Risk Evaluations

Risk Evaluations (Subject of the background check)

Once I gather all the information needed for the risk evaluation, where do I send the information?

Send collected information in its entirety to the CBCU representative that send you the background check results. The CBCU representative’s name and contact information is provided at the end of the results letter. If you no longer have the letter, please send your information to CBCUBackgroundCheck@hhsc.state.tx.us

When do I have to submit my risk evaluation packet?

You must submit the risk evaluation request packet by the due date indicated in your background check results letter.

How will I know what the risk evaluation decision is?

Once a final decision is made on the risk evaluation, you will receive a letter. The letter will state if you can or cannot be present at the child care operation.

What do I have to include with my risk evaluation packet?

If you are completing a risk evaluation for criminal history your packet needs to include:

  1. At least three reference letters from people who are not related to you (such as professionals or employers) and who have knowledge about your character and, if applicable, your ability to work with children. Letters must include the date the letter was written and the referring person’s name and contact information. Each letter must be signed by the referring person unless the referring person sends the letter by email.
  2. An official copy of the most current court record.
  3. For all crimes found in the following chapters of the Texas Penal Code, include a copy of the police report that explains the circumstances of the arrest.
    • Title 5: Chapters 19-22, Offenses Against the Person
    • Title 9: Chapter 43, Offenses Against Public Order and Decency
  4. If you were incarcerated, include:
    • a copy of local, state, or federal release order;
    • the date that you were released from incarceration; and
    • the terms and conditions of parole and current compliance with parole terms, if applicable.
  5. If you were given a probated sentence, information related to the terms and conditions of probation or community supervision, including documentation regarding whether you successfully completed those terms. If you are presently on probation or community supervision, a statement from your community supervision officer regarding the status of your probation.
  6. If you were given deferred adjudication probation and have not completed the deferral period, documentation from the community supervision officer regarding:
    • when the probation will be completed; and
    • your current compliance with the probationary terms.
  7. Evidence of rehabilitative effort. If you have attended any classes, treatment, or support groups (either mandatory or voluntarily), provide copies of certificates indicating completion.

If you are completing a risk evaluation for a central registry history your packet needs to include:

  1. At least three reference letters from people who are not related to you (such as professionals or employers) and who have knowledge about your character and, if applicable, your ability to work with children. Letters must include the date the letter was written and the referring person’s name and contact information. Each letter must be signed by the referring person unless the referring person sends the letter by email.
  2. Evidence that the factors which impact the risk of future abuse or neglect have changed. If you have attended any classes, treatment, or support groups (either mandatory or voluntarily), provide copies of certificates indicating completion.

This checklist is included on Form 2974 Request for Risk Evaluation Based on Past Criminal History or Central Registry Finding. If there are further questions, you can reach out to the CBCU representative that sent the results letter offering the risk evaluation.

What is an optional risk evaluation?

An optional risk evaluation is an opportunity to complete an assessment before your criminal history has a final disposition or before your central registry history has been reviewed by the State Office of Administrative Hearings. Optional risk evaluations are offered when a person is in a provisional determination. Conditions placed due to the provisional determination may be removed or modified if a person completes an optional risk evaluation.

What happens if I don’t turn in my risk evaluation packet by the 30th day?

Your background check will be closed due to failing to meet the required timeframe. Without a completed background check, the child care operation will not be able to allow you to be present at the operation.

Risk Evaluations (Child Care Operation)

What is my role in the Risk Evaluation process?

As of January 13, 2019, the risk evaluation process will be completed by the subject of the background check. Your operation will no longer be notified when a person is required to complete a risk evaluation. You will be notified of any changes to a person’s eligibility status as a result of a completed risk evaluation or new background check results.

Child Placing Agencies working with foster families will have to complete the Affidavit for Risk Evaluation by Child Placing Agency (Form 2405) for the risk evaluation process for individuals requiring a risk evaluation that are foster/adoptive parent roles or household members to the foster/adoptive home.

How do l know if a risk evaluation is complete?

You will receive an eligibility determination stating if the person is eligible, conditionally eligible, or ineligible. Keep current with eligibility notices that are sent.

How long does the risk evaluation process take?

The process can take up to 45 days from the date the background check was requested to complete. The subject of the background check has 30 days to submit a risk evaluation packet to CBCU, and CBCU has the remaining time to complete the risk evaluation decision.