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9000 Background Checks for External Partner Organizations

Background Checks February 2021

DFPS Background Checks completes background checks for a number of external partner organizations as required by federal and state statutes. In addition, DFPS conducts these checks using a formal agreement such as a Memorandum of Understanding (MOU).

A background check may contain the following types of checks:

  • Texas Name-Based Criminal History Check
  • DFPS History Check
  • Central Registry Check
  • FBI Criminal History Check

The results of the background check are sent to the requestor or subject of the background check based on who requested the background check. For some external partner organizations, Background Checks staff reviews the subject’s criminal, abuse, or neglect history and makes a determination to clear or bar the subject of the background check from the requested role with the organization. See 9300 Processing Background Check Results.

9100 External Partner Organizations

Background Checks February 2021

The following external partner organizations may request the required background checks for any person who works or applies to work with the external partner organization. See 9200 Requesting a Background Check.

9110 Big Brothers Big Sisters (BBBS)

Background Checks February 2021

BBBS supports volunteers who are in one-to-one mentoring relationships with children in communities across the country. The agency’s goal is to have direct and lasting effects on the lives of young people. Texas Government Code §411.114(3)(N) authorizes DFPS to obtain criminal history information on a volunteer or applicant volunteer with Big Brothers Big Sisters in Texas.

Background Checks staff processes Texas Name-Based Criminal History and DFPS Central Registry background checks for BBBS volunteers. In addition, when a BBBS organization volunteers under a direct contract with DFPS, the background check is processed according to 2000 Background Checks for Purchased Client Services.

9120 Children’s Advocacy Center (CAC)

Background Checks February 2021

This agency includes staff and volunteers who work with children suspected of being victims of abuse or neglect or who have witnessed a violent crime. The centers offer forensic interviews, medical exams, and counseling during the investigation and prosecution of abuse or neglect cases.

Texas Government Code §411.114(3)(P) authorizes DFPS to obtain criminal history information on an employee, volunteer, or applicant volunteer of a children’s advocacy center under Subchapter E, Chapter 264, Family Code, including a member of the governing board of a center.

Background Checks staff processes Texas Name-Based Criminal History and DFPS Central Registry background checks for CAC staff and volunteers.

9130 Human Trafficking Advocacy Agencies

Background Checks February 2021

DFPS works with a number of external partner organizations that seek to identify and provide coordinated services to victims of commercial exploitation. The agency does this through a Memorandum of Understanding (MOU).

Background Checks staff processes Texas Name-Based Criminal History and Texas DFPS History background checks for Human Trafficking Advocacy staff and volunteers that may have contact with DFPS clients. If the subject of the background check lives outside Texas or has lived outside Texas in the past two years, an FBI fingerprint check is also required. In addition, DFPS may require an FBI fingerprint background check if the person has not lived outside Texas in the past two years, but DFPS has good cause for doing this check.

9140 Superior Health Plan

Background Checks February 2021

Superior Health Plan (SHP) is a managed health-care company that provides health care for many Texans and is the exclusive provider of STAR Health. STAR Health provides health care coverage for children and young adults in foster care.

The Health and Human Services Commission STAR Health contract terms require Texas Central Registry background checks for behavioral health providers seeking credentialing or re-credentialing with SHP, because these providers have access to DFPS resources and clients. This includes the following license types:

  • LCSW
  • LPC
  • LMFT
  • Ph.D.

Background Checks staff processes Texas Central Registry background checks on SHP providers.

9150 Texas Juvenile Justice Department

Background Checks February 2021

Texas Juvenile Justice Department (TJJD) facilities must comply with the Prison Rape Elimination Act (PREA), a federal law that establishes a zero-tolerance standard against sexual abuse of incarcerated people of any age. TJJD facilities make prevention a top priority and check the child abuse registry maintained by DFPS. Based on the MOU between DFPS and TJJD, background checks should be submitted only for the following people:

  • Applicants TJJD intends to hire.
  • Current employees who have been identified for promotion.
  • Contractors whose job responsibilities may place them in contact with correctional facility residents.

Background Checks staff processes DFPS Central Registry background checks on current and prospective TJJD employees, as well as contractors who have access to correctional facility residents.

9200 Requesting a Background Check

Background Checks February 2021

Background checks are requested through the DFPS Automated Background Check System (ABCS). The external partner organization completes the action in the applicable subsection to either set up an ABCS account or submit background checks.

9210 BBBS and CAC

Background Checks February 2021

The ABCS representative for the organization consents to the background check by completing and signing Form 2854 Request for Central Registry and Criminal History Background Checks, and then submitting the form to DFPS CAC TX BGC Request to create the ABCS account.

Once the ABCS account is created and a person clears the background check, the ABCS representative enters background checks for the organization’s employees and volunteers directly into ABCS.

9220 Human Trafficking Advocacy Agencies

Background Checks February 2021

The ABCS representative for the organization consents to the background check by completing and signing Form 2944 Non-DFPS Staff Background Check Request Form, and then submitting the form to DFPS External Access BGC to create the ABCS account.

Once the background check is cleared by Background Checks staff, the ABCS representative is authorized to enter background check for the organization’s employees and volunteers directly into ABCS The ABCS representative initiates a renewal background check annually from the date of the original request for all Human Trafficking Advocacy agency staff and volunteers who continue to have contact with DFPS clients.

9230 SHP

Background Checks February 2021

A SHP representative provides Form 1600 Request for Child Abuse/Neglect Central Registry Check - Superior Health Plan to the subject of the background check who consents to the background check by completing and signing the form. A SHP representative then submits the completed form to Background Checks staff. The staff enters the background check request to initiate the background check.

The ABCS representative initiates a renewal background check every 24 months from the date of the original request for SHP providers.

9240 TJJD

Background Checks February 2021

The ABCS representative for the TJJD consents to the background check by completing and signing Form 2944 Non-DFPS Staff Background Check Request Form, and submit the form to PCS to create the ABCS account. Once the ABCS account is created and the person clears the background check, the ABCS representative enters background checks for the TJJD’s employees and volunteers directly into ABCS.

The ABCS representative initiates a renewal background check every 24 months from the date of the original request for TJJD employees and contractors who have access to correctional facility residents.

9300 Processing Background Check Results

Background Checks February 2021

Background Checks staff processes background check requests and sends the results to the requestor or subject of the background check based on the type of External Partner Organization that requested the background check.

9310 BBBS and CAC

Background Checks February 2021

After the background check is completed, Background Check staff does the following:

  • If the subject of the background check has no criminal, abuse, or neglect history, Background Check staff notifies the requestor that the background checks have cleared for the individual.
  • If the subject of the background check has any DFPS abuse or neglect history, the person is barred from accessing DFPS resources and clients and the results are sent to the subject of the background check.
  • If the subject of the background check has any criminal history, the results are not reviewed by Background Checks staff and are sent to the requestor.

9320 Human Trafficking Advocacy Agencies

Background Checks February 2021

After the background check is completed, Background Check staff does the following:

9330 SHP

Background Checks February 2021

If the subject of the background check is not listed as a Designated Perpetrator (DP) or Sustained Perpetrator (SP) in an abuse or neglect investigation that was found Reason to Believe (RTB), Background Checks staff notifies the SHP that the person is cleared.

If the subject of the background check has any of the following history, Background Checks staff uses the table below to determine which action to take.

Table 1: Central Registry Results and Required Action

Subject's Role and Type of Abuse

Action

Sustained Perpetrator (SP)

Physical Abuse (PHAB)

Sexual Abuse (SXAB)

Labor Trafficking (LBTR)

Sex Trafficking (SXTR)

Sexual Exploitation (APS Facility only)

Exploitation (EXPL)

Exploitation (EXPC) for Licensing

Forced or Coerced Marriage Abuse (FMAB)

Background Checks staff notifies the SHP that the person is barred from accessing DFPS resources and clients.

Sustained Perpetrator (SP)

Neglectful Supervision (NSUP)

Abandonment (ABAN)

Refusal to Accept Parental Responsibility (RAPR)

Emotional Abuse (EMAB)

Physical Neglect (PHNG)

Medical Neglect (MDNG)

Mental Health Neglect (MHNG)

Suicidal Threat (SUTH)

Neglect (NEGL)

Background Checks staff conducts a risk assessment before rendering a decision. See 9400 Completing a Risk Assessment.

Designated Perpetrator (DP)

Physical Abuse (PHAB)

Sexual Abuse (SXAB)

Labor Trafficking (LBTR)

Sex Trafficking (SXTR)

Sexual Exploitation (APS Facility only)

Exploitation (EXPL)

Exploitation (EXPC) for Licensing

Forced or Coerced Marriage Abuse (FMAB)

Background Checks staff sends the results to the subject of the background check and offers an opportunity for the subject to request an appeal during a State Office of Administrative Hearing. Background Checks staff does not notify SHP of the results until the appeal process is complete.

Designated Perpetrator

Neglectful Supervision (NSUP)

Abandonment (ABAN)

Refusal to Accept Parental Responsibility (RAPR)

Emotional Abuse (EMAB)

Physical Neglect (PHNG)

Medical Neglect (MDNG)

Mental Health Neglect (MHNG)

Suicidal Threat (SUTH)

Neglect (NEGL)

Background Checks staff conduct a risk assessment before rendering a decision. See 9400 Completing a Risk Assessment. SHP is not notified of the results until the risk assessment process is complete.

Alleged Perpetrator (AP) in an Open Investigation

Listed in an Alternative Response (AR) stage

Background Checks staff does not review this type of history until the case or stage has closed. Background Checks staff takes theappropriate action based on the final results.

9340 TJJD

Background Checks February 2021

After checking the Central Registry, Background Check staff does the following:

  • If the subject of the background check is not listed on the Central Registry, Background Check staff notifies the requestor that the background check has cleared for the person.
  • If the subject of the background check is listed on the Central Registry, Background Check staff sends results to the subject of the background check. The requestor does not receive any notification.

9400 Completing a Risk Assessment

Background Checks February 2021

If the subject of a background check requested for a Human Trafficking Advocacy agency or SHP has any of the following criminal, abuse, or neglect history, Background Checks staff conducts a risk assessment before rendering a decision.

The subject of the background check may not access DFPS resources or clients until the risk assessment is complete and the results clear the person for accessing DFPS resources or clients.

Background Checks staff also conducts a risk assessment on juvenile criminal history obtained from DPS or the FBI for these populations. If Background Checks staff assesses that there is risk of immediate harm if access to DFPS Resources and clients is allowed, Background Checks staff may consult with the DFPS Office of General Counsel (Legal Division) to make a final determination.

Certain criminal convictions not specifically noted in Appendix 3000-1: Criminal History Chart for DFPS Employees, Volunteers, Interns, Prospective Employees, and Non-DFPS Staff may also require a risk assessment for Human Trafficking Advocacy agency volunteers. The assessment is required if there is concern that the criminal offense poses a risk of harm to DFPS resources and clients.

Based on the risk assessment, Background Checks staff does either of the following:

  • Notifies the requestor that the person is cleared and may have access to DFPS resources and clients.
  • Notifies the requestor or subject of the background check (based on the external partner organization that requested the background check) that the history bars the person from having access to DFPS resources and clients.

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