Day Care Operations

If the child-care operation has written permission from the parent(s) to release the child to the Big Brother or Big Sister and follow the standards for releasing the child, the child would be considered in the care of the Big Brother or Big Sister and not in the care of the child care operation. The Big Brother or Big Sister would not have to comply with the background check requirements that apply to licensed child care operations.

The child care operation is responsible for ensuring the Big Brother or Big Sister does not have unsupervised contact with the other children in care.

You can work with the child-care operations to complete the background check process or you may submit background checks through HHSC as a Background Check-Only Entity or an Exempt Operation. (See Human Resources Code Section 42.041(b) for details on Exempt Operations).

If you have questions regarding whether the services you provide to child-care operations are not subject to regulation or eligible for Exempt Operation status, contact your local Licensing office.

To submit background checks through the child-care operation:

• Submit a completed Form 2971 Request for Background Check directly to each child-care operation for which you provide classes or services. Form 2971 will need to be completed for each person you employ that will have access to children in care.
• The child-care operation will initiate the background check request electronically through the HHSC website.
• The CBCU will process the background check request and provide the results directly to the child-care operation.

To submit background checks as a Background Check-Only Entity or Exempt Operation:

• Complete a Request for Exemption form located on the Licensing Exemptions FAQs  page based on the type of exemption you are requesting, or contact your local Licensing office to request the correct form.
• Complete and return the Exemption Request form to your local Licensing office, along with supporting documentation that your program is not subject to regulation or exempt from regulation based on law, administrative rule, or both.
• Licensing will notify you in writing once they have reviewed and completed the exemption determination, and provide you with an operation number if your exemption request has been verified.
• Once you receive exemption verification and your assigned operation number from Licensing, you must create an online provider account in order to submit background checks electronically. Visit the Child Care Licensing Create a Child Care Licensing Account Page for instructions on how to set up an online provider account.
• For additional information on how to set up a Child Care Licensing Account, read Creating an Online Account for Background Checks-Only Entities (PDF).
• For additional information on how to submit a background check, read the Background Check Process Tip Sheet (PDF).

The CBCU will process the background check request and provide eligibility notices to your point of contact. For more information about background check processes, see CCL Background Checks FAQs-General Licensing.

Background Check-Only Entities must provide the eligibility notifications to all licensed child care operations where the employee will be present.

If the CBCU notifies the Background Check-Only Entity that an individual is ineligible based on a background check result, the individual cannot be present at a licensed child care operation. Upon receiving this notification, the Background Check-Only Entity must inactivate the person in their Child Care Licensing account.

You can send an email to cbcubackgroundchecks@dfps.state.tx.us.