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6000 Central Registry Checks for the Public

CBCU October 2017

The Texas Child Abuse and Neglect Central Registry is maintained by the Texas Department of Family and Protective Services as required by Texas Family Code §261.002.

This registry consists of the names of persons found by DFPS to have abused or neglected a child, as determined according to case information gathered in an investigation by Child Protective Services (CPS), Child Care Licensing (CCL), or Adult Protective Services (APS) Provider Investigations.

An individual is included in the central registry when the investigation resulted in a disposition of:

  •   “reason to believe” in a CPS or CCL investigation; or

  •   “confirmed” in an APS investigation.

Individuals who were investigated by CPS, CCL, or APS and were not found to have caused child abuse or neglect are not included in the central registry. Additionally, findings of abuse, neglect, or exploitation of an adult victim are not included in the central registry.

An individual will not clear the central registry check if that individual is an alleged perpetrator in an open child abuse or neglect investigation being conducted by DFPS.

6100 Requesting a Central Registry Check

CBCU October 2017

CBCU (Centralized Background Check Unit) staff complete background checks within the Central Registry for the public. This policy does not apply to Central Registry checks made for the Office of Refugee Resettlement (ORR) or Superior Health Plan.

If the request is for a Texas child-care operation or foster/adopt placement, in the Licensing Policy and Procedures Handbook, see 5300 Central Registry and Criminal History Searches.

Requests from the public are submitted using Form 2970 Request for Texas Child Abuse/Neglect Central Registry. The completed Form 2970 may be submitted to the email address, mailing address, or fax number listed on the form. Questions about Form 2970 can be emailed to TXAbuseNeglectBGC@dfps.state.tx.us.

6110 Who Can Submit a Request for a Central Registry Check

CBCU October 2017

DFPS only allows the subject of the background check to request a Central Registry check. The subject of the Central Registry check has the right to receive the results of this check and to share them with any third party at the subject’s discretion. A third party may submit the request on the subject’s behalf, but the subject must complete Form 2970. The request form must be signed by the subject of the background check in the presence of a notary public in order to confirm that the subject of the background check has authorized the request.

6120 Central Registry Checks for Prospective Foster/Adoptive Parents In Another State or Prospective Adoptive Parents Seeking a Private Adoption

CBCU October 2017

As provided under the federal Adam Walsh Child Protection and Safety Act of 2006, Central Registry check requests must be submitted to CBCU for prospective foster or adoptive parents.

Out of State

If the subject of the background check is a prospective foster or adoptive parent who will be licensed by an authority in a state outside of Texas, the Central Registry check request must be submitted using Form 2970. The request may be submitted by the individual, by the Child Placing Agency, or by the authority in the state where the individual will be licensed, provided the form is completed by the subject of the background check.

Private Adoptions

Individuals completing a private adoption, such as independent adoptions arranged directly by the child’s birth parents or guardian and the adoptive parents or step-parent adoptions, must complete background check requirements including a Central Registry check as part of the adoptive home screening. The Central Registry check request must be submitted by the subject of the check using Form 2970.

6130 Central Registry Checks for Employment with Day Cares or Head Starts not regulated by Child Care Licensing in Texas

CBCU October 2017

As provided under the federal Child Care and Development Block Grant Act of 2014 (CCDBG), central registry check requests must be submitted to CBCU when the subject of the central registry check is a current or prospective employee of a Head Start program not regulated by Child Care Licensing in Texas or a child day care in a state outside of Texas and if the subject of the background check has resided in Texas in the past 5 years.

The Central Registry check request must be submitted using Form 2970. The request may be submitted by the individual, by the employer, or by the authority in the state where the employer is licensed, provided the form is completed by the subject of the background check.

For day cares and Head Start programs that are regulated by CCL, applicants need to follow the background check process as defined in Texas Administrative Code§746.1105(1).

6200 Central Registry Check Results

6210 Cleared Results

CBCU October 2017

A cleared result of a central registry check indicates that the subject of the background check does not have a role of designated, alleged, or sustained perpetrator in the central registry.

6220 Match Results

CBCU October 2017

A match result of a central registry check indicates that the subject of the background check has the role of alleged, designated, or sustained perpetrator in an investigation included in the registry.

The result notification will indicate whether the subject of the background check is an alleged, designated, or sustained perpetrator as defined by Texas Administrative Code §745.731, the Texas Department of Family and Protective Services program that made this determination, and the case ID number.

The CBCU cannot provide the subject of the background check with specific information within the Texas Department of Family and Protective Services case record, including any details from the investigation that may have led the Texas Department of Family and Protective Services agency to make the determination that the subject of the background check was a perpetrator of abuse or neglect.

If the subject of the background check would like to obtain specific information regarding the case, the subject of the background check can request a copy of the case record. See How to Request Copies of Case Records on the Texas Department of Family and Protective Services website.

6230 Who Receives Central Registry Check Results

CBCU October 2017

For background checks unrelated to employment or volunteering, the subject of the background check may indicate a designee to receive the results if the results of the central registry check are clear.

For background check requests related to employment or volunteering, DFPS cannot release the cleared results to any person other than the subject.

If the check results in a match, DFPS will send the results directly to the subject.

DFPS will send cleared and match results to other state or federal agencies that are listed as the designee related to Adam Walsh or CCDBG central registry checks, once the designee’s state employment identity is confirmed.

6300 Appealing Central Registry Check Results

CBCU October 2017

If a central registry check results in a match, some individuals have the right to formally appeal this result in a due process hearing. A due process hearing is a formal legal proceeding conducted by an administrative law judge at the Texas State Office of Administrative Hearings.

The purpose of the hearing is to provide an impartial setting for the person affected by the agency’s decision or action to challenge the appropriateness of that decision or action. If the individual waives his or her right to appeal the DFPS decision, or the Administrative Law judge determines the finding was appropriate, the finding is then sustained.

In accordance with 40 TAC §745.8835, a person may request a due process hearing regarding a central registry match only when the Public Texas Central Registry check is run for the Adam Walsh Child Protection and Safety Act of 2006 or the Child Care and Development Block Grant Act of 2014 mandates.

The CBCU will determine if the subject of the background check is a designated, alleged, or sustained perpetrator as a result of any match. If the person is a designated perpetrator in a CPS or APS investigation, the CBCU will send a letter notifying the subject of the background check of this right to a due process hearing if the person has not already been notified of this right. If the designated perpetrator is a minor, the CBCU must send the notification directly to the parent or legal guardian.

If the subject of the central registry check is found to be a designated perpetrator in a CCL investigation, Child Care Licensing will send the notification letter.

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