Appendix 2: Purchased Client Services Background Check Exemption Chart
Background Checks September 2023
The following contract types are exempt from the DFPS PCS Background Check Policy, except as otherwise noted below.
| Program Area |
Subject |
Description |
Are there variables or other policies to consider regarding background checks? |
|---|---|---|---|
All |
Interagency Contracts (IACS) |
Contracts with other state agencies for various purposes, including research projects. |
Yes. If the contractor staff under the IAC do not have access to clients, but do have access to the DFPS network or any DFPS application, background checks are required through 3000 Background Checks for Non-DFPS Staff. If the contractor staff are not required to conduct checks under the above referenced policy, then the regional director or designee of the relevant DFPS program area must complete an evaluation to determine if background checks are to be conducted through the PCS Background Check Policy. The evaluation should focus on the protection of clients and their information. |
APS |
Nursing Home Care |
Temporary emergency nursing home care for APS clients. The care is provided in Health and Human Services (HHS) facilities, and the contract is only needed until either Medicaid or private pay resources take over. |
No |
APS |
Personal Care Assistance |
Temporary attendant care in the client’s home to assist the client in daily living activities. Only HHS contracted agencies are used, and the contract is only needed until the client is accepted for services by HHS. |
No |
| APS and CPS | Claims Processing | Contracted check wirting services for the purpose of processing payment to persons and entities (woh do not have an existing contract with DFPS) that delievered goods or services to eligivle clients. | No |
All |
Translator Services |
Provide language translation services to DFPS clients. These services are either billed under administrative contracts or sometimes under a Purchased Client Services Contract. |
No. |
CPS |
Community and Parent Groups |
Supportand education-based councils, associations, and organizations that develop and expand the activities of groups that promote services to abused and neglected children or their caregivers – agencies like the Council on Adoptable Children and Texas Foster Family Association. |
No. |
CPS |
Drug Testing |
Substance abuse testing for clients when or if the worker has reason to believe the client has a substance abuse problem, and the client denies the problem or refuses to participate in substance abuse assessment or treatment. |
No. |
CPS |
Out-of-State Contractors |
Examples include adoption services, placement services, child placing agencies (CPAs), and hospital sitters. |
Yes. It is the responsibility of the state office CPS director or the CPS regional director or his or her designee to complete an evaluation to determine if background checks are needed to protect clients and their information. If it is determined that the contractor has already conducted background checks on his or her staff in their home state, then PCS Background Check Policy additional background checks are not required. |
CPS |
Contractors for Child-Specific Contracts |
Contracts obtained by Non-competitive Procurement Waivers. Approved waiver types are:
|
Yes. The CPS Assistant Commissioner may approve the decision to require the completion of background checks through DFPS for particular types of child-specific contractors, such as Home and Community-Based Services (HCS) facilities or for an individual child specific contract. Direct action memos addressed to the CPS Assistant Commissioner may request to require background checks for specific contractors. Contractors have background checks completed by other operations, either required by the entity, the state, or license type. |
CPS - Administrative Contract |
Title IV-E (Legal) Funded Services |
A contract with a county government to reimburse the county for eligible Title IV-E legal expenses. |
No. |
CPS - Administrative Contract |
Title IV-E |
A contract with a county government to establish and maintain a child welfare board and reimburse that county for eligible Title IV-E expenditures for the child welfare board or foster children. |
Yes. If volunteers have regular access to clients, the Faith-Based and Community Engagement Handbook, 7000 Background Check Procedures, requires volunteers to have a background check. |
CPS and PEI |
Various client services |
A residential services contractor who also has additional client-services contracts. For example: a residential treatment facility that also contracts with DFPS to provide STAR services. |
Yes. Due to the additional financial and management responsibilities assigned to principals on the contract, persons identified as a principal on the contract must complete the PCS background check and will be held to the same standards as other PCS contractors. |
Residential Services |
Paid substitute care services to children in DFPS custody. |
These include residential treatment centers, child placing agencies, general residential operations, and others. |
Yes. Due to the additional financial and management responsibilities assigned to principals on the contract, persons identified as a principal on the contract must complete the PCS background checks and will be held to the same standards as other PCS contractors. For all other employees, subcontractors, and volunteers, these contractors must only complete background checks as required by Child Care Licensing under 26 Texas Administrative Code Chapter 745, Subchapter F. |
| Residential Services | Non-financial contracts for substitute care services to children in DFPS custody |
These include residential treatment centers, child placing agencies, and general residential operations that do not receive payment for services. |
Since these contractors do not receive funds for services, only the background checks, as required by Child Care Licensing under 26 Texas Administrative Code Chapter 745, Subchapter F, are required. |
Residential Services |
Supervised Independent Living (SIL) |
SIL provides independent living in an apartment, non-college dorm, college dorm, shared housing, and host home settings for young adults, ages 18-22, in Extended Foster Care. Young adults in these settings are provided minimal supervision and case management services, allowing them to practice necessary independent living skills and achieve self-sufficiency in a supportive environment. |
If the residential services provider is also contracted with DFPS to provide SIL services to young adults, background checks must be conducted on this contractor’s employees, subcontractors, and volunteers as outlined in 2220 24-Hour Residential Child Care Providers That HHS Child Care Licensing Regulates. If a college or university is the contracted provider, the provider is only required to conduct background checks for their employees, subcontractors, and volunteers who work directly under the SIL contract (for example, a case manager). A background check is not required for persons present at the campus the young adult may come into contact with such as professors, health services or counseling professionals. |