(a) Before hiring an applicant for a position, you must complete the applicant's reference checks by:
  (1) Obtaining from the applicant the name and contact information of at least two individuals unrelated to the applicant who can serve as references by answering questions related to the applicant's suitability to work with or around children; and
  (2) Contacting each of the two required references to verify that the applicant is suitable to work with or around children. You may contact the reference through an interview or in writing.
(b) For an applicant who is currently or was previously employed in a position responsible for providing care or services to children within the past five years, at least one of the reference checks required in subsection (a) of this section must be a current or prior employer who has supervised or is otherwise familiar with the history and performance of the applicant in that capacity.
(c) For any reference check you are unsuccessful in completing as required by subsection (a) or (b) of this section, you must document:
  (1) Any refusal by the reference to provide the information; or
  (2) Your diligent efforts to contact the reference, which must include more than one attempt to contact a reference who is not permanently unreachable. If the reference is permanently unreachable, your documentation must include the reason why you made that determination. Examples of a reference being unreachable include:
    (A) The reference is out of business and there is no alternative contact information to obtain information from the employer; or
    (B) The reference is deceased; and
  (3) Your assessment of the applicant's suitability to work with or around children.
(d) For each person you hire, you must maintain in the employee's personnel file:
  (1) Documentation of each reference check that includes:
    (A) The reference's name;
    (B) The relation of the reference to the applicant;
    (C) The reference's contact information;
    (D) The date you completed the check;
    (E) Information you obtained from the check, documented as:
      (i) A summary of the interview; or
      (ii) A copy of the written information provided by the reference; and
    (F) If you conducted the check through an interview, the name of the person who interviewed the reference; and
  (2) If you were unsuccessful in completing a reference check, documentation required by subsection (c) of this section.
(e) This rule applies only to applicants who seek employment with your operation on or after August 9, 2023.

Source Note: The provisions of this §748.753 adopted to be effective August 9, 2023, 48 TexReg 3280