Section 0250-04-02-.05 - STAFF(1) GENERAL QUALIFICATIONS. (a) Agency employees shall be persons of good character. They shall possess the health, emotional stability, and ability necessary to carry our their assigned duties.(b) An agency shall obtain references attesting to the character, integrity, and ability to perform tasks required for the position.(c) A report of a physical examination completed within no more than six (6) months prior to hire date -shall be on file for all employees in regular contact with residents. The resident children of staff shall also have on file an initial medical statement of good health or physical exam.(d) The tuberculin skin test is recommended for initial screening and should be done within ninety (90) days prior to employment. Prospective employees who are known to have a positive tuberculin test shall receive a chest x-ray and, if necessary, other tests within ninety (90) days of employment. If infectious tuberculosis is ruled out, no future certification is required during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.(e) Screening; exclusions for certain crimes. 2. Any person (1) associated in providing care or ancillary services in any manner within a child welfare program, (2) who is a family member or other person residing in the agency, or (3) is a person with unrestricted access to children in the agency as determined by the Department of Children's Services, who is identified to the agency based on an investigation of child abuse or child sexual abuse by the Department of Children's Services as a validated or indicated perpetrator of such abuse of a child or who is currently charged with, has been convicted of, or pled guilty in any manner to a crime involving a child or who has pled guilty to any lesser offense derived from an original offense involving a child, shall not be employed or work as a caregiver or have access to or contact with children within the program operated by a child welfare agency. An employee or volunteer who has been identified by the Department as having neglected a child based on an investigation conducted by the Department pursuant to a report of harm, and who has not been criminally charged or convicted or pled guilty as stated above, shall be supervised by another adult while providing care for children.3. A person who is currently charged with, has been convicted, or has pled guilty in any manner to a crime of violence against another person or has pled guilty to any lesser offense derived from a crime of violence against another person, or any offense involving the manufacture, sale, distribution. or possession of any drug shall not work as a caregiver or have any contact or access to children within the program operated by a child welfare agency.(f) Within two (2) weeks of being on the job, each employee must receive orientation and instructions related specifically to child abuse detection, reporting, and prevention. This training must be documented in the employees personnel file.(2) SPECIFIC QUALIFICATIONS FOR STAFF: (a) The Administrator: 1. The administrator must be selected by the Governing Body and be accountable to the Governing Body for satisfactory performance of duties.2. The administrator must be a graduate of an accredited four (4) year college or university preferably from the field of education, medicine, nursing, social work, religious service, or some allied profession, or must have a minimum of five (5) years administrative experience.3. Any administrator who does not meet this requirement holding this position prior to the effective date of these standards, is permitted to remain in this position. An administrator employed following the effective date of these standards must meet these requirements.4. The administrator must be responsible for, either directly or through delegation: (i) Attending Board meetings and participating in all planning for the Agency;(ii) Assuring that the agency keeps accurate statistical reports that give the complete scope of the work of the Agency;(iii) Assuring that monthly and annual reports on forms furnished by the Tennessee Department of Children's Services are submitted, as well as any special reports that may be required from time-to-time;(iv) Preparing the agency's budget in cooperation with the Board and operating the agency within the budget approved by the Board;(v) Selecting, employing, training, and discharging (when necessary), all staff and supervising the daily management of the agency;(vi) Communicating to and orienting the Board concerning information on the operation of the agency, unmet needs, and modern methods regarding child care services;(vii) Implementing the policies of the Board and bringing to the Board's attention areas which require modification or change, and interpreting the agency's program to the community and giving professional leadership to the Board in doing this job;(viii) Maintaining adequate records on the administrative and fiscal operating of the agency; and(ix) The administrator must hold staff meetings at regular intervals and discuss plans and policies with his/her staff.(b)The Caseworker.1. The agency is required to have a qualified case worker as a member of its staff or casework services can be provided by entering into written agreements and/or contracts with qualified individuals, and/or public or private agencies qualified to provide such services;2. The caseworker must be a graduate of an accredited four (4) year college or university with a major in social work or a related field;3. The administrator may serve as a caseworker providing that he/she meets the same qualifications as caseworker; and4. It is the responsibility of the caseworker to carry out the responsibilites set forth in the Casework Services section.(c)Child Care Staff:1. All child-care staff must be responsible persons possessing the skills necessary to cope with problems and live amicably as a family group. The capacity of child-care staff to provide care must be evaluated on an annual basis. All persons living in the residence are to be evaluated annually.2. Child-care staff must have the character and personality suited to provide care to children. They must be able to accept and respect each child as an individual, demonstrate care and concern, provide a stable family-like atmosphere, have knowledge and understanding of child care, and have the ability to learn and grow on the job.3. Child-care staff must be at least eighteen (18) years of age, They must hold a high school degree or its equivalent. Any child-care worker who does not meet this requirement prior to the effective date of these standards is permitted to remain in this position. Any child-care worker hired following the effective date of these standards must meet this requirement or have a specific plan of action to meet it.(d) Non-employed adult residents of the agency must meet the requirements for volunteers.(e)Volunteers:1. For purposes of these standards, a volunteer shall be considered to be any person providing assistance to the agency without remittance, who has direct and ongoing contact with the residents.2. If any volunteers are used, a process of application and screening shall be established in the agency to ensure that volunteers are of such character and competence as to meet the agency's needs.3. All requirements of 0250-4-2-.05(l)(c) are applicable to volunteers.4. A program of ongoing training and orientation to the philosophies and practice of the agency shall be provided each volunteer within the agency. Within two (2) weeks of being admitted to the agency's program as a volunteer, the new volunteer must receive orientation and instructions related specifically to child abuse detection, reporting, and prevention. This training must be documented in the individual's file.5. Adequate supervision of volunteers shall be provided by paid staff.6. An individual file including the application to participate as a volunteer, the results of the screening process, and letters of reference shall be maintained by the agency on each volunteer.(3) STAFF DEVELOPMENT: (a) Agencies must provide new staff with an orientation program that thoroughly acquaints the new employee with agency philosophy, policies, and procedures specifically including confidentiality procedures. This program must be under the supervision of qualified staff and appropriate to the position being assumed by the new employee.(b) A program of related training must be developed which requires of all child-care staff a minimum of twelve (12) hours training annually. Attendance at conferences and workshops may be included as part of the twelve (12) hours minimum requirement.(4) STAFF RECORDS: (a) Records on all staff members and information on applicants for jobs must be kept in a locked rile at the agency. They must include: an application, transcript of required college degree, proof of completion of high school, reports from three (3) references, one of whom must be a former employer, a physical examination, when required, including tuberculin test, a record of participation in orientation and training activities, a record of positions held by the person during employment at the agency, record of leave, date and reason for termination.(b) In addition to the above, copies of an annual evaluation of the quality of work done by the person while in the agency must be kept in his personnel record. These evaluations must be prepared by the administrator, assistant to the administrator, or the person directly responsible for the super-vision of the employee. If not conducted by the administrator, it must be approved by the administrator or administrative staff.(c) Staff shall have access to their personnel records as afforded to them by law.Tenn. Comp. R. & Regs. 0250-04-02-.05
Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Repeal and new rule filed January 20, 1984; effective February 19, 1984. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned new control number, removed and renumbered from 1240-4-2-.05 filed and effective March 25, 1999.Authority: T.C.A. §§ 4-5-226(b)(2);37-1-401 et seq., 37-1-601 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5-112(a);71-1-105(12) and 71-3-501 et seq.