Sec. 264.754. 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.