The following provisions apply when a private juvenile justice facility is operating under contract with a governmental entity as required by Sections 51.12, 51.125, and 51.126, Texas Family Code.
  (1) The juvenile probation department serving the county where the private facility is located is responsible for performing the checks and subscribing to the Fingerprint-Based Applicant Clearinghouse of Texas (FACT), as required under §344.300 of this chapter, for the private facility.
  (2) The department and the private facility must have a written agreement that:
    (A) authorizes the private facility to have access to information resulting from the criminal history checks;
    (B) limits the private facility's use of the information to the purpose for which it is given;
    (C) requires the private facility to ensure the confidentiality of the information; and
    (D) provides for sanctions if the private facility violates a requirement in subparagraphs (B) or (C) of this paragraph.
  (3) The private facility must provide the following information to the department in writing:
    (A) identifying information necessary for the department to conduct the criminal history checks as required by this chapter; and
    (B) notification within 10 calendar days after an individual subject to criminal history checks separates from employment, ceases to provide services, or transfers out of a position that requires criminal history checks.
  (4) The chief administrative officer or designee of the juvenile probation department serving the county where the private facility is located must notify the private facility in writing of the results of each initial criminal history check and each check required for renewal of certification.
  (5) The department must immediately notify the private facility administrator in writing if the department receives a FACT alert regarding an arrest, conviction, or deferred adjudication for any offense punishable by confinement or imprisonment for an individual who is employed by or provides services at the private facility.

Source Note: The provisions of this §344.330 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8044