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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745 - LICENSING
SUBCHAPTER F - BACKGROUND CHECKS
SECTION/RULE §745.751 - What factors does Licensing consider when determining if a person or an operation is an immediate threat to the health or safety of children?
Chapter Review Date 08/26/2024

Licensing considers the following factors when determining if a person, including the subject of a background check, or an operation is an immediate threat to the health or safety of children:(1) The severity of the deficiency, including abuse or neglect;(2) The circumstances surrounding the deficiency, including abuse or neglect;(3) The seriousness of any injuries to children;(4) The length of time since the deficiency, including abuse or neglect, occurred;(5) Whether the deficiency has been repeated;(6) The compliance history of the operation;(7) The current regulatory status of the operation;(8) How quickly corrections to the deficiency can be made;(9) If any corrections have already been made;(10) The role of the person in the abuse or neglect;(11) The current position, role, and responsibilities of the person; and(12) The degree and immediacy of the threat or danger.

Source Note: The provisions of this §745.751 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963.

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