(a) Department or facility policy must prohibit direct, unsupervised access to juveniles in a juvenile justice program or facility by the following:
  (1) any person with a disqualifying criminal history as described in §344.400 of this chapter; and
  (2) any person with a criminal history described in §344.410(a) of this chapter, unless the person's criminal history has been reviewed by TJJD or the juvenile board or designee, as appropriate, and the review results in a determination that the person is not ineligible for certification, employment, or service in the position.
(b) A criminal history check as described in this section must be conducted for:
  (1) an individual who is in a position requiring certification;
  (2) an individual who is in a position eligible for optional certification who is seeking certification; and
  (3) an individual who may have direct, unsupervised access to juveniles in a juvenile justice facility or program and who is:
    (A) an employee in a position neither requiring certification nor eligible for optional certification;
    (B) an employee in a position eligible for optional certification who is not seeking certification;
    (C) a volunteer;
    (D) an intern; or
    (E) an individual who provides goods or services under contract on the premises of a juvenile justice facility or program, except as provided in subsection (c) of this section.
(c) A criminal history check as specified in this section is not required for employees of a public school district who:
  (1) provide services in a juvenile justice facility or program; and
  (2) have completed all criminal history checks required by the Texas Education Agency.
(d) Before any individual listed in subsection (b) of this section begins employment or service provision:
  (1) the department or facility must ensure the individual has electronically submitted fingerprints using Fingerprint Applicant Services of Texas (FAST) and verify that the department is able to subscribe to the individual's Fingerprint-Based Applicant Clearinghouse of Texas (FACT) record;
  (2) the department must subscribe to that individual's record in FACT; and
  (3) the department must ensure the criminal history is reviewed as specified in this chapter and must ensure the reviewing entity has determined the person is not ineligible for certification, employment, or providing services based on the person's criminal history, in accordance with this chapter.
(e) The department must maintain a FACT subscription for each individual in a position requiring a criminal history check for as long as the individual remains in such a position. This requirement applies regardless of the date employment or service provision began.
(f) The requirements of this section do not apply to the juvenile's attorney, family members, managing conservator, guardians, individuals listed as a juvenile's approved visitors, or any other individual not listed in subsection (b) of this section.

Source Note: The provisions of this §344.300 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8044