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SECTION 2. Sections
411.114(a)(2), (3), and (7), Government Code, are amended to read as
follows:
(2) The Department of Family
and Protective Services shall obtain from the department criminal history
record information maintained by the department that relates to a person
who is:
(A) an applicant for a
license, registration, certification, or listing under Chapter 42, Human
Resources Code;
(B) an owner, operator, or
employee of or an applicant for employment by a child-care facility,
child-placing agency, or family home licensed, registered, certified, or
listed under Chapter 42, Human Resources Code;
(C) a person 14 years of age
or older who will be regularly or frequently working or staying in a child-care facility or family home [while
children are being provided care], other than a child in the care of
the home or facility;
(D) except as provided by
Subsection (d), an applicant selected for a position with the
Department of Family and Protective Services, the duties of which include
direct delivery of protective services to children, elderly persons, or
persons with a disability;
(E) an employee of, an
applicant for employment with, or a volunteer or an applicant volunteer
with a business entity or person that contracts with the Department of
Family and Protective Services to provide direct delivery of protective
services to children, elderly persons, or persons with a disability, if the
person's duties or responsibilities include direct contact with children,
elderly persons, or persons with a disability;
(F) a registered volunteer with
the Department of Family and Protective Services;
(G) a person providing or
applying to provide in-home, adoptive, or foster care for children in the
care of the Department of Family and Protective Services and other persons
living in the residence in which the child will reside;
(H) a Department of Family
and Protective Services employee who is engaged in the direct delivery of
protective services to children, elderly persons, or persons with a
disability;
(I) an alleged perpetrator
in a report the Department of Family and Protective Services receives
alleging that the person has abused, neglected, or exploited a child, an
elderly person, or a person with a disability, provided that:
(i) the report alleges the
person has engaged in conduct that meets the applicable definition of
abuse, neglect, or exploitation under Chapter 261, Family Code, or Chapter
48, Human Resources Code; and
(ii) the person is not also
the victim of the alleged conduct;
(J) a person providing child
care for a child who is in the care of the Department of Family and
Protective Services and who is or will be receiving adoptive, foster, or
in-home care;
(K) through a contract with
a nonprofit management center, an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with a nonprofit, tax-exempt
organization that provides any service that involves the care of or access
to a child, an elderly person, or a person with a disability; or
(L) an applicant for a
child-care administrator or child-placing agency administrator license
under Chapter 43, Human Resources Code.
(3) In addition to the
criminal history record information the Department of Family and Protective
Services is required to obtain under Subdivision (2), the [The]
Department of Family and Protective Services is entitled to obtain from the
department criminal history record information maintained by the department
that relates to a person who is:
(A) an applicant for a
position with the Department of Family and Protective Services regardless
of the duties of the position, including a position described by
Subdivision (2)(D);
(B) a Department of
Family and Protective Services employee regardless of the duties of the
employee's position, including an employee described by Subdivision (2)(H);
(C) a volunteer or
applicant volunteer with the Department of Family and Protective Services
regardless of the duties to be performed, including a registered volunteer;
(D) an employee of, an
applicant for employment with, or a volunteer or an applicant volunteer
with an entity or person that contracts with the Department of Family and
Protective Services and has access to confidential information in the
department's records, if the employee, applicant, volunteer, or applicant
volunteer has or will have access to that confidential information;
(E) a person living in
the residence in which the alleged victim of the report resides, including
an alleged perpetrator in a report described by Subdivision (2)(I);
(F) a person providing,
at the request of the child's parent, in-home care for a child who is the
subject of a report alleging the child has been abused or neglected;
(G) a person providing,
at the request of the child's parent, in-home care for a child only if the
person gives written consent to the release and disclosure of the
information;
(H) a child who is
related to the caretaker, as determined under Section 42.002, Human
Resources Code, or any other person who resides in, is present in, or has
unsupervised access to a child in the care of a child-care facility or family home;
(I) a relative of a child
in the care of the Department of Family and Protective Services, to the
extent necessary to comply with Section 162.007, Family Code;
(J) a person providing or
applying to provide in-home, adoptive, or foster care for children to the
extent necessary to comply with Subchapter B, Chapter 162, Family Code;
(K) a person who
volunteers to supervise visitation under Subchapter B, Chapter 263, Family
Code;
(L) an employee of or
volunteer at, or an applicant for employment with or to be a volunteer at,
an entity that provides supervised independent living services to a young
adult receiving extended foster care services from the Department of Family
and Protective Services;
(M) a person 14 years of
age or older who will be regularly or frequently working or staying in a
host home that is providing supervised independent living services to a
young adult receiving extended foster care services from the Department of
Family and Protective Services;
(N) a volunteer or
applicant volunteer with a local affiliate in this state of Big Brothers
Big Sisters of America;
(O) a volunteer or
applicant volunteer with an organization that provides court-appointed
volunteer advocates for abused or neglected children;
(P) an employee,
volunteer, or applicant volunteer of a children's advocacy center under
Subchapter E, Chapter 264, Family Code, including a member of the governing
board of a center; or
(Q) any other person
with respect to whom the Department of Family and Protective Services
determines obtaining a criminal history record is necessary to ensure the
safety or welfare of a child, elderly person, or person with a disability,
subject to approval by the department and, as applicable, the Federal
Bureau of Investigation.
(7) The Department of Family
and Protective Services is not prohibited from releasing criminal history
record information obtained under this subsection to:
(A) the person who is the
subject of the criminal history record information;
(B) a [child-care
facility,] child-placing agency[, or family home] listed in
Subdivision (2) that is seeking to verify or approve a foster or
adoptive home under procedures authorized by Section 471(a)(20)(A), Social
Security Act (42 U.S.C. 671(a)(20)(A)) [employs or is considering
employing the person who is the subject of the criminal history record
information];
(C) [a person or business
entity described by Subdivision (2)(E) who uses or intends to use the
services of the volunteer or employs or is considering employing the person
who is the subject of the criminal history record information;
[(D) a person or business
entity who uses or intends to use the volunteer services of or who employs
or is considering employing the person who is the subject of the criminal
history record if the release of the record is related to the purpose for
which the record was obtained under Subdivision (3);
[(E)] an adult who
resides with an alleged victim of abuse, neglect, or exploitation of a
child, elderly person, or person with a disability and who also resides with
the alleged perpetrator of that abuse, neglect, or exploitation if:
(i) the alleged perpetrator
is the subject of the criminal history record information; and
(ii) the Department of
Family and Protective Services determines that the release of information
to the adult is necessary to ensure the safety or welfare of the alleged
victim or the adult; or
(D) [(F)] an
elderly or disabled person who is an alleged victim of abuse, neglect, or
exploitation and who resides with the alleged perpetrator of that abuse,
neglect, or exploitation if:
(i) the alleged perpetrator
is the subject of the criminal history record information; and
(ii) the Department of
Family and Protective Services determines that the release of information
to the elderly or disabled person or adult is necessary to ensure the
safety or welfare of the elderly or disabled person.
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SECTION 2. Sections
411.114(a)(2), (3), and (7), Government Code, are amended to read as
follows:
(2) The Department of Family
and Protective Services shall obtain from the department criminal history
record information maintained by the department that relates to a person
who is:
(A) an applicant for a
license, registration, certification, or listing under Chapter 42, Human
Resources Code;
(B) an owner, operator, or
employee of or an applicant for employment by a child-care facility,
child-placing agency, or family home licensed, registered, certified, or
listed under Chapter 42, Human Resources Code;
(C) a person 14 years of age
or older who will be regularly or frequently working or staying in a [child-care] facility or family
home [while children are being provided care], other than a child in
the care of the home or facility;
(D) except as provided by
Subsection (d), an applicant selected for a position with the
Department of Family and Protective Services, the duties of which include
direct delivery of protective services to children, elderly persons, or
persons with a disability;
(E) an employee of, an
applicant for employment with, or a volunteer or an applicant volunteer
with a business entity or person that contracts with the Department of
Family and Protective Services to provide direct delivery of protective
services to children, elderly persons, or persons with a disability, if the
person's duties or responsibilities include direct contact with children,
elderly persons, or persons with a disability;
(F) a registered volunteer
with the Department of Family and Protective Services;
(G) a person providing or
applying to provide in-home, adoptive, or foster care for children in the
care of the Department of Family and Protective Services and other persons
living in the residence in which the child will reside;
(H) a Department of Family
and Protective Services employee who is engaged in the direct delivery of
protective services to children, elderly persons, or persons with a
disability;
(I) an alleged perpetrator
in a report the Department of Family and Protective Services receives
alleging that the person has abused, neglected, or exploited a child, an
elderly person, or a person with a disability, provided that:
(i) the report alleges the
person has engaged in conduct that meets the applicable definition of
abuse, neglect, or exploitation under Chapter 261, Family Code, or Chapter
48, Human Resources Code; and
(ii) the person is not also
the victim of the alleged conduct;
(J) a person providing child
care for a child who is in the care of the Department of Family and
Protective Services and who is or will be receiving adoptive, foster, or
in-home care;
(K) through a contract with
a nonprofit management center, an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with a nonprofit, tax-exempt
organization that provides any service that involves the care of or access
to a child, an elderly person, or a person with a disability; or
(L) an applicant for a
child-care administrator or child-placing agency administrator license
under Chapter 43, Human Resources Code.
(3) In addition to the
criminal history record information the Department of Family and Protective
Services is required to obtain under Subdivision (2), the [The]
Department of Family and Protective Services is entitled to obtain from the
department criminal history record information maintained by the department
that relates to a person who is:
(A) an applicant for a
position with the Department of Family and Protective Services regardless
of the duties of the position, including a position described by
Subdivision (2)(D);
(B) a Department of
Family and Protective Services employee regardless of the duties of the
employee's position, including an employee described by Subdivision (2)(H);
(C) a volunteer or
applicant volunteer with the Department of Family and Protective Services
regardless of the duties to be performed, including a registered volunteer;
(D) an employee of, an
applicant for employment with, or a volunteer or an applicant volunteer
with an entity or person that contracts with the Department of Family and
Protective Services and has access to confidential information in the
department's records, if the employee, applicant, volunteer, or applicant
volunteer has or will have access to that confidential information;
(E) a person living in
the residence in which the alleged victim of the report resides, including
an alleged perpetrator in a report described by Subdivision (2)(I);
(F) a person providing,
at the request of the child's parent, in-home care for a child who is the
subject of a report alleging the child has been abused or neglected;
(G) a person providing,
at the request of the child's parent, in-home care for a child only if the
person gives written consent to the release and disclosure of the
information;
(H) a child who is
related to the caretaker, as determined under Section 42.002, Human
Resources Code, or any other person who resides in, is present in, or has
unsupervised access to a child in the care of a facility or family home;
(I) a relative of a child
in the care of the Department of Family and Protective Services, to the
extent necessary to comply with Section 162.007, Family Code;
(J) a person providing or
applying to provide in-home, adoptive, or foster care for children to the
extent necessary to comply with Subchapter B, Chapter 162, Family Code;
(K) a person who
volunteers to supervise visitation under Subchapter B, Chapter 263, Family
Code;
(L) an employee of or
volunteer at, or an applicant for employment with or to be a volunteer at,
an entity that provides supervised independent living services to a young
adult receiving extended foster care services from the Department of Family
and Protective Services;
(M) a person 14 years of
age or older who will be regularly or frequently working or staying in a
host home that is providing supervised independent living services to a
young adult receiving extended foster care services from the Department of
Family and Protective Services;
(N) a volunteer or
applicant volunteer with a local affiliate in this state of Big Brothers
Big Sisters of America;
(O) a volunteer or
applicant volunteer with an organization that provides court-appointed
volunteer advocates for abused or neglected children; or
(P) an employee,
volunteer, or applicant volunteer of a children's advocacy center under
Subchapter E, Chapter 264, Family Code, including a member of the governing
board of a center [with respect
to whom the Department of Family and Protective Services determines
obtaining a criminal history record is necessary to ensure the safety or
welfare of a child, elderly person, or person with a disability].
(7) The Department of Family
and Protective Services is not prohibited from releasing criminal history
record information obtained under this subsection to:
(A) the person who is the
subject of the criminal history record information;
(B) a [child-care
facility,] child-placing agency[, or family home] listed in
Subdivision (2) that is seeking to verify or approve a foster or
adoptive home under procedures authorized by Section 471(a)(20)(A), Social
Security Act (42 U.S.C. Section
671(a)(20)(A)) [employs or is considering employing the person who
is the subject of the criminal history record information];
(C) [a person or business
entity described by Subdivision (2)(E) who uses or intends to use the
services of the volunteer or employs or is considering employing the person
who is the subject of the criminal history record information;
[(D) a person or business
entity who uses or intends to use the volunteer services of or who employs
or is considering employing the person who is the subject of the criminal
history record if the release of the record is related to the purpose for
which the record was obtained under Subdivision (3);
[(E)] an adult who
resides with an alleged victim of abuse, neglect, or exploitation of a
child, elderly person, or person with a disability and who also resides
with the alleged perpetrator of that abuse, neglect, or exploitation if:
(i) the alleged perpetrator
is the subject of the criminal history record information; and
(ii) the Department of
Family and Protective Services determines that the release of information
to the adult is necessary to ensure the safety or welfare of the alleged
victim or the adult; or
(D) [(F)] an
elderly or disabled person who is an alleged victim of abuse, neglect, or
exploitation and who resides with the alleged perpetrator of that abuse,
neglect, or exploitation if:
(i) the alleged perpetrator
is the subject of the criminal history record information; and
(ii) the Department of
Family and Protective Services determines that the release of information
to the elderly or disabled person or adult is necessary to ensure the
safety or welfare of the elderly or disabled person.
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SECTION 4. Section 42.056,
Human Resources Code, is amended by amending Subsections (a), (a-2), (a-5),
(b), (b-1), and (g) and adding Subsections (a-3) and (b-2) to read as
follows:
(a) The [In
accordance with rules adopted by the executive commissioner, the]
director, owner, or operator of a [child-care] facility[,
child-placing agency,] or family home shall[, when applying to
operate a child-care facility or child-placing agency or when listing or
registering a family home and at least once during each 24 months after
receiving a license, listing, registration, or certification of approval,]
submit to the department the names of the following individuals, who
must have [for use in conducting] background [and criminal
history] checks as described by this section and in accordance with
rules adopted by the executive commissioner [the name of]:
(1) the director, owner, and
operator of the facility, agency, or home;
(2) each person employed at
the facility, agency, or home;
(3) each prospective
employee of the facility, agency, or home;
(4) each person who
provides care or supervision to children in the care of the facility,
agency, or home under a contract with the facility, agency, or home;
(5) each current or
prospective foster parent providing foster care through a child-placing
agency;
(6) [(5)] each
prospective adoptive parent seeking to adopt through a child-placing
agency;
(7) [(6)] each
person at least 14 years of age, other than a client in care, who:
(A) is counted in
child-to-caregiver ratios in accordance with the minimum standards of the
department;
(B) will reside in a
prospective adoptive home if the adoption is through a child-placing
agency;
(C) has unsupervised access
to children in care at the facility or family home; or
(D) resides in the facility
or family home; or
(8) [(7)] each
person 14 years of age or older, other than a client in care, who will
regularly or frequently be staying or working at a facility, family home,
or prospective adoptive home, while children are being provided care.
(a-2) In accordance with
rules adopted by the executive commissioner, a person [the
director, owner, or operator of a residential child-care facility, listed
or registered family home, group day-care home, day-care center,
before-school or after-school program, or school-age program] shall
submit a complete set of fingerprints if:
(1) the [of each]
person [whose name] is required to have a background check under
Subsections (a)(1)-(7);
(2) the person resided in
another state during [be submitted by] the five years
preceding the date [director, owner, or operator under Subsection
(a), unless the person is only required to have] the person's name was
required to be submitted under [based on criteria specified
by] Subsection (a); or
(3) the director, owner,
or operator has reason to suspect that the person has a criminal history in
another state [(a)(7)].
(a-3) Subsection (a-2)(1)
[This subsection] does not apply to a family home that is subject to
regulation by the department under Section 42.0523.
(a-5) The rules adopted by
the executive commissioner under Subsection [Subsections]
(a-2) [and (a-4)]:
(1) must require that the
fingerprints be submitted in a form and of a quality acceptable to the
Department of Public Safety and the Federal Bureau of Investigation for
conducting a criminal history check;
(2) may require that the
fingerprints be submitted electronically through an applicant
fingerprinting service center; and
(3) may allow the department
to waive the submission of fingerprints required by this section if:
(A) the person for whom the
submission is required has:
(i) a fingerprint-based
criminal history record check on file with the department; or
(ii) a fingerprint-based
criminal history clearinghouse record, as provided by Section 411.0845,
Government Code, that is accessible to the department through the
Department of Public Safety; and
(B) the department has an
active subscription to the Federal Bureau of Investigation's national rap
back service for the person for whom the [date on which the current]
submission [of fingerprints] is required [occurs before the
second anniversary of a previous name-based criminal history check of the
person].
(b) The department shall
conduct background [and criminal history] checks using:
(1) the information provided
under Subsection (a);
(2) the information made
available by the Department of Public Safety under Section 411.114,
Government Code, or by the Federal Bureau of Investigation or other
criminal justice agency under Section 411.087, Government Code; [and]
(3) the department's records
of reported abuse and neglect; and
(4) any other registry,
repository, or database required by federal law.
(b-1) For [In
addition to any other background or criminal history check conducted under
Subsection (b), for] each person whose fingerprints are submitted under
Subsection (a-2) [or (a-4)], the department shall conduct a state
and Federal Bureau of Investigation criminal history check by:
(1) submitting the person's
fingerprints, or causing the fingerprints to be submitted electronically,
to the Department of Public Safety for the purpose of conducting a state
and federal criminal history check; and
(2) using the resulting
information made available by that department under Section 411.114,
Government Code, and by the Federal Bureau of Investigation and any other
criminal justice agency under Section 411.087, Government Code.
(b-2) For each person
required to have a background check under Subsection (a), but who is not
required to submit fingerprints for a Federal Bureau of Investigations
criminal history check under Subsection (a-2):
(1) the person shall have
a name-based check instead of a fingerprint check; and
(2) the director, owner,
or operator of the child-care facility, child-placing agency, or family
home shall submit the name of the person each 24 months after last
submitting the person's name to the department for use in conducting a
background check.
(g) Except as otherwise
provided by this subsection, a person whose name is submitted under
Subsection (a) may not provide direct care or have direct access to a child
in a facility or family home before the person's background check is
[and criminal history checks under Subsections (b) and (b-1) are]
completed. A person may be employed at a facility or family home and may
provide direct care or have direct access to a child in the facility or
family home before the person's criminal history check under Subsection
(b-1) is completed if:
(1) the facility or family
home is experiencing a staff shortage;
(2) the Federal Bureau of
Investigations fingerprint [state criminal history] check and
the background check using the department's records of reported abuse and
neglect have been completed under Subsection (b), and the resulting
information does not preclude the person from being present at the facility
or family home; and
(3) the person does not
have unsupervised access to any child in care [person's fingerprints
are submitted as soon as possible, but not later than the 30th day after
the earliest of the date on which the person first:
[(A) provides direct care
to a child;
[(B) has direct access to
a child; or
[(C) is hired].
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SECTION 4. Effective January 1, 2018, Section
42.056, Human Resources Code, is amended by amending Subsections (a),
(a-2), (a-5), (b), (b-1), and (g) and adding Subsections (a-3) and (b-2) to
read as follows:
(a) The [In
accordance with rules adopted by the executive commissioner, the] director,
owner, or operator of a [child-care] facility[, child-placing
agency,] or family home shall[, when applying to operate a
child-care facility or child-placing agency or when listing or registering
a family home and at least once during each 24 months after receiving a
license, listing, registration, or certification of approval,] submit
to the department the names of the following individuals, who must have
[for use in conducting] background [and criminal history]
checks as described by this section and in accordance with rules adopted
by the executive commissioner [the name of]:
(1) the director, owner, and
operator of the facility, agency, or home;
(2) each person employed at
the facility, agency, or home;
(3) each prospective
employee of the facility, agency, or home;
(4) each person who
provides care or supervision to children in the care of the facility,
agency, or home under a contract with the facility, agency, or home;
(5) each current or
prospective foster parent providing foster care through a child-placing
agency;
(6) [(5)] each
prospective adoptive parent seeking to adopt through a child-placing
agency;
(7) [(6)] each
person at least 14 years of age, other than a client in care, who:
(A) is counted in
child-to-caregiver ratios in accordance with the minimum standards of the
department;
(B) will reside in a
prospective adoptive home if the adoption is through a child-placing
agency;
(C) has unsupervised access
to children in care at the facility or family home; or
(D) resides in the facility
or family home; or
(8) [(7)] each
person 14 years of age or older, other than a client in care, who will
regularly or frequently be staying or working at a facility, family home,
or prospective adoptive home, while children are being provided care.
(a-2) In accordance with
rules adopted by the executive commissioner, a person [the
director, owner, or operator of a residential child-care facility, listed
or registered family home, group day-care home, day-care center,
before-school or after-school program, or school-age program] shall
submit a complete set of fingerprints if:
(1) the [of each]
person [whose name] is required to have a background check under
Subsections (a)(1)-(7);
(2) the person resided in
another state during [be submitted by] the five years
preceding the date [director, owner, or operator under Subsection
(a), unless the person is only required to have] the person's name was
required to be submitted under [based on criteria specified
by] Subsection (a); or
(3) the director, owner,
or operator has reason to suspect that the person has a criminal history in
another state [(a)(7)].
(a-3) Subsection (a-2)(1)
[This subsection] does not apply to a family home that is subject to
regulation by the department under Section 42.0523.
(a-5) The rules adopted by
the executive commissioner under Subsection [Subsections]
(a-2) [and (a-4)]:
(1) must require that the
fingerprints be submitted in a form and of a quality acceptable to the
Department of Public Safety and the Federal Bureau of Investigation for
conducting a criminal history check;
(2) may require that the
fingerprints be submitted electronically through an applicant
fingerprinting service center; and
(3) may allow the department
to waive the submission of fingerprints required by this section if:
(A) the person for whom the
submission is required has:
(i) a fingerprint-based
criminal history record check on file with the department; or
(ii) a fingerprint-based
criminal history clearinghouse record, as provided by Section 411.0845,
Government Code, that is accessible to the department through the
Department of Public Safety; and
(B) the department has an
active subscription to the Federal Bureau of Investigation's national rap
back service for the person for whom the [date on which the current]
submission [of fingerprints] is required [occurs before the
second anniversary of a previous name-based criminal history check of the
person].
(b) The department shall
conduct background [and criminal history] checks using:
(1) the information provided
under Subsection (a);
(2) the information made
available by the Department of Public Safety under Section 411.114,
Government Code, or by the Federal Bureau of Investigation or other
criminal justice agency under Section 411.087, Government Code; [and]
(3) the department's records
of reported abuse and neglect; and
(4) any other registry,
repository, or database required by federal law.
(b-1) For [In
addition to any other background or criminal history check conducted under
Subsection (b), for] each person whose fingerprints are submitted under
Subsection (a-2) [or (a-4)], the department shall conduct a state
and Federal Bureau of Investigation criminal history check by:
(1) submitting the person's
fingerprints, or causing the fingerprints to be submitted electronically,
to the Department of Public Safety for the purpose of conducting a state
and federal criminal history check; and
(2) using the resulting
information made available by that department under Section 411.114,
Government Code, and by the Federal Bureau of Investigation and any other
criminal justice agency under Section 411.087, Government Code.
(b-2) For each person
required to have a background check under Subsection (a), but who is not
required to submit fingerprints for a Federal Bureau of Investigations
criminal history check under Subsection (a-2):
(1) the person shall have
a name-based check instead of a fingerprint check; and
(2) the director, owner,
or operator of the child-care facility, child-placing agency, or family
home shall submit the name of the person each 24 months after last
submitting the person's name to the department for use in conducting a
background check.
(g) Except as otherwise
provided by this subsection, a person whose name is submitted under
Subsection (a) may not provide direct care or have direct access to a child
in a facility or family home before the person's background check is
[and criminal history checks under Subsections (b) and (b-1) are]
completed. A person may be employed at a facility or family home and may
provide direct care or have direct access to a child in the facility or
family home before the person's criminal history check under Subsection
(b-1) is completed if:
(1) the facility or family
home is experiencing a staff shortage;
(2) the Federal Bureau of
Investigations fingerprint [state criminal history] check and
the background check using the department's records of reported abuse and
neglect have been completed under Subsection (b), and the resulting
information does not preclude the person from being present at the facility
or family home; and
(3) the person does not
have unsupervised access to any child in care [person's fingerprints
are submitted as soon as possible, but not later than the 30th day after
the earliest of the date on which the person first:
[(A) provides direct care
to a child;
[(B) has direct access to
a child; or
[(C) is hired].
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