Licensing considers the following factors when determining if a person, including the subject of a background check, or an operation is an immediate threat to the health or safety of children:
  (1) The severity of the deficiency, including abuse or neglect;
  (2) The circumstances surrounding the deficiency, including abuse or neglect;
  (3) The seriousness of any injuries to children;
  (4) The length of time since the deficiency, including abuse or neglect, occurred;
  (5) Whether the deficiency has been repeated;
  (6) The compliance history of the operation;
  (7) The current regulatory status of the operation;
  (8) How quickly corrections to the deficiency can be made;
  (9) If any corrections have already been made;
  (10) The role of the person in the abuse or neglect;
  (11) The current position, role, and responsibilities of the person; and
  (12) The degree and immediacy of the threat or danger.

Source Note: The provisions of this §745.751 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963