Disqualifying Offenses

No person may serve with minors and vulnerable adults if he or she has ever been convicted of any disqualifying offense, been on probation or received deferred adjudication for any disqualifying offense, or has presently pending any criminal charges for any disqualifying offense until a determination of guilt or innocence is made, including any person who is presently on deferred adjudication.

Disqualifying offenses are:

       1.   A felony or misdemeanor classified as an Offense against the Person or Family or involves an offense against the person or family.

Examples: Offenses against a person include, but are not limited to, murder, assault, sexual assault, and abandoning or endangering a child or vulnerable adult. Offenses against the family include, but are not limited to bigamy, incest, and interference with child custody, enticing a child, and harboring a runaway child.

      2.    A felony or misdemeanor classified as an Offense against Public Order, Safety, or Decency.

Examples: Offenses against public order or decency include, but are not limited to prostitution, obscenity, sexual performance by a child, possession or promotion of child pornography, and disorderly conduct.

3.   A felony violation of any law intended to control the possession or distribution of any substance included as a controlled substance in the Texas Controlled Substance Act.

4.   A felony or misdemeanor classified as an Offense against Property, to the extent that those offenses are related to threats or risk of harm or violence.

Examples: Offenses against property include Robbery, Burglary of a Habitation, and Arson. Other offenses, such as theft by check, or fraud would not ordinarily be considered Disqualifying Offenses.

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