1800 Records Checks

CPS December 2020

DFPS conducts records checks to make risk assessments, family assessments, and other assessments (including assessments related to home studies or child care).

The records checks that DFPS may conduct include, but are not limited to, the following:

Criminal records checks that are authorized by law.
DFPS history checks and child abuse and neglect records checks that are authorized by DFPS policy.

1810 Legal Requirements for Criminal Records Checks

CPS December 2020

Texas law gives DFPS the authority to obtain criminal history information from certain other agencies, if funds appropriated by the Legislature are available for this purpose. These other agencies are the following:

The Department of Public Safety (DPS), as stated in Texas Government Code §411.114.
Other law enforcement agencies in Texas, subject to the same procedures and limitations in Government Code §411.114, as applicable.
Federal agencies, as provided by federal law.

Texas Human Resources Code, §40.054

The Government Code provides that there are criminal penalties for doing any of the following:

Obtaining criminal history information in an unauthorized manner.
Using criminal history information for an unauthorized purpose.
Disclosing or providing a copy of criminal history information to a person who is not entitled to the information.

Depending on the circumstances, the penalty is a Class B misdemeanor or a second-degree felony.

Texas Government Code §411.085

1820 Purpose and Types of Background Checks

CPS December 2020

The purpose of conducting background checks is to determine whether a person has any criminal history or abuse or neglect history that may pose a risk to the health or safety of children.

There are several types of background checks that DFPS is authorized to conduct. See the Types of Background Checks webpage.

1830 People on Whom Criminal Records Checks Can Be Made

CPS December 2020

Section 411.114 of the Government Code states that DFPS is entitled to obtain, from DPS and the FBI, criminal history information maintained by DPS that relates to a person who is in any of the categories in that section.

Texas Government Code §411.114

CPS and CPI staff members may request criminal records checks only on people in the following categories:

A person who is the subject of a report DFPS receives alleging that the person has abused or neglected a child, as long as the person is not also alleged to be a child victim.
A person living in the residence in which the child victim lives.
A person providing, at the request of the child’s parent, in-home care for a child who is the subject of a report alleging the child has been abused or neglected.
A person providing or applying to provide kinship care for a child in DFPS conservatorship. See 6600 Case Planning with Relatives and Other Kinship Caregivers.
Another adult (or a youth age 14 or older) living with a kinship caregiver who is providing or applying to provide kinship care for a child in DFPS conservatorship. See 6600 Case Planning with Relatives and Other Kinship Caregivers.
A person providing or applying to provide adoptive or foster care for a child in DFPS conservatorship. See 7000 Foster and Adoptive Home Development and its subitems.
Another adult (or a youth age 14 or older) living with a person who is providing or applying to provide adoptive or foster care for a child in DFPS conservatorship. See 7000 Foster and Adoptive Home Development and its subitems.
A person who has unsupervised access to a child who is in the care of DFPS and who is or will be receiving adoptive, foster, or in-home care. See 7000 Foster and Adoptive Home Development and its subitems.

Also see the definition of principal in this handbook’s Definitions of Terms.

1840 Limited Disclosure of Criminal History Records

CPS December 2020

Under Government Code §411.114, DFPS may not disclose the criminal records received from DPS or the FBI (or from another Texas law enforcement agency from which DFPS received criminal history information pursuant to Government Code §411.114) except as authorized.

Definition of Disclosure

In this context, disclosure is defined as doing any of the following:

Telling a person about the contents of the criminal records check.
Showing a person a copy of the criminal records check (but not giving it to the person or allowing the person to make a copy of it).
Restating the criminal history information in writing or giving a person a copy of the restatement.

Release of a Copy of the Criminal Records Check

While staff members may disclose the information to specific types of people, as indicated above, staff members must not provide a copy of the criminal history information received from the FBI to any private entity. DFPS may only release copies of FBI fingerprint results as follows: