Download HHS HR Manual Appendix B Bars to Employment

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:
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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:
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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