Appendix 4525 Chart 1: Risk Evaluations in Parental Child Safety Placements 1

Chart 1: Assessing Criminal History Offenses and Convictions for PCSPs For more information on the effect on PCSPs, see 3210 Parental Child Safety Placement (PCSP).

Absolute Bars to Placement

Texas Penal Code

Texas Penal Effect on PCSP Placement (Conviction or Deferred Offense Code Adjudication) Criminal Solicitation of a Minor (felony) 15.031 Absolute Bar and child cannot be placed Murder (felony) 19.02 Absolute Bar and child cannot be placed Capital Murder (felony) 19.03 Absolute Bar and child cannot be placed Manslaughter (felony) 19.04 Absolute Bar and child cannot be placed Criminally Negligent Homicide (felony) 19.05 Absolute Bar and child cannot be placed Kidnapping (felony) 20.03 Absolute Bar and child cannot be placed Aggravated Kidnapping (felony) 20.04 Absolute Bar and child cannot be placed Trafficking of Persons (felony) 20A.02 Absolute Bar and child cannot be placed Continuous Trafficking of Persons (felony) 20A.03 Absolute Bar and child cannot be placed Continuous Sexual Abuse of a Young Child or 21.02 Absolute Bar and child cannot be placed Children (felony) Indecency with a Child (felony) 21.11 Absolute Bar and child cannot be placed Improper Relationship Between Educator and 21.12 Absolute Bar and child cannot be placed Student (felony) Sexual Assault (felony) 22.011 Absolute Bar and child cannot be placed Aggravated Sexual Assault (felony) 22.021 Absolute Bar and child cannot be placed Injury to a Child, Elderly Individual or Disabled 22.04 Absolute Bar and child cannot be placed Individual (felony) Abandoning or Endangering Child (felony) 22.041 Absolute Bar and child cannot be placed Enticing a Child (misdemeanor or felony) 25.04 Absolute Bar and child cannot be placed Violations of Certain Court Orders or Conditions of 25.07 Absolute Bar and child cannot be placed Bond in a Family Violence, Sexual Assault or Abuse, or Stalking Case (felony) Repeated Violation of Court Order or Condition of 25.072 Absolute Bar and child cannot be placed Bond in Family Violence case (felony) Sale or Purchase of Child (felony) 25.08 Absolute Bar and child cannot be placed Page 1 of 3 Appendix 4525 Chart 1: Risk Evaluations in Parental Child Safety Placements 2

Texas Penal Effect on PCSP Placement (Conviction or Deferred Offense Code Adjudication) Continuous Violence Against the Family (felony) 25.11 Absolute Bar and child cannot be placed Arson (felony) 28.02 Absolute Bar and child cannot be placed Online Solicitation of a Minor (felony) 33.021 Absolute Bar and child cannot be placed Obstruction or Retaliation (felony) 36.06 Absolute Bar and child cannot be placed Violations of the Civil Rights of Person in Custody; 39.04 Absolute Bar and child cannot be placed Improper Sexual Activity with Person in Custody (felony) Stalking (felony) 42.072 Absolute Bar and child cannot be placed Aggravated Promotion of Prostitution (felony) 43.04 Absolute Bar and child cannot be placed Compelling Prostitution (felony) 43.05 Absolute Bar and child cannot be placed Obscenity (misdemeanor or felony) 43.23 Absolute Bar and child cannot be placed Sexual Performance by a Child (felony) 43.25 Absolute Bar and child cannot be placed Employment Harmful to Children (felony) 43.251 Absolute Bar and child cannot be placed Possession or Promotion of Child Pornography 43.26 Absolute Bar and child cannot be placed (felony)

Texas Family Code

Texas Family Effect on PCSP Placement Offense Code (Conviction or Deferred Adjudication) Failure to Report; Penalty (felony) 261.109 Absolute Bar and child cannot be placed Removal of Alleged Perpetrator; Offense (felony ) 262.1015(g)- Absolute Bar and child cannot be placed (h)

Texas Human Resources Code

Texas Human Resources Effect on PCSP Placement (Conviction or Deferred Offense Code Adjudication) Failure to Report; Penalty (felony) 48.052 Absolute Bar and child cannot be placed

Additional Absolute Bars Any other felony convictions or felony deferred adjudications in the past 5 years are now an absolute bar.

Page 2 of 3 Appendix 4525 Chart 1: Risk Evaluations in Parental Child Safety Placements 3 Non-Absolute Bars to Placement (Evaluation and Approval Required) A household may be considered for a PCSP if any household member has: • a non-absolute bar felony conviction or a non-absolute bar felony deferred adjudication older than 5 years; or • any misdemeanor conviction. However, before placing the child, you must: • conduct a full evaluation of all circumstances on a case-by-case basis; and • obtain required approval from the program director (PD).

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