Absolute Bar unless RD exception granted following a Kinship Safety Evaluation

Requires a Kinship Safety Evaluation and PD approval

Absolute Bar*

Risk Evaluation

No

False Report; Penalty (misdemeanor)

48.053

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes

Texas Alcoholic Beverage Code

Offense

Texas Alcoholic Beverage Code

Effect on Kinship Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?

Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor (misdemeanor)

106.06

N/A

KSE and PD approval if conviction was in the last 10 years

N/A

Risk Evaluation if conviction was in the last 10 years

Yes

Any other title under the Texas Penal Code or any other Texas code not specifically mentioned above

Offense

Texas Penal Code or any other various Texas Codes

Effect on Kinship Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Felony (Includes All Levels Unless Otherwise Specified)

Effect on Kinship Foster Placement

Misdemeanor (Includes All Levels Unless Otherwise Specified)

If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?

Varies – Any offense not specifically listed that DFPS determines is a financial crime

Varies

KSE and PD approval if conviction was in the last 10 years

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Varies

Varies

KSE and PD approval if offense  conviction was in the last 10 years

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

No