Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes

CPS October 2021

This chart is part of Appendix 4525: Offenses from the Texas Penal Code and Other Codes.

For more information on how criminal history affects unverified kinship placements, see:

6612 Conducting Background Checks

6624 Obtaining CPS Approval of the Home Assessment and Placement of a Child in a Kinship Home

An asterisk (*) indicates that the bar is based on federal requirements in 42 USC 671(a)(20)(A).

This chart consists of the following sections:

Texas Penal Code

Texas Education Code

Texas Family Code

Texas Health and Safety Code

Texas Human Resources Code

Texas Alcoholic Beverage Code

Other

Texas Penal Code
Offense	Texas Penal Code	Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?
Criminal Solicitation of a Minor (misdemeanor or felony)	15.031	Absolute Bar unless Regional Director (RD) exception granted following a Kinship Safety Evaluation (KSE)	Requires Kinship Safety Evaluation and Program Director (PD) approval	Absolute Bar*	Risk Evaluation	Felony: N/A Misdemeanor: No
Murder (felony)	19.02	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Capital Murder (felony)	19.03	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Manslaughter (felony)	19.04	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Criminally Negligent Homicide (felony)	19.05	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Unlawful Restraint (misdemeanor or felony)	20.02	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Kidnapping (felony)	20.03	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Aggravated Kidnapping (felony)	20.04	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Smuggling of Persons (felony)	20.05	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Trafficking of Persons (felony)	20A.02	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Continuous Trafficking of Persons (felony)	20A.03	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Continuous Sexual Abuse of Young Child or Disabled Individual (felony)	21.02	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Public Lewdness (Class A misdemeanor)	21.07	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Indecent Exposure (misdemeanor)	21.08	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Indecency with a Child (felony)	21.11	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Improper Relationship Between Educator and Student (felony)	21.12	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Improper Photography or Visual Recording (felony)	21.15	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Assault (misdemeanor or felony)	22.01	5-year bar unless RD exception granted following a KSE; KSE and PD approval required after 5 years	Requires Kinship Safety Evaluation and PD approval	5-year bar*, Risk Evaluation Thereafter	Risk Evaluation	No
Sexual Assault (felony)	22.011	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Aggravated Assault (felony)	22.02	5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years	N/A	5-year bar*, Risk Evaluation Thereafter	N/A	No
Aggravated Sexual Assault (felony)	22.021	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Injury to a Child, Elderly Individual or Disabled Individual (felony)	22.04	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Abandoning or Endangering Child (felony)	22.041	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Deadly Conduct (misdemeanor or felony)	22.05	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Terroristic Threat (misdemeanor or felony)	22.07	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Aiding Suicide (misdemeanor or felony)	22.08	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Tampering with a Consumer Product (felony)	22.09	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Leaving a Child in a Vehicle (misdemeanor)	22.10	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Harassment by Persons in Certain Correctional Facilities; Harassment of a Public Servant (felony)	22.11	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Bigamy (felony)	25.01	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Prohibited Sexual Conduct (felony)	25.02	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Interference with Child Custody (felony)	25.03	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Agreement to Abduct from Custody (felony)	25.031	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Enticing a Child (misdemeanor or felony)	25.04	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Criminal Nonsupport (felony)	25.05	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Harboring Runaway Child (misdemeanor)	25.06	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Violations of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, or Stalking Case (misdemeanor or felony)	25.07	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	Requires Kinship Safety Evaluation and PD approval	Absolute Bar*	Risk Evaluation	Felony: N/A Misdemeanor: No
Violation of Protective Order Preventing Offense Caused by Bias or Prejudice (misdemeanor or felony)	25.071	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Repeated Violation of Court Order or Condition of Bond in Family Violence case (felony or misdemeanor)	25.072	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	Requires Kinship Safety Evaluation and PD approval	Absolute Bar*	Risk Evaluation	No
Sale or Purchase of Child (felony)	25.08	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Advertising for Placement of Child (misdemeanor or felony)	25.09	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Interference with Rights of a Guardian of the person (felony)	25.10	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Continuous Violence Against the Family (felony)	25.11	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Arson (felony)	28.02	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Robbery (felony)	29.02	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Aggravated Robbery (felony)	29.03	5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years	N/A	5-year bar*, Risk Evaluation Thereafter	N/A	No
Burglary (felony)	30.02	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Theft (felony or misdemeanor)	31.03 31.04 31.05 31.12 31.16	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Forgery (felony or misdemeanor)	32.21	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Credit Card or Debit Card Abuse (felony)	32.31	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
False Statement to Obtain Property or Credit or in the Provision of Certain Services (felony or misdemeanor)	32.32	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Hindering Secured Creditors (felony or misdemeanor)	32.33	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Misapplication of Fiduciary Property or Property of Financial Institution (felony or misdemeanor)	32.45	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Securing Execution of a Document by Deception (felony or misdemeanor)	33.46	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Breach of Computer Security (felony or misdemeanor)	33.02	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Online Solicitation of a Minor (felony)	33.021	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Telecommunications Crimes (felony or misdemeanor)	33A.02 33A.03 33A.04 33A.05	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Money Laundering (felony)	34.02	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Insurance Fraud (felony or misdemeanor)	35.02	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Medicaid Fraud (felony or misdemeanor)	35A.02	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Bribery (felony)	36.02	Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Coercion of Public Servant or Voter (felony or misdemeanor)	36.03	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Yes
Improper Influence (misdemeanor)	36.04	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Tampering with Witness (felony)	36.05	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	Felony: No Misdemeanor: N/A
Obstruction or Retaliation (felony)	36.06	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Acceptance of Honorarium (misdemeanor)	36.07	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Gift to Public Servant by Person Subject to His Jurisdiction (misdemeanor)	36.08	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Offering Gift to Public Servant (misdemeanor)	36.09	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Perjury (misdemeanor)	37.02	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Aggravated Perjury (felony)	37.03	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Tampering with or Fabricating Physical Evidence (felony or misdemeanor)	37.09	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Tampering with Governmental Record (felony or misdemeanor)	37.10	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval if Class A conviction in the last 10 years; otherwise no action needed	Risk Evaluation	For Class A: Risk Evaluation if conviction was in the last 10 years For Class B or C: No Action Required	Yes
Fraudulent Filing of Financing Statement (felony or misdemeanor)	37.101	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Yes
Impersonating a Public Servant (felony)	37.11	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Record of a Fraudulent Court (felony or misdemeanor)	37.13	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Yes
False Statement Regarding Child Custody Determination Made in Foreign Country (felony)	37.14	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Failure to Identify (misdemeanor)	38.02	N/A	Requires Kinship Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed	N/A	For Class A: Risk Evaluation if conviction was in the last 10 years For Class B or C: No Action Required	Yes
Resisting Arrest, Search, or Transportation (felony or misdemeanor)	38.03	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval if the conviction was in the last 10 years	Risk Evaluation	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Evading Arrest or Detention (felony or misdemeanor)	38.04	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Hindering Apprehension or Prosecution (felony or misdemeanor)	38.05	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Yes
Escape (felony or misdemeanor)	38.06	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Permitting or Facilitating Escape (felony or misdemeanor)	38.07	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Implements for Escape (felony)	38.09	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Bail Jumping and Failure to Appear (felony and misdemeanor)	38.10	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Prohibited Substances and Items in Correctional Facility (felony)	38.11	Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	No
Improper Contact with Victim (felony and misdemeanor)	38.111	Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Violation of Protective Order Issued on Basis of Sexual Assault or Abuse, Stalking, or Trafficking (misdemeanor)	38.112	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site (felony)	38.113	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Barratry and Solicitation of Professional Employment (felony or misdemeanor)	38.12	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	No
Falsely Holding Oneself Out as a Lawyer (felony)	38.122	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	N/A	Yes
Unauthorized Practice of Law (felony or misdemeanor)	38.123	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Yes
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer (felony)	38.14	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Interference with Police Service Animals (felony or misdemeanor)	38.151	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed	Risk Evaluation	For Class A: Risk Evaluation if conviction was in the last 10 years For Class B or C: No Action Required	Felony: No Misdemeanor: Yes
Interference with Radio Frequency Licensed to Government Entity (felony or misdemeanor)	38.152	Requires Kinship Safety Evaluation and PD approval if conviction in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Failure to Stop or Report Aggravated Sexual Assault of a Child (misdemeanor)	38.17	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Failure to Report Felony (misdemeanor)	38.171	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Abuse of Official Capacity (felony or misdemeanor)	39.02	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Official Oppression (felony or misdemeanor)	39.03	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	No
Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody (misdemeanor or felony)	39.04	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	No
Failure to Report Death of Prisoner (misdemeanor)	39.05	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Misuse of Official Information (felony or misdemeanor)	39.06	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Stalking (felony)	42.072	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Abuse of Corpse (misdemeanor)	42.08	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	No
Cruelty to Livestock Animals (misdemeanor or felony)	42.09	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	No
Attack on Assistance Animal (misdemeanor or felony)	42.091	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	No
Cruelty to Non-Livestock Animals (misdemeanor or felony)	42.092	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	No
Dog Fighting (misdemeanor or felony)	42.10	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	No
Cockfighting (felony or misdemeanor)	42.105	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	Risk Evaluation if conviction was in the last 10 years	No
Prostitution (misdemeanor or felony)	43.02	5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years	Requires Kinship Safety Evaluation and PD approval	5-Year Bar*, Risk Evaluation Thereafter	Risk Evaluation	No
Promotion of Prostitution (misdemeanor or felony)	43.03	5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years	Requires Kinship Safety Evaluation and PD approval	5-Year Bar*, Risk Evaluation Thereafter	Risk Evaluation	No
Aggravated Promotion of Prostitution (felony)	43.04	5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years	N/A	5-year bar*, Risk Evaluation Thereafter	N/A	No
Compelling Prostitution (felony)	43.05	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Obscene Display or Distribution (misdemeanor)	43.22	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Obscenity (misdemeanor or felony)	43.23	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	Requires Kinship Safety Evaluation and PD approval	Absolute Bar*	Risk Evaluation	Felony: N/A Misdemeanor: No
Sale, Distribution or Display of Harmful Material to a Minor (misdemeanor or felony)	43.24	Requires Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Sexual Performance by a Child (felony)	43.25	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Employment Harmful to Children (felony)	43.251	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Possession or Promotion of Child Pornography (felony)	43.26	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	N/A	Absolute Bar*	N/A	N/A
Electronic Transmission of Certain Visual Material Depicting Minor (misdemeanor)	43.261	N/A	Requires Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Making a Firearm Accessible to a Child (misdemeanor)	46.13	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Public Intoxication (misdemeanor)	49.02	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Possession of Alcoholic Beverage in Motor Vehicle (misdemeanor)	49.031	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Driving While Intoxicated (misdemeanor or felony)	49.04	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Driving While Intoxicated with Child Passenger (felony)	49.045	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Flying While Intoxicated (misdemeanor or felony)	49.05	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Yes
Boating While Intoxicated (misdemeanor or felony)	49.06	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-Year Bar*; Risk Evaluation between 5 & 10 Years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Assembling or Operating Amusement Ride While Intoxicated (misdemeanor or felony)	49.065	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-Year Bar*; Risk Evaluation between 5 & 10 Years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Intoxication Assault (felony)	49.07	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Intoxication Manslaughter (felony)	49.08	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Engaging in Organized Criminal Activity (felony)	71.02	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Violation of Court Order Enjoining Organized Criminal Activity (misdemeanor)	71.021	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang (felony)	71.022	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Directing Activities of Certain Criminal Street Gangs (felony)	71.023	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No

Texas Education Code
Offense	Texas Education Code	Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?
Personal Hazing Offense (felony or misdemeanor)	37.152	Requires a Kinship Safety Evaluation and PD approval	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	Risk Evaluation	Risk Evaluation if conviction was in the last 10 years	No

Texas Family Code
Offense	Texas Family Code	Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?
Disclosing confidential information obtained from DFPS social study (misdemeanor)	107.05145(d)	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Modification of order on conviction for Child Abuse (misdemeanor)	156.104(b)	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Modification of order on conviction for Family Violence (misdemeanor)	156.1045(b)	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Placement by Unauthorized Person (misdemeanor)	162.025	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
General Penalty: Violating the Interstate Compact on the Placement of children (misdemeanor)	162.107	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Prohibited Acts: Criminal Penalties (felony or misdemeanor)	162.421	Requires a Kinship Safety Evaluation and PD approval	Requires a Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	No
Making a False Report of Abuse or Neglect (felony)	261.107	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	N/A	No
Failure to Report; Penalty (felony or misdemeanor)	261.109	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation (KSE)	Requires a Kinship Safety Evaluation and PD approval	Absolute Bar*	Risk Evaluation	No
Conduct of Investigation (misdemeanor)	261.302(f)	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Interference with Investigation; Criminal Penalty (misdemeanor)	261.3032	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Removal of Alleged Perpetrator; Offense (felony or misdemeanor)	262.1015(g)-(h)	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation (KSE)	Requires a Kinship Safety Evaluation and PD approval	Absolute Bar*	Risk Evaluation	No

Texas Health and Safety Code
Offense	Texas Health and Safety Code	Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?
Evading or Resisting Apprehension or Transport by Person Subject to Custody or Temporary Detention (misdemeanor)	81.212	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Reports of Abuse and Neglect or of Illegal, Unprofessional or Unethical Conduct (misdemeanor)	161.132	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Failure to Report: Criminal Penalty (misdemeanor)	260A.012	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Bad Faith, Malicious or Reckless Reporting: Criminal Penalty (misdemeanor)	260A.013	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	Yes
Criminal Penalty (misdemeanor)	464.016	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Manufacture or Delivery of Substance in Penalty Group 1 (felony)	481.112	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Manufacture of Delivery of Substance in Penalty Group 1-A (felony)	481.1121	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (felony)	481.113	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Manufacture or Delivery of Substance in Penalty Group 3 or 4 (felony)	481.114	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Possession of Substance in Penalty Group 1 (felony)	481.115	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Possession of Substance in Penalty Group 1-A (felony)	481.1151	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Possession of Substance in Penalty Group 2 (felony)	481.116	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Possession of Substance in Penalty Group 2-A (felony or misdemeanor	481.1161	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Possession of Substance in Penalty Group 3 (felony or misdemeanor)	481.117	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Possession of Substance in Penalty Group 4 (felony or misdemeanor)	481.118	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Manufacture, Delivery, or Possession of Miscellaneous Substances (misdemeanor)	481.119	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Delivery of Marijuana (misdemeanor or felony)	481.120	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Possession of Marijuana (misdemeanor or felony)	481.121	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Delivery of Controlled Substance or Marijuana to a Child (felony)	481.122	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substances (misdemeanor or felony)	481.124	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment (felony)	481.1245	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Possession or Delivery of Drug Paraphernalia (misdemeanor or felony)	481.125	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Illegal Barter, Expenditure or Investment (felony)	481.126	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Unauthorized Disclosure of Information (felony)	481.127	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Commercial Matters (felony)	481.128	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Diversion of Controlled Substance by Restraints, Dispensers, and Certain Other Persons (felony)	481.1285	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Fraud (misdemeanor or felony)	481.129	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-year Bar*, Risk Evaluation between 5 & 10 years	Risk Evaluation if conviction was in the last 10 years	Felony: No Misdemeanor: Yes
Diversion of Controlled Substance Property or Plant (felony)	481.131	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Falsification of Drug Test Results (misdemeanor)	481.133	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes
Unlawful Transfer or Receipt of Chemical Precursor (felony)	481.136	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Transfer of Precursor Substance for Unlawful Manufacture (felony)	481.137	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (felony)	481.138	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture (felony)	481.139	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-year Bar*, Risk Evaluation between 5 & 10 years	N/A	No
Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty (felony)	482.002	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-Year Bar*; Risk Evaluation between 5 & 10 Years	N/A	No
Possession of Dangerous Drug (misdemeanor)	483.041	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	No
Delivery or Offer of Delivery of Dangerous Drug (felony)	483.042	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-Year Bar*; Risk Evaluation between 5 & 10 Years	N/A	No
Manufacture of Dangerous Drug (felony)	483.043	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	N/A	5-Year Bar*; Risk Evaluation between 5 & 10 Years	N/A	No
Forging or Altering Prescription (misdemeanor)	483.045	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	No
Possession and Use (misdemeanor)	485.031	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	No
Delivery to a Minor (felony or misdemeanor)	485.032	5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	5-Year Bar*; Risk Evaluation between 5 & 10 Years	Risk Evaluation if conviction was in the last 10 years	No
Inhalant Paraphernalia (misdemeanor)	485.033	N/A	Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	No
Hampering, Obstructing, Tampering with or Destroying Electronic Monitoring Device, Tape or Recording from Resident's Room at State Supported Living Center (misdemeanor)	555.162	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No

Texas Human Resources Code
Offense	Texas Human Resources Code	Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified	Effect on Kinship Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?
Confidentiality of Information (misdemeanor)	40.005(e)	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	Yes
False Report: Criminal Penalty (felony or misdemeanor)	42.0447	Requires a Kinship Safety Evaluation and PD approval	Requires a Kinship Safety Evaluation and PD approval	Risk Evaluation	Risk Evaluation	Yes
Required Background and Criminal History Checks: Criminal Penalties (misdemeanor)	42.056(i)-(k)	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	No
Administering Medication (misdemeanor)	42.065(g)-(h)	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	Yes
Criminal Penalties (misdemeanor)	42.076	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	Yes
Criminal Penalty for Operating Daycare Center without Qualified Director (misdemeanor)	42.0761	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	Yes
Penalty (misdemeanor)	43.012	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	Yes
Failure to Report; Penalty (felony or misdemeanor)	48.052	Absolute Bar unless RD exception granted following a Kinship Safety Evaluation	Requires a Kinship Safety Evaluation and PD approval	Absolute Bar*	Risk Evaluation	No
False Report; Penalty (misdemeanor)	48.053	N/A	Requires a Kinship Safety Evaluation and PD approval	N/A	Risk Evaluation	Yes

Texas Alcoholic Beverage Code
Offense	Texas Alcoholic Beverage Code	Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?
Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor (misdemeanor)	106.06	N/A	KSE and PD approval if conviction was in the last 10 years	N/A	Risk Evaluation if conviction was in the last 10 years	Yes

Any other title under the Texas Penal Code or any other Texas code not specifically mentioned above
Offense	Texas Penal Code or any other various Texas Codes	Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified)	Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified)	If This Person Is Eligible for a Risk Evaluation, May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation?
Varies – Any offense not specifically listed that DFPS determines is a financial crime	Varies	KSE and PD approval if conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	Yes
Varies	Varies	KSE and PD approval if offense conviction was in the last 10 years	No Action Needed	Risk Evaluation if conviction was in the last 10 years	No Action Needed	No

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Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes