1800 Records Checks
CPS December 2020
DFPS conducts records checks to make risk assessments, family assessments, and other assessments (including assessments related to home studies or child care).
The records checks that DFPS may conduct include, but are not limited to, the following:
- Criminal records checks that are authorized by law.
- DFPS history checks and child abuse and neglect records checks that are authorized by DFPS policy.
1810 Legal Requirements for Criminal Records Checks
CPS December 2020
Texas law gives DFPS the authority to obtain criminal history information from certain other agencies, if funds appropriated by the Legislature are available for this purpose. These other agencies are the following:
- The Department of Public Safety (DPS), as stated in Texas Government Code §411.114.
- Other law enforcement agencies in Texas, subject to the same procedures and limitations in Government Code §411.114, as applicable.
- Federal agencies, as provided by federal law.
Texas Human Resources Code, §40.054
The Texas Government Code provides that there are criminal penalties for doing any of the following:
- Obtaining criminal history information in an unauthorized manner.
- Using criminal history information for an unauthorized purpose.
- Disclosing or providing a copy of criminal history information to a person who is not entitled to the information.
Depending on the circumstances, the penalty is a Class B misdemeanor or a second-degree felony.
Texas Government Code §411.085
1820 Purpose and Types of Background Checks
CPS December 2020
The purpose of conducting background checks is to determine whether a person has any criminal history or abuse or neglect history that may pose a risk to the health or safety of children.
There are several types of background checks that DFPS is authorized to conduct. See the Types of Background Checks webpage.
1830 People on Whom Criminal Records Checks Can Be Made
CPS September 2023
State law allows DFPS to obtain DPS and FBI criminal history information that relates to a person who is in any of the categories described in Section 411.114 of the Texas Government Code.
CPS and CPI staff members may request criminal records checks only on people listed as principals in the following categories:
- A person 14 years old or older who is the subject of a report DFPS receives alleging that the person abused or neglected a child, as long as the person is not also alleged to be a child victim.
- A person 14 years old or older in the home where there are allegations of abuse or neglect and where the child victim lives.
- A person, including an alleged perpetrator, living in the residence in which the alleged victim of the report resides.
- A person who, at the request of the child’s parent, provides in-home care to a child who is the subject of a report alleging the child has been abused or neglected.
- A person who provides or applies to provide kinship care for a child in DFPS conservatorship. See 6600 Case Planning with Relatives and Other Kinship Caregivers.
- A person 14 years old or older who lives with a kinship caregiver providing or applying to provide kinship care for a child in DFPS conservatorship. See 6600 Case Planning with Relatives and Other Kinship Caregivers.
- A person who provides or applies to provide adoptive or foster care for a child in DFPS conservatorship. See 7000 Foster and Adoptive Home Development and its subitems.
- A person 14 years old or older who lives with a person providing or applying to provide adoptive or foster care for a child in DFPS conservatorship. See 7000 Foster and Adoptive Home Development and its subitems.
- A person who has unsupervised access to a child in the care of DFPS who is or will be receiving adoptive, foster, or in-home care. See 7000 Foster and Adoptive Home Development and its subitems.
1840 Disclosure and Release of Criminal History Records Information (CHRI)
CPS September 2023
DFPS must not disclose or release the DPS criminal records received from the Department of Public Safety (DPS) or from another Texas law enforcement agency from which DFPS received criminal history information pursuant to Texas Government Code §411.114, except as authorized. See 1842 Releasing of a Copy of the DPS Criminal Records Check for instances where it is allowable to release or disclose the information.
DFPS cannot disclose, release, or share FBI criminal history record information (CHRI) under any circumstances to any person or entity, verbally or in writing, except to the person who is the subject of the check.
Texas Government Code §411.114
Criminal Justice Information Services (CJIS) Security Policy
1841 Definition of Disclosure
CPS September 2023
Disclosure is defined as doing any of the following:
- Telling a person about the contents of the criminal records check; this includes sharing the information verbally or in writing.
- Showing a person a copy of the criminal records check (but not giving it to the person or allowing the person to make a copy of it).
- Restating the criminal history information, verbally or in writing, or giving a person a copy of the restatement.
- Releasing a copy of the criminal history record information results.
1842 Releasing of a Copy of the DPS Criminal Records Check
CPS September 2023
DFPS, including caseworkers when appropriate, may disclose Department of Public Safety’s (DPS) criminal history record information (CHRI) to specific types of people or entities per Texas Government Code §411.114, in the following limited circumstances:
- By court order.
- To the person who is the subject of the DPS criminal history record information.
- To another person or entity with the consent, either verbal or written, of the person who is the subject of the DPS criminal history record information.
- For purposes of an administrative hearing held by DFPS concerning the person who is the subject of the criminal history record information.
- A child-placing agency (CPA) that is seeking to verify or approve a foster or adoptive home under procedures authorized by federal law.
- An adult who resides with an alleged victim of abuse, neglect, or exploitation of a child, elderly person, or person with a disability and who also resides with the alleged perpetrator of that abuse, neglect, or exploitation if the alleged perpetrator is the subject of the criminal history record information and DFPS determines that the release of information to the adult is necessary to ensure the safety or welfare of the alleged victim or the adult.
FBI CHRI cannot be disclosed under any circumstance, except to the person who is the subject of the criminal history record information.
In the Records Management Group Handbook, see:
3000 Disclosure of DFPS Records
2540 Handling Criminal History Record Information