4000 Background Checks for DFPS Prospective and Current Employees
Background Checks December 2022
A person who completed a previous background check under another DFPS background checks policy is also required to complete a new background check under this policy, before being allowed to work for DFPS.
DFPS requires background checks on all DFPS prospective and current employees. A background check has the following three parts:
4100 Defining Staff Responsibilities
Background Checks December 2022
All staff members whose work involves background checks are responsible for doing the following:
- Acknowledging this policy.
- Maintaining open communication about issues that relate to background checks.
The following DFPS staff members share responsibilities for background checks for DFPS prospective and current employees:
- Background Checks staff
- Human Resources (HR) staff
- Hiring authority
4110 Background Checks Staff
Background Checks December 2022
Background Checks staff are responsible for doing the following:
- Completing background checks accurately and in a timely manner.
- Forwarding any criminal history that requires further review to Human Resources.
- Notating in IMPACT the employment eligibility determination for each background check type reviewed by Background Checks staff.
- Ensuring DFPS case history is marked sensitive, when applicable.
4120 Human Resources (HR) Staff
Background Checks December 2022
HR staff are responsible for doing the following:
- Ensuring a DPS driver license check is complete, if applicable.
- Reviewing criminal history and making hiring decisions, when applicable.
- Notating in IMPACT the employment eligibility determination for criminal history reviewed by HR.
4130 DFPS Hiring Authority
Background Checks December 2022
DFPS hiring authority is responsible for doing the following:
- Ensure all required information on the Due Diligence Form is complete and accurate.
- Ensure the applicant’s email address is provided in the Method of Contact section on the form.
- Upload the Due Diligence Form into CAPPS.
- Ensure all background checks are complete, and the prospective employee is eligible for hire before proceeding with a formal offer to hire the person.
In addition, the DFPS hiring authority is responsible for doing, when applicable, the following:
- Ensure DFPS case history is marked as sensitive, when applicable.
- Ensure an employee’s access to DFPS clients and resources is removed when the person no longer works for DFPS.
4200 Background Check Results
Background Checks December 2022
If a current or prospective employee has any DFPS or criminal history, Background Checks and HR staff assess the history to determine if the person is eligible to work for DFPS. See 4310 Eligible Background Checks.
4210 DFPS History
Background Checks December 2022
Background Checks staff use Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members to determine whether a prospective employee is eligible or ineligible to work for DFPS.
This Background Checks appendix indicates the types of DFPS history that are absolute bars to DFPS employment and do not allow a prospective employee to work for DFPS. See 4320 Ineligible Background Checks.
All other DFPS history is reviewed to determine if a current employee may continue working for DFPS or a prospective employee may begin working for DFPS. See 4230 Background Checks Requiring Review.
If a prospective employee discloses a history of abuse or neglect of a child from another state, that person must obtain an abuse and neglect background check from the other state and provide the results to the DFPS hiring authority. The DFPS hiring authority reviews the results and determines if the history poses a risk to the populations and information served by DFPS employees before the person may be hired to work for DFPS.
DFPS history may not be shared with any external entities, including staffing specialists.
4211 Regional Positions
Background Checks April 2024
If a prospective employee applies for a regional position within Child Protective Investigations (CPI), Child Protective Services (CPS), Adult Protective Services (APS), or Statewide Intake (SWI) and has DFPS history that requires review, Background Checks staff does the following:
- Creates a summary of the history, including a recommendation about whether the prospective employee is eligible or ineligible for the position.
- Forwards the summary and recommendation to the hiring specialist to share with the regional point of contact.
This recommendation is based on current policy (Appendix 1) and practices used in making employment determinations for DFPS.
The regional point of contact provides a response as to whether or not they agree with the recommendation.
See 4300 Making an Employment Eligibility Decision.
4212 State Office Positions
Background Checks December 2022
If a prospective employee is applying for a state office position and has DFPS history that requires review, Background Checks staff conduct a risk assessment to determine if the person is eligible or ineligible to work for DFPS. See 4300 Making an Employment Eligibility Decision.
4213 Marking Cases as Sensitive in IMPACT
Background Checks December 2022
A sensitive case is a case designated in IMPACT as one that requires special handling. The sensitive designation restricts case access to one or both of the following:
- DFPS staff who are authorized to view sensitive case information.
- DFPS staff who are within the unit structure of an open sensitive case.
If a decision is made to proceed with hiring a prospective or current employee with a confirmed DFPS history match, all DFPS cases associated with the employee are marked as Sensitive in IMPACT, unless the employee’s only involvement was in a professional capacity.
4220 Criminal History
Background Checks December 2022
Background Checks staff use Appendix 4: Criminal History Bars to DFPS Employment to determine if a current or prospective employee is ineligible to work for DFPS.
- If a prospective employee has a criminal offense that resulted in a conviction and is listed on this appendix, the person is ineligible to work for DFPS. See 4320 Ineligible Background Checks.
- If a current employee has a criminal offense that resulted in a conviction and is listed on this appendix, HR staff review the history and determine if the employee may continue to work for DFPS. See 4300 Making an Employment Eligibility Decision.
If a prospective or current employee has any offense (arrest or conviction) that meets the following conditions, HR staff review the history and determine if the prospective employee is eligible or ineligible to work for DFPS, or if the current employee may continue to work for DFPS. See 4300 Making an Employment Eligibility Decision.
- Classified as a class B misdemeanor or greater and equivalent.
- Federal, Out of State, or Military charge.
- Juvenile arrest or conviction.
- Offense resulted in a deferred adjudication disposition.
4221 Sex Offender Registration
Background Checks December 2022
Background Checks staff receive information about sex offender registration as part of a criminal history background check. A person who is currently required to register as a sex offender in Texas or any other state is ineligible to work for DFPS. See 4320 Ineligible Background Checks.
4230 Background Checks Requiring Review
Background Checks December 2022
When a current or prospective employee has criminal or DFPS history that requires review, Background Checks staff complete the following actions based on whether the person is a current or prospective employee.
For current employees:
- Forward criminal history that requires review to HR. HR staff review the criminal history and make an employment eligibility decision. See 4300 Making an Employment Eligibility Decision.
- Forward DFPS history to the regional hiring authority for regional positions. The regional hiring authority reviews the DFPS history and makes an employment eligibility decision. See 4300 Making an Employment Eligibility Decision.
- Review DFPS history for state office positions and make an employment eligibility decision. See 4300 Making an Employment Eligibility Decision.
For prospective employees:
- Forward criminal history that requires review to HR. HR staff review the criminal history and determine if the employee may continue to work for DFPS. See 4300 Making an Employment Eligibility Decision.
- Forward criminal history that is listed on Appendix 4: Criminal History Bars to DFPS Employment to HR. HR staff review the criminal history and determine if the employee may continue to work for DFPS. See 4300 Making an Employment Eligibility Decision.
- Forward any DFPS history that is listed on Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members, or requires further review, to HR. HR staff review the criminal history and determine if the employee may continue to work for DFPS. See 4300 Making an Employment Eligibility Decision.
The DFPS Legal division may be consulted, when applicable.
4300 Making an Employment Eligibility Decision
4310 Eligible Background Checks
Background Checks December 2022
A prospective or current employee may be deemed eligible to work or continue to work for DFPS if the person meets the following criteria:
- The person does not have any criminal history that is listed on Appendix 4: Criminal History Bars to DFPS Employment. See 4220 Criminal History.
- The person does not have any arrests where a final disposition is unable to be obtained. See 4321 Incomplete Background Checks.
- The person is not required to register as a sex offender. See 4221 Sex Offender Registration.
- The person does not have any DFPS history listed on Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members. See 4210 DFPS History.
- The person has criminal or DFPS history that was reviewed by DFPS or HR staff and determined that the history does not present a risk to DFPS clients or resources.
The DFPS hiring authority notifies Background Checks and the staffing specialist if a prospective employee is not hired.
4320 Ineligible Background Checks
Background Checks December 2022
A prospective or current employee may be deemed ineligible to work for or to continue to work for DFPS if the person has any of the following:
- The person has a conviction for a criminal offense that is listed on Appendix 4: Criminal History Bars to DFPS Employment. See 4220 Criminal History.
- The person has an arrest where a final disposition is unable to be obtained. See 4321 Incomplete Background Checks.
- The person is required to register as a sex offender. See 4221 Sex Offender Registration.
- The person has DFPS history that is listed on Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members. See 4210 DFPS History.
- The person has criminal or DFPS history that was reviewed by DFPS or HR staff and determined that the history presents a risk to DFPS clients or resources.
4321 Incomplete Background Checks
Background Checks December 2022
A background check is considered incomplete for any of the following reasons:
- The prospective employee does not communicate with the DFPS staff within 10 calendar days.
- The Background Checks staff are not able to obtain all required information to complete the background check within 30 calendar days of the request date.
If a background check is not successfully completed, it is closed, and the prospective employee is ineligible to work for DFPS.
The hiring authority or HR staff may contact the Background Checks staff to request an extension of the 30-day deadline if the person provides proof that he or she took reasonable steps to meet all requirements.