Section 344.410 - Other Criminal History(a) Applicants for Certification.(1) An individual with the following criminal history is not eligible for certification, employment, or otherwise providing service in a position requiring certification without prior review and approval by TJJD as provided in § 344.420 of this chapter: (A) deferred adjudication or conviction for a felony other than those referenced in § 344.400(a) of this chapter or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD) if the date of deferred adjudication or conviction was less than 10 years prior to the date the review is requested; or(B) deferred adjudication or conviction for any Class A or B misdemeanor in Texas or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD) if the date of deferred adjudication or conviction was less than five years prior to the date the review is requested.(2) Regardless of the date of conviction or deferred adjudication, a review is required if an individual was incarcerated or placed on community supervision for an offense described by paragraph (1) of this subsection and less than one year has elapsed since the completion of any period of incarceration, community supervision, or parole.(3) Regardless of the date of conviction or deferred adjudication, a review is required if an individual has a current requirement to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure, for an offense other than an offense described by § 344.400(a) of this chapter.(b) Other Individuals Subject to Criminal Background Check. (1) An individual with the criminal history described in subsection (a) of this section is not eligible to begin serving or continue serving in a position listed in § 344.300(b)(3) of this chapter unless the juvenile board or its documented designee has granted an exemption after considering the factors in § 344.420 of this chapter.(2) Exemptions may be granted only on a case-by-case basis. The justification for the exemption must be documented.(3) If the department or facility receives notification of a new conviction or deferred adjudication, the individual may not continue serving in the position unless the juvenile board or its documented designee grants a new exemption in accordance with this subsection. An exemption may not be granted for a conviction or deferred adjudication described in § 344.400(a) of this chapter.(4) An exemption granted under this subsection is valid for the individual only at the juvenile probation department or facility operated by or under contract with the juvenile board granting the exemption.(5) The exemption is not valid if the person moves to a position requiring certification or if the department or facility seeks certification for the person in a position that allows for optional certification as provided in § 344.802 of this chapter; in such cases, prior review and approval from TJJD is required as provided by subsection (a) of this section.37 Tex. Admin. Code § 344.410
The provisions of this §344.410 adopted to be effective January 1, 2010, 34 TexReg 4191; amended to be effective September 1, 2010, 35 TexReg 7080; Adopted by Texas Register, Volume 42, Number 41, October 13, 2017, TexReg 5699, eff. 2/1/2018; Amended by Texas Register, Volume 47, Number 37, September 16, 2022, TexReg 5538, eff. 9/1/2022, expired 12/29/2022; Amended by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8045, eff. 12/30/2022