(1) Scope of Rules. These rules are applicable to the licensing of child care centers that care for thirteen (13) or more children, ages six (6) weeks - seventeen (17) years of age for less than twenty-four (24) hours per day as defined by T.C.A. §§ 71-3-501 et seq. Any conflict between this Chapter and any other rules of the Department concerning the licensing procedures and regulations governing child care center standards and licensing and appeal procedures for child care centers shall be resolved by reference to these rules.
(2)Purpose of Licensing. The primary purpose of licensing is the protection of children. These minimum requirements seek to maintain the adequate health, safety, and supervision of children while in a group care setting. The secondary purpose of licensing is to promote developmentally appropriate child care.
Authority: T.C.A. §§4-5-202, 71-1-105(5), 71-3-501 et seq., and 71-3-502(a)(2). Administrative History: Original rule certified June 10, 1974. Amendment filed April 3, 1980; effective May 18, 1980. Repeal and new rule filed October 6, 1986; effective November 20, 1986. Amendment filed April 22, 1992; effective June 6, 1992. Repeal and new rule filed May 26, 1998; effective August 9, 1998. Stay of effective date of repeal and new rule filed July 21, 1998; new effective date August 31, 1998. Stay of effective date filed by the Government Operations Committee of the Tennessee General Assembly on August 28, 1998; new effective date October 31, 1998. Repeal and new rule filed June 20, 2006; effective September 3, 2006.
For purposes of this Chapter, the following definitions are applicable:
(1) Administrative Hearing. A fair hearing that is held under the Administrative Procedures Act rather than in a court of law. The purpose of the hearing is to allow an agency the opportunity to challenge licensing enforcement actions taken by the Department.
(2) Annual License. An annual permit issued by the Department to a child agency, authorizing the licensee to provide child care in accordance with provisions of the license, the law, and requirements (rules) of the Department.
(3)Applicant. The owner or owner's authorized representative who is required, pursuant to the provisions of these rules, to sign the application for a license.
(4) Auxiliary staff. Full and part-time employees of the agency who provide non-caregiving services.
(5) Capacity. The maximum number of children who can be physically located in the child care space at any given point in time. See also, "Licensed Capacity".
(6)Caregiver. An individual, whether paid or unpaid, including the Primary Caregiver, who is responsible for meeting the supervision, protection, and basic needs of the child, and who is used to meet the adult:child ratios required by these rules.
(7) C.C.P. Certified Childcare Professional. An early childhood educational credential granted by the National Child Care Association.
(8) C.D.A. Child Development Associate. An early childhood educational credential granted by the National Council for Professional Recognition.
(9)Child or Children. A person or persons under eighteen (18) years of age.
(10)Child Care. As defined by T.C.A. § 71-3-501, the provision of supervision and protection, and, at a minimum, meeting the basic needs, of a child or children for less than twenty-four (24) hours a day.
(11) Child Care Center. "Child care center" means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least thirteen (13) children who are not related to the primary caregiver; provided, that a child care agency shall not be classified as a "child care center" that operates as a "group child care home" and keeps three (3) additional school-age children as permitted in subdivision (27); provided, further, that all children, related or unrelated shall be counted in the adult-to-child supervision ratios and group sizes applicable to child care centers; with the exception, that if the child care center is operated in the occupied residence of the primary caregiver, children nine (9) years of age or older who are related to the primary caregiver will not be counted in determining the adult-to-child supervision ratios or group sizes applicable to child care centers if such children are provided a separate space from that occupied by the child care center. The Department may permit children in the separate space to interact with the children in the licensed child care center in such manner as it may determine is appropriate.
(12) Child Care Agency. "Child care agency" or "agency" means, and only where the context requires in any other provision of law:
(a) A place or facility, regardless of whether it is currently licensed, that is operated as a "family child care home", a "group child care home", a "child care center", or a "drop-in center", as those terms are defined in this part; or
(b) A place or facility that provides child care for three (3) or more hours per day for five (5) or more children who are not related to the primary caregiver.
(13)Child Care System. The existence of two (2) or more facilities used for child care purposes which are under the ownership, administration, or control of any individual(s), corporation, partnership, cooperative, or other public or private entity of any kind.
(14)Commissioner. The executive head of the Department of Human Services, appointed by the Governor.
(15)Conventional Care. Child care services provided between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday.
(16)Day Care. Synonymous with definition of "child care", above.
(17)Department (DHS). The Tennessee Department of Human Services and its authorized representatives.
(18) Developmentally Appropriate. Practices which use a knowledge of child development to identify the range of appropriate behaviors, activities, and materials for a specific age group. This knowledge is used in conjunction with an understanding about individual children's growth patterns, strengths, interests, and experiences to design the most appropriate learning environment. A developmentally appropriate curriculum provides for all areas of a child's development, physical, emotional, social, and cognitive, through an integrated approach.
(19)Director. The on-site manager for the agency who has overall responsibility for the daily oversight of all staff and direct child care services.
(20) Drop-In Child Care Center. A place or facility operated by any person or entity providing child care, at the same time, for fifteen (15) or more children, who are not related to the primary caregiver, for short periods of time, not to exceed fourteen (14) hours per week and for not more than seven (7) hours per day for any individual child during regular working hours, Monday - Friday 6:00 a.m. to 6:00 p.m.; provided, however, that a drop-in center may provide such child care during evenings after 6:00 p.m. and weekends, Friday, 6:00 p.m. - Sunday, 10:00 p.m., so long as the drop-in center provides no more than a total of twenty (20) hours per week, exclusive of snow days, defined as days when the school of the affected child is closed; provided, further, that drop-in centers may provide such care during snow days; provided, however, that, notwithstanding any other requirements of this part, training requirements for the staff of this class of child care agency shall be limited to basic health and safety precautions and the detection and reporting of child abuse and neglect for children in care; provided, further, that, notwithstanding any other provision of this chapter to the contrary, drop-in centers operated by not-for-profit organizations that provide child care for no more than two (2) hours per day with a maximum of ten (10) hours per week without compensation, while the parent or other custodian is engaged in short-term activities on the premises of the organization, shall register as providing casual care and shall not be deemed to be a drop-in center or regulated as a drop-in center.
(21)Exemption. A finding by the Department that, pursuant to the provisions of T.C.A. § 71-3-503, a program involving children is not required to be licensed by the Department of Human Services.
(22)Extended Care. Child care services offered between the hours of 6:00 p.m. and 6:00 a.m., Monday through Friday, and weekend child care.
(23) Family Child Care Home. Any place or facility that is operated by any person or entity that provides child care for three (3) or more hours per day for at least five (5) children but not more than seven (7) children who are not related to the primary caregiver; provided, that the maximum number of children present in the family child care home, including related children of the primary caregiver shall not exceed twelve (12), with the exception that, if the family child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a "family child care home" if those children are provided a separate space from that occupied by the family child care home. The Department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is appropriate.
(24)Field Trip. Any off-site activity that is not a part of the regular curriculum of the child care agency and which occurs away from the general premises of the child care agency's licensed facility and beyond reasonable walking distance.
(a) In order to meet the requirement that the trip not be a part of the regular curriculum, the trip must be an occasional activity that does not represent a regular, ongoing service or program of the agency.
(b)Regularly-scheduled trips (for example, weekly trips) do not meet the definition of a field trip, regardless of whether the regularly-scheduled trips are to different destinations.
(25)Foster Home. A home approved by the Department of Children's Services or a licensed child-placing agency for the residential care of children. Any other agency type that may place children with surrogate families is not considered a "Foster Home" for the purposes of these Rules.
(26)Group. A specific number of children comprising a specific age range and assigned to specific staff in an assigned space that is divided from the space of other groups by a recognizable barrier.
(27) Group Child Care Home. Any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least eight (8) children who are not related to the primary caregiver; provided, however, that the maximum number of children present in a group child care home, including those related to the primary caregiver, shall not exceed twelve (12) children, with the exception that, if the group child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a group child care home, if those children are provided a separate space from that occupied by the group child care home; and, provided, further, that up to three (3) additional school-age children, related or unrelated to the primary caregiver, may be received for child care before and after school, on school holidays, on school snow days and during summer vacation. The Department may permit children in the separate space to interact with the children in the licensed group child care home in such manner as it may determine is appropriate.
(28)Home School. For the purposes of these rules home schooling is defined as the provision of full-time educational services, as recognized by the Department of Education, to a child by the child's parent in the child's primary residence.
(29)Infant. A child who is six (6) weeks through fifteen (15) months of age.
(30)Law. Statutory or regulatory provisions affecting the operation of a child care agency including, but not limited to, the licensing law as contained in T.C.A. §§ 71-3-501 through 71-3-513, Chapter 12404-5, and these rules.
(31)Licensee. The owner, as defined by these rules, to whom a license to operate a child care facility is issued.
(32)Licensed Capacity. The designated maximum number of children permitted in a facility as determined by the Department based upon available space, age of children, adult:child ratios, and group size. Licensed capacity shall be designated on the license.
(33)Meal. Meat or meat substitute, vegetable and/or fruit, bread or bread product, and fluid milk.
(34)Off-Site Activity. Any activity which occurs away from the general premises of the child care agency's licensed facility and beyond reasonable walking distance.
(35)Operator. The individual who is an owner or administrator of a child care agency or child care system.
(36)Owner. The individual(s), corporation, partnership, cooperative, or other private or public entity of any kind, or any combination thereof, who or which, either individually or through their authorized representatives, assume, or is legally required to assume, ultimate legal and administrative responsibility for the management and control of a child care agency.
(37)Parent. A biological, legal, or adoptive parent, and includes, for purposes of this Chapter, a guardian, legal or physical custodian or other caretaker of a child, any of whom has primary responsibility for a child.
(38)Physical Restraint. As used in these rules, a therapeutic safe-hold method of temporarily restraining a child who is at imminent risk of serious self-inflicted injury which is performed by trained personnel after all other methods of alleviating the danger to the child have failed.
(a) The term "safe-hold" includes any technique through which an adult attempts to immobilize a violent child by wrapping their limbs around the child. The term does not include holds administered for the sole purpose of providing comfort or security to a distressed child.
(b) The term "serious self-inflicted injury" includes, but is not limited to, violent outbursts in which a child throws himself/herself against a wall, is hitting or cutting himself/herself, etc.
(39)Preschool Child. A general term for any child who is six (6) weeks through five (5) years of age and not in kindergarten, including children who are more specifically defined under this subchapter as an "Infant" or a "Toddler".
(40)Related. As used in this Chapter, any children of the following relationships by marriage, blood, or adoption: children, step-children, grandchildren, siblings, step-siblings, nieces, and nephews of the primary caregiver. The term related includes any "grand" or "great" relationship (e.g., great niece, great grandchild, etc.) within the relationships indicated.
(41)School-age Child. A child who is five (5) years of age and enrolled in kindergarten through seventeen
(17) years of age. A five (5) year-old may be classified as a school-age child in the summer immediately preceding the child's fall entry into kindergarten.
(42)Sick Child Care. The provision, for three (3) or more hours per day and less than twenty-four (24) hours per day, of the supervision, protection, and meeting the basic needs of children who have short term illness, symptoms of illness, or who have a medical or technological dependency that requires continuous nursing intervention.
(43)Snack. A fluid drink and two (2) of the following components, provided, however, that a fluid drink shall not be required if a fluid drink is chosen as one of these components:
(b) Bread or bread alternates;
(c) Meat or meat alternates; or
(44)Staff. Full and part-time caregivers, employees, or unpaid volunteers of the agency.
(45) Substitute. Paid or unpaid persons who are replacements for regular staff.
(46)Supervision. For the purposes of this Chapter, when children are not within the direct sight and sound of an adult, the term "supervision" means the following requirements:
(a) Children six (6) weeks of age through nine (9) years of age:
1.The adult must be able to hear the child at all times, must be able to see the child with a quick glance, and must be able to physically respond immediately.
2.Exception during mealtime: An adult must be in the direct sight and sound of children ages six (6) weeks through five (5) years, not in kindergarten, while the child is eating.
(b)Children ten (10) years of age and older:
1.The adult shall know the whereabouts and activities of the children at all times and must be able to physically respond immediately.
2.Each child shall be greeted and received by the specific caregiver assigned who will have ultimate responsibility and accountability for their supervision, oversight and care.
(c)Mixed-age Groups. When children ages ten (10) years or above are grouped with children under ten (10) years of age, the minimum supervision requirements for children ages six (6) weeks through nine (9) years, as set forth in subparagraph (a) above, shall be followed.
(d) Helper devices such as mirrors, electronic sound monitors, etc. may be used as appropriate to meet these requirements.
(47)Temporary License. A permit issued by the Department to a new child care agency allowing and authorizing the temporary licensee to begin child care operations while the agency attempts to attain full compliance with all other applicable regulations. The temporary license is valid, unless suspended, for one hundred twenty (120) days or until the Department grants or denies the application for an annual license.
(48)Toddler. A child who is twelve (12) months through thirty (30) months of age.
(49)Vehicle for Child Care. Any vehicle that is under the direction or control of the child care agency or which is utilized by the child care agency through contract or other agreement, and which is used to provide transportation for children enrolled in the agency, including all vehicles owned or operated by the agency, by a contractor for the agency, or by any other third party providing services to or on behalf of the agency.
(50)Volunteer. A person who provides services for a child care agency without payment and who is used to supplement the regular staff or substitutes, but who is not used to meet the required adult:child ratios; provided, however, that volunteers can be used to meet the required adult:child ratios at the field trip destination.
(51)Youth. A person who is ten (10) years of age through seventeen (17) years of age.
Authority: T.C.A. §§4-5-202; 71-1-105(5); 71-3-501 et seq.; 71-3-502(a)(2). Administrative History: Original rule certified June 10, 1974. Amendment filed April 3, 1980; effective May 18, 1980. Repeal and new rule filed October 6, 1986; effective November 20, 1986. Amendment filed January 7, 1987; effective April 29, 1987. Amendment filed April 22, 1992; effective June 6, 1992. Amendment filed July 1, 1993; effective September 14, 1993. Repeal and new rule filed May 26, 1998; effective August 9, 1998. Stay of effective date of repeal and new rule filed July 21, 1998; new effective date August 31, 1998. Stay of effective date filed by the Government Operations Committee of the Tennessee General Assembly on August 28, 1998; new effective date October 31, 1998. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed October 17, 2001; effective December 31, 2001. Repeal and new rule filed June 20, 2006; effective September 3, 2006.
(a) All child care agencies are required by Tennessee law to be licensed annually by the Department, unless determined by the Department to be exempt from licensing pursuant to the provisions of T.C.A. § 71-3-503.
(b)Issuance of a license is not an endorsement of child care methods or of an agency's operational philosophy. A license is not transferable from one location to another or from one licensee/operator to another.
(c) All or any part of the license may be revoked at any time upon thirty (30) days notice to the licensee; or if the health, safety, or welfare of the children in care imperatively requires, the license, or any part of the license, may be suspended immediately.
(a) A child care agency claiming an exemption pursuant to T.C.A. § 71-3-503 shall submit to the Department's licensing director, or designee, a sworn, written request for exemption in such manner and form as the Department may require. The request shall provide a detailed description of the operation of the program or activity, the program's or activity's purpose and the applicant's basis for claiming an exemption. The Department shall provide a written response to the exemption request stating the reasons the exemption was granted or denied.
(b) Recognition of exemption from licensure by the Department does not exempt the child care agency from compliance with any other local, state, or federal requirements applicable to its operation.
(3) Issuance of the license is based upon the following criteria:
(a) The safety, welfare and best interests of the children in the care of the agency;
(b) The capability, training and character of the persons providing or supervising the care to the children and the use of such judgment by a caregiver in the performance of any of the caregiver's duties as would be reasonably necessary to prevent injury, harm or the threat of harm to any child in care;
(c) The quality of the methods of care and instruction provided for the children;
(d) The suitability of the facilities provided for the care of the children; and
(e)The adequacy of the methods of administration and the management of the child care agency, the agency's personnel policies, and the financing of the agency.
(4) The licensee must maintain compliance with the licensing criteria listed in paragraph (3) above and any other licensing criteria throughout the licensing year.
(5) Foster Homes may not receive a license to operate a child care facility within the foster home. The Department may, in its discretion, waive this requirement if circumstances clearly warrant such an exemption. The request for a waiver shall be submitted in writing to the Department's Licensing Director.
(6)Falsification of Information. Includes but is not limited to falsified or forged records, documents, and/or concealment of services or children from monitoring by the Department. Falsification of any information required for licensure shall be grounds for suspension, denial, or revocation of the license.
(7)Scope of Licensed or Exempt Operation.
(a) Licensed capacity shall be designated on the license. All programs shall operate within the licensed capacity or exemption criteria, the hours of operation, the specific age ranges, services offered, and at the address designated on the license or at which the operation was exempted.
(b) All programs shall operate within any restrictions stated on the license.
Authority: T.C.A. §§4-5-202, 71-1-105(5), 71-3-501 et seq., 71-3-502(a)(2) and (3), and 71-3-503(a)(6),(8), and (9). Administrative History: Original rule certified June 10, 1974. Amendment filed April 3, 1980; effective May 18, 1980. Repeal and new rule filed October 6, 1986; effective November 20, 1986. Amendment filed January 7, 1987; effective April 29, 1987. Amendment filed April 22, 1992; effective June 6, 1992. Amendment filed July 1, 1993; effective September 14, 1993. Repeal and new rule filed May 26, 1998; effective August 9, 1998. Stay of effective date of repeal and new rule filed July 21, 1998; new effective date August 31, 1998. Stay of effective date filed by the Government Operations Committee of the Tennessee General Assembly on August 28, 1998; new effective date October 31, 1998. Withdrawal of repeal of 1240-4-3-.03(4)(f) and (1) filed August 31, 1998. Amendment filed September 29, 2000; effective December 13, 2000. Repeal and new rule filed June 20, 2006; effective September 3, 2006.
(a) The procedures for licensing, administrative actions, probation, civil penalties, and suspension, denial, revocation of licenses and appeals of licensing actions taken by the Department are contained in Chapters 1240-4-5, 1240-5-13 and this Chapter.
(b) The Department may initiate administrative licensing action and/or judicial action against the licensee pursuant to any provisions of T.C.A. § 71-3-501 et seq. and Chapters 1240-4-5, 12405-13, this Chapter or any other provisions of the law.
(c)Any conflict between the definitions and procedures contained in Chapters 1240-4-5 and 12405-13 and this Chapter shall be resolved by reference to the provisions of this Chapter.
(2)When an individual or group is giving consideration to opening a child care service/business, the local county office of the Tennessee Department of Human Services must be contacted to obtain an application.
(3) The applicant shall attend one pre-application training session as provided by the Department. In the case of a program that is governed by a board of directors or trustees, this training shall be attended by the applicant. If the applicant is not responsible for the day-to-day management of the program, this training shall be attended by both the applicant and the individual responsible for the day-to-day management.
(4) In addition to the training required in paragraph (3) above, new directors/managers shall attend a pre-service orientation training as provided by the Department and which is at least four (4) hours in length. In the case of a program that is governed by a board of directors or trustees, this training shall be attended by an individual who is responsible for the day-to-day management of the program.
(5)A completed application form shall be signed by the owner or the owner's authorized representative and shall be submitted to the Department in the form and manner directed by the Department.
(a) The failure to fully complete all application forms and/or submit all required supporting documentation as directed by the Department shall void the application for a license.
(b) Application fees must be submitted by certified check or money order prior to the issuance of a license; provided, however, that government agencies may submit checks drawn on government accounts.
(6) Issuance of a Temporary License to New Child Care Agencies shall require:
(a) Submission of all required application documentation and the license fee;
(b)Verification that the administrative structure of the agency, as required by subchapter 1240-4-3.05, appropriately identifies and provides structures and procedures for the full-time management of the center;
(c) Verification that the qualifications for management positions fully comply with the requirements in Chapter 1240-4-3-.07 and subparagraph (j) below;
(d) Verification of three (3) satisfactory written references for the director/management;
(e) Verification that the physical facilities have received fire safety and environmental approval;
(f) Verification that the on-site director/manager has successfully completed a criminal background check and has a negative criminal history as required by T.C.A. § 71-3-507 and this Chapter;
(g) Verification that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children;
(h) Verification that the applicant has the apparent ability and intent to comply with the licensing law and regulations;
(i)Verification by the Department, after appropriate on-site inspection, that the site is suitable for child care activities and does not endanger the welfare or safety of children;
(j)Verification that the applicant, owner, director or an employee of the agency has not previously been associated in an ownership or management capacity with any child care agency that has been cited by the Department for violations of this part or the Department's regulations, including the agency for which the application is pending, unless the Department determines that a reasonable basis exists to conclude that such individual is otherwise qualified to provide child care; and
(k) Verification that the criteria in 1240-4-3-.03(3) support the issuance of a restricted or unrestricted license.
(7)Denial or Restriction of Temporary License.
(a) If the Department determines that any of the requirements set forth in this Chapter has not been, or cannot be, satisfactorily met, then it may deny the application for a temporary license.
(b) If the Department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted temporary license that permits operation of a child care agency, but limits the agency's authority in one (1) or more areas of operation.
(c)Appeals of the denial or restriction of a license are governed by Chapters1240-4-5 and 1240-513.
(8)Terms of the Temporary Licensure Period.
(a) The temporary license shall remain in effect, unless suspended, for a period of one hundred and twenty (120) days, or until such time as the Department grants or denies the application for an annual license, whichever is later.
(b) During the temporary licensure period the licensee must attain and maintain compliance with all applicable licensing regulations. The failure to obtain and maintain such compliance during this period may result in the denial of the application for an annual license.
(9)Evaluation Process for Annual License During the Temporary Licensing Period.
(a) The temporary license is issued to authorize the temporary licensee to begin child care operations while the agency attempts to attain full compliance with all other applicable regulations.
(b)The Department shall perform a minimum of two (2) visits to the child care center during the temporary licensing period, at least one (1) of which shall be unannounced.
(c)The Department shall perform at least one (1) observation of the caregivers' interaction with children during the temporary licensing period.
(d)During the temporary licensing period, the applicant must provide verification, including any required supporting documentation as directed by the Department, of compliance with all applicable licensing regulations and further, that the applicant otherwise meets, or has continued to meet, all the requirements set forth in paragraph (6) above.
(e) During the temporary licensure period the Department shall determine whether an annual or restricted annual license shall be issued to the applicant.
(f) If the Department determines that any of the requirements set forth in this Chapter has not been, or cannot be, satisfactorily met then it may deny the application for an annual license.
(g) If the Department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted temporary license that permits operation of a child care agency, but limits the agency's authority in one (1) or more areas of operation.
(h) Issuance of an Annual License. The Department shall issue an annual license if the Department determines that the applicant:
1.Has fully complied with all laws and regulations governing the specific classification of child care agency for which the application was made; and
2.Has demonstrated a reasonable probability that the applicant can maintain compliance with all licensing regulations during the annual license period.
3.Upon issuance of an annual license, the licensee must maintain compliance with all applicable licensing regulations and restrictions on the license, if any, throughout the licensing period.
(10) Re-Licensure Evaluation Process.
(a) Agencies currently licensed by the Department must submit an application for re-licensure prior to the expiration of the existing license. The failure to submit a complete application prior to the expiration of the current license shall result in the automatic termination of the annual license upon the expiration date, and a new application for a temporary license will be required.
(b) In addition to the evaluation requirements set forth in paragraphs (6) and (9) above, applicants for re-licensure shall be evaluated for the Report Card and Star-Quality Child Care Program as set forth in Chapter 1240-4-7.
(c)Upon demonstration of compliance with all laws and regulations governing the specific classification of child care agency for which the application was made; and, if the applicant has demonstrated a reasonable probability that the applicant can maintain compliance with all licensing regulations during the annual license period, the Department shall issue a new annual license.
(d) If the Department determines that any of the requirements set forth in this Chapter has not been, or cannot be, satisfactorily met, then it may deny the application for an annual license.
(e) If the Department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted annual license that permits operation of a child care agency, but limits the agency's authority in one (1) or more areas of operation.
(11) Upon receipt of an application for a license, and throughout the temporary licensing period and during the annual licensing period, immediate access to all areas of the child care facility shall be granted to all Department representatives and other inspection authorities (i.e., fire safety, sanitation, health, Department of Children's Services, etc.) during operating hours.
(12)If the Department determines, as a result of its inspections or investigations or those of other local, state or federal agencies or officials, or through any other means, that a plan is necessary to insure the safety of the children in the care of the child care center the Department may require the center to implement such safety plan.
Authority: T.C.A. §§4-5-202, 71-1-105(5), 71-3-501 et seq., 71-3-502(a)(2), and 71-3-508(c). Administrative History: Original rule certified June 10, 1974. Amendment filed April 3, 1980; effective May 18, 1980. Repeal and new rule filed October 6, 1986; effective November 20, 1986. Amendment filed April 22, 1992; effective June 6, 1992. Repeal and new rule filed May 26, 1998; effective August 9, 1998. Stay of effective date of repeal and new rule filed July 21, 1998; new effective date August 31, 1998. Stay of effective date filed by the Government Operations Committee of the Tennessee General Assembly on August 28, 1998; new effective date October 31, 1998. Repeal and new rule filed June 20, 2006; effective September 3, 2006.
(1) Required Written Statement of Agency's Purpose.
(a) An applicant for a license to operate a child care agency shall submit a written statement in the form and manner directed by the Department which provides the following information:
1.A description of all services to be offered to children and parents;
2.Ages of children to be served;
4 Meal service plan, including the number and type of meals and snacks to be served, as applicable;
5 Admission requirements and enrollment procedures; and
6 Plans for the provision for emergency medical care.
(b) If, after being licensed, a licensee wishes to change the scope or type of service offered to children and families, an amended statement shall be filed with the Department for approval prior to implementation of the changes.
(a) The organization of every child care center shall be such that legal and administrative responsibility is clearly defined in writing, in the form and manner directed by the Department, with such writing accompanying the application for a license.
(b) Every child care center shall have an on-site director.
(c) Following the issuance of an annual license a child care center may operate without an on-site director for a period of no more than sixty (60) days total within the licensing year. A qualified person, as determined by the Department, shall be in charge in the interim.
(3)Finances and Legal and Regulatory Status.
(a)In order to ensure the appropriate continuity of care for children the applicant must provide a reasonable plan with a proposed budget for the financial support of a center. The proposal must demonstrate adequate funding for both preliminary and ongoing costs associated with staffing, equipment and safe operation. Adequate financing of the center's operation shall be maintained throughout the licensing year.
(b)Proposed budgets and other relevant financial records shall be immediately available to the Department upon request.
(c) If any child care agency is the subject of any bankruptcy or receivership petition or order, or any other action that may affect the financial status or operational status of the child care agency, including but not limited to foreclosure notices, liens, etc., or, if any child care agency is the subject of any local, state or federal regulatory action, such as, but not limited to, the fire safety, health, environmental zoning or local, state or federal program compliance status or tax enforcement proceedings, the agency's management shall immediately notify the Department and shall provide current documentation of the status of the agency, including copies of necessary administrative and/or court legal documents applicable to that status.
(a) General liability, automobile liability and medical payment insurance coverage shall be maintained on the operations of the child care agency's facilities and on the vehicles owned, operated or leased by the child care agency and as follows:
1.General liability coverage on the operations of the child care agency facilities shall be maintained in a minimum amount of five hundred thousand dollars ($500,000) per occurrence and five hundred thousand dollars ($500,000) general aggregate coverage.
2 Medical payment coverage shall be maintained in the minimum amount of five thousand dollars ($5,000) for injuries to children resulting from the operation of the child care agency.
3.Automobile coverage for agencies that transport children:
(i) Automobile liability coverage shall be maintained in a minimum amount of five hundred thousand dollars ($500,000) combined single limit of liability.
(ii)Medical payment coverage shall be maintained in the minimum amount of five thousand dollars ($5,000) for injuries to children being transported in vehicles owned, operated or leased by the child care agency.
(b) The requirements of this paragraph shall not apply to an agency that is under the direct management of a self-insured administrative department of the state, a county or a municipality, or any combination of those three (3), or that has, or whose parent entity has, a self-insurance program that provides, as determined by the Department, the coverages and the liability limits required by these rules.
(c) Documentation that the necessary insurance is in effect, or that the adminstrative department or other entity is self-insured, shall be maintained in the records of the child care agency and shall be available for review by the Department.
(a) Enrollment of children under six (6) weeks of age is prohibited.
(b)Children shall not be in care for more than twelve (12) hours in a twenty-four (24) hour period except in special circumstances (e.g., acute illness of or injury to parents, severe weather conditions, natural disaster, and unusual work hours). In such cases every effort shall be made to minimize the amount of time spent in the child care agency by exploring and documenting alternatives (i.e., part time care, care with a relative, etc).
(c) Individualized plans for the care of a child in excess of twelve (12) hours due to special circumstances shall be signed by the parent and the director and must be approved by the Department. Plans shall be updated annually.
(d) The agency shall not admit a child into care until the parent has supplied the agency with a completed application, immunizations record (for children over two (2) months of age), and a health history.
(e) All children physically present in the facility shall be counted in the adult:child ratio and group size, and shall have all required records on file before care is provided.
(f) The agency shall maintain written documentation that the parent performed an on-site visit to the agency to review the agency's facility and child care policies and practices prior to the child being enrolled into care.
(6)Requirements for Communication with Parents.
(a) A copy of the agency's policies, procedures, and the Department's Summary of Licensing Requirements shall be supplied to the parent/ upon admission of the child. The agency's policies shall include:
1 Criteria for the disenrollment of children; and
2.Specific criteria concerning the release of children to anyone whose behavior may place the children at immediate risk.
(b) The agency shall require the parent to sign for receipt of the policies and Licensing Summary, and the signed receipt shall be maintained by the agency in the child's file.
(c) Parents shall be permitted to see the professional credential(s) of staff upon request.
(d) The agency shall implement a plan for regular and ongoing communication with parents. This plan shall include but not be limited to communication concerning curriculum, changes in personnel, or planned changes affecting children's routine care. Documentation shall be maintained for the most recent quarter.
(e) During operating hours, parents shall be permitted immediate access to their children.
The agency shall grant access to noncustodial parents if the noncustodial parent provides the agency with a valid court order granting the noncustodial parent access to the child during agency operating hours; provided, however, that such access is not otherwise restricted or prohibited by an Order of Protection or other legal document.
The custodial parent may not prohibit or restrict, or require the agency to prohibit or restrict, the noncustodial parent's access to the child while in the care of the agency if the noncustodial parent meets the provisions of part (e)1 above.
The agency may place reasonable restrictions on access by any parent as needed to limit disruption of the children's routines, e.g., limiting the number of days each week the parent may visit, the duration of the visit, etc. Any such limitations or restrictions must be clearly stated in the agency policy provided to the parent upon enrollment of the child, or at any subsequent time if the agency's policy is changed.
(f) Parents shall give written permission in advance of the child's removal from the premises, including prior notification and consent for each off-site activity, except in cases of emergencies or investigative procedures conducted pursuant to the child protective service laws or other applicable laws.
(g)Children shall be signed in and out of the center by the custodial parent or other person specifically authorized by the parent or the appropriate staff person. Center staff shall verify parental authorization and the identity of any person to whom a child is released.
(h) An abuse prevention awareness program for parents shall be offered at least once a year. The program shall include a child abuse prevention component, as recognized by the Department with information on the detection, reporting, and prevention of child abuse in child care agencies and in the home.
(i) Notifying Parents of Licensing Violations.
1.Within the licensing year, after issuing two (2) formal notices of licensing violations, a notice of Probation, or after issuing any type of legal enforcement order, the Department may, in its discretion, require the agency to notify parents and funding sources of the circumstances. Such notification shall be a letter prepared by the Department to be provided to each parent or posted in the center with parents' signatures indicating that they have seen the letter.
2.The Department may, in its discretion, notify parents and funding sources of any decision affecting the child care agency rendered by the Child Care Agency Board of Review pursuant to Chapter 1240-5-13 or by any court.
(7)General Record Requirements.
(a) All records required by this Chapter shall be maintained in an organized manner on-site at the agency and shall be immediately available to the Department upon request.
(b)A child's records shall be kept for one (1) year following the child's leaving the agency; provided, however, that the health record shall be returned to the child's parent upon request when the child leaves the agency.
(c) Staff records shall be maintained for at least one (1) year following the separation of the staff from the agency.
(a) General Requirements for Children's Records shall include:
1.A current information form, which shall be updated annually and as changes occur, and which shall include:
(i)The child's name and date of birth;
(iii) Child's and parents' home addresses and phone numbers;
(iv) Parents' business addresses, phone numbers and work hours;
(v) Any special needs or relevant history of the child or the child's family; and
(vi)The name and address (home and business or school) of a responsible person to contact in an emergency if parents cannot be located promptly.
2 Name, address, and telephone number of a physician to call in case of an emergency.
3 Written consent of parent regarding emergency medical care.
4 A written plan stating to whom the child shall be released.
5 Written transportation agreement between parent and the center regarding daily transportation between the home and the center and the center and the school. If parents have a third-party transportation arrangement, verification and details of the arrangement shall be maintained in the child's file.
6 A copy of the child's health history provided by the child's parent or other caretaker, which need not be signed or certified by a health care provider, shall be on file in the center and shall be available to appropriate staff.
7 Daily attendance records that include the time in and time out for each child.
8 Prior written permission of parent for each off-site activity.
(i) The agency shall maintain a written record in the child's file, as set forth in subparagraphs (b) and (c) below, verifying that the child has been immunized according to current Department of Health guidelines.
(ii)Exceptions to this immunization record requirement may be made only if:
(I) The child's physician or the health department provides a signed and dated statement, giving a medical reason why the child should not be given a specified immunization; or
(II) The child's parent provides a signed written statement that such immunizations conflict with his/her religious tenets and practices.
10. Reports of Incidents, Accidents, Injuries and Fatalities.
(i) Incidents, accidents and injuries shall be reported to the parent as soon as possible, but no later than the child's release to the parent or authorized representative.
(ii) Incidents, accidents and injuries to children shall be documented immediately as follows:
(I) Date and time of occurrence;
(II) Description of circumstances; and
(III) Action(s) taken by the agency.
(iii) Documentation of incidents, accidents and injuries to children shall be filed in the child's record no later than one (1) business day immediately following the occurrence.
(iv)The Department shall be notified of any child fatality at the agency no later than one
(1) calendar day immediately following the death.
(b)Preschool Children's Record Requirements.
1 Additional information for infants, toddlers and all non-verbal children shall be recorded and shared with parents daily as follows: the time and amount of feeding, any incidence of excessive spitting up, toileting and/or times of diaper changes, sleep patterns, and developmental progress.
2 Before a child under the age of thirty (30) months of age is accepted for care, the parent shall provide proof of a physical examination within three (3) months prior to admission, signed or stamped by a physician or health care provider. This record must be kept on file at the agency.
3 A copy of each preschool child's immunization record, signed or stamped by a certified health care provider, shall be on file in the child care center and shall be available to the appropriate staff.
(c)School-age Children's Record Requirements.
1 The information form for school-age children shall list the name, address, and phone number of the school the child attends.
2 Before a school-age child is accepted for care, the center shall have on file a statement from the parent (or the school) that the child's immunizations are current and that his/her health record is on file at the specified school which the child attends.
3 The records of any child who is five (5) years old in an agency which lacks approved kindergarten status for purposes of T.C.A. § 49-6-201 shall include a signed acknowledgment by the child's parents that recognizes that the child's attendance does not satisfy the mandatory kindergarten prerequisite for the child's enrollment in first grade. The statement of acknowledgment shall be signed by the parent and maintained in the child's file.
(d) Record Requirements for Children with Special Needs. A daily activity record that consists of a daily accounting of anything and everything the child did that day for children with special needs must be maintained.
(9)Staff Record Requirements Shall Include:
(a)Name, birth date, the social security number used by the employer for Federal/State tax purposes, address, and telephone number of all staff members, including volunteers, and a contact for each staff member in an emergency;
(b) Educational background and educational experiences, including dates and places of diplomas received, and conferences, courses, and workshops attended in the preceding year;
(c)Documentation, signed by the examining licensed physician, licensed psychologist, licensed clinician, Nurse Practitioner or Physician's Assistant, verifying that the staff person is physically, mentally and emotionally capable of safely and appropriately providing care for children in a group setting. The documentation shall be on file within ten (10) calendar days of employment or starting to work;
(d) An updated statement of each staff member's physical health shall be obtained every third (3rd) year, or more often if deemed necessary by the Department;
(e) At least three (3) references from non-relatives, either written or with documented interviews of each reference, on each new staff member;
(f) Written, verified record of employment history;
(g)Documentation of annual performance reviews;
(h)Date of employment and date of separation from the agency;
(i)Daily attendance (including time in/out) of staff;
(j)Signed and completed criminal history disclosure form;
(k) Verification of criminal background check results;
(l)Verification of Vulnerable Persons Registry results;
(m)Driver records shall additionally contain:
1 Copy of driver's license showing proper endorsement;
2 Verification of a passed drug screen; and
3 Verification of Cardiopulmonary Resuscitation (CPR) and First Aid certifications; and
(n)Volunteer Records. Records of volunteers shall be maintained on-site at the agency and must include the names, addresses, telephone numbers and dates of service for all volunteers.
(10)Right to Privacy/Confidentiality.
The licensee and agency staff shall not disclose or knowingly permit the use by other persons of any information concerning a child or family except as required by law, regulation or court order, or as may be necessary to be disclosed to public authorities in the performance of their duties and which may be necessary for the health, safety, or welfare of any child enrolled at the center or of the child's family.
(11)Posting of License, Report Card, and Other Required Documentation.
(a) During the hours of operation, the current license to operate the child care center shall be posted near the main entrance in a conspicious location.
(b)During the hours of operation, the agency Report Card shall be posted near the main entrance in a conspicious location.
(c) The Department's toll-free child care complaint number shall be posted in a conspicuous location.
(d)The Department of Children's Services' child abuse reporting number shall be posted near the main entrance in a conspicuous location and at each telephone.
(e) A copy of all current applicable Department licensing rules shall be maintained in a central space and available to all staff and parents.
(f)No smoking signs shall be posted in a conspicuous manner; provided, however, that such signs are not required in child care agencies which are operated within private residences.
(g) The agency shall post any other materials as directed by the Department.
(a)Children shall only be released to a responsible designated person in accordance with the child release plan required by these rules. The agency shall verify the identity of the authorized person by requiring presentation of a photo identification.
(b) The person to whom the child is released must sign the child out of the agency.
(c)Children shall not be released to anyone whose behavior may, as deemed by a reasonable person, place the child in imminent risk; provided, however, that if the agency reasonably believes that refusal to release the child could place staff or other children in imminent risk the agency may release the child, but must immediately call 911 or other local emergency services number.
Authority: T.C.A. §§4-5-202, 71-1-105(5), 71-3-501 et seq., and 71-3-502(a)(2). Administrative History: Original rule certified June 10, 1974. Amendment filed April 3, 1980; effective May 18, 1980. Repeal and new rule filed October 6, 1986; effective November 20, 1986. Amendment filed April 22, 1992; effective June 6, 1992. Repeal and new rule filed May 26, 1998; effective August 9, 1998. Stay of effective date of repeal and new rule filed July 21, 1998; new effective date August 31, 1998. Stay of effective date filed by the Government Operations Committee of the Tennessee General Assembly on August 28, 1998; new effective date October 31, 1998. Repeal and new rule filed June 20, 2006; effective September 3, 2006.
(a) Agency Responsibility for the Children's Supervision.
1 The management of the agency shall maintain a system that enables all children in the agency's care to receive a level of supervision of their status and activities that is appropriate to their age and their developmental, physical and mental status so as ensure their health and safety and that allows agency personnel to know the whereabouts of each child in their care.
2 This system shall include a mandatory visual inspection of all areas of the building and grounds immediately prior to closing the agency for the day in order to ensure that no children have been unintentionally left in any part of the agency's facilities or in any vehicles that the agency uses to transport children.
(b) Children six (6) weeks of age through nine (9) years of age:
1 The adult must be able to hear the child at all times, must be able to see the child with a quick glance, and must be able to physically respond immediately.
2 Exception during mealtime: An adult must be in the direct sight and sound of children ages six (6) weeks through five (5) years, not in kindergarten, while the child is eating.
(c)Children ten (10) years of age and older:
1 The adult shall know the whereabouts and activities of the children at all times and must be able to physically respond immediately.
2 Each child shall be greeted and received by the specific caregiver assigned who will have ultimate responsibility and accountability for their supervision, oversight and care.
3 When children, age ten (10) and above, are permitted to leave one caregiver's assigned area and go to another, the center shall implement a system to track the whereabouts of each child and recognize the transfer of responsibility from one caregiver to another.
(d)Mixed-age Groups. When children ages ten (10) years or above are grouped with children under ten (10) years of age, the minimum supervision requirements for children ages six (6) weeks through nine (9) years, as set forth in subparagraph (b) above, shall be followed.
(e) Helper devices such as mirrors, electronic sound monitors, etc. may be used as appropriate to meet these requirements.
(f) Caregivers shall monitor children's toileting and be aware of their activities while respecting the privacy needs of the child.
(g)When more than twelve (12) children are present on the premises, but a second (2nd) adult is not required by the adult:child ratio rules contained in this Chapter, a second (2nd) adult must be physically available on the premises.
(h) The agency shall maintain a plan, approved by the Department, that enables a caregiver in an emergency situation to call a second (2nd) adult who can respond quickly while maintaining as much supervision of the children in care as is possible under the circumstances.
(i) If children with special needs are enrolled, Section 504 of the federal Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) guidelines shall be consulted regarding the number of caregivers that a reasonable accommodation of a child's disability may require.
(j)All children for whom care is provided at any one time shall be included in the agency's enrollment, square footage allowance, and licensed capacity.
(k) Auxiliary staff may be used as emergency substitutes if their qualifications permit, but not while performing other duties.
(l)If meals are served, any person responsible for preparing meals and washing the dishes shall not be included in the adult:child ratio while preparing these meals or washing dishes.
(m)When more than twelve (12) children in first grade and above are present, a separate group, a separate space, and a separate program shall be provided for them.
(2)Assignment of Children to Groups.
(a)Each child must be on roll in a defined group and assigned to that group with a specific caregiver(s).
(b) Maximum group size requirements shall be maintained at all times with the exception of meals served in common dining rooms, napping in common nap rooms, or outdoors on the playground.
(c)When infants are cared for in a center with older children, they shall not be grouped with children older than thirty (30) months of age, and a separate area shall be provided for them.
(d)Extended Care. Children age thirteen (13) months and older may be grouped together while sleeping in overnight care.
(e)In order to assure the continuity of care for children and their caregivers, the children shall be kept with the same group throughout the day and shall not be moved, shuffled, or promoted to a new group until required based upon the developmental needs of the child; provided, however, that:
1 Groups, excluding infants and toddlers, may be combined for short periods for a special activity, e.g., special assembly, visiting performers or community helpers, etc., of no more than thirty (30) minutes duration per day as long as adult:child ratios are met.
2 Groups, excluding infants and toddlers, may be combined, for up to one (1) hour at the beginning of the day and for up to one (1) hour at the end of the day as set forth in Adult:Child Ratio Chart 3 in part (3)(d)3 below.
(f) Each group must have a "home base" with enough space for the entire group.
(3) Required Adult:Child Ratios.
(a) The adult:child ratios shall be maintained by the child care agency while the children are indoors and on the playground.
(b) Adult:child ratios and group sizes may exceed the required limit by up to ten percent (10%), rounded to the nearest whole number, for no more frequently than three (3) days per week; provided, however:
1 Infant and toddler groups may never exceed the required ratios and group sizes;
2 The licensed capacity of the classroom may not be exceeded; and
3 The Department may modify or terminate this 10% variance in individual cases according to the provisions for issuance of a restricted license pursuant to T.C.A. § 71-3502(d)(7)(B).
(c) Any number of children in excess of the adult:child ratios requires a second qualified adult caregiver; provider, however, that the maximum group size shall not be exceeded.
1.Chart 1 - Single Age Grouping & Adult:Child Ratio Chart.
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Two (2) years (Twenty-Four (24) mos.- Thirty-Five (35) mos.) |
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2 Chart 2 - Multi-Age Grouping & Adult:Child Ratio Chart.
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Two and One-Half (2)- Three (3) years (Thirty (30)-Forty-Seven(47) mos.) |
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Three (3)-Five (5) years (includes Three (3)-Four (4) years) |
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3 Chart 3 - Allowable Combined Grouping & Adult:Child Ratio Chart for first/last hour of each day only:
(4)Naptime Supervision (Requirements for Naptime and Nighttime Care).
(a) At naptime and during nighttime care, after the children have settled down, adult:child ratios may be relaxed so long as the children are adequately protected and all of the following requirements are met:
1 At least one (1) adult shall be awake and supervising the children in each nap room/sleeping area;
2 Infant/toddler ratios shall be maintained; and
3 The adult:child ratio for children ages thirty-one (31) months and above can be fifty percent (50%) of the required ratio if there are enough adults on the premises so that the adult:child ratio required for children when they are awake shall be met immediately in an emergency.
(b) Maximum group size limits do not apply as long as the appropriate adult:child ratio is met at the fifty percent (50%) level.
(c) Sudden Infant Death Syndrome. Because of the possibility of Sudden Infant Death Syndrome:
1 Infants shall be positioned on their backs when placed in a crib for sleeping.
2 In order to avoid the risk of smothering, soft bedding for infants is prohibited.
3 Infants shall not be wrapped tightly or swaddled in blankets for sleeping.
4 Infants shall be touched by a caregiver every fifteen (15) minutes in order to check breathing and body temperature.
5 Pillows shall be prohibited for infants.
6 If a child appears not to be breathing, the agency must immediately begin CPR and call for emergency medical assistance.
7 Before any caregiver can assume caregiving duties of any type in an infant room they shall be oriented in the foregoing SIDS procedures.
(d) Naproom Lighting. The areas where infants sleep shall be lit in a manner which allows the caregiver to quickly, at a glance, verify that the child's head is uncovered, that the child is breathing, and otherwise visually verify the child's condition.
(a) The same adult:child ratios are applicable for the playground as in the classrooms.
(b) A playground supervision plan shall be written and implemented which includes:
1 Arrival and departure procedures;
2 Supervision assignments of staff to assure that all areas of the playground can be seen so that all children can remain within sight of the caregivers;
3 Identification of which staff will merely supervise in their assigned zone while other caregivers, if any, interact with children as play facilitators;
4 Emergency plans specific to a variety of circumstances, such as, child injury, weather evacuation, toileting and other personal care needs of children or staff, etc.; and
5 A communication link among playground supervisors and a designated staff person, if available, inside the agency.
(6) Supervision During Off-Site Activities.
(a) Preschool Children.The adult:child ratios in charts 1 and 2 must be doubled during off-site activities.
1.The number of trained caregivers required to be present on off-site activities shall be at a minimum, equivalent to the number that would be required in the classroom; additional adults to meet the following off-site ratios in chart 4 may be caregivers, volunteers or unpaid staff.
2.Chart 4 - Off-Site Activities for School-age Children
(c) A minimum of two (2) adults is required for any off-site activity.
(d) The center must maintain a system utilizing an off-site attendance roll which tracks the whereabouts of each child while off the center premises.
(7) Supervision While Swimming. When children are swimming, the adult: child ratios in Chart 5 and the following requirements shall be met:
(a) Chart 5 - Swimming Adult: Child Ratio Chart. Age Group Ratio
(b)Although group swimming for infants and toddlers is not prohibited, it is not recommended due to the high risk.
(c) At least one (1) adult present shall have a current certificate in advanced aquatic lifesaving skills. This person must supervise from above the level of the swimmers, preferably from an elevated lifeguard chair or otherwise from the pool deck.
(d) The lifeguard may not be included in the required adult: child ratio while performing lifeguard duties.
(e) Remaining caregivers shall supervise children who are both in and out of the water.
(8) Transportation Supervision. Supervision for transportation of children shall comply with rules in 12404-3-.13.
Authority: T.C.A. §§4-5-202, 71-1-105(5), 71-3-501 et seq., and 71-3-502(a)(2). Administrative History: Original rule certified June 10, 1974. Amendment filed April 3, 1980; effective May 18, 1980. Amendment filed June 7, 1982; effective September 30, 1982. Amendment filed June 27, 1985; effective September 13, 1985. Repeal and new rule filed October 6, 1986; effective November 20, 1986. Amendment filed January 7, 1987; effective April 29, 1987. Amendment filed April 22, 1992; effective June 6, 1992. Repeal and new rule filed May 26, 1998; effective August 9, 1998. Stay of effective date of repeal and new rule filed July 21, 1998; new effective date August 31, 1998. Stay of effective date filed by the Government Operations Committee of the Tennessee General Assembly on August 28, 1998; new effective date October 31, 1998. Amendment filed November 18, 1999; effective January 31, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed August 27, 2001; effective November 10, 2001. Amendment filed November 21, 2002; effective February 4, 2003. Repeal and new rule filed June 20, 2006; effective September 3, 2006.
(a) The board, owner, applicant/licensee, or other designated agent of the child care center shall be responsible for selecting qualified individuals of suitable character and ability to work with children.
(b) The director, with the guidance of the board or owner of the center, shall be responsible for supervision, training and evaluation of the staff, the program and the day-to-day operation of the center.
(c) Each location where children are kept shall have an on-site director.
(d)To be designated as such, the on-site director of a center which is in operation up to twelve (12) hours a day shall be physically present in the center daily at least half of the total hours of operation. If a program operates more than one (1) shift the on-site director shall be physically present at least one shift.
(e) To be designated as the director or person in charge (on a daily basis) of a multi-site child care program, he/she shall be employed full-time in that capacity.
(f)An assistant director or other staff member shall be designated to be in charge in the absence of the director and all staff shall be notified of this designation.
(g)Management shall evaluate all staff in the performance of their duties. Caregivers shall be evaluated for knowledge and understanding of growth and development patterns of children and understanding of appropriate activities for children as well as those with special needs.
(2) General Staff Qualifications.
(a) Every staff person, including auxiliary staff, substitutes, volunteers, and practicum students, shall be physically, mentally, and emotionally capable of using the appropriate judgment for the care of children and otherwise performing his/her duties satisfactorily.
(b)A person who has a physical, mental, or emotional condition which is in any way potentially harmful to children shall not be present with the children.
(c) Every staff person, both paid and unpaid, who are under the age of eighteen (18) years must be supervised by an adult while in the presence of children.
(d) At least one (1) adult available on the premises at all times during child care operating hours must be able to read and write English.
(e) Prior to assuming duties, each new employee shall receive orientation in, and be able to explain:
4 Policies regarding discipline of children;
5 Policies regarding the reporting of child abuse; and
6 Policies for receiving and dismissing children.
(f) Within the first two (2) weeks on the job, each employee (including auxiliary staff, such as bus driver, cook, etc.) shall receive instruction in:
1 Child abuse detection, reporting, and prevention;
2 Parent-center communication;
3 Disease control and health promotion;
4 An overview of licensing requirements; and
5 Information on risks of infection to female employees of childbearing age.
(g)All training must be documented in the agency's records and be available for review by the Department's staff at anytime.
(h) The agency must maintain written documentation that each employee has read the full set of all applicable licensure rules. In addition, a copy of such rules shall be maintained in an area that is readily accessible to all staff.
(3) Multi-Site Personnel Qualifications.
(a) Multi-Site Coordinator. The multi-site coordinator must meet the same requirements listed below for a single-site child care center director.
(b) Qualifications of On-Site Director under a Multi-Site Coordinator.
1 At least two (2) years of college training or a Department-recognized credential in addition to at least one (1) year of full-time (paid or unpaid) documented work experience with young children in a group setting; or
2 A high school diploma or equivalent educational credential recognized by the Department in addition to at least two (2) years of full-time (paid or unpaid) documented work experience with young children in a group setting.
(4) Qualifications for Director of a Single-Site Child Care Center.
(a) The director shall meet at least one (1) of the minimum qualifications listed in the chart below:
1 Prior to issuance of the first annual license. Owners (or a designee thereof who is not the on-site director) and directors shall complete a child care orientation course sponsored by the Department.
2 .During the first year of employment a new director shall:
(i) Complete an orientation course sponsored by the Department within three (3) months of assuming her position; provided, however, that this course shall not be required if the director has:
(I) Received specific training meeting the requirements of this part within three (3) years prior to employment; or
(II)Earned a Bachelors degree, an Associates degree in child development or early childhood education, a CDA credential, or a CCP credential;
(ii) Have evidence of receiving at least thirty-six (36) hours of Department-recognized, competency-based training, at least six (6) hours of which must be in administration, management or supervisory training; or
(iii) Earn credit for the year in one (1) academic course in administration, child development, early childhood education, health/safety or other related field.
3 After the first (1st) year of employment, the director shall:
(i) Earn credit during the year in one academic course in administration, child development, early childhood education, health/safety or other related field; or
(ii) Have evidence of receiving at least eighteen (18) clock hours annually in Department-recognized workshops, competency-based training, or one-to-one consulting sessions:
(I)Six (6) hours of training shall be in administration, management or supervisory training; and
(II)Four (4) hours of the required eighteen (18) hours may be earned by conducting training.
(5) Assistant Director Qualifications.
(a) The on-site assistant director shall have at least two (2) years of college training or a Department-recognized credential and one (1) year of full-time (paid or unpaid) documented work experience in a group setting; or
(b)The on-site assistant director shall have earned a high school diploma or equivalent educational credential recognized by the Department and two (2) years of full-time (paid or unpaid) documented work experience in a group setting.
(a) Each caregiver shall be at least eighteen (18) years of age. Exception: Sixteen (16) and seventeen (17) year-old students currently enrolled in a Department-recognized vocational child care program may be counted in the adult-child ratio; provided, however, that they shall always be under the direct supervision of an adult and shall not be left alone with a group of children.
(b)Each group shall have at least one (1) caregiver present who has a high school diploma or equivalent educational credential as recognized by the Department.
(c)Training for Caregivers During the First (1st) Year of Employment.
1 New caregivers shall complete, within the first (1st) thirty (30) days of employment with the agency, two (2) clock hours of pre-service orientation training offered or recognized by the Department. Pending completion of the orientation training, the caregiver's employment status as a caregiver with the agency is conditional.
2 New caregivers shall additionally complete sixteen (16) hours of Department-recognized, competency-based training within the first (1st) year of employment, six (6) hours of which must be completed within the first six (6) months of employment.
3 Failure of the caregiver to complete the required two (2) hours of pre-service orientation and/or failure to complete the required six (6) hours of training within the first (1st) six (6) months of employment shall require that the employee be removed from caregiver duties until completion of the training.
4 Exception. Caregivers who have been employed in child care during the last three (3) years, hold a Bachelors or Associates degree in child development or a related field, or who hold a CDA credential or CCP credential as recognized by the Department shall instead comply with the training requirements for experienced caregivers required in subparagraph (d) below.
(d)Training for Caregivers After the First (1st) Year of Employment.
1 Experienced caregivers shall complete at least twelve (12) clock hours annually of Department-recognized, competency-based training.
2 A maximum of two (2) hours training credit annually may be credited for Child and Adult Care Food Program (CACFP) training.
3 At least six (6) hours of the required training must be non-agency based, e.g., obtained outside of the center.
4 Up to four (4) hours training credit annually may be earned by conducting training.
5 Credit for Tennessee Early Childhood Training Alliance Orientation Training. Completion of a thirty (30) hour orientation class through the TECTA program shall satisfy the caregiver's minimum annual training requirements for two (2) years.
(a) The names, addresses, telephone numbers and dates of service shall be recorded for all substitutes in the staff personnel records of the agency.
(b) Substitutes shall comply with the same orientation requirements of these rules for all agency staff.
(c) Substitutes who have acted as caregivers for two hundred (200) or more hours in the previous calendar year shall meet the training requirements contained in these requirements for caregivers.
(d) Substitutes providing services for thirty-six (36) hours or more in a calendar year shall:
Meet the criminal background check requirements contained in these rules; and
Meet the same requirements as regular staff for the physical examination required by these rules.
(e)Practicum Students. Persons serving temporarily as caregivers in field service placements as part of an educational course of study or other curriculum requirement shall not be considered as substitutes for purposes of this paragraph.
(a)Volunteers may be used to provide services and supplement the required caregivers or substitutes without payment, but are not counted to meet the adult:child ratios. If counted in the adult:child ratio, or provide services for more than twenty (20) hours per calendar week, volunteers shall meet the qualifications for substitutes as set forth in paragraph 1240-4-3-.07(7) above.
(b) Management shall be responsible for and supervise the activities of volunteers to assure safety of the children.
(c) Records for volunteers shall be maintained as required in 1240-4-3-.05.
(9) Criminal Background and Vulnerable Persons Registry Review Requirements.
(a)Individuals Requiring a Fingerprint Criminal Background Review and Abuse (Vulnerable Persons) Registry Check:
1 Any individual applying to work as a paid employee, director or manager of the child care agency in a position that will require or allow the individual to have contact with children at any time;
2 Any individual applying to work as a new substitute and who is expected to offer, or who provides, at least thirty (36) hours of substitute services to the agency in any calendar year;
3 Any individual applying for a license to operate a child care agency that is not the renewal of an existing license, or any individual who otherwise seeks to be an operator, as defined by the rules of the Department, of a child care agency as defined in § 71-3501, and who will, in the course of their role as licensee, have significant contact, as determined by the Department, with the children in care. For purposes of this paragraph, "operator" shall be an individual who is an owner or administrator of a child care agency or child care system;
4 Residents of a New Agency. Any individual who is a resident of the child care agency and who is fifteen (15) years of age or older upon the date the agency receives its initial temporary license or, if the agency has been issued an annual license, then upon the date the agency received its annual license; and
5 New Residents of an Existing Agency. Any individual who is fifteen (15) years of age or older upon moving into a licensed/approved child care agency.
(b) Pending outcome of the criminal background check as described in this paragraph and the outcome of the review of the individual's status on the Department of Health's Vulnerable Persons Registry, the applicant for employment or a substitute or volunteer position, or for a license to operate shall be conditional and shall be dependent upon the results of these background checks.
(c)Requirements for Submission of a Fingerprint Sample.
1.Criminal History Disclosure Form. Individuals identified in subparagraph (a) shall complete and sign the Criminal History Disclosure Form provided by the Department.
(i) The failure to properly complete all sections of the Criminal History Disclosure Form shall result in the individual being prohibited from working, substituting, residing in or acting as a licensee for the child care agency.
(ii) The failure to disclose all criminal history information may result in the individual being:
(I) Excluded from working, directing, managing, operating, substituting, volunteering, residing in or acting as a licensee in any child care agency licensed by the Department; and
(II)Referred for criminal prosecution pursuant to the provisions of state law.
2.Fingerprint Sample. The child care agency shall be responsible for obtaining, and submitting the fingerprint sample of any person required by this Chapter in the form and manner directed by the Department:
(i)Within ten (10) calendar days of the first day of beginning employment or substitute status;
(ii) Within ten (10) calendar days of the license application or seeking operator status;
(iii) Within ten (10) calendar days of the application for an initial license for a facility in which the person resides; or
(iv)Within ten (10) calendar days after the resident moves into the child care facility.
3 Vulnerable Persons Registry. The child care agency shall be responsible for determining, within the same time periods as set forth in part (c)2 above, the status on the Department of Health's Vulnerable Persons Registry of any individual who is required by subparagraph (a) above to undergo a criminal history background check. Verification of such status check shall be maintained