Section 0250-04-05-.01 - LEGAL BASIS FOR LICENSING(1) GENERAL: The legal basis for licensing is contained in T.C.A. §§ 14-10-101 through 14-10-130.(2) DEFINITIONS: For the purpose of this chapter, the following terms have the following meanings: (a)Child - A person under seventeen (17) years of age.(b)Commissioner - The Commissioner of the Department of Children's Services.(c)Department - The Tennessee Department of Children's Services.(d)Emergency Shelter Care - Care available an a 24 hour basis. Its purpose is to provide care for children in emergency cases. The length of care should not extend beyond 30 days. In rare instances where longer care is required, the reason should be documented in the case record. Length of cafe must not extend beyond 90 days in any case.(e)Law - Tennessee Code Annotated, Sections14-10-101 through 14-10- 130.(f)License- A yearly permit issued to a residential child-caring agency giving care to children. Licensing is based on meeting required standards developed and published by the Department.(g)Residential Child-Caring Agency - (defined as "Child-Caring Institution" in the law). Any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full time care for thirteen (13) or more children under seventeen (17) years of age outside their own homes in facilities owned or rented and operated by the organization. For licensing purposes this definition is further expanded to mean the full time care of thirteen (13) or more children in one or more buildings on contiguous property with one administrator.(h)Staff - Full time and part time employees of a Residential Child Caring Agency.(i)Wilderness Camp - A facility which provides a primitive camping program with a non-punitive environment and an experience curriculum for children twelve (12) years of age and older, who have difficulty functioning in the home, school or community.(3) BASIS FOR APPROVAL FOR LICENSE: The provisions of T.C.A. § 14-10-104 are applicable.(4) LICENSING PROCEDURE: (a)Application Fees. The provisions of T.C.A. § 14-10-106(a) as amended by Public Chapter 536, "Acts of 1986" are applicable.(b)Re-application After Denial or Revocation. The provisions of T.C.A. § 14-10-106(b), as amended by Public Chapter 536, "Acts of 1986", are applicable.(c)Temporary License. The provisions of T.C.A. § 14-10-107 are applicable.(d)Hearing on Denial of Application. The provisions of T.C.A. § 14-10-108, as amended by Public Chapter 536, "Acts of 1986", are applicable.(e)Revocation of License; Emergency Suspension. The provisions of T.C.A. § 14-10-109, as amended by Public Chapter 536, "Acts of 1986", are applicable. If the Department finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of the license will be ordered pending revocation proceedings, as provided in T.C.A. § 4-5-320(c).(f)Penalty for Unlicensed Operation. The provisions of T.C.A. § 14-10-113 are applicable.(g)Inspection of Licensed Agencies. The provisions of T.C.A. § 14-10-119 are applicable. (h)Reports of Child Abuse. The provisions of T.C.A. § 14-10-130 are applicable.(5) PUBLIC AGENCIES: INSPECTION AND REPORT.The provisions of T.C.A. § 14-10-118 are applicable.(6) FOSTER CARE REQUIREMENTS:(a) State law, codified as T.C.A. §§ 14-10-124 and 37-2-401 through 37-2-411, requires the development of plans for each child in foster care including long-term agreements, establishes procedures for periodic review of such plans, and establishes review boards in each county. Amendments to the Licensing Law in 1978 establish a method for periodic review of foster care custody that will provide for termination or continuation of custody in accordance with the findings of the review. A plan must be submitted on each child in foster care placement within 30 days of the original date the child has been placed in foster care. This is to be submitted regardless of whether the child is in care by court order or voluntary placement agreement. The plan is to be submitted to the Juvenile Court having jurisdiction over the child. Every six months thereafter a report is to be submitted to the court or foster care review board enumerating progress or lack of progress made toward the goals on the original plan. Each plan must be submitted, reevaluated and updated annually. Every eighteen months (or at least every 36 months if rights of both parents have been surrendered or terminated), the judge or referee must hold a hearing to consider the continued need for foster care and progress of same.(b) Compliance with all foster care requirements of State law is a licensing requirement, and non-compliance may be grounds for license revocation.(7) REPORTING OF BRUTALITY, ABUSE, NEGLECT OR CHILD SEXUAL ABUSE. The provisions of T.C.A. § 37-1-403 are applicable.(8) VIOLATIONS; PENALTIES. The provisions of T.C.A. § 37-1-615 are applicable.Tenn. Comp. R. & Regs. 0250-04-05-.01
Original rule certified June 10, 1974. Repeal and new rule filed April 4, 1979, effective May 21, 1979. Amendment filed March 6, 1980; effective April 20, 1980. Repeal and new rule filed December 30, effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.01 filed and effective March 25, 1999.Authority: T.C.A. §§ 4-5-226(b)(2);14-10-101, 14-10-104, 14-10-106 through 14-10-110, 14-10-113, 14-10-118, 14-10-119, 14-10-124, 14-10-130, 37-1-615; 37-2-401 through 37-2-411; 37-5-101;37-5-105; 37-5-106; 37-5-112(a) and P.C. 536, "Acts of 1986".