VERIFICATION OF EMPLOYABILITY OF UNLICENSED PERSONS
have applied for employment or am employed with FRIENDSHIP CARE HOME ENTERPRISES, LLC and understand my duties involve direct contact with an agency consumer. I have informed the agency of all names (maiden, aliases) I have used in the past.
The agency will not employ a person if the agency determines, as a result of a criminal history check, a person has been convicted of an offense listed in this chapter that bars employment or that a conviction is a contraindication to employment with the consumers the facility serves, and if the applicant is a nurse aide, until the facility further verifies that the applicant is listed in the nurse aide registry and verifies that the applicant is listed is not designed in the registry as having a finding entered into the registry concerning abuse, neglect, or mistreatment of a consumer of a facility, or misappropriation of a consumer’s property.
I have not been convicted of the following offenses:
Sec. 250.006. CONVICTIONS BARRING EMPLOYEMENT.
A person for whom the facility is entitled to obtain criminal history record information may not be employed in a facility if the person has been convicted of an offense listed in this subsection:
Chapter 19, Penal Code (criminal homicide);
Chapter 20 Penal Code (kidnapping and unlawful restrain);
Section 21.02 (continuous sexual abuse of young child or children), or Section 21.11, Penal
Code (indecency with a child);
Section 22.011, Penal Code (sexual assault);
Section 22.02, Penal Code (aggravated assault);
Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);
Section 22.041, Penal Code (abandoning or endangering a child);
Section 22.08, Penal Code (aiding suicide);
Section 25.031, Penal Code (agreement to abduct from custody);
Section 25.08, Penal Code (sale or purchase of a child);
Section 28.02, Penal Code (arson);
Section 29.02, Penal Code (robbery);
Section 29.03, Penal Code (aggravated robbery);
Section 21.08, Penal Code (indecent exposure);
Section 21.12, Penal Code (improper relationship between educator and student);
Section 21.15, Penal Code (improper photography or visual recording);
Section 22.05, Penal Code (deadly conduct);
Section 22.021, Penal Code (aggravated sexual assault);
Section 22.07, Penal Code (terroristic threat);
Section 33.021, Penal Code (online solicitation of a minor);
Section 34.02, Penal Code (money laundering);
Section 35A.02, Penal Code (Medicaid fraud);
Section 42.09, Penal Code (cruelty to animals); or
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 by this subsection.
A person may not be employed in a position the duties of which involve direct contact with a consumer in a facility before the fifth anniversary of the date the person is convicted of:
Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;
Section 30.02, Penal Code (burglary);
Chapter 31, Penal Code (theft), that is punishable as a felony;
Section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony;
Section 32.46 Penal Code (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;
Section 37.12, Penal Code (false identification as a peace officer);
Section 42.01 (a) (7), (8), or (9), Penal Code (disorderly conduct).
For purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, 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, is not considered convicted of the offense for which the person received on deferred adjudication community supervision.
The agency will review any criminal conviction listed on the DPS report to determine if the conviction(s) meets the criteria as an automatic bar for employment.
If the agency believes a conviction may bar a person from employment in the agency, the agency will notify the applicant or employee/contractor as applicable. The notification will include a statement informing the person he may contact DPS to request an opportunity to be heard concerning the accuracy of the criminal history record information.
A facility shall immediately discharge any employee who is designated in the nurse aide registry or the employee misconduct registry established under Chapter 253 as having committed an act of abuse, neglect, or mistreatment of a consumer of a facility, or misappropriation of a consumer’s property, or whose criminal history check reveals conviction of a crime that bars employment or that the facility determines is a contraindication to employment as provided by this chapter.
The agency may request a criminal history conviction check on unlicensed employees at any time the agency determines appropriate.
I understand the criminal history records and the information they contain will not be released or otherwise disclosed to any person or entity other than myself, except on court order or my written consent.
I certify the information on this form contains no willful misinterpretation and the information given is true and complete to the best of my knowledge.