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2000 Background Checks for Contracted Services

Background Checks June 2026

DFPS Background Checks conducts background checks on anyone who provides services on behalf of various DFPS programs, including those services provided through the following:

  • Purchased Client Services (PCS).
  • Grantees.
  • Single Source Continuum Contractors (SSCC).

Background check requests are required for contractors, grantees, and volunteers for the contractor or grantee who provide services to populations served by DFPS or require direct access to or direct contact with DFPS clients, participants, or resources.

A background check has four parts, as follows:

In addition to the parts listed above, an out-of-state abuse and neglect history check may be required.

An out-of-state abuse and neglect history check may be required by DFPS for good cause, such as a reasonable belief that a subject may have such a history.

Exemptions

Certain subjects are exempt from this policy or may require background checks under a different policy. See the following policy sections for additional information on exemptions and background checks for other populations:

Appendix 2: PCS Background Check Exemption Chart

2220 24-Hour Residential Child Care Providers under HHSC Child Care Regulation

3000 Background Checks for Non-DFPS Staff

7000 Background Checks for DFPS Volunteers and Interns

Prohibited Use of Background Check Resources

Requestors are people who are authorized to enter background check requests in the Automated Background Check System (ABCS) for a contractor or entity. They are prohibited from using DFPS background check resources, specifically ABCS, to request background checks on anyone who is not subject to this policy. Using DFPS background check resources in ways that violate DFPS policy may result in penalties to the contractor or grantee.

Background check requirements for residential operations are outlined in 26 Texas Administrative Code, Chapter 745, Subchapter F.

2100 Division of Staff Responsibilities for Purchased Client Services

Background Checks June 2026

Specific background check responsibilities are shared by:

  • The DFPS Background Checks program.
  • Program staff (including contract managers, contract technicians, and contract program directors).
  • Requestors.

2110 DFPS Background Checks (BC) Staff

Background Checks June 2026

Background Checks staff are responsible for doing the following:

  • Communicating with the DFPS contract manager, contractor, or requestor of the background check.
  • Notifying requestors in writing about background check decisions and handling all associated follow-up.
  • Assessing the results of background checks required by this policy.
  • Processing risk assessments, when applicable.
  • Ensuring the results of the background check are handled according to the requirements in this policy.
  • Communicating with DFPS legal staff and program management, when applicable.

2120 Program Staff

Background Checks June 2026

Various DFPS program staff from areas such as contract management complete the following:

  • Ensure background checks required by this policy are completed for all contractors, grantees, and their staff and volunteers.
  • Ensure Background Checks staff are informed about actions related to a subject that may affect pending background checks, such as when a subject’s role changes or the subject is no longer being considered for a position.
  • Enter background check requests in the Automated Background Check System (ABCS) for subjects, when applicable.
  • Ensure contractors and grantees are knowledgeable about reporting new arrests and investigations. See 1410 Reporting New Criminal Incidents and DFPS Investigations.

2130 Contractors and Grantees

Background Checks June 2026

Contractors and grantees (requestors) complete the following:

  • Submit initial and renewal background check requests in a timely manner for subjects who require background checks according to this policy.
  • Ensure background check requests contain accurate information.
  • Ensure all background check results are received before allowing a subject direct contact with DFPS clients, participants, or resources.
  • Ensure subjects disclose any criminal, abuse, neglect, or reportable conduct history at the time of the background check request. DFPS may notify the contractor, grantee, or subject that failing to disclose all history may prohibit the subject from providing services to populations served by DFPS or obtaining direct access to or direct contact with DFPS clients, participants, or resources.

2200 Requesting a Background Check

Background Checks June 2026

The requestor submits requests for background checks through ABCS for each subject who provides services to populations served by DFPS or requires direct access to or direct contact with DFPS clients, participants, or resources.

The following two forms may be used to collect the required information for each subject requiring a background check under this policy:

If a subject completes a background check for a contract and the contract ends, the subject is not required to complete a new background check until the conditions in 2230 Renewing a Background Check are met, as long as a new contract number is assigned to the contract.

2210 Contractors and Grantees with Multiple Contracts and Grants

Background Checks June 2026

If a subject provides services under multiple contracts or grants, the person is not required to undergo background checks for each contract or grant, if all of the following apply:

  • Services are provided under the auspices of the same legal entity.
  • The subject provides the services in the same role under each contract or grant.
  • The background check on file was conducted within the previous 24 months.

Background check requirements for multiple contracts or grants are met when the subject does one of the following:

  • Obtains a copy of the background check notice confirming the most recent background check was determined eligible or a risk assessment was approved.
  • Submits a new background check under each agency account in ABCS.

ABCS User or Administrator

If a subject is an ABCS requestor under multiple contracts or grants, he or she must have an eligible background check for each account to which he or she has access.

2220 24-Hour Residential Child Care Providers under HHSC Child Care Regulation

Background Checks June 2026

A 24-hour residential child care provider is a child care operation that provides around-the-clock care for children 17 years old or younger whose parents or guardians are temporarily or permanently unable to care for them. Residential child care includes general residential operations and child-placing agencies. These providers are regulated by Texas Health and Human Services Commission (HHSC) Child Care Regulation (CCR) and are required to do background checks on their staff members and volunteers, according to HHSC licensing rules. See Title 26, Texas Administrative Code, Chapter 745, Subchapter F.

General Residential Operations

General residential operations provide 24-hour care for seven or more children 17 years old or younger and may provide various treatment services, emergency care services, or therapeutic camps. General residential operations include residential treatment centers.

Child-Placing Agencies

Child-placing agencies are people or organizations other than a child’s parent or guardian who plan for placement of a child or place a child in a child care facility, foster home, or adoptive home. Foster family homes provide 24-hour care for six or fewer children 17 years old or younger.

The following are two types of background checks that a 24-hour residential child care provider may be required to do:

  • The background checks required under this policy.
  • The background checks required by CCR.

A 24-hour residential child care provider requests both types of background checks if the entity that contracts with DFPS, or any staff member of the entity, meets any of the following criteria:

  • The subject is an ABCS requestor.
  • The subject also works under a contract that provides services to clients of Adult Protective Services.
  • The subject also works under a contract that provides supervised independent living services to clients of Child Protective Services.
  • The subject is a principal on the contract and has access to the financial records of the entity that contracts with DFPS. A principal is a person (such as the chief operating officer, chief executive officer, or executive director) who has the authority to make financial decisions on behalf of the entity.

2230 Renewing Background Checks

Background Checks June 2026

For subjects continuing to work under a contract or grant, the requestor submits renewal background checks as follows:

  • No later than every 24 months, based on the request date of the previous background check.
  • Earlier than 24 months, if there is a change in the subject’s role or responsibilities under the contract or grant.

After the new request is submitted, the subject may continue to provide services to populations served by DFPS and maintain direct access to or direct contact with DFPS clients, participants, or resources while the results are being reviewed, unless informed otherwise by DFPS.

If a subject’s employment or volunteer placement under a contract or grant is discontinued, a new background check is required before the subject returns to work or to volunteer, even if the previous background check was completed within the preceding 24 months.

If a subject’s background check renewal is not completed within the required time frame, the person is moved to an inactive state by the system through the external sunsetting process. Once made inactive, any authorized user of ABCS no longer has access to that system.

2300 Completing an FBI Fingerprint Check

Background Checks June 2026

An FBI fingerprint criminal history check must be completed within 30 days of the request, or the subject may not be able to provide services to populations served by DFPS or to have direct access to or direct contact with DFPS clients, participants, or resources. A requestor may request an extension to the time frame if proof is provided that the subject has taken reasonable steps to meet the requirement.

After the initial background check is complete, a new FBI fingerprint check is not required if the subject was fingerprinted for a DFPS purpose on or after June 1, 2015.

2400 Assessing the Results of Background Checks

Background Checks June 2026

If a subject has any abuse, neglect, exploitation, criminal, or reportable conduct history, Background Checks staff assess the history to determine whether the subject may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources.

2410 DFPS History

Background Checks June 2026

Background Checks staff use Appendix 1: Abuse, Neglect, Exploitation, and Reportable Conduct Check History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members to assess all DFPS history. This appendix indicates the types of DFPS history that are absolute bars to providing services to populations served by DFPS and to obtaining direct access to or direct contact with DFPS clients, participants, or resources. See 2520 Absolute Bar.

All other DFPS history is reviewed by Background Checks staff to determine whether the history poses a risk to DFPS clients, participants, or resources and requires a risk assessment. If the history does not pose a risk to DFPS clients, participants, or resources and does not require a risk assessment, the person is eligible for direct access to or direct contact with DFPS clients, participants, or resources. See 2411 Risk Assessment for DFPS History and 2510 Eligible.

2411 Risk Assessment for DFPS History

Background Checks June 2026

Background Checks staff may complete a risk assessment for DFPS history that is not identified as an absolute bar on Appendix 1: Abuse, Neglect, Exploitation, and Reportable Conduct Check History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members to determine whether the subject may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources, if both of the following are true:

  • A subject has a history of abuse, neglect, or exploitation that poses a risk for providing services or obtaining direct access to or direct contact with DFPS clients, participants, or resources.
  • The history is not an absolute bar (as defined in 2520 Absolute Bar).

To assess the risk for providing services to populations served by DFPS and obtaining direct access to or direct contact with DFPS clients, participants, or resources, Background Checks staff review the case documentation and consider such factors as the following:

  • The length of time since the abuse, neglect, or exploitation occurred.
  • The severity of the abuse, neglect, or exploitation.
  • Whether there is a pattern of any type of abuse, neglect, or exploitation.
  • The role that the contractor or contractor’s staff played in the case.
  • The current or prospective position and responsibilities of the subject.
  • The contractor’s history of compliance with DFPS policies.
  • Whether any additional factors mitigate the risk to DFPS clients, participants, or resources.

Background Checks management must approve the risk assessment before the subject may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources.

Based on the results of the risk assessment, Background Checks staff notify the requestor, who might also be the DFPS contract manager, that the subject is either of the following:

  • Eligible to provide services to populations served by DFPS or to obtain direct access to or have direct contact with DFPS clients, participants, or resources. See 2510 Eligible.
  • Ineligible to provide services to populations served by DFPS or not able to obtain direct access to or have direct contact with DFPS clients, participants, or resources. See 2520 Absolute Bar.

DFPS history may not be shared with any external entities, including contractors.

2420 Criminal History

Background Checks June 2026

Background Checks staff use Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff to assess all criminal history. This appendix indicates the criminal convictions that are absolute bars to providing services to populations served by DFPS or to obtaining direct access to or direct contact with DFPS clients, participants, or resources. See 2520 Absolute Bar.

All other criminal history is reviewed by Background Checks staff to determine whether the subject may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources. See 2423 Risk Assessment for Criminal History.

All subjects required to complete a background check under this policy are required to self-report any new arrest. See 1410 Reporting New Criminal Incidents and DFPS Investigations.

Background Checks staff assess new arrest information according to this policy and determine what action, if any, is required.

2421 Sex Offender Registry Records

Background Checks June 2026

Background Checks receives information regarding sex offender registration as part of the criminal history check process. If the subject of a background check is currently a registered sex offender in Texas or any other state, the subject is ineligible to provide services to populations served by DFPS and to obtain direct access to or direct contact with DFPS clients, participants, or resources.

2422 Juvenile History Records

Background Checks June 2026

DFPS receives certain juvenile history records from DPS and the FBI while conducting a criminal background check. Background Checks staff review juvenile history records and assess the risk to DFPS clients, participants, or resources based on 2423 Risk Assessment for Criminal History.

If Background Checks staff determine there is a risk of immediate harm because of the subject’s juvenile history, Background Checks staff consult with DFPS legal staff to determine the appropriate action.

2423 Risk Assessment for Criminal History

Background Checks June 2026

Background Checks staff may complete a risk assessment for criminal history that is not identified as an absolute bar on Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff or if the subject has certain juvenile incidents or crimes. A risk assessment helps staff determine whether the history poses a risk to the health or safety of children and, therefore, justifies whether the subject of the check may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources.

To assess the risk to DFPS clients, participants, or resources, Background Checks staff consider such factors as the following:

  • Whether the subject has taken any measures toward rehabilitation.
  • The length of time since the crime occurred.
  • The severity of the crime.
  • Whether there is a pattern of any type of juvenile or adult criminal history.
  • The role that the subject played in the crime.
  • The current or prospective position and responsibilities of the subject.
  • The contractor’s history of compliance with DFPS policies.
  • Whether any additional factors mitigate the risk to DFPS clients, participants, or resources.

For juvenile history, staff consider the following additional factors:

  • The age of the victim, if applicable.
  • The age of the subject at the time of the incident.
  • Whether the incident would justify the subject being ineligible if the offense were for a similar adult crime.

Background Checks management must approve the risk assessment before the subject may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources.

2430 Reportable Conduct History

Background Checks June 2026

Background Checks staff use Appendix 1: Abuse, Neglect, Exploitation, and Reportable Conduct Check History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members to assess all reportable conduct history. This appendix indicates the types of reportable conduct history that are absolute bars to providing services to populations served by DFPS or to obtaining direct access to or direct contact with DFPS clients, participants, or resources. See 2520 Absolute Bar.

All other reportable conduct history is reviewed by Background Checks staff to determine whether the history poses a risk to DFPS clients, participants, or resources and requires a risk assessment. If the history does not pose a risk to DFPS clients, participants, or resources and does not require a risk assessment, the person is eligible for direct access to or direct contact with DFPS clients, participants, or resources. See 2431 Risk Assessment for Reportable Conduct History and 2510 Eligible.

2431 Risk Assessment for Reportable Conduct History

Background Checks June 2026

Background Checks staff may complete a risk assessment for reportable conduct history that is not identified as an absolute bar on Appendix 1: Abuse, Neglect, Exploitation, and Reportable Conduct Check History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members to determine whether the subject may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources, if both of the following are true:

  • A subject has a history of reportable conduct that poses a risk for providing services or obtaining direct access to or direct contact with DFPS clients, participants, or resources.
  • The history is not an absolute bar (as defined in 2520 Absolute Bar).

To assess the risk for providing services to populations served by DFPS and obtaining direct access to or direct contact with DFPS clients, participants, or resources, Background Checks staff review the case documentation and consider such factors as the following:

  • The length of time since the reportable conduct occurred.
  • The severity of the reportable conduct.
  • Whether there is a pattern of any type of reportable conduct.
  • The role that the contractor or contractor’s staff played in the case.
  • The current or prospective position and responsibilities of the subject.
  • The contractor’s history of compliance with DFPS policies.
  • Whether any additional factors mitigate the risk to DFPS clients, participants, or resources.

Background Checks management must approve the risk assessment before the subject may provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources.

Based on the results of the assessment, Background Checks staff notify the requestor, who might also be the DFPS contract manager, that the subject is either of the following:

  • Eligible to provide services to populations served by DFPS or to obtain direct access to or have direct contact with DFPS clients, participants, or resources. See 2510 Eligible.
  • Ineligible to provide services to populations served by DFPS or not able to obtain direct access to or have direct contact with DFPS clients, participants, or resources. See 2520 Absolute Bar.

Reportable conduct history may not be shared with any external entities, including contractors.

2440 Out-of-State Abuse and Neglect History Check

Background Checks June 2026

If DFPS has good cause to request a check for abuse and neglect history from another state, and the requestor or subject refuses to provide the information needed to facilitate the check, DFPS can determine the subject is ineligible to provide services to populations served by DFPS and to obtain direct access to or direct contact with DFPS clients, participants, or resources. See 2520 Absolute Bar.

Ineligibility imposed because of a refusal to provide information may be reversed if both of the following occur:

  • DFPS receives the requested information.
  • A risk assessment determines that the subject’s history does not justify ineligibility under this background check policy.

After processing a background check, the final determination is sent to one of the following, based on the type of notification:

  • The background check requestor.
  • The email address listed for the account in ABCS.

2500 Making a Determination

Background Checks June 2026

Background Checks staff determine whether a subject may or may not provide services to populations served by DFPS or obtain direct access to or direct contact with DFPS clients, participants, or resources. This determination does not prohibit the subject from remaining employed or volunteering with the contractor. The decision to hire, terminate employment, or remove a volunteer is made at the discretion of the requestor. However, the requestor ensures that staff who are determined ineligible by Background Checks do not provide any services to populations served by DFPS or have direct access to or direct contact with DFPS clients, participants, or resources.

The presence of documented extenuating circumstances approved by DFPS is the only situation in which subjects may provide services to populations served by DFPS or have direct access to or direct contact with DFPS clients, participants, or resources before the initial background check has been determined eligible by Background Checks.

For information on conducting reviews of background check determinations, see 1420 Review Background Check Decisions.

2510 Eligible

Background Checks June 2026

A subject is determined eligible to provide services to populations served by DFPS and obtain direct access to and direct contact with DFPS clients, participants, or resources, if the subject meets all of the following requirements:

2520 Absolute Bar

Background Checks June 2026

A subject is deemed ineligible to provide services to populations served by DFPS and to obtain direct access to or direct contact with DFPS clients, participants, or resources if any of the following apply:

If DFPS contract staff are notified that the subject is ineligible, and the ineligibility prevents DFPS from executing a contract or grant, the contract manager does all of the following:

  • Notifies the requestor of the denial.
  • Notifies procurement staff of the decision to deny.
  • Refers any inquiries to Background Checks.

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