Chart 1: Assessing Criminal History Offenses and Convictions for PCSPs
CPS October 2021
This chart is part of Appendix 4525: Offenses from the Texas Penal Code and Other Codes.
For more information on how criminal history affects PCSPs, see 3210 Safety Plan.
Absolute Bars to Placement
Offense |
Texas Penal Code |
Effect on PCSP Placement (Conviction or Deferred Adjudication) |
|---|---|---|
Criminal Solicitation of a Minor (felony) |
Absolute Bar and child cannot be placed |
|
Murder (felony) |
Absolute Bar and child cannot be placed |
|
Capital Murder (felony) |
Absolute Bar and child cannot be placed |
|
Manslaughter (felony) |
Absolute Bar and child cannot be placed |
|
Criminally Negligent Homicide (felony) |
Absolute Bar and child cannot be placed |
|
Kidnapping (felony) |
Absolute Bar and child cannot be placed |
|
Aggravated Kidnapping (felony) |
Absolute Bar and child cannot be placed |
|
Trafficking of Persons (felony) |
Absolute Bar and child cannot be placed |
|
Continuous Trafficking of Persons (felony) |
Absolute Bar and child cannot be placed |
|
Continuous Sexual Abuse of Young Child or Disabled Individual (felony) |
Absolute Bar and child cannot be placed |
|
Indecency with a Child (felony) |
Absolute Bar and child cannot be placed |
|
Improper Relationship Between Educator and Student (felony) |
Absolute Bar and child cannot be placed |
|
Sexual Assault (felony) |
Absolute Bar and child cannot be placed |
|
Aggravated Sexual Assault (felony) |
Absolute Bar and child cannot be placed |
|
Injury to a Child, Elderly Individual or Disabled Individual (felony) |
Absolute Bar and child cannot be placed |
|
Abandoning or Endangering Child (felony) |
Absolute Bar and child cannot be placed |
|
Enticing a Child (misdemeanor or felony) |
Absolute Bar and child cannot be placed |
|
Violations of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, or Stalking Case (felony) |
Absolute Bar and child cannot be placed |
|
Repeated Violation of Court Order or Condition of Bond in Family Violence case (felony) |
Absolute Bar and child cannot be placed |
|
Sale or Purchase of Child (felony) |
Absolute Bar and child cannot be placed |
|
Continuous Violence Against the Family (felony) |
Absolute Bar and child cannot be placed |
|
Arson (felony) |
Absolute Bar and child cannot be placed |
|
Online Solicitation of a Minor (felony) |
Absolute Bar and child cannot be placed |
|
Obstruction or Retaliation (felony) |
Absolute Bar and child cannot be placed |
|
Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody (felony) |
Absolute Bar and child cannot be placed |
|
Stalking (felony) |
Absolute Bar and child cannot be placed |
|
Aggravated Promotion of Prostitution (felony) |
Absolute Bar and child cannot be placed |
|
Compelling Prostitution (felony) |
Absolute Bar and child cannot be placed |
|
Obscenity (misdemeanor or felony) |
Absolute Bar and child cannot be placed |
|
Sexual Performance by a Child (felony) |
Absolute Bar and child cannot be placed |
|
Employment Harmful to Children (felony) |
Absolute Bar and child cannot be placed |
|
Possession or Promotion of Child Pornography (felony) |
Absolute Bar and child cannot be placed |
Offense |
Texas Family Code |
Effect on PCSP Placement (Conviction or Deferred Adjudication) |
|---|---|---|
Failure to Report; Penalty (felony) |
Absolute Bar and child cannot be placed |
|
Removal of Alleged Perpetrator; Offense (felony) |
Absolute Bar and child cannot be placed |
Offense |
Texas Human Resources Code |
Effect on PCSP Placement (Conviction or Deferred Adjudication) |
|---|---|---|
Failure to Report; Penalty (felony) |
Absolute Bar and child cannot be placed |
Additional Absolute Bars
Any other felony conviction or felony deferred adjudication in the past five years is an absolute bar.
Non-Absolute Bars to Placement (Evaluation and Approval Required)
A household may be considered for a PCSP if any household member has either (or both) of the following:
- A felony conviction or a felony deferred adjudication that is not an absolute bar and that is older than five years.
- A misdemeanor conviction that is not an absolute bar.
However, before placing the child, the caseworker must do both of the following:
- Conduct a full evaluation of all circumstances on a case-by-case basis.
- Obtain required approval from the program director (PD).