Terminology

This page explains the terms commonly used by Child Care Licensing when conducting background check.

Texas Name-based Criminal History Check

A name-based criminal history check using the subject's identifiers (including name, gender and date of birth) that is requested through the Texas Department of Public Safety database of crimes committed in Texas. Results consist of Texas-based arrests and dispositions, including convictions and cases with unknown dispositions, and may contain juvenile criminal history.

Process

DPS performs a criminal history search and returns the results to CCL in the form of a:

  • Notice of the subject's clearance (or "no hit"), indicating there is no criminal record
  • Rap sheet containing the subject's Record of Arrest and Prosecution (also referred to as a "hit" or "match")

DPS Rap Back

Updates to the Texas criminal history information of subjects for whom CCL obtained fingerprint-based check results from the DPS database. If a subject has a fingerprint-based check for CCL purposes or policy, DPS automatically notifies CCL every time there is a subsequent arrest of the subject in the state of Texas.

Process

Referred to as "Rap back". If CCL previously submitted a subject's fingerprints to DPS for a background check and the subject has a new arrest in Texas, DPS:

  • Updates the Rap sheet with the subject's recent criminal activity and
  • Sends the updated results "back" to CCL

FBI Fingerprint Check

A fingerprint-based search of both the DPS database of crimes committed in Texas and the FBI database of crimes committed within the United States. Results consist of U.S.-based arrests and dispositions obtained from fingerprint submissions, disposition reports and other information submitted by agencies having criminal justice responsibilities.

Process

A subject's fingerprint submission may result in rejection. If so, the process outlined below provides instructions and timeframes to complete each step:

  • If the first set of fingerprints results in rejection, the subject must submit a second set of fingerprints within one year of the date first fingerprinted.
  • If the second set of fingerprints results in rejection, an FBI Name Check (see details below) must be submitted within 90 days of the last rejection date.

FBI Name Check

A name-based search of the FBI database of crimes committed within the United States. Results consist of U.S.-based arrests and dispositions obtained from fingerprint submissions, disposition reports and other information submitted by agencies having criminal justice responsibilities.

Note: This type of check is only available after the subject's fingerprint submissions have resulted in rejection twice. The FBI Name Check request must be submitted within 90 days of the last rejection date.

Central Registry Check

A name-based search in IMPACT of the Texas Department of Family and Protective Services Central Registry of reported child abuse and neglect investigation records in Texas. As required by the Texas Family Code 261.002, DFPS maintains a Central Registry of reported cases of child abuse and neglect. The Central Registry consists only of information gathered during Child Protective Services, Child Care Licensing, and Adult Protective Services facility investigations of child abuse and neglect in cases which were given a disposition of "reason to believe", and the person had a role of designated perpetrator or sustained perpetrator. (While APS facility cases involving child victims are included in the Central Registry, APS facility cases involving adult victims are not included in the Central Registry).

Process

A function in IMPACT processes a Central Registry Check and provides a report that contains the results. The report identifies one of the following outcomes with respect to the subject of the check, indicating the person:

  • Is not listed in the Central Registry (or is cleared).
  • Is listed as an alleged perpetrator in an open child abuse or neglect investigation being conducted by DFPS. The results include the name of the program conducting the investigation and the case ID.
  • Is listed as a designated perpetrator of child abuse or neglect in a case. The results include the name of the program conducting the investigation and the case ID.
  • Is listed as a sustained perpetrator of child abuse or neglect in a case. The results include the name of the program conducting the investigation and the case ID.

Out-of-State Abuse and Neglect History Check

This is a name-based search of another state' or territory's records of reported child abuse and neglect cases that identifies whether a background check subject has been found to have abused or neglected a child. The parameters of the search and the investigation standards of each state may vary, along with the terminology used.

Out-of-State Criminal History Check

This is a name-based or fingerprint-based search of another state's or territory's database of arrests for alleged crimes committed in the other state or territory and dispositions. The parameters of the search may vary.

Out-of-State Sex Offender Registry Check

This is a name-based search of another state's or territory's sex offender registry. The parameters of the search may vary.