7000 Background Checks for DFPS Volunteers and Interns
Background Checks September 2019
The DFPS Background Checks program completes background checks on DFPS volunteers and interns.
A background check has two parts, as follows:
• A Texas name-based criminal history check.
• A DFPS history check.
If a background check reveals any criminal or DFPS history for a person, the Background Checks staff considers the history to determine whether the potential volunteer or intern would put DFPS clients or resources at risk. See 7430 Risk Assessment for the criteria for assessing risk.
The Background Checks staff also does an FBI fingerprint check in certain circumstances. See 7210 FBI Fingerprint Checks for DFPS Volunteers and Interns.
A person who has cleared a background check under another DFPS Background Checks policy is also required to clear a background check under this policy before being allowed to volunteer or intern with DFPS.
7100 Dividing Staff Responsibilities
Background Checks September 2019
All staff members whose work involves background checks are responsible for doing the following:
• Understanding this policy.
• Maintaining open communication about issues that relate to background checks.
The following DFPS staff members share responsibilities for background checks that DFPS conducts under this policy (7000 Background Checks for DFPS Volunteers and Interns and its subitems):
• Background Checks staff.
• Staff of the Faith-Based and Community Engagement (FBCE) Division, formerly known as the Office of Volunteer and Community Engagement (OVCE).
• CPS community engagement specialists.
• Adult Protective Services (APS) community engagement specialists.
7110 Background Checks Staff
Background Checks September 2019
Background Checks staff is responsible for doing the following:
• Completing background checks accurately and in a timely manner.
• Notifying the appropriate community engagement specialist and FBCE staff members about the results of the background checks, according to this policy.
7120 OVCE Staff and Community Engagement Specialists
Background Checks September 2019
Community engagement specialists and FBCE staff members are responsible for making sure that all of the following occur before a person is allowed to volunteer or intern with DFPS:
• Potential volunteers and interns comply with 7000 Background Check Procedures in the Faith-Based and Community Engagement Handbook.
• Community engagement specialists and FBCE staff members submit background checks according to the requirements of this background check policy.
• Community engagement specialists and FBCE staff members request FBI criminal history checks for potential volunteers and interns who have lived outside Texas in the last two years. See 7210 FBI Fingerprint Checks for DFPS Volunteers and Interns.
• The appropriate community engagement specialist or FBCE staff member receives notification that all required background checks are cleared.
In addition, community engagement specialists and FBCE staff members are responsible for making sure that the following occur, when applicable:
• A community engagement specialist or FBCE staff member removes a person’s access to DFPS clients and resources when the person no longer volunteers or interns with DFPS.
• Community engagement specialists and FBCE staff members submit renewal background checks in a timely manner for all volunteers and interns.
Determining Which Staff Member Is Appropriate
This policy often mentions both the community engagement specialist and the FBCE staff member when explaining a particular task or step.
Unless otherwise specified, the appropriate staff member is the one who submitted the person’s background check. This may be either the community engagement specialist or the FBCE staff member, depending on the situation.
7200 Requesting a Background Check
Background Checks September 2019
A person who applies to volunteer or intern with DFPS must consent to a background check by completing and signing Form 0250 Volunteer Application.
Next, the community engagement specialist or FBCE staff member requests the background check through the Automated Background Check System (ABCS). The specialist or FBCE staff member makes sure to request an FBI criminal history check for all applicants who have lived outside Texas in the last two years. See 7000 Background Check Procedures in the Faith-Based and Community Engagement Handbook for more information on submitting the background check request.
The Background Checks staff processes the background check according to this policy and notifies the community engagement specialist or FBCE staff member about the results of the background check.
7210 FBI Fingerprint Checks for DFPS Volunteers and Interns
Background Checks July 2022
In addition to a Texas name-based criminal history check, an FBI fingerprint check is required for any DFPS volunteer or intern who, at the time of his or her background check request, meets any of the following criteria:
- Currently lives outside Texas.
- Has lived outside Texas in the past two years.
- Will be able to view or access FBI criminal justice information (CJI) in any format, including printed, electronic, or verbal.
7220 Renewals of Background Checks
Background Checks September 2019
Request for Renewal Background Check
A person who has a background check under this policy must have a new background check every year.
The person is allowed to continue volunteering or interning with DFPS while the Background Checks staff is processing the results, if the community engagement specialist or FBCE staff member has requested the renewal background check in a timely manner.
The Background Checks staff processes the renewal background check according to this policy.
Results of Renewal Background Check
The Background Checks staff notifies the community engagement specialist or FBCE staff member about the results of the renewal background check.
If these results reveal anything that would bar the person from volunteering or interning (either criminal or DFPS history, as described in 7420 Absolute Bars), the community engagement specialist or FBCE staff member does as follows:
• Makes sure that the person is no longer allowed to volunteer or intern with DFPS.
• Removes any access that the person has to DFPS clients and resources.
7300 Assessing the Results of Background Checks
7310 DFPS History
Background Checks August 2020
The Background Checks staff determines whether the person has had any of the following roles in any case of abuse, neglect, or exploitation:
- Alleged perpetrator (AP)
- Designated perpetrator (DP)
- Sustained perpetrator (SP)
- Undetermined (UD)
- Client (CL)
The Background Checks staff makes a determination to either clear or bar the person from volunteering or interning with DFPS, based on the following:
- The person’s role in the investigation.
- The person’s relationship in the investigation.
- The disposition or status of the investigation.
See 7400 Making a Determination.
7320 Criminal History
Background Checks September 2019
The Background Checks staff uses the charts in Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff to determine whether to allow a person to volunteer or intern with DFPS.
References to DFPS employment in the charts also apply to volunteering and interning.
The charts indicate the following:
• The criminal convictions that are absolute bars to DFPS employment. These convictions cause a person to be ineligible to volunteer or intern with DFPS.
• The criminal convictions that are likely or possible contraindications to DFPS employment. These convictions require further review (risk assessment) to determine whether the person is eligible to volunteer or intern with DFPS. See 7430 Risk Assessment.
7330 Sex Offender Registration
Background Checks September 2019
The Background Checks staff receives 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 barred from volunteering or interning with DFPS.
7340 Juvenile History
Background Checks September 2019
The Background Checks staff receives certain juvenile history records in the process of doing a criminal history background check. These records come from the Texas Department of Public Safety and the FBI.
The Background Checks staff reviews juvenile history records to determine whether the person’s criminal history puts DFPS clients or resources at risk. If the Background Checks staff determines that the potential volunteer or intern poses an immediate risk to DFPS clients or resources, the Background Checks staff may do the following:
• Consult with the DFPS Office of General Counsel in the Legal division.
• Bar the person from becoming a volunteer or intern with DFPS, if appropriate.
7350 Incomplete or Inconclusive Criminal History Records
Background Checks September 2019
The Background Checks staff must resolve any issues related to incomplete or inconclusive criminal history records before making a final determination about a background check.
The Background Checks staff does the following:
• Notifies the community engagement specialist or FBCE staff member about incomplete or inconclusive criminal history records that require further action.
• Makes a determination to clear or bar the person based on what information, if any, DFPS receives.
See also 7440 Bars for Incomplete or Inconclusive Criminal History Records.
Incomplete Records
An incomplete criminal history record does not include a final disposition, such as convicted or deferred.
When a criminal offense without a final disposition appears in a person’s record, the Background Checks staff contacts the appropriate authority to get the final disposition. The appropriate authority is one of the following:
• District or county attorney.
• District or state court.
• Law enforcement agency that made the arrest.
The person is barred from volunteering or interning with DFPS if the final disposition is not available at the time of the background check.
A community engagement specialist or FBCE staff member may request a new background check after the final disposition becomes available. The Background Checks staff processes the new background check according to this policy.
Inconclusive Records
A criminal history record is inconclusive if the Background Checks staff is not certain whether it relates to the same person on whom DFPS is doing a background check.
The Background Checks staff tries to determine whether the criminal history belongs to the person by comparing the following:
• The person’s identifying information that was submitted with the background check request.
• The identifying information in the criminal history record.
The Background Checks staff does as follows after comparing the information:
• If the Background Checks staff determines that the criminal history does not belong to the person, the staff clears the person. See 7410 Cleared Background Checks.
• If there is not enough information to determine whether the criminal history belongs to the person, the Background Checks staff does as follows:
• Presumes that the criminal history belongs to the person.
• Assesses the criminal history. See 7320 Criminal History.
• Determines whether to clear or bar the person. See 7400 Making a Determination.
The potential volunteer or intern may request an FBI criminal history check if both of the following apply:
• The Background Checks staff bars the person.
• The person claims that the criminal history does not belong to him or her.
The potential volunteer or intern may also formally contest the information in the criminal history record. See 7500 Contesting Background Check Results.
7400 Making a Determination
7410 Cleared Background Checks
Background Checks September 2019
The Background Checks staff notifies the community engagement specialist or FBCE staff member that the person is cleared to volunteer or intern with DFPS if the person meets both of the following criteria:
• No criminal history that bars the person. See:
7330 Sex Offender Registration
• No DFPS history, as described in 7310 DFPS History.
7420 Absolute Bars
Background Checks September 2019
The Background Checks staff notifies the community engagement specialist or FBCE staff member that the person is barred from being a volunteer or intern with DFPS if the person has any of the following:
• A criminal conviction that is an absolute bar (see Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff).
• A criminal offense, if both of the following apply:
• The final disposition is not available at the time of the background check.
• A conviction for the offense is an absolute bar (see Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff).
• A requirement to register as a sex offender (see 7330 Sex Offender Registration).
• A history of abuse, neglect, or exploitation where the person is the Designated Perpetrator (DP) or Sustained Perpetrator (SP) in any investigation in the IMPACT computer system that has any of the following dispositions:
• Reason to Believe (RTB).
• Confirmed (CON).
• Valid (VAL).
• An allegation of abuse, neglect, or exploitation where the person is the alleged perpetrator (AP) in an open investigation.
7430 Risk Assessment
Background Checks August 2020
The Background Checks staff does a risk assessment before making a decision to clear or bar the person, under the following circumstances:
- The person has one or more criminal convictions and any of the following apply:
- One or more of the person’s offenses is identified as a contraindication in Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff.
- The person has a pattern of criminal history that might put DFPS clients or resources at risk.
- The person’s role is Undetermined (UD) in any investigation in the IMPACT computer system that has any of the following dispositions:
- RTB
- CON
- VAL
- Unable to Determine (UTD)
- Incomplete (INC)
- The person’s role is CL in an APS investigation with a VAL disposition and the person’s relationship in the investigation is Self.
The Background Checks staff may consult with the DFPS Legal division to approve or deny the decision to clear or bar the person, when applicable. After Legal approves the decision, the Background Checks staff notifies the community engagement specialist or FBCE staff member that the person is either cleared or barred from volunteering or interning with DFPS.
The person may not volunteer or intern with DFPS until both of the following occur:
- The risk assessment is complete.
- The Background Checks staff clears the person.
7440 Bars for Incomplete or Inconclusive Criminal History Records
Background Checks September 2019
This section applies when the Background Checks staff is not able to complete the background check process because of an incomplete or inconclusive criminal history record.
See also 7350 Incomplete or Inconclusive Criminal History Records.
Closing the Background Check and Barring the Person
The Background Checks staff closes the background check and bars the person from volunteering or interning with DFPS if both of the following apply:
• The person has an incomplete or inconclusive criminal history record.
• The Background Checks staff is not able to resolve the incomplete or inconclusive record.
This may occur in any of the following situations:
• There is not enough information to determine whether the criminal history belongs to the person, and the Background Checks staff determines that the person would put DFPS clients or resources at risk.
• The person does not communicate with the community engagement specialist or FBCE staff member.
• The person does not provide needed information and documents within 10 calendar days of when the community engagement specialist or FBCE staff member requests them.
• The Background Checks staff is not able to get all required information to make a final determination on the background check within 30 calendar days of when the community engagement specialist or FBCE staff member requests it. Exception: The community engagement specialist or FBCE staff member may contact the Background Checks staff to request an extension of the 30-day deadline if the person provides proof that he or she has taken reasonable steps to meet all requirements.
Requesting a New Background Check
The community engagement specialist or FBCE staff member submits a new background check request through ABCS if all of the following apply:
• The Background Checks staff has closed a background check and barred the person under the circumstances described in this section.
• The person still wishes to volunteer or intern with DFPS.
• Information is available to resolve the incomplete or inconclusive criminal history.
See 7200 Requesting a Background Check.
7500 Contesting Background Check Results
Background Checks September 2019
A person may formally contest background check results if all of the following apply:
• The person has been the subject of a background check under this policy.
• The background check results contain either of the following types of history:
• DFPS history.
• Criminal history from either the Texas Department of Public Safety or the FBI.
• The person indicates that the history does not belong to him or her.
The person may email the AskBC mailbox to request information about formally contesting the criminal history or DFPS history information.