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

If DFPS disqualifies a person from serving as a relative or other designated caregiver on the basis of a conviction for a low-risk criminal offense, the person may appeal the disqualification. A “low-risk” criminal offense is defined as:

a nonviolent criminal offense, including a fraud-based offense, the department determines has a low risk of impacting:

(1)  a child’s safety or well-being; or

(2)  the stability of a child’s placement with a relative or other designated caregiver.

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 Family Code

Texas Human Resources Code

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?

Tampering with a Consumer Product (felony)

22.09

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

Criminal Nonsupport (felony)

25.05

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

N/A

No

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

Criminal Simulation (misdemeanor)

32.22

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Trademark Counterfeiting (felony or misdemeanor)

32.23

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

Fraudulent Transfer of a Motor Vehicle (felony or misdemeanor)

32.34

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 Transaction Record Laundering (felony or misdemeanor)

32.35

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

Issuance of Bad check or Similar Sight Order (misdemeanor)

32.41

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Deceptive Business Practices (misdemeanor)

32.42

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Commercial Bribery (felony)

32.43

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

Rigging Publicly Exhibited Contest (misdemeanor)

32.44

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Illegal Recruitment of an Athlete (felony or misdemeanor)

32.441

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)

32.46

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

Other Deceptive Practices (felony or misdemeanor)

32.47

32.48

32.49

32.50

32.51

32.52

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

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 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

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 the last 10 years 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

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

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Improper Influence (misdemeanor)

36.04

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Acceptance of Honorarium (misdemeanor)

36.07

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

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

36.08

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

Offering Gift to Public Servant (misdemeanor)

36.09

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

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

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

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

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Failure to Identify (misdemeanor)

38.02

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

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

38.03

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

Evading Arrest or Detention (felony or misdemeanor)

38.04

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 Apprehension or Prosecution (felony or misdemeanor)

38.05

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

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

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

Yes

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 

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

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

No Action Needed

Risk Evaluation if conviction was in the last 10 years

No Action Needed

Yes

Interference with Police Service Animals (felony or misdemeanor)

38.151

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

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

38.152

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

Use of Accident Report Information and other Information for Pecuniary Gain (misdemeanor)

38.18

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

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

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

Possession of Alcoholic Beverage in Motor Vehicle (misdemeanor)

49.031

N/A

Requires Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

No

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

49.065

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

Texas Family 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?

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

Texas Human Resources 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?

Confidentiality of Information (misdemeanor)

40.005(e)

N/A

Requires a Kinship Safety Evaluation and PD approval

N/A

Risk Evaluation

Yes