Previous PageNext Page

2380 Record Checks

APS-IH / February 2013

Although information contained in IMPACT is confidential, DFPS staff may use IMPACT data for authorized purposes or release it externally when authorized by and in accordance with law and policy.

APS specialists perform records checks on persons related to a case only for the purposes of investigating reports and providing protective services.

APS researches background information of principals in APS cases to develop a thorough knowledge and understanding of:

  •   the potential risk of harm;

  •   the principal’s behaviors, including the likelihood of recurrence;

  •   the current and recurrent problems; and

  •   any prior interventions.

Only immediate supervisors and human resources staff are authorized to perform records checks on persons who are not related to a case.

See also 5100 Confidentiality, Disclosure, and Release of Case Information.

2381 Criminal History Records Checks

APS-IH / November 2016

APS conducts statutorily authorized criminal history checks in order to meet the requirements established by Texas Government Code §411.114, and to:

  •  fully investigate allegations of abuse, neglect, and financial exploitation of persons age 65 or older and adults with a disability;

  •  obtain information relevant to the safety of alleged victims and APS specialists; and

  •  obtain historical information regarding alleged perpetrators’ actions.

Criminal history includes information collected about a person by the Texas Department of Public Safety or the FBI that consists of criminal charges, arrests, and dispositions. DPS has criminal history for Texas only; the FBI has history for the United States.

Criminal history information may only be released by DFPS to DADS or any outside entity:

  •  with the consent of the person who is the subject of the criminal record; or

  •  upon court order.

See also 5126 Disclosure of Criminal History Information.

2381.1 Required Criminal History Records Checks

APS-IH / November 2016

According to Texas Government Code §411.114, DFPS must obtain criminal history information from the Department of Public Safety or the FBI that relates to:

  •  an alleged perpetrator in a report DFPS receives alleging that the person has abused, neglected, or exploited a child, a person age 65 or older, or a person with a disability, provided that:

  •  the report alleges the person has engaged in conduct that meets the applicable definition of abuse, neglect, or financial exploitation under Chapter 261, Family Code and Chapter 48, Human Resources Code, and

  •  the person is not also the victim of the alleged conduct (for example, self-neglect);

  •  an applicant selected for a position with DFPS whose duties include direct delivery of protective services to children, persons age 65 or older, or persons with a disability;

  •  a DFPS employee who is engaged in the direct delivery of protective services to children, persons age 65 or older, or persons with a disability;

  •  a registered volunteer with DFPS; and

  •  an employee, applicant for employment, volunteer, or volunteer applicant of:

  •  a business entity or person that contracts with DFPS to provide direct delivery of protective services to children, persons age 65 or older, or persons with a disability; or

  •  a non-profit, tax exempt organization that contracts with a non-profit management center to provide services to children, persons age 65 or older, or persons with a disability.

See also 5126 Disclosure of Criminal History Information.

2381.2 Optional Criminal History Records Checks

APS-IH / November 2016

Texas Government Code §411.114 also entitles, but does not mandate, DFPS to obtain criminal history records from the Department of Public Safety on:

  •  a person living in the residence in which the alleged victim of the report resides; or

  •  a volunteer or applicant volunteer (other than a registered volunteer) with DFPS, regardless of the duties to be performed.

See also:

2381.1 Required Criminal History Records Checks

5126 Disclosure of Criminal History Information

2381.3 Criminal History Records Checks From Sources Other Than DPS

APS IH / September 2011

According to Texas Government Code §411.114(a)(4), DFPS is entitled to seek criminal record information from the Federal Bureau of Investigation on persons described in 2381.1 Required Criminal History Records Checks.

Information may also be obtained from any other criminal justice agency in Texas that relates to persons described in 2381.1 Required Criminal History Records Checks.

Law enforcement entities must expedite the furnishing of such information to DFPS to ensure prompt criminal background checks for the safety of alleged victims and APS specialists.

2381.4 Available Information Is Insufficient for Criminal History Records Checks

APS IH September 2014

If the APS specialist does not have sufficient information to conduct a criminal history records check, he or she documents in the narrative of a Contact Detail page:

  •   the attempts to obtain the information from the alleged perpetrator; and

  •   the reason why the information was not obtained.

2381.5 Criminal History Records Checks and Referrals to DADS Guardianship Services

APS-IH / November 2016

APS specialists are responsible for conducting a criminal history records check on an alleged perpetrator before referring a case to DADS Guardianship Services.

At their discretion, APS specialists also have statutory authority to conduct criminal background checks on persons living in the same residence as the alleged victim.

Criminal history information may be released outside DFPS to DADS or any outside entity:

  •  upon court order.

  •  with the consent of the person the criminal history information is about; or

  •  for the purposes of an administrative hearing held by DFPS concerning the person who is the subject of the criminal history record information.

See 4732.1 Criminal History Checks.

Texas Government Code §411.114

2381.6 Procedure for Obtaining Criminal History Information

APS-IH / September 2011

The APS specialist:

  •   obtains criminal history information for all alleged perpetrators by:

  •   reviewing criminal history information previously captured in the Records Check Detail page in the IMPACT system,

  •   attempting to verify and enter as much information as possible on the Person Detail page in IMPACT to ensure a correct data match with DPS,

  •   documenting attempts to gather information for the Person Detail page and the reason that information cannot be obtained,

  •   conducting a new DPS criminal history check from the Records Check Detail page in IMPACT, unless the Records Check Detail page shows that a DPS criminal history check was conducted in the previous 12 months, and

  •   requesting additional criminal history checks from the Federal Bureau of Investigations and other Texas criminal justice agencies as appropriate and necessary;

  •   conducts DPS criminal history checks on household members other than the alleged perpetrator, as appropriate and necessary to protect the alleged victim;

  •   reviews the results of the DPS criminal history check, and then:

  •   accepts records that belong to the subject of the DPS criminal history check, and

  •   rejects records that do not belong to the subject of the DPS criminal history check;

  •   does not print the results of the DPS criminal history check if:

  •   the record does not belong to the subject of the DPS criminal history check, or

  •   no record is returned;

  •   enters all criminal history documentation that is received in paper format into the External Documentation page and files the exhibits in the paper file.

See:

IMPACT FYI Request Criminal History Check

IMPACT FYI Criminal History Check Results Page

IMPACT FYI View Criminal History Check Results Page

IMPACT FYI Accept or Reject a Criminal History Check Results Page

See also:

5212 External Case File

5222 External Documentation Page

2381.7 Using Criminal History Information to Reach a Finding

APS-IH / September 2011

Criminal history or any other documented past behavior may, with due caution to avoid the appearance of prejudice, be considered as evidence in an APS case. The APS specialist considers only actual convictions and not arrests when weighing criminal history information and other collected evidence to establish a preponderance of evidence.

The APS specialist:

  •   considers alleged perpetrators' criminal history information when conducting investigations and assessing alleged victims' overall situations and risk; but

  •   does not validate current allegations of abuse, neglect, or exploitation based solely or primarily upon the criminal history of alleged perpetrators.

The APS specialist considers pertinent factors in determining the relevance of criminal history to a current allegation, including:

  •   when the crime was committed;

  •   the age of the alleged perpetrator when the crime was committed;

  •   the type of crime committed;

  •   any similarity or dissimilarity between the past crime and the current allegations; and

  •   whether the alleged perpetrator committed multiple crimes or is a habitual criminal.

2382 DFPS Principal Case History

APS-IH / November 2008

APS reviews DFPS histories of alleged victims and alleged perpetrators to develop a thorough knowledge and understanding of:

  •   risk of harm;

  •   behaviors, including likelihood of recurrence;

  •   current and recurrent problems; and

  •   prior interventions.

2382.1 Procedure for Using DFPS Principal Case History to Assess Alleged Victims

APS-IH / November 2008

The APS specialist views cases listed on the Principal Case History page in IMPACT to research previous DFPS history for the alleged victim and alleged perpetrator.

Previous PageNext Page