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1000 DFPS Background Checks

Background Checks April 2026

The DFPS Background Checks program is part of the Office of Background and Search Services (OBSS), which functions under the Office of the Assistant Deputy Commissioner of Operations (ADCO). The Background Checks program is responsible for processing criminal, abuse, neglect, and reportable conduct history checks for multiple populations. 

These populations include, but are not limited to, the following:

  • DFPS prospective and current employees.
  • DFPS volunteers and interns.
  • Purchased Client Services (PCS) contractors.
  • Single Source Continuum Contractors (SSCC).
  • Court Appointed Special Advocates (CASA).
  • External volunteers (including those from child advocacy centers and Big Brothers Big Sisters).
  • Texas Juvenile Justice Department (TJJD) staff.
  • Superior Health staff.
  • Adult foster care staff.
  • Other non-DFPS staff who need access to DFPS clients and resources.

Processing background checks helps DFPS identify potential risks and protect the safety and well-being of clients and agency resources.

1100 Types of Background Checks

Background Checks April 2026

Reportable Conduct Check

DFPS completes a reportable conduct check through the Search Engine for Multi-Agency Reportable Conduct (SEMARC). Reportable conduct is defined in Chapter 810 of the Texas Health and Safety Code and means a participating state agency’s determination that an individual engaged in abuse, neglect, exploitation, or misconduct, and for which the determining agency has done both of the following:

  • Provided any required notice or opportunity to contest the determination.
  • Issued a final determination.

Abuse and Neglect (FPS History) Check

An FPS history check is a search in IMPACT of records of investigations of child or adult abuse, neglect, or exploitation in Texas. See the Definitions of Terms for more information.

Texas Name-Based Criminal History (DPS) Check

A DPS check is a criminal history search requested through the Texas Department of Public Safety (DPS) that uses a person’s name instead of fingerprints. See Definitions of Terms for more information.

FBI Fingerprint Check

An FBI fingerprint check is a fingerprint-based criminal history search requested through the Federal Bureau of Investigation (FBI). The FBI and DPS require a national fingerprint check for anyone who has unescorted access to unencrypted criminal justice information (CJI). This requirement applies to all persons with only physical or logical access to systems, equipment, or devices that store, process, or transmit unencrypted CJI.

An FBI fingerprint check is also required when the subject of a background check has lived outside Texas within a specific time frame.

For more information on FBI fingerprint checks, see:

2000 Background Checks for Contracted Services

3000 Background Checks for Non-DFPS Staff

7200 FBI Fingerprint Checks

DFPS may also require FBI fingerprint checks for good cause, such as when DFPS has a reasonable belief that a person may have criminal history in another state.

Central Registry Check

A Central Registry check is a name-based search of the DFPS Central Registry in IMPACT. See Definitions of Terms for more information.

FBI Exigent Check

An FBI exigent check is a name-based search of the FBI’s database of crimes committed in the United States. See Definitions of Terms for more information.

1200 Responsibilities under the Background Check Policy

Background Checks April 2026

Background Checks staff are responsible for doing both of the following:

  • Being knowledgeable and adhering to applicable background check policies.
  • Maintaining open communication regarding background check requirements, issues, or concerns.

1210 Using DFPS Background Check Resources

Background Checks April 2026

No person may use DFPS background check resources to do any of the following:

  • Request a background check on a person who is not subject to a DFPS background check policy.
  • Obtain background check information on such a person.

Unauthorized access or use of background check resources violates DFPS policy and may result in disciplinary action or other adverse action.

1300 Search Engine for Multi-Agency Reportable Conduct (SEMARC)

Background Checks April 2026

In 2023, the 88th Texas Legislature passed Senate Bill 1849, which amended the Texas Health and Safety Code by adding Chapter 810. The bill directed participating agencies to establish an interagency search engine for authorized users to access information about individuals with a history of reportable conduct.

The participating state agencies are:

  • Texas Department of Family and Protective Services (DFPS).
  • Texas Health and Human Services Commission (HHSC).
  • Texas Education Agency (TEA).
  • Texas Juvenile Justice Department (TJJD).
  • Texas Comptroller of Public Accounts (CPA).

SEMARC results are used to determine a person’s eligibility for employment, volunteer positions, certification, contracts, or licensure in organizations such as child care operations, school districts, long-term care facilities, and probation departments.

The Office of Interagency Coordination on Reportable Conduct (OICRC) is responsible for the coordination and administration of SEMARC and functions under the DFPS Office of Background and Search Services (OBSS).  

1310 Types of Information in SEMARC

Background Checks April 2026

The executive head of each participating state agency designates agency employees or contractors who are eligible to access SEMARC and the agency's automation systems to determine whether an individual has engaged in reportable conduct. SEMARC combines the following investigative data from each participating state agency:

  • DFPS – information on sustained perpetrators of child abuse, neglect, or exploitation in a regulated or employment-based setting. Family-based and Adult Protective Services investigations are not included.
  • HHSC – information from the Employee Misconduct Registry (EMR). This lists personnel who have committed acts of abuse, neglect, or exploitation against individuals in long-term care settings regulated by HHSC.
  • TEA – information from TEA’s Do Not Hire Registry (DNHR). This registry lists individuals who are not eligible to be hired in a Texas public school, based on findings of child abuse, solicitation of an improper relationship with a student, or conviction of certain crimes involving minors. 
  • TJJD – a list of individuals who have had their certifications revoked or have been found ineligible to be certified to work or provide services in juvenile justice facilities or programs.

1320 Reportable Conduct Check Populations

Background Checks April 2026

DFPS Background Checks conducts reportable conduct checks through SEMARC for individuals seeking positions that have access to DFPS clients or resources under DFPS programs. These include the following:

  • Prospective and current DFPS employees.
  • Prospective and current Single Source Continuum Contractor (SSCC) employees.
  • Contractors or grantees who provide services to populations served by DFPS or who have direct access to or direct contact with DFPS clients, participants, or resources.
  • DFPS volunteers.
  • Individuals who need external access to DFPS data, systems, and networks.

Please note: A waiver of any reportable conduct check through SEMARC must be approved by the DFPS Commissioner, or the DFPS Commissioner’s designee, after consultation with DFPS legal counsel to ensure the waiver does not conflict with state or federal law.

1400 Policies for All Populations Subject to Background Checks

1410 Reporting New Criminal Incidents and DFPS Investigations

1411 New Criminal Incidents

Background Checks April 2026

A person must report any new criminal incident, including any arrest or charge by any federal, state, or local agency or board, if the person has had a background check completed under any of the following policy sections:

2000 Background Checks for Contracted Services

3000 Background Checks for Non-DFPS Staff

7000 Background Checks for DFPS Volunteers and Interns

The person must report the incident within five business days to the appropriate contact listed below:

  • Purchased Client Services (PCS) contractor.
  • DFPS contract manager.
  • DFPS sponsor.
  • Faith-Based and Community Engagement (FBCE) staff member.

DFPS refers to this as self-reporting.

1411.1 Purchased Client Services (PCS)

Background Checks April 2026

If a new incident is reported to a PCS contractor, the contractor must complete the following tasks within three business days of the report:

Then, the DFPS contract manager must do both of the following:

  • Notify Background Checks of the self-reported incident.
  • Ensure that a new background check request is launched in the Automated Background Check System (ABCS).
1411.2 Non-DFPS Staff, DFPS Volunteers, and interns

Background Checks April 2026

If a new incident is reported to a DFPS contract manager, DFPS sponsor, or DFPS Faith-Based and Community Engagement employee, the person receiving the report must do both of the following:

  • Notify Background Checks staff about the new criminal history within three business days of the report.
  • Submit a new background check request for the subject after at least 30 days have passed since the date of the incident (such as the arrest date).
1411.3 Responsibilities of Background Checks Staff

Background Checks April 2026

Once a new criminal incident is reported to DFPS Background Checks, Background Checks staff complete the following steps.

Step 1 – Assess the Incident

Background Checks staff review the incident under the applicable policy section:

2000 Background Checks for Contracted Services

3000 Background Checks for Non-DFPS Staff

7000 Background Checks for DFPS Volunteers and Interns

Step 2 – Provide Initial Notification

Background Checks staff notify the PCS contractor, DFPS contract manager, DFPS sponsor, or DFPS Faith-Based and Community Engagement employee that one of the following applies:

  • The subject may continue to access DFPS resources and clients while the disposition is pending.
  • The subject must be temporarily denied from accessing DFPS resources and clients until a final disposition is known.

Note: If access is temporarily denied, the DFPS contract manager, DFPS sponsor, or DFPS Faith-Based and Community Engagement employee must do both of the following:

  • Remove the person’s access to DFPS clients and resources.
  • Notify DFPS Application and Data Support and network security administrators, if applicable, indicating that the person’s access has temporarily been denied, and the person may no longer have access to DFPS clients and resources.

Step 3 – Review the Final Disposition

Background Checks staff assess the final disposition of the criminal charge, once it becomes available.

Step 4 – Issue Final Notification

Background Checks staff notify the PCS contractor, DFPS contract manager, DFPS sponsor, or DFPS Faith-Based and Community Engagement employee of the final determination.

1412 New DFPS Investigations

Background Checks April 2026

Statewide Intake (SWI) notifies Background Checks staff when SWI receives a new report of abuse, neglect, or exploitation that involves a person who has had a background check completed under any of the following policy sections:

2000 Background Checks for Contracted Services

3000 Background Checks for Non-DFPS Staff

5000 Background Checks for Court Appointed Special Advocates (CASA) Employees, Volunteers, and Board Members

7000 Background Checks for DFPS Volunteers and Interns

8000 Background Checks for State and Federal Audit Staff

Background Checks staff complete the following actions based on the relationship of the subject of the background check to DFPS.

1412.1 Purchased Client Services (PCS)

Background Checks April 2026

Background Checks staff review the new report of abuse, neglect, or exploitation to determine what action is required.

No further action is required if the new report is a traditional investigation, and the subject is not an alleged perpetrator.

Background Checks staff contact the PCS contractor to determine whether the subject of the new report is currently employed by the contractor, if either of the following applies:

  • The report is an Alternative Response investigation in which the subject has any role.
  • The report is a traditional investigation in which the subject is an alleged perpetrator.

If the subject of the report is no longer employed by the contractor, Background Checks staff close the person’s background check record, and no further action is required.

If the subject of the report is currently employed by the contractor, Background Checks staff evaluate the report to determine which of the following applies:

  • The person may continue to access DFPS resources while the investigation is ongoing.
  • The person must temporarily be denied access to DFPS resources while the investigation is ongoing.

If the subject of the report becomes a designated perpetrator in a closed investigation and is currently employed by the contractor, Background Checks staff complete the following actions:

1412.2 Non-DFPS Staff

Background Checks April 2026

Background Checks staff evaluate the new report to determine which of the following applies:

  • The person may continue to access DFPS resources while the investigation is ongoing.
  • The person must be temporarily denied access to DFPS resources while the investigation is ongoing.

If Background Checks staff determine the subject of the background check must be temporarily denied access to DFPS resources until the traditional or Alternative Response investigation closes, Background Checks staff direct the DFPS sponsor to remove the person’s access. The DFPS sponsor removes the access and notifies the contractor that the access has been temporarily denied.

Once the traditional or Alternative Response investigation closes, Background Checks staff complete the following:

  • Determine whether a new background check is required.
  • Process the new background check (if required) according to 3000 Background Checks for Non-DFPS Staff.
  • Notify the DFPS sponsor of the final determination.

The DFPS sponsor then completes one of the following actions based on the final determination from Background Checks staff:

  • If the person who was temporarily denied access is then determined to be eligible, the DFPS sponsor notifies the person and reinstates access to DFPS resources.
  • If the person is determined to be ineligible, the DFPS sponsor notifies the person, DFPS Application and Data Support, and the network security administrators, if applicable, that the person is ineligible and may no longer access DFPS resources.
1412.3 CASA Employees, Volunteers, and Board Members

Background Checks April 2026

Background Checks staff evaluate the new report of abuse, neglect, or exploitation to determine which of the following applies:

  • The CASA employee, volunteer, or board member may continue to access DFPS resources and clients while the investigation is ongoing.
  • The CASA employee, volunteer, or board member must be temporarily denied access to DFPS resources and clients while the investigation is ongoing.

If Background Checks staff determine the subject of the background check must be temporarily denied access to DFPS resources and clients until the traditional or Alternative Response investigation closes, Background Checks staff notify the CASA ABCS representative that access has been temporarily denied while the investigation is ongoing.

Once the traditional or Alternative Response investigation closes, Background Checks staff review its results according to 5000 Background Checks for Court Appointed Special Advocates (CASA) Employees, Volunteers, and Board Members and complete the following actions based on the final determination.

Person Is Determined Eligible

If the CASA employee, volunteer, or board member was denied access to DFPS resources and clients while the investigation was ongoing, Background Checks staff notify the CASA ABCS representative that a new background check needs to be submitted.

If the CASA employee, volunteer, or board member was not denied access to DFPS resources and clients while the investigation was ongoing, no further action is required, and the person maintains access to DFPS resources and clients.

Person Is Determined Ineligible

Background Checks staff communicate the decision to deny the person’s access to DFPS resources and clients to both the person and the CASA ABCS representative.

1412.4 DFPS Volunteers and Interns

Background Checks April 2026

If the subject of the new report is a DFPS volunteer or intern, SWI notifies the Faith-Based and Community Engagement (FBCE) division and Background Checks staff of the new report of abuse, neglect, or exploitation.

Once a new report is received, the FBCE staff member who submitted the original background check request for the DFPS volunteer or intern removes the person’s access to DFPS resources and clients.

See 7000 Background Check Procedures in the Faith-Based and Community Engagement Handbook.

If the volunteer or intern may be considered again, the FBCE staff member submits a new background check request in ABCS if one of the following applies:

  • The traditional investigation closes with a finding of Ruled Out, Unable to Determine, or Incomplete.
  • The Alternative Response investigation closes without progressing to a traditional investigation.

Background Checks staff then do both of the following:

1412.5 Federal and State Audit Staff

Background Checks April 2026

Background Checks staff evaluate the new report of abuse, neglect, or exploitation and determine which of the following applies:

  • The auditor may continue to access DFPS resources while the investigation is ongoing.
  • The auditor must be temporarily denied access to DFPS resources while the investigation is ongoing.

If Background Checks staff determine that the auditor must be temporarily denied access to DFPS resources until the traditional or Alternative Response investigation closes, Background Checks staff notify the auditor’s DFPS sponsor. The DFPS sponsor then notifies the state or federal agency employing the auditor that the person is temporarily denied access to DFPS resources.

Once the traditional or Alternative Response investigation closes, Background Checks staff do both of the following:

Based on Background Checks staff determination, the DFPS sponsor completes one of the following actions:

  • If the auditor is determined to be eligible, the DFPS sponsor informs the auditor and reinstates access to DFPS resources.
  • If the auditor is determined to be permanently ineligible, the DFPS sponsor informs the auditor and notifies DFPS Application and Data Support and the network security administrators, if applicable, that the person has been determined ineligible and may no longer access DFPS resources.

1420 Review Background Check Decisions

Background Checks April 2026

The following people may request a review of the Background Checks program’s decision to bar a person from access to DFPS resources and clients:

  • A person who is the subject of a background check under this policy.
  • The community engagement specialist or FBCE staff member, acting on behalf of a volunteer or intern.
  • The DFPS sponsor, acting on behalf of a state or federal auditor.

In addition, a PCS contractor or the contractor’s staff may request a review of a person’s criminal history. However, only the person who is the subject of the background check may request a review of his or her history of abuse, neglect, or exploitation.

1421 Requesting a Review

Background Checks April 2026

The person requesting a review submits the request to Background Checks in writing within 30 days of the date that Background Checks issued a decision.

The request must include the following information:

  • The name of the subject of the background check.
  • The date that Background Checks issued the decision.
  • Details about the basis of the request, including any of the following that apply:
    • Previous DFPS background check policies under which DFPS approved the barred person to access DFPS resources or clients and the dates of those background checks.
    • Any new information that Background Checks staff have not yet considered and that the barred person believes may change the decision.
    • A detailed statement from the barred person explaining the circumstances surrounding the investigation, case, or incident and why he or she is not a threat to DFPS resources or clients.
    • Information about which portion or portions of this policy the barred person believes the Background Checks staff may not have followed when making the decision.
    • Proof that the criminal history or DFPS history does not belong to the barred person.
  • Other documentation, as determined by Background Checks staff.

1422 Conducting the Review

1422.1 First Review

Background Checks April 2026

Background Checks management conducts the review to make sure that all involved DFPS staff members followed all policies and procedures. Background Checks management reviews the decision with the Background Checks program administrator and DFPS Office of the General Counsel (also known as the Legal division), if necessary, before issuing a response.

Background Checks management considers the following when conducting the review:

  • Additional information that proves that a mismatch has occurred. This means that the subject of the background check is not the person who was arrested, convicted, or involved in the abuse, neglect, or exploitation in question.
  • New information about the investigation of abuse, neglect, or exploitation.
1422.2 Second Review

Background Checks April 2026

The person requesting the first review may request a second review by following the directions in 1421 Requesting a Review, if he or she disagrees with Background Checks management’s decision. The director in the Office of the Deputy Chief Operating Officer conducts the second review.

The second review’s decision about whether to continue barring the person from accessing DFPS resources and clients is final.

 

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