Texas § FA.264.754 - ASSESSMENT OF PROPOSED PLACEMENT

§ FA.264.754. ASSESSMENT OF PROPOSED PLACEMENT

ASSESSMENT OF PROPOSED PLACEMENT. (a) In this section, "low-risk criminal offense" means a nonviolent criminal offense, including a fraud-based offense, the department determines has a low risk of impacting: (1) a child's safety or well-being; or (2) the stability of a child's placement with a relative or other designated caregiver. (b) Before placing a child with a proposed relative or other designated caregiver, the department must conduct an assessment to determine whether the proposed placement is in the child's best interest. (c) If the department disqualifies a person from serving as a relative or other designated caregiver for a child on the basis that the person has been convicted of a low-risk criminal offense, the person may appeal the disqualification in accordance with the procedure developed under Subsection (d). (d) The department shall develop: (1) a list of criminal offenses the department determines are low-risk criminal offenses; and (2) a procedure for appropriate regional administration of the department to review a decision to disqualify a person from serving as a relative or other designated caregiver that includes the consideration of: (A) when the person's conviction occurred; (B) whether the person has multiple convictions for low-risk criminal offenses; and (C) the likelihood that the person will commit fraudulent activity in the future. (e) The department shall: (1) publish the list of low-risk criminal offenses and information regarding the review procedure developed under Subsection (d) on the department's Internet website; and (2) provide prospective relative and other designated caregivers information regarding the review procedure developed under Subsection (d). Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6 ), Sec. 1.62((a)), eff. September 1, 2005. Amended by: Acts 2017, 85th Leg., R.S., Ch. 587 (S.B. 879 ), Sec. 1, eff. September 1, 2017.