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Appendix B Bars to Employment (Revised 5/1/04, 9/30/04, 1/18/06, 9/15/06, 11/20/06, 9/4/07, 11/21/08, 8/3/09, 9/1/10, 9/1/11, 2/7/14, 6/13/14) This appendix lists all the agency specific bars to employment. Agency DSHS (MH Hospitals) Bars to Employment As authorized by Texas Health & Safety Code, §250.006, and Texas Administrative Code, Title 25, Part 1, Chapter 414, Subchapter K, §414.504: A "conviction" is the adjudication of guilt, plea of guilty or nolo contendere, or the assessment of probation or community supervision for a violation of the Penal Code. Note: An offense listed below is not considered a conviction if the applicant: is placed on deferred adjudication community supervision, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Section 5(c), Article 42.12, Code of Criminal Procedure. Convictions for: Criminal homicide Deadly conduct Terroristic threat Kidnapping and unlawful restraint Injury to a child, elderly individual, or disabled individual Exploitation of a child, elderly individual, or disabled individual Indecency with a child Continuous sexual abuse of a young child or children Sale or purchase of a child Abandoning or endangering a child Agreement to abduct from custody Indecent exposure Online solicitation of a minor Improper photography or visual recording Improper relationship between educator and student Aggravated assault Sexual assault Aggravated sexual assault Arson Robbery Aggravated robbery Aiding suicide Cruelty to livestock and non-livestock animals Medicaid fraud Obstruction or retaliation Money laundering A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed above A Class A misdemeanor or felony conviction for assault that occurred Agency DADS (State Supported Living Centers) Bars to Employment within the previous five years A conviction for burglary that occurred within the previous five years A felony conviction for theft that occurred within the previous five years A Class A misdemeanor or felony conviction for misapplication of fiduciary property or property of a financial institution that occurred within the previous five years A Class A misdemeanor or felony conviction for securing execution of a document by deception that occurred within the previous five years A conviction for false identification as peace officer that occurred within the previous five years A conviction for disorderly conduct associated with the display or discharge of a firearm in a public place that occurred within the previous five years A "conviction" is the adjudication of guilt, plea of guilty or nolo contendere, or the assessment of probation or community supervision for a violation of the Penal Code. Convictions for: Criminal homicide Deadly conduct Terroristic threat Kidnapping and unlawful restraint Injury to a child, elderly individual, or disabled individual Exploitation of a child, elderly individual, or disabled individual Indecency with a child Continuous sexual abuse of a young child or children Sale or purchase of a child Sexual performance by a child Possession or promotion of child pornography Abandoning or endangering a child Agreement to abduct from custody Indecent exposure Online solicitation of a minor Improper photography or visual recording Improper relationship between educator and student A Class A misdemeanor or felony conviction for assault that occurred within the previous five years Aggravated assault Sexual assault Aggravated sexual assault Compelling prostitution Promoting prostitution Aggravated promotion of prostitution Arson A felony conviction for theft that occurred within the previous five years A conviction for burglary that occurred within the previous five years Robbery Aggravated robbery A conviction for false identification as peace officer that occurred within the previous five years Aiding suicide Cruelty to livestock and non-livestock animals A conviction for disorderly conduct associated with the display or Agency DFPS Bars to Employment discharge of a firearm in a public place that occurred within the previous five years Medicaid fraud Obstruction or retaliation Money laundering A Class A misdemeanor or felony conviction for securing execution of a document by deception that occurred within the previous five years A Class A misdemeanor or felony conviction for misapplication of fiduciary property or property of a financial institution that occurred within the previous five years A felony conviction under the Texas Controlled Substances Act (Health & Safety Code Chapter 481) involving manufacture, delivery, intent to distribute, conspiracy to possess or produce with intent to distribute, distribution to a minor, illegal expenditure or investment, or transfer or receipt of chemical laboratory apparatus Criminal attempt of any offense listed as a bar above. Note: If a five year bar, the attempt is only a bar for five years A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed above A "conviction" is the adjudication of guilt, plea of guilty or nolo contendere, or the assessment of probation or community supervision for a violation of the Penal Code. For all employees, convictions for: Criminal homicide Murder Capital murder Manslaughter Criminally negligent homicide Kidnapping Aggravated kidnapping Trafficking of persons Indecency with a child Continuous sexual abuse of a young child or children Improper relationship between educator and student Sexual assault Aggravated assault Aggravated sexual assault Injury to a child, elderly individual or disabled Individual Abandoning or endangering child Deadly conduct A felony conviction for terroristic threat Prohibited sexual conduct (incest) Sale or purchase of child Intoxication manslaughter Sexual performance by a child Employment harmful to children Possession or promotion of child porn Arson Robbery Aggravated robbery Compelling prostitution Online solicitation of a minor Agency Bars to Employment Impersonating a public servant Failure to stop or report aggravated sexual assault of a child Harassment by persons in certain correctional facilities; harassment of a public servant Tampering with a consumer product In addition to the conviction for all employees, the following convictions are bars to employment for employees with “direct access” (those who are reasonably likely in the course of their employment to make intentional physical contact with a DFPS client; communicate directly in any manner with a DFPS client; obtain physical access to the home or living quarters of a DFPS client; and/or obtain or access any confidential or sensitive data or information): DARS Unlawful restraint A conviction for indecent exposure that occurred within the previous five years Improper photography or visual recording A Class A misdemeanor or felony conviction for assault that occurred within the previous five years A conviction for coercing, soliciting or inducing gang membership that occurred within the previous five years Aiding suicide Agreement to abduct from custody Enticing a child A conviction for intoxication assault that occurred within the previous five years Promotion of prostitution Aggravated promotion of prostitution Sale, distribution or display of harmful material to a minor A misdemeanor conviction for terroristic threat that occurred within the previous five years A conviction for burglary that occurred within the previous five years A felony conviction for theft that occurred within the previous five years A Class A misdemeanor or felony conviction for misapplication of fiduciary property that occurred within the previous five years A Class A misdemeanor or felony conviction for securing execution of a document by deception that occurred within the previous five years A conviction for Medicaid fraud that occurred within the previous five years Money laundering A conviction for delivery of a controlled substance or marijuana to a child that occurred within the previous five years A conviction for disorderly conduct associated with the display or discharge of a firearm in a public place that occurred within the previous five years Cruelty to animals A conviction for false identification as peace officer that occurred within the previous five years As authorized by Texas Administrative Code, Title 40, Chapter 101, Subchapter A: A felony criminal conviction which has been determined by the Commissioner Agency HHSC (Employees Placed in Direct Contact with Residents or Clients at DADS State Supported Living Centers or the DSHS Rio Grande State Center) Bars to Employment or Assistant Commissioner to make the applicant unfit or unsafe to perform the functions of the job. (Note: A "conviction" is the adjudication of guilt, plea of guilty or nolo contendere, or the assessment of probation or community supervision for a violation of the Penal Code.) A "conviction" is the adjudication of guilt, plea of guilty or nolo contendere, or the assessment of probation or community supervision for a violation of the Penal Code. Convictions for: Criminal homicide Deadly conduct Terroristic threat Kidnapping and unlawful restraint Injury to a child, elderly individual, or disabled individual Exploitation of a child, elderly individual, or disabled individual Indecency with a child Continuous sexual abuse of a young child or children Sale or purchase of a child Sexual performance by a child Possession or promotion of child pornography Abandoning or endangering a child Agreement to abduct from custody Indecent exposure Online solicitation of a minor Improper photography or visual recording Improper relationship between educator and student A Class A misdemeanor or felony conviction for assault that occurred within the previous five years Aggravated assault Sexual assault Aggravated sexual assault Compelling prostitution Promoting prostitution Aggravated promotion of prostitution Arson A felony conviction for theft that occurred within the previous five years A conviction for burglary that occurred within the previous five years Robbery Aggravated robbery A conviction for false identification as peace officer that occurred within the previous five years Aiding suicide Cruelty to livestock and non-livestock animals A conviction for disorderly conduct associated with the display or discharge of a firearm in a public place that occurred within the previous five years Medicaid fraud Obstruction or retaliation Money laundering A Class A misdemeanor or felony conviction for securing execution of a document by deception that occurred within the previous five years Agency Bars to Employment A Class A misdemeanor or felony conviction for misapplication of fiduciary property or property of a financial institution that occurred within the previous five years A felony conviction under the Texas Controlled Substances Act (Health & Safety Code Chapter 481) involving manufacture, delivery, intent to distribute, conspiracy to possess or produce with intent to distribute, distribution to a minor, illegal expenditure or investment, or transfer or receipt of chemical laboratory apparatus Criminal attempt of any offense listed as a bar above. Note: If a five year bar, the attempt is only a bar for five years A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed above