The Early Childhood Intervention program and HHSC can get certain criminal history records for covered workers and volunteers, but HHSC must keep some records confidential and destroy them after use.
Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD: EARLY CHILDHOOD INTERVENTION PROGRAM WITHIN HEALTH AND HUMAN SERVICES COMMISSION. (a) The Early Childhood Intervention program within the Health and Human Services Commission, as established by Chapter 73, Human Resources Code, is entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person: (1) who is an employee or an applicant for permanent, temporary, or consultative employment or for a volunteer position; and (2) whose employment or potential employment or volunteer position with the program or a local provider involves the delivery of early childhood intervention services or involves direct interactions with or the opportunity to interact and associate with children. (a-1) Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services Commission is entitled to: (1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person who is described by Subsection (a); and (2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a). (b) The Health and Human Services Commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1). Criminal history record information obtained by the Health and Human Services Commission under Subsection (a-1)(2) may not be released or disclosed to any person except: (1) on court order; (2) with the consent of the person who is the subject of the criminal history record information; or (3) as provided by Subsection (d). (c) The Health and Human Services Commission shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose. (d) The Health and Human Services Commission may provide the applicant, employee, professional consultant, or volunteer with a copy of the person's criminal history record information obtained from the Department of Public Safety or another law enforcement agency under Subsection (a-1)(2). (e) The failure or refusal to provide a complete set of fingerprints or a complete name on request constitutes good cause for dismissal or refusal to hire, as applicable, with regard to program employees, professional consultants, and applicants for permanent, temporary, or consultative employment or for volunteer positions whose employment or potential employment or volunteer position with the Health and Human Services Commission or a local provider involves the delivery of early childhood intervention services or involves direct interactions with or the opportunity to interact and associate with children. (f) The Health and Human Services Commission shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose. Added by Acts 1997, 75th Leg., ch. 923, Sec. 19, eff. Sept. 1, 1997. Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(35), eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 7, eff. June 10, 2019. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 33, eff. June 13, 2023.