7000 Background Checks for DFPS Volunteers and Interns
Background Checks May 2023
The DFPS Background Checks program completes background checks on DFPS volunteers and interns.
A background check has two parts, as follows:
If a background check reveals any criminal or DFPS history for a person, the Background Checks staff considers the history to determine whether the potential volunteer or intern would put DFPS clients or DFPS resources at risk. See 7430 Risk Assessment for the criteria for assessing risk.
The Background Checks staff also does an FBI fingerprint check in certain circumstances. See 7200 FBI Fingerprint Check.
A person who has cleared a background check under another DFPS Background Checks policy is also required to clear a background check under this policy, before being allowed to volunteer or intern with DFPS.
7100 Defining Staff Responsibilities
Background Checks May 2023
All staff members whose work involves background checks are responsible for doing the following:
- Understanding this policy.
- Maintaining open communication about issues that relate to background checks.
The following DFPS staff members share responsibilities for background checks that DFPS conducts under this policy (7000 Background Checks for DFPS Volunteers and Interns and its subitems):
- Background Checks staff
- Faith-Based and Community Engagement (FBCE) Division staff
7110 Background Checks Staff
Background Checks May 2023
Background Checks staff is responsible for doing the following:
- Completing background checks accurately and in a timely manner.
- Notifying the appropriate community engagement specialist and FBCE staff members about the results of the background checks, according to this policy.
7120 Faith-Based Community Engagement Staff
Background Checks May 2023
Faith-Based and Community Engagement Handbook (FBCE) staff members are responsible for making sure that all the following occur before a person is allowed to volunteer or intern with DFPS:
- Potential volunteers and interns comply with 7000 Background Check Procedures in the FBCE Handbook.
- FBCE staff members submit background checks according to the requirements of this background check policy.
- FBCE staff members request FBI criminal history checks, when applicable. See 7200 FBI Fingerprint Checks.
- The appropriate FBCE staff member receives notification that all required background checks are cleared before allowing the person to volunteer or intern for DFPS.
In addition, community engagement specialists and FBCE staff members are responsible for making sure that the following occur, when applicable:
- FBCE staff members remove a person’s access to DFPS clients and resources when the person no longer volunteers or interns with DFPS.
- FBCE staff members submit renewal background checks in a timely manner for all volunteers and interns.
7200 FBI Fingerprint Checks
Background Checks May 2023
In addition to a Texas name-based criminal history check, an FBI fingerprint check is required for any DFPS volunteer or intern who, at the time of his or her background check request, meets any of the following criteria:
- Currently lives outside Texas.
- Has lived outside Texas in the past two years.
- Will be able to view or access FBI criminal justice information (CJI) in any format, including printed, electronic, or verbal.
7300 Background Check Renewals
Background Checks May 2023
Request for Renewal Background Check
A person who has a background check under this policy must have a new background check every year.
The person can continue volunteering or interning with DFPS, while the Background Checks staff is processing the results, if the FBCE staff member has requested the renewal background check in a timely manner.
The Background Checks staff processes the renewal background check according to this policy.
Results of Renewal Background Check
The Background Checks staff notifies the FBCE staff member about the results of the renewal background check.
If these results reveal anything that would bar the person from volunteering or interning (either criminal or DFPS history, as described in 7420 Absolute Bars), the FBCE staff member does as follows:
- Makes sure the person is no longer allowed to volunteer or intern with DFPS.
- Removes any access the person has to DFPS clients and resources.
See 7400 Background Check Determinations.
7400 Background Check Determinations
Background Checks May 2023
Background Checks staff determine whether to clear or bar an individual based on the person’s background check results.
The initial determination is based on:
- Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff
- Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members
The charts indicate:
- Criminal convictions that are absolute bars for volunteering or interning for DFPS.
- DFPS history of abuse, neglect, or exploitation that are absolute bars for volunteering or interning for DFPS.
Background Checks staff do not disclose criminal history or DFPS history of abuse, neglect, or exploitation found on volunteer or interns to anyone outside of DFPS.
7410 Cleared
Background Checks May 2023
The Background Checks staff notifies the FBCE staff member that the person is cleared to volunteer or intern with DFPS if the person meets all the following criteria:
- Has not been convicted for an offense listed on Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff.
- Is not required to register as a Sex Offender. See 7421 Sex Offender Registration.
- Does not have any DFPS history listed as a bar on Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members.
- The person has criminal or DFPS history that was reviewed by DFPS staff and determined that the history does not present a risk to DFPS clients or resources.
7420 Absolute Bars
Background Checks May 2023
The Background Checks staff notifies the FBCE staff member that the person is barred from being a volunteer or intern with DFPS if the person has any of the following:
- A criminal conviction that is an absolute bar (see Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff).
- A criminal offense, if both of the following apply:
- The final disposition is not available at the time of the background check.
- A conviction for the offense is an absolute bar (see Appendix 3: Criminal History Bars for DFPS Volunteers, Interns, and Non-DFPS Staff).
- A requirement to register as a sex offender (see 7421 Sex Offender Registration.
- A history of abuse, neglect, or exploitation that is an absolute bar (see Appendix 1: Abuse, Neglect, and Exploitation History Bars for DFPS Employees, Prospective Employees, Volunteers, and Interns, Non-DFPS Staff, and CASA Employees, Volunteers, and Board Members).
The person has criminal or DFPS history that was reviewed by DFPS staff and determined that the history presents a risk to DFPS clients or resources.
7421 Sex Offender Registration
Background Checks May 2023
The Background Checks staff receives information about sex offender registration as part of a criminal history background check.
A person who is currently required to register as a sex offender in Texas or any other state is barred from volunteering or interning with DFPS.
7430 Risk Assessment
Background Checks May 2023
The Background Checks staff does a risk assessment before making a decision to clear or bar the person, under the following circumstances:
- The person has criminal, abuse, neglect, or exploitation history that requires reviews.
- The person has a pattern of criminal history that might put DFPS clients or resources at risk.
Background Checks staff also conduct a risk assessment on juvenile criminal history obtained from DPS or the FBI. If Background Checks staff assesses that there is risk of immediate harm if access is allowed, Background Checks staff consults with the DFPS Office of General Counsel (Legal Division) to make a final determination.
The person may not volunteer or intern with DFPS until both of the following occur:
- The risk assessment is complete.
- The Background Checks staff clears the person.
7440 Bar for Incomplete Background Checks
Background Checks May 2023
A background check is considered incomplete for any of the following reasons:
- There is not enough information to determine whether the criminal history belongs to the person, and the Background Checks staff determines that the person would put DFPS clients or resources at risk based on the possible criminal history.
- The person does not communicate with the community engagement specialist or FBCE staff member within 10 calendar days.
- The Background Checks staff is not able to obtain all required information to complete the background check within 30 calendar days of the request date.
If a background check is not successfully completed, it is closed and recorded as a bar for failure to comply, and the person may not volunteer or intern with DFPS.
The FBCE staff member may contact the Background Checks staff to request an extension of the 30-day deadline, if the person provides proof that he or she has taken reasonable steps to meet all requirements.
The FBCE staff member submits a new background check request through the Automated Background Check System (ABCS), if all the following apply:
- The Background Checks staff closed a background check and barred the person under the circumstances described in this section.
- The person still wishes to volunteer or intern with DFPS.
- Information is available to resolve the incomplete or inconclusive criminal history.