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Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 1 Assessing Criminal History Offenses and Convictions for PCSPs, Kinship Placement and Kinship Foster and Adoptive Homes For more information on the effect on Kinship – Unverified Placement, see: 4525 Conduct and Evaluate Criminal History Checks on Potential Kinship Caregivers 4527 Obtain Approval for Placement in a Kinship Home with DFPS or Criminal History Sections Texas Penal Code Texas Education Code Texas Family Code Texas Health and Safety Code Texas Human Resources Code Texas Alcoholic Beverage Code Other Page 1 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 2 Texas Penal Code Effect on PCSP Placement Offense Criminal Solicitation of a Minor (misdemeanor or felony) Texas Penal Code 15.031 Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar and child cannot be placed Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Murder (felony) 19.02 Absolute Bar and child cannot be placed N/A Capital Murder (felony) 19.03 Absolute Bar and child cannot be placed N/A Manslaughter (felony) 19.04 Absolute Bar and child cannot be placed N/A Criminally Negligent Homicide (felony) 19.05 Absolute Bar and child cannot be placed N/A Unlawful Restraint (misdemeanor or felony) 20.02 Evaluation required Evaluation required Kidnapping (felony) 20.03 Absolute Bar and child cannot be placed N/A Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar unless Regional Director (RD) exception granted following a Kinship Safety Evaluation (KSE) Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval Effect on Kinship Foster Placement Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Felony: N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and Program Director (PD) approval N/A Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar* Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A Requires Kinship Safety Evaluation and PD approval N/A Risk Evaluation Risk Evaluation No Risk Evaluation N/A No Misdemeanor: No Page 2 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 3 Effect on PCSP Placement Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Smuggling of Persons (felony) 20.05 Evaluation required N/A Trafficking of Persons (felony) 20A.02 Absolute Bar and child cannot be placed N/A Continuous Trafficking of Persons (felony) 20A.03 Absolute Bar and child cannot be placed N/A Continuous Sexual Abuse of a Young Child or Children (felony) Public Lewdness (Class A misdemeanor) 21.02 Absolute Bar and child cannot be placed N/A 21.07 N/A Evaluation required Indecent Exposure (misdemeanor) 21.08 N/A Evaluation required N/A Indecency with a Child (felony) 21.11 Absolute Bar and child cannot be placed N/A Improper Relationship Between Educator and Student (felony) 21.12 Absolute Bar and child cannot be placed N/A Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Offense Aggravated Kidnapping (felony) Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar* Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? N/A N/A Risk Evaluation N/A No N/A Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval N/A N/A Risk Evaluation No N/A Risk Evaluation No Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires Kinship Safety Evaluation and PD approval Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation N/A Texas Penal Code 20.04 Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar and child cannot be placed Effect on Kinship Foster Placement Page 3 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Improper Photography or Visual Recording (felony) Assault (misdemeanor or felony) Texas Penal Code 21.15 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A 22.01 5-year Bar; thereafter evaluation Evaluation required Sexual Assault (felony) 22.011 Absolute Bar and child cannot be placed N/A Aggravated Assault (felony) 22.02 5-year Bar; thereafter evaluation N/A Aggravated Sexual Assault (felony) 22.021 Absolute Bar and child cannot be placed N/A Injury to a Child, Elderly Individual or Disabled Individual (felony) Abandoning or Endangering Child (felony) 22.04 Absolute Bar and child cannot be placed N/A 22.041 Absolute Bar and child cannot be placed N/A Deadly Conduct (misdemeanor or felony) 22.05 Evaluation required Evaluation required 4 Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval 5-year bar unless RD exception granted following a KSE; KSE and PD approval required after 5 years Absolute Bar unless RD exception granted following a Kinship Safety Evaluation 5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires Kinship Safety Evaluation and PD approval Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Requires Kinship Safety Evaluation and PD approval 5-year bar*, Risk Evaluation Thereafter Risk Evaluation No N/A Absolute Bar* N/A N/A N/A 5-year bar*, Risk Evaluation Thereafter N/A No N/A Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A Requires Kinship Safety Evaluation and PD approval Risk Evaluation Risk Evaluation No Page 4 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement 5 Effect on Kinship Placement Texas Penal Code 22.07 Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Aiding Suicide (misdemeanor or felony) 22.08 Evaluation required Evaluation required Requires Kinship Safety Evaluation and PD approval Tampering with a Consumer Product (felony) Leaving a Child in a Vehicle (misdemeanor) 22.09 Evaluation required N/A 22.10 N/A Evaluation required Requires Kinship Safety Evaluation and PD approval N/A Harassment by Persons in Certain Correctional Facilities; Harassment of a Public Servant (felony) Bigamy (felony) 22.11 Evaluation required N/A Requires Kinship Safety Evaluation and PD approval 25.01 Evaluation required N/A Prohibited Sexual Conduct (felony) 25.02 5-year Bar; thereafter evaluation N/A Interference with Child Custody (felony) Agreement to Abduct from Custody (felony) 25.03 Evaluation required N/A 25.031 Evaluation required N/A Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval Offense Terroristic Threat (misdemeanor or felony) Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval N/A Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation Risk Evaluation Risk Evaluation No Risk Evaluation N/A No Requires Kinship Safety Evaluation and PD approval N/A N/A Risk Evaluation No Risk Evaluation N/A No N/A Risk Evaluation N/A No N/A Risk Evaluation N/A No N/A Risk Evaluation N/A No N/A Risk Evaluation N/A No Page 5 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Enticing a Child (misdemeanor or felony) Texas Penal Code 25.04 Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar and child cannot be placed Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 6 Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval N/A If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval N/A Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation Risk Evaluation N/A No Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval N/A Risk Evaluation No Absolute Bar* Risk Evaluation Felony: N/A Criminal Nonsupport (felony) 25.05 Evaluation required N/A Harboring Runaway Child (misdemeanor) 25.06 N/A Evaluation required Violations of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, or Stalking Case (misdemeanor or felony) Violation of Protective Order Preventing Offense Caused by Bias or Prejudice (misdemeanor or felony) Repeated Violation of Court Order or Condition of Bond in Family Violence case (felony or misdemeanor) Sale or Purchase of Child (felony) 25.07 Absolute Bar and child cannot be placed Evaluation required 25.071 Evaluation required Evaluation required Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval Risk Evaluation Risk Evaluation No 25.072 Absolute Bar and child cannot be placed Evaluation required Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires Kinship Safety Evaluation and PD approval Absolute Bar* Risk Evaluation No 25.08 Absolute Bar and child cannot be placed N/A Absolute Bar unless RD exception granted following a Kinship Safety Evaluation N/A Absolute Bar* N/A N/A Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Misdemeanor: No Page 6 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement 7 Effect on Kinship Placement Texas Penal Code 25.09 Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 25.10 Evaluation required N/A Requires Kinship Safety Evaluation and PD approval 25.11 Absolute Bar and child cannot be placed N/A Arson (felony) 28.02 Absolute Bar and child cannot be placed N/A Robbery (felony) 29.02 5-year Bar; thereafter evaluation N/A Aggravated Robbery (felony) 29.03 5-year Bar; thereafter evaluation N/A Burglary (felony) 30.02 Evaluation required N/A Theft (felony or misdemeanor) 31.03 31.04 31.05 31.12 31.16 Evaluation required Evaluation required Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires Kinship Safety Evaluation and PD approval 5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Offense Advertising for Placement of Child (misdemeanor or felony) Interference with Rights of a Guardian of the person (felony) Continuous Violence Against the Family (felony) Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval N/A Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation Risk Evaluation N/A No N/A Absolute Bar* N/A N/A N/A Absolute Bar* N/A N/A N/A Risk Evaluation N/A No N/A 5-year bar*, Risk Evaluation Thereafter N/A No N/A Risk Evaluation if conviction was in the last 10 years N/A Yes No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Page 7 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Texas Penal Code 32.21 Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Credit Card or Debit Card Abuse (felony) 32.31 Evaluation required Evaluation required False Statement to Obtain Property or Credit or in the Provision of Certain Services (felony or misdemeanor) Hindering Secured Creditors (felony or misdemeanor) 32.32 Evaluation required Evaluation required 32.33 Evaluation required Evaluation required Misapplication of Fiduciary Property or Property of Financial Institution (felony or misdemeanor) Securing Execution of a Document by Deception (felony or misdemeanor) 32. Evaluation required Evaluation required 33.46 Evaluation required Evaluation required Breach of Computer Security (felony or misdemeanor) 33.02 Evaluation required Evaluation required Offense Forgery (felony or misdemeanor) 8 Effect on Kinship Placement Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes Misdemeanor (Includes All Levels Unless Otherwise Specified) No Action Needed Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) No Action Needed No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Page 8 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Online Solicitation of a Minor (felony) Texas Penal Code 33.021 Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar and child cannot be placed Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Telecommunications Crimes (felony or misdemeanor) 33A.02 33A.03 33A.04 33A.05 Evaluation required Evaluation required Money Laundering (felony) 34.02 Evaluation required N/A Insurance Fraud (felony or misdemeanor) 35.02 Evaluation required Evaluation required Medicaid Fraud (felony or misdemeanor) 35A.02 Evaluation required Evaluation required Bribery (felony) 36.02 Evaluation required N/A Coercion of Public Servant or Voter (felony or misdemeanor) 36.03 Evaluation required Evaluation required 9 Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Felony (Includes All Levels Unless Otherwise Specified) Absolute Bar* Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes N/A Risk Evaluation if conviction was in the last 10 years N/A Yes No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes No Action Needed Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Risk Evaluation if conviction was in the last 10 years N/A Yes Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Yes N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Page 9 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 10 Effect on PCSP Placement Offense Improper Influence (misdemeanor) Texas Penal Code 36.04 Tampering with Witness (felony) 36.05 Obstruction or Retaliation (felony) 36.06 Acceptance of Honorarium (misdemeanor) 36.07 Felony (Includes All Levels Unless Otherwise Specified) N/A Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required N/A Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) N/A Requires Kinship Safety Evaluation and PD approval Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes Felony: No Risk Evaluation N/A Misdemeanor: N/A Gift to Public Servant by Person Subject to His Jurisdiction (misdemeanor) 36.08 Offering Gift to Public Servant (misdemeanor) 36.09 Absolute Bar and child cannot be placed N/A N/A Evaluation required N/A N/A Evaluation required Evaluation required Absolute Bar unless RD exception granted following a Kinship Safety Evaluation N/A N/A N/A N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Absolute Bar* N/A N/A N/A Risk Evaluation if conviction was in the last 10 years Yes N/A Risk Evaluation if conviction was in the last 10 years Yes N/A Risk Evaluation if conviction was in the last 10 years Yes Page 10 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Perjury (misdemeanor) Texas Penal Code 37.02 Felony (Includes All Levels Unless Otherwise Specified) N/A Evaluation required Aggravated Perjury (felony) Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval 37.09 Evaluation required Tampering with Governmental Record (felony or misdemeanor) N/A 37.03 Evaluation required Tampering with or Fabricating Physical Evidence (felony or misdemeanor) Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 11 37.10 Evaluation required Effect on Kinship Foster Placement Requires Kinship Safety Evaluation and PD approval Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if Class A conviction in the last 10 years; otherwise no action needed Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? N/A Risk Evaluation if conviction was in the last 10 years Yes Risk Evaluation if conviction was in the last 10 years N/A Yes Felony: No Risk Evaluation Risk Evaluation if conviction was in the last 10 years Risk Evaluation For Class A: Risk Evaluation if conviction was in the last 10 years For Class B or C: No Action Required Misdemeanor: Yes Yes Page 11 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 12 Effect on PCSP Placement Offense Fraudulent Filing of Financing Statement (felony or misdemeanor) Impersonating a Public Servant (felony) Record of a Fraudulent Court (felony or misdemeanor) False Statement Regarding Child Custody Determination Made in Foreign Country (felony) Texas Penal Code Felony (Includes All Levels Unless Otherwise Specified) Evaluation required 37.101 37.11 Evaluation required N/A Evaluation required Evaluation required 37.13 Evaluation required N/A 37.14 N/A Failure to Identify (misdemeanor) Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 38.02 Evaluation required Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Requires Kinship Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Yes N/A Yes Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Yes Risk Evaluation if conviction was in the last 10 years N/A Yes Risk Evaluation if conviction was in the last 10 years N/A For Class A: Risk Evaluation if conviction was in the last 10 years For Class B or C: No Action Required Yes Page 12 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Resisting Arrest, Search, or Transportation (felony or misdemeanor) Texas Penal Code Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Requires Kinship Safety Evaluation and PD approval Evaluation required Evaluation required Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval 38.06 Evaluation required Permitting or Facilitating Escape (felony or misdemeanor) Evaluation required 38.05 Evaluation required Escape (felony or misdemeanor) Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval 38.04 Evaluation required Hindering Apprehension or Prosecution (felony or misdemeanor) Effect on Kinship Placement 38.03 Evaluation required Evading Arrest or Detention (felony or misdemeanor) Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 13 38.07 Evaluation required Requires Kinship Safety Evaluation and PD approval Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if the conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) Felony: No Risk Evaluation Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Felony: No Risk Evaluation Misdemeanor: Yes Misdemeanor: Yes Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Felony: No Risk Evaluation Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Felony: No Risk Evaluation Yes Misdemeanor: Yes Misdemeanor: Yes Page 13 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Implements for Escape (felony) Bail Jumping and Failure to Appear (felony and misdemeanor) Prohibited Substances and Items in Correctional Facility (felony) Texas Penal Code Felony (Includes All Levels Unless Otherwise Specified) Evaluation required 38.09 Evaluation required Violation of Protective Order Issued on Basis of Sexual Assault or Abuse, Stalking, or Trafficking (misdemeanor) Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site (felony) Evaluation required 38.10 Evaluation required N/A 38.11 Evaluation required Improper Contact with Victim (felony and misdemeanor) Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Evaluation required 38.111 N/A Evaluation required 14 38.113 N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Risk Evaluation N/A No Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Risk Evaluation if conviction was in the last 10 years N/A No Risk Evaluation if conviction was in the last 10 years No Action Needed Yes N/A Risk Evaluation No Risk Evaluation if conviction was in the last 10 years N/A Yes Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in last 10 years N/A 38.112 Evaluation required Effect on Kinship Foster Placement Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A No Action Needed N/A No Action Needed Requires Kinship Safety Evaluation and PD approval Felony (Includes All Levels Unless Otherwise Specified) N/A Page 14 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Barratry and Solicitation of Professional Employment (felony or misdemeanor) Texas Penal Code Felony (Includes All Levels Unless Otherwise Specified) Evaluation required 38.12 Evaluation required Falsely Holding Oneself Out as a Lawyer (felony) Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer (felony) N/A 38.122 Evaluation required Unauthorized Practice of Law (felony or misdemeanor) Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Evaluation required 38.123 Evaluation required 38.14 N/A 15 Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval Misdemeanor (Includes All Levels Unless Otherwise Specified) No Action Needed N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Risk Evaluation if conviction was in the last 10 years No Action Needed No Risk Evaluation if conviction was in the last 10 years N/A Yes Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Yes Risk Evaluation N/A No Page 15 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 16 Effect on PCSP Placement Offense Interference with Police Service Animals (felony or misdemeanor) Interference with Radio Frequency Licensed to Government Entity (felony or misdemeanor) Failure to Stop or Report Aggravated Sexual Assault of a Child (misdemeanor) Failure to Report Felony (misdemeanor) Texas Penal Code Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval 38.151 Evaluation required Evaluation required 38.152 38.17 Requires Kinship Safety Evaluation and PD approval if conviction in the last 10 years No Action Needed Absolute Bar and child cannot be placed N/A Requires Kinship Safety Evaluation and PD approval N/A Evaluation required N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years No Action Needed 38.171 39.02 Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval for Class A if conviction was in the last 10 years; otherwise no action needed N/A Evaluation required Abuse of Official Capacity (felony or misdemeanor) Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Evaluation required Effect on Kinship Foster Placement Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Risk Evaluation if conviction was in the last 10 years N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) For Class A: Risk Evaluation if conviction was in the last 10 years For Class B or C: No Action Required No Action Needed If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Felony: No Misdemeanor: Yes Yes Risk Evaluation No N/A Risk Evaluation if conviction was in the last 10 years Yes Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Page 16 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 17 Effect on PCSP Placement Offense Official Oppression (felony or misdemeanor) Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody (misdemeanor or felony) Failure to Report Death of Prisoner (misdemeanor) Texas Penal Code Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 39.03 39.04 Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Absolute Bar and child cannot be placed Evaluation required Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Evaluation required N/A 39.05 Evaluation required Misuse of Official Information (felony or misdemeanor) 39.06 Stalking (felony) 42.072 Absolute Bar and child cannot be placed Evaluation required N/A Effect on Kinship Foster Placement Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years No Action Needed N/A Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No No N/A Risk Evaluation if conviction was in the last 10 years Yes Risk Evaluation if conviction was in the last 10 years No Action Needed Yes Risk Evaluation N/A No Page 17 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement 18 Effect on Kinship Placement Texas Penal Code 42.08 Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Cruelty to Livestock Animals (misdemeanor or felony) 42.09 Evaluation required Evaluation required Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Attack on Assistance Animal (misdemeanor or felony) 42.091 Evaluation required Evaluation required Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Cruelty to NonLivestock Animals (misdemeanor or felony) 42.092 Evaluation required Evaluation required Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Dog Fighting (misdemeanor or felony) 42.10 Evaluation required Evaluation required Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Offense Abuse of Corpse (misdemeanor) Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years No Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years No Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years No Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years No Page 18 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Cockfighting (felony or misdemeanor) Texas Penal Code 42.105 Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Prostitution (misdemeanor or felony) 43.02 5-year Bar; thereafter evaluation Evaluation required Promotion of Prostitution (misdemeanor or felony) 43.03 5-year Bar; thereafter evaluation Evaluation required Aggravated Promotion of Prostitution (felony) 43.04 Absolute Bar and child cannot be placed N/A Compelling Prostitution (felony) 43.05 Absolute Bar and child cannot be placed N/A Obscene Display or Distribution (misdemeanor) 43.22 N/A Evaluation required Obscenity (misdemeanor or felony) 43.23 Absolute Bar and child cannot be placed Evaluation required 19 Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years 5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years 5-year bar unless RD exception granted following KSE; KSE and PD approval required after 5 years Absolute Bar unless RD exception granted following a Kinship Safety Evaluation N/A Absolute Bar unless RD exception granted following a Kinship Safety Evaluation If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years 5-Year Bar*, Risk Evaluation Thereafter Risk Evaluation No Requires Kinship Safety Evaluation and PD approval 5-Year Bar*, Risk Evaluation Thereafter Risk Evaluation No N/A 5-year bar*, Risk Evaluation Thereafter N/A No N/A Absolute Bar* N/A N/A Requires Kinship Safety Evaluation and PD approval Requires Kinship Safety Evaluation and PD approval N/A Risk Evaluation No Absolute Bar* Risk Evaluation Felony: N/A Misdemeanor: No Page 19 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 20 Effect on PCSP Placement Offense Sale, Distribution or Display of Harmful Material to a Minor (misdemeanor or felony) Sexual Performance by a Child (felony) Texas Penal Code 43.24 Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval 43.25 Absolute Bar and child cannot be placed N/A Employment Harmful to Children (felony) Possession or Promotion of Child Pornography (felony) Electronic Transmission of Certain Visual Material Depicting Minor (misdemeanor) Making a Firearm Accessible to a Child (misdemeanor) 43.251 Absolute Bar and child cannot be placed Absolute Bar and child cannot be placed N/A 43.261 N/A Evaluation required Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires Kinship Safety Evaluation and PD approval Absolute Bar unless RD exception granted following a Kinship Safety Evaluation N/A 46.13 N/A Evaluation required N/A Public Intoxication (misdemeanor) 49.02 N/A Evaluation required N/A 43.26 N/A Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation N/A Absolute Bar* N/A N/A N/A Risk Evaluation N/A No N/A Absolute Bar* N/A N/A Requires Kinship Safety Evaluation and PD approval N/A Risk Evaluation No Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Risk Evaluation if conviction was in the last 10 years Yes N/A Risk Evaluation if conviction was in the last 10 years Yes Page 20 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Possession of Alcoholic Beverage in Motor Vehicle (misdemeanor) Texas Penal Code 49.031 Felony (Includes All Levels Unless Otherwise Specified) N/A 5-year Bar; thereafter evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Driving While Intoxicated (misdemeanor or felony) 49.04 Evaluation required Driving While Intoxicated with Child Passenger (felony) 49.045 5-year Bar; thereafter evaluation N/A Flying While Intoxicated (misdemeanor or felony) 49.05 5-year Bar; thereafter evaluation Evaluation required Boating While Intoxicated (misdemeanor or felony) 49.06 5-year Bar; thereafter evaluation Evaluation required 21 Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) N/A 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Effect on Kinship Foster Placement If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Felony: No 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Yes 5-Year Bar*; Risk Evaluation between 5 & 10 Years Risk Evaluation if conviction was in the last 10 years Felony: No Misdemeanor: Yes Misdemeanor: Yes Page 21 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Assembling or Operating Amusement Ride While Intoxicated (misdemeanor or felony) Texas Penal Code 49.065 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 22 Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Requires a Kinship Safety Evaluation and PD approval N/A If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Felony: No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Felony (Includes All Levels Unless Otherwise Specified) 5-Year Bar*; Risk Evaluation between 5 & 10 Years Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No N/A Risk Evaluation N/A No Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation No Misdemeanor: Yes Intoxication Assault (felony) 49.07 5-year Bar; thereafter evaluation N/A Intoxication Manslaughter (felony) 49.08 5-year Bar; thereafter evaluation N/A Engaging in Organized Criminal Activity (felony) Violation of Court Order Enjoining Organized Criminal Activity (misdemeanor) Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang (felony) Directing Activities of Certain Criminal Street Gangs (felony) 71.02 Evaluation required N/A 71.021 N/A Evaluation required 71.022 Evaluation required N/A Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation N/A No 71.023 Evaluation required N/A Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation N/A No Page 22 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 23 Texas Education Code Effect on PCSP Placement Offense Personal Hazing Offense (felony or misdemeanor) Texas Education Code 37.152 Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Page 23 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 24 Texas Family Code Texas Family Code 107.05145(d) Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No 156.104(b) N/A Evaluation required N/A Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation No 156.1045(b) N/A Evaluation required N/A Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation No 162.025 N/A Evaluation required N/A N/A Risk Evaluation No 162.107 N/A Evaluation required N/A Requires a Kinship Safety Evaluation and PD approval Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation No Effect on PCSP Placement Offense Disclosing confidential information obtained from DFPS social study (misdemeanor) Modification of order on conviction for Child Abuse (misdemeanor) Modification of order on conviction for Family Violence (misdemeanor) Placement by Unauthorized Person (misdemeanor) General Penalty: Violating the Interstate Compact on the Placement of children (misdemeanor) Effect on Kinship Foster Placement Effect on Kinship Placement Page 24 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Felony (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation 25 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No 261.107 Evaluation required N/A N/A Risk Evaluation N/A No 261.109 Absolute Bar and child cannot be placed Evaluation required Requires a Kinship Safety Evaluation and PD approval Absolute Bar* Risk Evaluation No 261.302(f) N/A Evaluation required Requires a Kinship Safety Evaluation and PD approval Absolute Bar unless RD exception granted following a Kinship Safety Evaluation (KSE) N/A N/A Risk Evaluation No 261.3032 N/A Evaluation required N/A Requires a Kinship Safety Evaluation and PD approval Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation No 262.1015(g)(h) Absolute Bar and child cannot be placed Evaluation required Absolute Bar unless RD exception granted following a Kinship Safety Evaluation (KSE) Requires a Kinship Safety Evaluation and PD approval Absolute Bar* Risk Evaluation No Effect on PCSP Placement Offense Prohibited Acts: Criminal Penalties (felony or misdemeanor) Making a False Report of Abuse or Neglect (felony) Texas Family Code 162.421 Failure to Report; Penalty (felony or misdemeanor) Conduct of Investigation (misdemeanor) Interference with Investigation; Criminal Penalty (misdemeanor) Removal of Alleged Perpetrator; Offense (felony or misdemeanor) Effect on Kinship Foster Placement Effect on Kinship Placement Page 25 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 26 Texas Health and Safety Code Effect on PCSP Placement Offense Evading or Resisting Apprehension or Transport by Person Subject to Custody or Temporary Detention (misdemeanor) Reports of Abuse and Neglect or of Illegal, Unprofessional or Unethical Conduct (misdemeanor) Failure to Report: Criminal Penalty (misdemeanor) Bad Faith, Malicious or Reckless Reporting: Criminal Penalty (misdemeanor) Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation No N/A Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation No N/A Requires a Kinship Safety Evaluation and PD approval N/A Risk Evaluation Yes Effect on Kinship Placement Texas Health and Safety Code 81.212 Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval 161.132 N/A Evaluation required N/A 260A.012 N/A Evaluation required 260A.013 N/A Evaluation required Page 26 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Felony (Includes All Levels Unless Otherwise Specified N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation 27 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No 5-year Bar; thereafter evaluation N/A 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No 481.1121 5-year Bar; thereafter evaluation N/A 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No 481.113 5-year Bar; thereafter evaluation N/A 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Effect on PCSP Placement Texas Health and Safety Code 464.016 Felony (Includes All Levels Unless Otherwise Specified) N/A Manufacture or Delivery of Substance in Penalty Group 1 (felony) 481.112 Manufacture of Delivery of Substance in Penalty Group 1A (felony) Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (felony) Offense Criminal Penalty (misdemeanor) Effect on Kinship Placement Effect on Kinship Foster Placement Page 27 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Texas Health and Safety Code 481.114 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation Possession of Substance in Penalty Group 1 (felony) 481.115 5-year Bar; thereafter evaluation N/A Possession of Substance in Penalty Group 1A (felony) 481.1151 5-year Bar; thereafter evaluation N/A Possession of Substance in Penalty Group 2 (felony) 481.116 5-year Bar; thereafter evaluation N/A Offense Manufacture or Delivery of Substance in Penalty Group 3 or 4 (felony) Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar*, Risk Evaluation between 5 & 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A 28 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Effect on Kinship Foster Placement Page 28 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Possession of Substance in Penalty Group 2A (felony or misdemeanor Texas Health and Safety Code 481.1161 Possession of Substance in Penalty Group 3 (felony or misdemeanor) 481.117 Possession of Substance in Penalty Group 4 (felony or misdemeanor) 481.118 Manufacture, Delivery, or Possession of Miscellaneous Substances (misdemeanor) 481.119 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 5-year Bar; thereafter evaluation Evaluation required 5-year Bar; thereafter evaluation Evaluation required N/A Evaluation required Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years N/A 29 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Felony: No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar*, Risk Evaluation between 5 & 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Felony: No Requires a Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Felony: No Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Risk Evaluation if conviction was in the last 10 years Yes Misdemeanor: Yes Misdemeanor: Yes Misdemeanor: Yes Page 29 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Delivery of Marijuana (misdemeanor or felony) Texas Health and Safety Code 481.120 Possession of Marijuana (misdemeanor or felony) 481.121 Delivery of Controlled Substance or Marijuana to a Child (felony) Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substances (misdemeanor or felony) Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 5-year Bar; thereafter evaluation Evaluation required 481.122 5-year Bar; thereafter evaluation N/A 481.124 5-year Bar; thereafter evaluation Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Effect on Kinship Foster Placement 30 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Felony: No Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar*, Risk Evaluation between 5 & 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Felony: No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Felony: No Misdemeanor: Yes Misdemeanor: Yes Misdemeanor: Yes Page 30 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Texas Health and Safety Code 481.1245 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation Possession or Delivery of Drug Paraphernalia (misdemeanor or felony) 481.125 5-year Bar; thereafter evaluation Evaluation required Illegal Barter, Expenditure or Investment (felony) 481.126 5-year Bar; thereafter evaluation N/A Unauthorized Disclosure of Information (felony) 481.127 5-year Bar; thereafter evaluation N/A Offense Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment (felony) Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Effect on Kinship Foster Placement 31 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar*, Risk Evaluation between 5 & 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Felony: No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Misdemeanor: Yes Page 31 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Texas Health and Safety Code 481.128 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation Diversion of Controlled Substance by Restraints, Dispensers, and Certain Other Persons (felony) 481.1285 5-year Bar; thereafter evaluation N/A Fraud (misdemeanor or felony) 481.129 5-year Bar; thereafter evaluation Evaluation required Diversion of Controlled Substance Property or Plant (felony) 481.131 5-year Bar; thereafter evaluation N/A Offense Commercial Matters (felony) Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar*, Risk Evaluation between 5 & 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A 32 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years Risk Evaluation if conviction was in the last 10 years Felony: No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Effect on Kinship Foster Placement Misdemeanor: Yes Page 32 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Felony (Includes All Levels Unless Otherwise Specified N/A 5-year Bar; thereafter evaluation N/A 481.137 5-year Bar; thereafter evaluation N/A 481.138 5-year Bar; thereafter evaluation N/A 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Texas Health and Safety Code 481.133 Felony (Includes All Levels Unless Otherwise Specified) N/A Unlawful Transfer or Receipt of Chemical Precursor (felony) 481.136 Transfer of Precursor Substance for Unlawful Manufacture (felony) Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (felony) Offense Falsification of Drug Test Results (misdemeanor) Effect on Kinship Placement Effect on Kinship Foster Placement 33 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No N/A 5-year Bar*, Risk Evaluation between 5 & 10 years N/A No Page 33 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture (felony) Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty (felony) Texas Health and Safety Code 481.139 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation 5-year Bar; thereafter evaluation Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A N/A 482.002 Possession of Dangerous Drug (misdemeanor) N/A Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years N/A 483.041 Delivery or Offer of Delivery of Dangerous Drug (felony) 5-year Bar; thereafter evaluation 483.042 N/A Effect on Kinship Foster Placement 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar*, Risk Evaluation between 5 & 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A N/A No 5-Year Bar*; Risk Evaluation between 5 & 10 Years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years N/A 34 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No N/A No N/A Risk Evaluation if conviction was in the last 10 years No 5-Year Bar*; Risk Evaluation between 5 & 10 Years N/A Page 34 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Manufacture of Dangerous Drug (felony) Texas Health and Safety Code 483.043 Forging or Altering Prescription (misdemeanor) 483.045 Possession and Use (misdemeanor) 485.031 Delivery to a Minor (felony or misdemeanor) 485.032 Inhalant Paraphernalia (misdemeanor) 485.033 Felony (Includes All Levels Unless Otherwise Specified) 5-year Bar; thereafter evaluation N/A N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Evaluation required Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years N/A Evaluation required N/A 5-year Bar; thereafter evaluation Evaluation required N/A Evaluation required 5-year Bar unless RD exception granted following KSE; KSE and PD approval required between 5 & 10 years N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Requires Kinship Safety Evaluation and PD approval if conviction was in the last 10 years Felony (Includes All Levels Unless Otherwise Specified) 5-Year Bar*; Risk Evaluation between 5 & 10 Years Misdemeanor (Includes All Levels Unless Otherwise Specified) 35 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No N/A N/A No Risk Evaluation if conviction was in the last 10 years N/A No Risk Evaluation if conviction was in the last 10 years No 5-Year Bar*; Risk Evaluation between 5 & 10 Years Risk Evaluation if conviction was in the last 10 years No N/A Risk Evaluation if conviction was in the last 10 years Page 35 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Hampering, Obstructing, Tampering with or Destroying Electronic Monitoring Device, Tape or Recording from Resident's Room at State Supported Living Center (misdemeanor) Texas Health and Safety Code 555.162 Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Effect on Kinship Foster Placement Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) 36 If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Risk Evaluation Page 36 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 37 Texas Human Resources Code Effect on PCSP Placement Offense Confidentiality of Information (misdemeanor) False Report: Criminal Penalty (felony or misdemeanor) Required Background and Criminal History Checks: Criminal Penalties (misdemeanor) Texas Human Resources Code Felony (Includes All Levels Unless Otherwise Specified Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Evaluation required 40.005(e) Felony (Includes All Levels Unless Otherwise Specified N/A Evaluation required Evaluation required 42.0447 N/A 42.056(i)-(k) Effect on Kinship Placement Requires a Kinship Safety Evaluation and PD approval Evaluation required N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Requires a Kinship Safety Evaluation and PD approval Requires a Kinship Safety Evaluation and PD approval Requires a Kinship Safety Evaluation and PD approval Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes N/A Risk Evaluation Yes Risk Evaluation Risk Evaluation No N/A Risk Evaluation Page 37 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Administering Medication (misdemeanor) Texas Human Resources Code Felony (Includes All Levels Unless Otherwise Specified Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Evaluation required 42.065(g)(h) N/A Criminal Penalties (misdemeanor) Criminal Penalty for Operating Daycare Center without Qualified Director (misdemeanor) 43.012 Felony (Includes All Levels Unless Otherwise Specified Misdemeanor (Includes All Levels Unless Otherwise Specified) N/A Requires a Kinship Safety Evaluation and PD approval N/A Requires a Kinship Safety Evaluation and PD approval Evaluation required 42.0761 N/A N/A Penalty (misdemeanor) Effect on Kinship Placement Evaluation required 42.076 N/A 38 Evaluation required N/A Requires a Kinship Safety Evaluation and PD approval Requires a Kinship Safety Evaluation and PD approval Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes N/A Risk Evaluation N/A Risk Evaluation Yes Yes N/A Risk Evaluation Yes N/A Risk Evaluation Page 38 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements Effect on PCSP Placement Offense Failure to Report; Penalty (felony or misdemeanor) False Report; Penalty (misdemeanor) Texas Human Resources Code Felony (Includes All Levels Unless Otherwise Specified Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required 48.052 Absolute Bar and child cannot be placed N/A Evaluation required 48.053 39 Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified Misdemeanor (Includes All Levels Unless Otherwise Specified) Absolute Bar unless RD exception granted following a Kinship Safety Evaluation Requires a Kinship Safety Evaluation and PD approval N/A Requires a Kinship Safety Evaluation and PD approval Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) Misdemeanor (Includes All Levels Unless Otherwise Specified) If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? No Absolute Bar* Risk Evaluation Yes N/A Risk Evaluation Page 39 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 40 Texas Alcoholic Beverage Code Effect on PCSP Placement Offense Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor (misdemeanor) Texas Alcoholic Beverage Code 106.06 Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) KSE and PD approval if conviction was in the last 10 years Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) N/A Misdemeanor (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years If This Person Is Eligible for a Risk Evaluation May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes Page 40 of 41 Appendix 4525 Attachment: Risk Evaluations in Kinship Placements 41 Any other Title under the Texas Penal Code or any other Texas Code not specifically mentioned above. Effect on PCSP Placement Offense Varies – Any offense not specifically listed that DFPS determines is a financial crime Varies Texas Penal Code or any other various Texas Codes Varies Varies Felony (Includes All Levels Unless Otherwise Specified) Evaluation required Misdemeanor (Includes All Levels Unless Otherwise Specified) Evaluation required Effect on Kinship Placement Felony (Includes All Levels Unless Otherwise Specified) KSE and PD approval if conviction was in the last 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) No Action Needed KSE and PD approval if offense conviction was in the last 10 years No Action Needed Effect on Kinship Foster Placement Felony (Includes All Levels Unless Otherwise Specified) Risk Evaluation if conviction was in the last 10 years Risk Evaluation if conviction was in the last 10 years Misdemeanor (Includes All Levels Unless Otherwise Specified) No Action Needed If This Person Is Eligible for a Risk Evaluation -May the Person be Present at the Foster or Adoptive Home While Children are in Care Pending the Outcome of the Risk Evaluation? Yes No No Action Needed Page 41 of 41
