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Appendix 4525: Offenses from the Texas Penal Code and Other Codes

CPS September 2023

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
  • Kinship foster or adoptive home

The charts are intended to help a caseworker easily identify the potential consequences of a conviction, if a caregiver moves from a PCSP to kinship, foster, or adoptive placement.

Explanatory Notes

Following are explanatory notes pertaining to offenses under the Texas Penal code and other offenses:

  • A substantially similar conviction under another state’s law or federal law is handled as though the conviction was 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 State Plan for Foster Care and Adoption Assistance, 42 USC 671(a)(20)(A).
  • “N/A” means there is no such relevant misdemeanor or felony crime.
  • “No action needed” means a crime was committed, but no specific DFPS action is required. Nevertheless, if there is a conviction, it needs to be considered for its overall impact to child safety.
  • The term “verified,” under Chart 2 and Chart 3, is used to refer to applications submitted for verification by adults who:
    • Are verified as foster parents or approved as adoptive parents.
    • Are currently verified foster parents and approved adoptive parents.
  • The tables in Chart 2 and Chart 3 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 Safety Plan Monitors and PCSPs

Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes

Chart 3: Low-Risk Criminal Offenses Eligible for an Appeal in Kinship Placement Decision

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