The act of reviewing both confidential and public information to investigate a person or entity's history. Background checks are commonly performed by employers to ensure that: 1 an employee is who he or she says they are, 2 to determine that the individual does not have a damaging history such as criminal activity that may reflect poorly on the company , 3 to confirm information that an applicant included on their application for employment.
Extensive background checks can be quite expensive mainly because of the time and effort necessary to explore every item in a person or entity's history. Use 'background check' in a Sentence Before Larry became a babysitter, he would have to undergo a background check to ensure that he was a safe person. In order to apply to rent to own a house the seller required a background check and past landlords contact information to approve the intended buyer.
I was supposed to hear back from them by now in regards to a background check they said they were going to run, but no call as of yet. Show More Examples. You Also Might Like Adam Colgate. Employers advertising for new staff are often overwhelmed by the number of resumes they receive. A child-placing agency must submit a request for a background check for each current or prospective foster parent.
A child-placing agency must submit a request for a background check for each prospective adoptive parent seeking to adopt through the child-placing agency. Each operation must submit a request for a background check for each person other than a client in care who is 14 years old or older, including a contract employee, self-employed person, or volunteer, who:. Each prospective or current licensed administrator must submit a request for a background check with the initial application and every five years thereafter. Operations do not submit requests for background checks for a parent or volunteer who only supplements the child-caregiver ratio for a water activity.
For the definition of the word professional , see Definitions of Terms. Operations do not submit requests for background checks for controlling persons, such as a board member of a corporation or association that owns or governs the operation, unless the controlling person also fulfills a role outlined in Persons for Whom Operations Must Submit Requests for Background Checks. A child-placing agency does not submit requests for background checks for individuals in foster homes that are on inactive status.
If the child-placing agency takes a home off inactive status and the renewal background check for any individual is overdue, the child-placing agency must submit a request for a new background check before a child can be placed in the home. The operation does not have to submit a request for a background check for someone with responsibilities as a DFPS or Licensing employee or volunteer. The six types of background checks HHSC conducts for individuals at child care operations are outlined in the following chart:.
Each person for whom an operation is required to submit a request for a background check must have a Central Registry check. Each person required to have a background check must have either a fingerprint-based criminal history check or a name-based criminal history check as outlined in the chart below:. Additionally, a person who is present at the operation only to observe or complete a skills practicum as part of a college or high-school course requirement and is supervised by a qualified caregiver at all times will only need a name-based Texas criminal history check.
Some persons who are required to have a background check and are associated with a licensed, registered, or listed operation must also have out-of-state checks as outlined in the chart below:. All child care providers are required to submit initial and renewal background checks for a person required to have a background check, as specified in Persons for Whom Operations Must Submit Requests for Background Checks.
A renewal background check is a subsequent background check an operation submits for a person who has had an initial background check at the same operation, if the person continues to be associated with the operation. If a monitoring staff receives Form Child Care Licensing Request for Background Check from a listed family home, temporary shelter child care operation, or small employer-based operation, the monitoring staff scans the Form and emails the scanned copy to CBCUBackgroundChecks hhsc.
When the Centralized Background Check Unit CBCU staff receive Form Child Care Licensing Request for Background Check from a listed home, temporary shelter care operation, or a small employer-based operation, the staff must ensure that operator of the child care operation provides certain identifying information for the person who is the subject of the background check in order for the CBCU to conduct the background check. This information includes the following:.
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The staff contacts the operation if any of the required identifying information is missing from Form When the Centralized Background Check Unit staff receive Form Child Care Licensing Request for Background Check, staff must confirm that the operator of the listed family home, temporary child care operation, or small employer-based operation has signed the form indicating that he or she has verified the information submitted is correct.
The submission of an online request is considered the same as a signature. Upon receiving Form Child Care Licensing Request for Background Check from a listed family home, temporary shelter child care operation, and a small employer-based operation and following procedures in Requiring Identifying Information, and Verifying Information, the Centralized Background Check Unit staff uses the information on the form to initiate a background check in CLASS.
There are three possible employment status options for a person for whom the operation has submitted a request for a background check:. Yes, if the person's Pending status is due to a renewal background check submission and the previous submission shows an eligibility determination of Eligible, Provisional or Eligible with Conditions. The CBCU staff compares the information in the possible DFPS Central Registry matches to the following information to determine whether the person at the operation has a history of abuse or neglect:.
For completed or closed investigations, the Centralized Background Check Unit CBCU compares the identifying information of the person who is the subject of a background check to the identifying information for all of the possible matches. If the case is not eligible for purge, the CBCU staff proceed with processing the Central Registry match by taking the following steps:. If the finding has been sustained, the CBCU determines whether the person is eligible for a risk evaluation, and, if so, if the person is eligible to be present at the operation pending the outcome of the risk evaluation.
The Centralized Background Check Unit CBCU staff review the investigation to obtain information needed to assess the risk to children in care and to determine whether:. In addition, the DFPS investigator assesses risk and makes the request for an emergency release if an immediate threat or danger is discovered at the operation that was the subject of the CCI investigation. The DFPS designated contact person proceeds with the desk review or ARIF of the investigation to determine whether the preponderance of evidence standard is met.
The CBCU uses the following factors to determine the person who is the subject of a background check is an immediate threat to the health or safety of children:. When the CBCU inspector determines that the person who is the subject of the background check presents an immediate threat or danger to the health or safety of children, the CBCU inspector or manager:.
If the DP has not received notification of the right to a hearing, then the CBCU sends a letter to notify the DP of the right to a due process hearing. If the DP is a minor, the notification must be sent to the parent or guardian. The attorney prepares and presents each case. Preparation for the hearing includes gathering and analyzing relevant evidence and identifying and preparing witnesses.
Preparing may also include resolving discovery and the handling of any open records requests. Presentation at hearings includes making legal arguments and examining witnesses.
If the finding is upheld in the due process hearing, it is a sustained finding. After determining the case is ineligible for purge, the Centralized Background Check Unit inspector determines whether the person who is the sustained perpetrator is eligible for a risk evaluation and is eligible to be present at the operation pending the outcome of the risk evaluation, if applicable, by using the chart in Evaluating Central Registry Findings.
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The Centralized Background Check Unit CBCU uses the following chart to determine whether the person who is the subject of the background check is eligible to be present at the operation and whether to give the person the opportunity to request a risk evaluation. If not eligible for a risk evaluation, then the person may not be present at the operation pending due process. The person who is the subject of the background check must:. For any felony offense not specifically enumerated in the relevant Criminal Conviction charts, the person must have an approved risk evaluation before being present at the operation, if:.
A substantially similar federal offense or offense in another state is treated the same as a similar offense in Texas. Criminal offenses that result in deferred adjudication community supervision are considered as a criminal conviction as follows:. A person required to register as a sex offender in Texas or any other state or U. Territory may not be present at an operation while children are in care.
For licensed administrators, the CBCU also evaluates offenses related to financial crimes, including the following Penal Code offenses:. In the legal system, juvenile adjudications of criminal offenses are civil adjudications and are not considered criminal convictions. The Centralized Background Check Unit CBCU sends an email to the Licensing Legal Services mailbox if the CBCU questions whether any juvenile history arrests or adjudications poses an immediate threat or danger to the health or safety of children in care of the operation.
If monitoring inspectors receive information from an operation that a person associated with the operation has either been arrested, indicted, or is the subject of an official criminal complaint accepted by a county or district attorney, the monitoring inspector reports this information to the CBCU immediately. When CBCU receives criminal history information indicating that a person associated with the operation has either been arrested, indicted, or is the subject of an official criminal complaint accepted by a county or district attorney, the Centralized Background Check Unit CBCU determines whether that person may be present at an operation while children are in care.
The CBCU determines whether a person that has been arrested, indicted, or charged with a crime may not be present at an operation by determining if a conviction for the arrest, indicted, or charged offense would permanently or temporarily make the person ineligible to be present at the operation pending the outcome of a risk evaluation, or if the CBCU, in consultation with the Licensing attorney, determines that the person poses an immediate threat or danger to the health or safety of children.
See the charts on the public website for more information on what criminal offenses are eligible for a risk evaluation and whether presence at an operation may be allowed while children are in care during the risk evaluation process if there is a conviction.
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The person may be present at the operation unless the CBCU notifies the operation that the subject is ineligible to be present at the operation. The CBCU will use the Criminal Convictions charts to determine which criminal offenses are eligible for a risk evaluation. The CBCU will use the chart at Evaluating Central Registry Findings to determine which central registry findings are eligible for a risk evaluation. A risk evaluation approved by the Criminal Background Check Unit CBCU for a criminal conviction or a sustained abuse or neglect finding does not expire and does not require a new risk evaluation, if:.
This section does not apply to temporary risk evaluations. Once there is a final outcome to the alleged crime or child abuse or neglect finding, the CBCU will make a final decision on the risk evaluation, if one continues to be required. A person who is the subject of the background check is responsible for requesting a risk evaluation after the Centralized Background Check Unit provides written notice that the person is eligible for a risk evaluation for a criminal conviction, child abuse or neglect finding, or has been arrested, indicted, or charged with a crime.
The person has 30 calendar days from the date the operation submitted the request for the background check to request a risk evaluation. See the chart in Evaluating Central Registry Findings for more information about when an individual who has a Central Registry match may be present at an operation while a risk evaluation is being considered. See Determining Appropriate Actions Based on Criminal History for more information about when an individual with a criminal history match may be present while a risk evaluation is being considered.
If the person requesting a risk evaluation is associated with a prospective or current foster or adoptive home, then the CBCU will require the child-placing agency that submitted the background check for the person to submit the following information:. If the person requesting a risk evaluation was incarcerated, the CBCU requires the person to submit the following information:.
If the person requesting a risk evaluation was given a probated sentence including deferred adjudication community supervision , the CBCU requires the person to submit the following information:.
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The Centralized Background Check Unit CBCU requires the operation requesting a risk evaluation to submit the following documentary evidence regarding Central Registry findings for consideration in determining risk:. The Centralized Background Check Unit manager or designee reviews the request for a risk evaluation and provides the person who is the subject of the background check and the operation that submitted the request for a background check with a written eligibility determination, including the final decision on the risk evaluation, within 45 calendar days from the date the operation submitted the background check.
When making a risk evaluation decision, the Centralized Background Check Unit considers the following for both criminal history and central registry findings:. If a risk evaluation expires due to new criminal or child abuse or neglect history, a different role at the operation, or employment at a different operation, the CBCU will conduct a new risk evaluation or reprocess the risk evaluation based on the new information.
An approved risk evaluation for a pending criminal charge is temporary pending the final outcome of the alleged crime. Once there is a final outcome, the CBCU will make a final decision on the risk evaluation, if one continues to be required. A risk evaluation prediction is a process to determine whether a risk evaluation would likely be approved for a person who has an unsustained Central Registry finding that:. To determine whether a risk evaluation would likely be approved for a person who has requested a due process hearing, the monitoring inspector emails the CBCU manager of the CBCU staff assigned to the operation to request a risk evaluation prediction.
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The monitoring inspector provides any additional information to the CBCU upon request. Once the information has been provided, the following steps are taken as appropriate:. After receiving the results of a background check, the Centralized Background Check Unit sends the operation and the person who is the subject of the background check a written determination of the background check as soon as possible, but no later than 45 calendar days from the date the operation submitted the background check.
For persons associated with a current or prospective foster or adoptive home, the notice letter the Centralized Background Check Unit CBCU sends to the child-placing agency will include this additional information:. The operation must comply with the CBCU's conditions placed on the individual or Licensing may amend the conditions, rescind the risk evaluation decision, or take enforcement action. Criminal matches with a disposition of Order of Nondisclosure or Expunged Record are not convictions. Since there is no conviction there is no minimum standards violation, and the CBCU may not share this information with a child-placing agency.
A description of each of these dispositions is noted below:. The notice letter the Centralized Background Check Unit CBCU sends to the person who is the subject of the background check will include the following information, as applicable:. The person who is the subject of the background check may request that the Centralized Background Check Unit CBCU review the background check determination if the person:. A person who is the subject of the background check may request the Centralized Background Check Unit CBCU review the background check determination by sending a written request to the CBCU inspector who made the determination, which must include:.
If a person has a provisional background check determination and has new information available regarding the finding that resulted in the determination, a request for a formal review is not necessary. The person may send the new information directly to the CBCU inspector who issued the provisional determination.