As part of the 2017 legislative session, House Bill 4094 amended Human Resources Code §42.056 regarding background checks for operations regulated by Child Care Licensing. These changes go into effect January  2018, with technology to support these changes releasing on January 7, 2018.

In order to provide clarification, the CBCU is posting information regarding these changes on this web page.

What is changing about required types of background checks for a person at my operation after January 7, 2018?
  • Any individual requiring an FBI fingerprint check will no longer need a DPS name-based criminal history check.
  • For individuals that require an FBI fingerprint check, the background check is considered complete when you receive the results for both the FBI check and the Central Registry check.
  • For individuals that do not require an FBI fingerprint check, the background check is considered complete when you receive the results for both the DPS check and the Central Registry check.

What is changing about submitting a background check after January 7, 2018?

  • You won’t need to change anything with how you submit background checks, whether you are required to submit online through the Public & Provider website or if you submit paper request forms.
  • To ensure that you request the correct background check types for any individuals required to have an FBI check according to 40 TAC §745.615(b),
    • on the Public & Provider website, make sure to select “YES, This person does require an FBI check” on the Request Background Check page; or
    • on the Child Care Licensing Request for Background Check form, make sure to mark the “Fingerprint Check Required” checkbox.
  • If the individual is required to have an FBI check, you should make these selections regardless of whether the request is the individual’s initial or renewal check, or whether the individual may need to be fingerprinted again.

What is changing about when a person can be present at my operation after January 7, 2018?

  • For any individuals that require an FBI fingerprint check, you must receive the results for both the FBI check and the Central Registry check before the individual may be present at the operation. The CBCU will notify you if there is further action that must be completed for those background check results before the individual can be present.
  • For any individuals that do not require an FBI fingerprint check, you must receive the results for both the DPS check and the Central Registry check before the individual may be present at the operation. The CBCU will notify you if there is further action that must be completed for those background check results before the individual can be present.

Background Check Updates Letter to Residential Child Care Licensing Providers

Background Check Updates Letter to Child Care Licensing Providers