Appendix 4525: Offenses from the Texas Penal Code and Other Codes
CPS February 2018
The following charts describe the offenses in the Texas Penal Code that affect a potential caregiver’s approval for a:
• Parental Child Safety Placement (PCSP);
• kinship placement; and
• kinship foster or adoptive home.
The charts are intended to help a caseworker easily identify the potential consequences of a conviction should a caregiver move from a PCSP to kinship or foster or adoptive placement.
Explanatory Notes
• A substantially similar conviction under another state’s law or federal law is handled as though the conviction were one for the comparable offense under Texas law.
• An “Attempt to Commit” conviction is treated as falling under the same section of the Penal Code as the crime that was attempted.
• Time limits are based on the date of conviction.
• All areas marked with an asterisk (*) indicate that the bar is based on federal requirements set forth in 42 USC 671(a)(20)(A).
• “N/A” means there is no such relevant misdemeanor or felony crime.
• “No Action Needed” means that there is such a crime, but no specific DFPS action is required. However, the conviction should nevertheless be considered for its overall impact to child safety.
• The term “Verified” is used to refer to applications for verification as foster parents or approval as adoptive parents and currently verified foster parents and approved adoptive parents.
• The tables are in numerical order by the number of the Texas Penal Code Offense Chapters identified in the second column.
Chart 1: Assessing Criminal History Offenses and Convictions for PCSPs
Chart 3: Low-Risk Criminal Offenses Eligible for an Appeal in Kinship Placement Decision