Chart 1: Assessing Criminal History Offenses and Convictions for Safety Plan Monitors and PCSPs

CPS September 2023

This chart is part of Appendix 4525: Offenses from the Texas Penal Code and Other Codes.

For more information on how criminal history affects Safety Plan Monitor and PCSP caregiver, see 3200 DFPS Actions When Danger to a Child Is Present.

Texas Penal Code

Offense

Texas Penal Code

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a FELONY

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a MISDEMEANOR

Abandoning or Endangering Child (felony)

22.041

Absolute Bar unless Regional Director (RD) exception granted following a Safety Evaluation

N/A

Abuse of Corpse (misdemeanor)

42.08

N/A

Requires safety evaluation and Program Director (PD) approval if conviction was in the last 10 years

Abuse of Official Capacity (felony or misdemeanor)

39.02

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Acceptance of Honorarium (misdemeanor)

36.07

N/A

Requires safety evaluation and PD approval if conviction was in the last 10 years

Advertising for Placement of Child (misdemeanor or felony)

25.09

Requires safety evaluation and PD approval

Requires safety evaluation and PD approval

Aggravated Assault (felony)

22.02

Five-year bar, unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required after five years

N/A

Aggravated Kidnapping (felony)

20.04

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Aggravated Perjury (felony)

37.03

Requires Safety Evaluation and PD approval if conviction was in the last 10 years.

N/A

Aggravated Promotion of Prostitution (felony)

43.04

Five-year bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required after five years.

N/A

Aggravated Robbery (felony)

29.03

Five-year bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required after five years

N/A

Aggravated Sexual Assault (felony)

22.021

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Agreement to Abduct from Custody (felony)

25.031

Requires Safety Evaluation and PD approval

N/A

Aiding Suicide (misdemeanor or felony)

22.08

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval

Arson (felony)

28.02

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Assault (misdemeanor or felony)

22.01

5-year bar unless RD exception granted following a Safety Evaluation; Safety Evaluation and PD approval required after 5 years

Requires Safety Evaluation and PD approval

Assembling or Operating Amusement Ride While Intoxicated (misdemeanor or felony)

49.065

5-year Bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Attack on Assistance Animal (misdemeanor or felony)

42.091

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Bail Jumping and Failure to Appear (felony and misdemeanor)

38.10

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Barratry and Solicitation of Professional Employment (felony or misdemeanor)

38.12

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Bigamy (felony)

25.01

Requires Safety Evaluation and PD approval

N/A

Boating While Intoxicated (misdemeanor or felony)

49.06

5-year Bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Breach of Computer Security (felony or misdemeanor)

33.02

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Bribery (felony)

36.02

Requires Safety Evaluation and PD approval if conviction was in last
10 years

N/A

Burglary (felony)

30.02

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Capital Murder (felony)

19.03

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Cockfighting (felony or misdemeanor)

42.105

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang (felony)

71.022

Requires a Safety Evaluation and PD approval

N/A

Coercion of Public Servant or Voter (felony or misdemeanor)

36.03

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Compelling Prostitution (felony)

43.05

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Continuous Sexual Abuse of Young Child or Disabled Individual (felony)

21.02

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Continuous Trafficking of Persons (felony)

20A.03

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Continuous Violence Against the Family (felony)

25.11

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Credit Card or Debit Card Abuse (felony)

32.31

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Criminal Nonsupport (felony)

25.05

Requires Safety Evaluation and PD approval

N/A

Criminal Solicitation of a Minor (misdemeanor or felony)

15.031

Absolute Bar unless RD exception granted following a Safety Evaluation

Requires Safety Evaluation and PD approval

Criminally Negligent Homicide (felony)

19.05

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Cruelty to Livestock Animals (misdemeanor or felony)

42.09

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Cruelty to Non-Livestock Animals (misdemeanor or felony)

42.092

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Deadly Conduct (misdemeanor or felony)

22.05

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval

Directing Activities of Certain Criminal Street Gangs (felony)

71.023

Requires a Safety Evaluation and PD approval

N/A

Dog Fighting (misdemeanor or felony)

42.10

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Driving While Intoxicated (misdemeanor or felony)

49.04

Five-year Bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Driving While Intoxicated with Child Passenger (felony)

49.045

Five-year Bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required between five and 10 years

N/A

Electronic Transmission of Certain Visual Material Depicting Minor (misdemeanor)

43.261

N/A

Requires Safety Evaluation and PD approval

Employment Harmful to Children (felony)

43.251

Requires Safety Evaluation and PD approval

N/A

Engaging in Organized Criminal Activity (felony)

71.02

Requires a Safety Evaluation and PD approval

N/A

Enjoining Organized Criminal Activity (misdemeanor)

71.021

N/A

Requires a Safety Evaluation and PD approval

Enticing a Child (misdemeanor or felony)

25.04

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval

Escape (felony or misdemeanor)

38.06

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Evading Arrest or Detention (felony or misdemeanor)

38.04

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Failure to Identify (misdemeanor)

38.02

N/A

Requires Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed

Failure to Report Death of Prisoner (misdemeanor)

39.05

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Failure to Report Felony (misdemeanor)

38.171

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Failure to Stop or Report Aggravated Sexual Assault of a Child (misdemeanor)

38.17

N/A

Requires Safety Evaluation and PD approval

False Statement Regarding Child Custody Determination Made in Foreign Country (felony)

37.14

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

False Statement to Obtain Property or Credit or in the Provision of Certain Services (felony or misdemeanor)

32.32

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Falsely Holding Oneself Out as a Lawyer (felony)

38.122

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Flying While Intoxicated (misdemeanor or felony)

49.05

Five-year Bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Forgery (felony or misdemeanor)

32.21

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Fraudulent Filing of Financing Statement (felony or misdemeanor)

37.101

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Gift to Public Servant by Person Subject to His Jurisdiction (misdemeanor)

36.08

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Harassment by Persons in Certain Correctional Facilities; Harassment of a Public Servant (felony)

22.11

Requires Safety Evaluation and PD approval

N/A

Harboring Runaway Child (misdemeanor)

25.06

N/A

Requires Safety Evaluation and PD approval

Hindering Apprehension or Prosecution (felony or misdemeanor)

38.05

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Hindering Secured Creditors
(felony or misdemeanor)

32.33

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Impersonating a Public Servant (felony)

37.11

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Implements for Escape (felony)

38.09

Requires Safety Evaluation and PD approval

N/A

Improper Contact with Victim (felony and misdemeanor)

38.111

Requires Safety Evaluation and PD approval if conviction was in last 10 years

No action needed

Improper Influence (misdemeanor)

36.04

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Invasive Photography or Visual Recording (felony)

21.15

Requires Safety Evaluation and PD approval

N/A

Improper Relationship Between Educator and Student (felony)

21.12

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Indecency with a Child (felony)

21.11

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Indecent Exposure (misdemeanor)

21.08

N/A

Requires Safety Evaluation and PD approval

Injury to a Child, Elderly Individual or Disabled Individual (felony)

22.04

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Insurance Fraud (felony or misdemeanor)

35.02

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Interference with Child Custody (felony)

25.03

Requires Safety Evaluation and PD approval

N/A

Interference with Police Service Animals (felony or misdemeanor)

38.151

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed

Interference with Radio Frequency Licensed to Government Entity (felony or misdemeanor)

38.152

Requires Safety Evaluation and PD approval if conviction in the last 10 years

No action needed

Interference with Rights of a Guardian of the person (felony)

25.10

Requires Safety Evaluation and PD approval

N/A

Intoxication Assault (felony)

49.07

Five-year Bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required between Five and 10 years

N/A

Intoxication Manslaughter (felony)

49.08

5-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and PD approval required between 5 & 10 years

N/A

Kidnapping (felony)

20.03

Requires Safety Evaluation and PD approval

N/A

Leaving a Child in a Vehicle (misdemeanor)

22.10

N/A

Requires Safety Evaluation and PD approval

Making a Firearm Accessible to a Child (misdemeanor)

46.13

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Manslaughter (felony)

19.04

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Health Care Fraud (felony or misdemeanor)

35A.02

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Misapplication of Fiduciary Property or Property of Financial Institution (felony or misdemeanor)

32.45

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Misuse of Official Information (felony or misdemeanor)

39.06

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Money Laundering (felony)

34.02

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Murder (felony)

19.02

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Obscene Display or Distribution (misdemeanor)

43.22

N/A

Requires Safety Evaluation and PD approval

Obscenity (misdemeanor or felony)

43.23

Absolute Bar unless RD exception granted following a Safety Evaluation

Requires Safety Evaluation and PD approval

Obstruction or Retaliation (felony)

36.06

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Offering Gift to Public Servant (misdemeanor)

36.09

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Official Oppression (felony or misdemeanor)

39.03

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Online Solicitation of a Minor (felony)

33.021

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Perjury (misdemeanor)

37.02

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Permitting or Facilitating Escape (felony or misdemeanor)

38.07

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Possession of Alcoholic Beverage in Motor Vehicle (misdemeanor)

49.031

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Possession or Promotion of Child Pornography (felony)

43.26

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Prohibited Sexual Conduct (felony)

25.02

Requires Safety Evaluation and PD approval

N/A

Prohibited Substances and Items in Correctional Facility (felony)

38.11

Requires Safety Evaluation and PD approval if conviction was in last 10 years

N/A

Promotion of Prostitution (misdemeanor or felony)

43.03

Five-year bar unless RD exception granted following SAFETY EVALUATION; SAFETY EVALUATION and PD approval required after five years

Requires Safety Evaluation and PD approval

Prostitution (misdemeanor or felony)

43.02

Five-year bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required after five years

Requires Safety Evaluation and PD approval

Public Intoxication (misdemeanor)

49.02

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Public Lewdness (Class A misdemeanor)

21.07

N/A

Requires Safety Evaluation and PD approval

Record of a Fraudulent Court (felony or misdemeanor)

37.13

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Repeated Violation of Court Order or Condition of Bond in Family Violence case (felony or misdemeanor)

25.072

Absolute Bar unless RD exception granted following a Safety Evaluation

Requires Safety Evaluation and PD approval

Resisting Arrest, Search, or Transportation (felony or misdemeanor)

38.03

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval if the conviction was in the last 10 years

Robbery (felony)

29.02

Requires Safety Evaluation and PD approval

N/A

Sale or Purchase of Child (felony)

25.08

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Sale, Distribution or Display of Harmful Material to a Minor (misdemeanor or felony)

43.24

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval

Securing Execution of a Document by Deception (felony or misdemeanor)

32.46

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Sexual Assault (felony)

22.011

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Sexual Performance by a Child (felony)

43.25

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Smuggling of Persons (felony)

20.05

Requires Safety Evaluation and PD approval

N/A

Stalking (felony)

42.072

Requires Safety Evaluation and PD approval

N/A

Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer (felony)

38.14

Requires Safety Evaluation and PD approval

N/A

Tampering with a Consumer Product (felony)

22.09

Requires Safety Evaluation and PD approval

N/A

Tampering with Governmental Record (felony or misdemeanor)

37.10

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval if Class A conviction in the last 10 years; otherwise no action needed

Tampering with or Fabricating Physical Evidence (felony or misdemeanor)

37.09

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Tampering with Witness (felony)

36.05

Requires Safety Evaluation and PD approval

N/A

Telecommunications Crimes (felony or misdemeanor)

33A.02

33A.03

33A.04

33A.05

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Terroristic Threat (misdemeanor or felony)

22.07

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval

Theft (felony or misdemeanor)

31.03

31.04

31.05

31.12

31.16

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Trafficking of Persons (felony)

20A.02

Absolute Bar unless RD exception granted following a Safety Evaluation

N/A

Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site (felony)

38.113

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

N/A

Unauthorized Practice of Law (felony or misdemeanor)

38.123

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Unlawful Restraint (misdemeanor or felony)

20.02

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval

Violation of Court Order

71.021

N/A

Requires a Safety Evaluation and PD approval

Violation of Protective Order Issued on Basis of Sexual Assault or Abuse, Stalking, or Trafficking (misdemeanor)

25.07

N/A

Requires Safety Evaluation and PD approval

Violation of Protective Order Preventing Offense Caused by Bias or Prejudice (misdemeanor or felony)

25.071

Requires Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval

Violations of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, or Stalking Case (misdemeanor or felony)

25.07

Absolute Bar unless RD exception granted following a Safety Evaluation

Requires Safety Evaluation and PD approval

Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody (misdemeanor or felony)

39.04

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years
Texas Education Code

Offense

Texas Education Code

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a FELONY

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a

MISDEMEANOR

Personal Hazing Offense (felony or misdemeanor)

37.152

Requires a Safety Evaluation and PD approval

Requires Safety Evaluation and PD approval if conviction was in the last 10 years
Texas Family Code

Offense

Texas Family Code

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a FELONY

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a

MISDEMEANOR

Conduct of Investigation (misdemeanor)

261.302(f)

N/A

Requires a Safety Evaluation and PD approval

Disclosing confidential information obtained from DFPS social study (misdemeanor)

107.111

N/A

Requires a Safety Evaluation and PD approval

Failure to Report; Penalty (felony or misdemeanor)

261.109

Absolute Bar unless RD exception granted following a Safety Evaluation

Requires a Safety Evaluation and PD approval

General Penalty: Violating the Interstate Compact on the Placement of children (misdemeanor)

162.107

N/A

Requires a Safety Evaluation and PD approval

Interference with Investigation; Criminal Penalty (misdemeanor)

261.3032

N/A

Requires a Safety Evaluation and PD approval

Making a False Report of Abuse or Neglect (felony)

261.107

Requires a Safety Evaluation and PD approval

N/A

Modification of order on conviction for Child Abuse (misdemeanor)

156.104(b)

N/A

Requires a Safety Evaluation and PD approval

Modification of order on conviction for Family Violence (misdemeanor)

156.1045(b)

N/A

Requires a Safety Evaluation and PD approval

Placement by Unauthorized Person (misdemeanor)

162.025

N/A

Requires a Safety Evaluation and PD approval

Prohibited Acts: Criminal Penalties
(felony or misdemeanor)

162.421

Requires a Safety Evaluation and PD approval

Requires a Safety Evaluation and PD approval

Removal of Alleged Perpetrator; Offense (felony or misdemeanor)

262.1015(g)-(h)

Absolute Bar unless RD exception granted following a Safety Evaluation

Requires a Safety Evaluation and PD approval
Texas Health and Safety Code

Offense

Texas Health and Safety Code

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a FELONY

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a

MISDEMEANOR

Bad Faith, Malicious or Reckless Reporting: Criminal Penalty (misdemeanor)

260A.013

N/A

Requires a Safety Evaluation and PD approval

Commercial Matters (felony)

481.128

5-year Bar unless RD exception granted following Safety Evaluation;

Safety Evaluation and PD approval required between five and 10 years

N/A

Criminal Penalty (misdemeanor)

464.016

N/A

Requires a Safety Evaluation and PD approval

Delivery of Controlled Substance or Marijuana to a Child (felony)

481.122

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Delivery of Marijuana (misdemeanor or felony)

481.120

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Delivery or Offer of Delivery of Dangerous Drug (felony)

483.042

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Delivery to a Minor (felony or misdemeanor)

485.032

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Diversion of Controlled Substance by Restraints, Dispensers, and Certain Other Persons (felony)

481.1285

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Diversion of Controlled Substance Property or Plant (felony)

481.131

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Evading or Resisting Apprehension or Transport by Person Subject to Custody or Temporary Detention (misdemeanor)

81.212

N/A

Requires a Safety Evaluation and PD approval

Failure to Report Abuse and Neglect or Illegal, Unethical or Unprofessional Conduct - : Criminal Penalty (misdemeanor)

161.132

N/A

Requires a Safety Evaluation and PD approval

Falsification of Drug Test Results (misdemeanor)

481.133

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Forging or Altering Prescription (misdemeanor)

483.045

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Fraud (misdemeanor or felony)

481.129

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Hampering, Obstructing, tampering with or Destroying Electronic Monitoring Device, Tape or Recording from Resident's Room at State Supported Living Center (misdemeanor)

555.162

N/A

Requires a Safety Evaluation and PD approval

Illegal Barter, Expenditure, or Investment (felony)

481.126

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Inhalant Paraphernalia (misdemeanor)

485.033

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Manufacture of Dangerous Drug (felony)

483.043

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Manufacture of Delivery of Substance in Penalty Group 1-A (felony)

481.1121

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Manufacture or Delivery of Substance in Penalty Group 1 (felony)

464.016

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (felony)

481.113

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Manufacture or Delivery of Substance in Penalty Group 3 or 4 (felony)

481.114

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Manufacture, Delivery, or Possession of Miscellaneous Substances (misdemeanor)

481.119

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Possession and Use if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner:  (misdemeanor)

485.031

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Possession of Dangerous Drug (misdemeanor)

483.041

N/A

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Possession of Marijuana (misdemeanor or felony)

481.121

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Possession of Substance in Penalty Group 1 (felony)

481.115

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Possession of Substance in Penalty Group 1-A (felony)

481.1151

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Possession of Substance in Penalty Group 2 (felony)

481.116

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Possession of Substance in Penalty Group 2-A (felony or misdemeanor

481.1161

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires a Safety Evaluation and PD approval if conviction was in the last 10 years

Possession of Substance in Penalty Group 3 (felony or misdemeanor)

481.117

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires a Safety Evaluation and PD approval if conviction was in the last 10 years

Possession of Substance in Penalty Group 4 (felony or misdemeanor)

481.118

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires a Safety Evaluation and PD approval if conviction was in the last 10 years

Possession or Delivery of Drug Paraphernalia (misdemeanor or felony)

481.125

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment (felony)

481.1245

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substances (misdemeanor or felony)

481.124

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

Requires Safety Evaluation and PD approval if conviction was in the last 10 years

Reports of Abuse and Neglect or of Illegal, Unprofessional or Unethical Conduct (misdemeanor)

161.132

N/A

Requires a Safety Evaluation and PD approval

Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture (felony)

481.139

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Transfer of Precursor Substance for Unlawful Manufacture (felony)

481.137

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Unauthorized Disclosure of Information (felony)

481.127

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty (felony)

482.002

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (felony)

481.138

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A

Unlawful Transfer or Receipt of Chemical Precursor (felony)

481.136

Five-year Bar unless RD exception granted following Safety Evaluation;
Safety Evaluation and

PD approval required between five and 10 years

N/A
Texas Human Resources Code

Offense

Texas Human Resources Code

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a FELONY

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a

MISDEMEANOR

Administering Medication (misdemeanor)

42.065(g)-(h)

N/A

Requires a Safety Evaluation and PD approval

Confidentiality of Information (misdemeanor)

40.005(e)

N/A

Requires a Safety Evaluation and PD approval

Criminal Penalties (misdemeanor)

42.076

N/A

Requires a Safety Evaluation and PD approval

Criminal Penalty for Operating Daycare Center without Qualified Director
(misdemeanor)

42.0761

N/A

Requires a Safety Evaluation and PD approval

Failure to Report; Penalty (felony or misdemeanor)

48.052

Absolute Bar unless RD exception granted following a Safety Evaluation

Requires a Safety Evaluation and PD approval

False Report: Criminal Penalty (felony or misdemeanor)

42.0447

Requires a Safety Evaluation and PD approval

Requires a Safety Evaluation and PD approval

False Report; Penalty (misdemeanor)

48.053

N/A

Requires a Safety Evaluation and PD approval

Penalty (misdemeanor)

43.012

N/A

Requires a Safety Evaluation and PD approval

Required Background and Criminal History Checks: Criminal Penalties (misdemeanor)

42.056(i)-(k)

N/A

Requires a Safety Evaluation and PD approval
Texas Alcoholic Beverage Code

Offense

Texas Alcoholic Beverage Code

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a FELONY

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a MISDEMEANOR

Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor (misdemeanor)

106.06

N/A

Safety Evaluation and PD approval if conviction was in the last 10 years
Any Other Title Under the Texas Penal Code

Offense

Texas Penal Code or Any Other Various Texas Codes

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a FELONY

Effect on evaluation of Safety Plan Monitor and PCSP Caregiver if conviction for charge listed is a MISDEMEANOR

Varies – Any offense not specifically listed that DFPS determines is a financial crime

Varies

Safety Evaluation and PD approval if conviction was in the last 10 years

No action needed

Varies

Varies

Safety Evaluation and PD approval if offense conviction was in the last 10 years

No action needed