Tenn. Comp. R. & Regs. 0250-04-11-.03

Current through January 8, 2025

Section 0250-04-11-.03 - PERSONNEL POLICIES

(1) The Board of Directors or the governing body in cooperation with the chief administrative officer, shall establish written personnel policies. These policies shall include:

(a) A job description for each position in the agency covering position's responsibilities, academic qualifications, and required level of experience;

(b) Annual salaries and performance review requirements;

(c) Physical examination policy;

(d) Training activity requirements and method of documentation that employees have met these requirements;

(e) A defined work week and hours to be worked per week;

(f) Vacation policy that clearly defines amount of time allowed and payment plan;

(g) Sick leave policy;

(h) Policies regarding Social Security, insurance, retirement plans, and other fringe benefits;

(i) Agency grievance procedure;

(j) Grounds for dismissal; and

(k) Written policy related to detection, reporting, and prevention of child sexual abuse as provided by state law.

(2) STAFF RECORDS:

(a) Records on all staff members and information on applicants for jobs must be kept in a locked file at the agency. They must include: an application, reports from three references, one of whom must be a former employer, a written statement of good physical health from a health care professional, 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, and date and reason for termination. Employee personnel files must include copies of educational transcripts documenting required degrees.

(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/her personnel record. These evaluations must be prepared by the chief administrative officer, assistant to the chief administrative officer, or by the person directly responsible for the supervision of the employee. If not conducted by the chief administrative officer, it must be approved by the chief administrative officer.

(c) Staff shall have access to their personnel records as afforded to them by law.

(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 in-service training must be developed which provides staff with a minimum of 12 hours in-service training annually. Attendance at conferences and workshops may be included as part of the 12-hour minimum requirement. Six hours of the annual training must be provided by sources outside the agency.

(c) Participation in these activities must be documented in personnel files.

(d) Within two 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

(4) GENERAL QUALIFICATIONS:

(a) Agency employees shall be persons of good character. They shall possess the health, emotional stability, and ability necessary to carry out their assigned duties.

(b) An agency shall obtain references attesting to the character, integrity, and ability to perform tasks required for the position. At least one of these references must be from a former employer.

(c) The agency must obtain or document an attempt to obtain a criminal records check on each employee and volunteer. (For example: NCIC.)

(5) SCREENING: EXCLUSIONS FOR CERTAIN CRIMES:

(a) Reserved.

(b) 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. Any 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.

(c) A person who is currently charged with, has been convicted of, 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.

(6) MEDICAL STANDARDS:

(a) All staff and volunteers who provide direct services to clients must have a written statement from a professional health care provider that they are in good physical health.

(b) Any staff or volunteer engaged, following the effective date of these standards, must meet this requirement.

(7) SPECIFIC QUALIFICATIONS FOR STAFF:

(a) The Chief Administrative Officer:

1. The chief administrative officer must be selected by the Board of Directors and be accountable to the Board for satisfactory performance of duties;

2. The chief administrative officer must have a bachelor's-level degree from an accredited four-year college or university;

3. The chief administrative officer must be responsible for:

(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 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 if another person has not been delegated the responsibility;

(vi) Communicating to the Board information on the operation of the agency, unmet needs, and modern methods regarding child abuse prevention 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 operation of the agency; and

(ix) The administrator must hold staff meetings at regular intervals and discuss plans and policies with his/her staff. The administrator must secure adequate clerical staff to keep correspondence records, bookkeeping, and files current and in good order.

(b) Professional Staff; Staff who counsel abusive or neglectful parents or parent substitutes and/or the children who are involved in abuse or neglect situations, must meet the following qualifications:

1. Director of counseling services or counseling supervisor or equivalent position: must have a master's degree from an approved school of social work or an equivalent degree in a related Children's Services' field such as psychology or guidance and counseling, and have at least two years full-time employment in the delivery of child welfare services.

2. Caseworker: must possess a bachelor's-level degree from an accredited four-year college or university in a Children's Services related field.

3. If there is only one caseworker, he or she must meet the qualifications for director of counseling services.

4. There shall be a supervisor for each caseworker. Each full-time casework supervisor must supervise no more than eight full-time equivalent caseworkers.

(c) Homemakers: If homemaker service is provided, the following requirements must be met:

1. The homemaker must be in good physical and emotional health as evidenced by an annual physical examination [See 0250-4-11-.03(6)(a) ];

2. The homemaker must meet all criteria specific to the job description for the job held; and

3. Adequate supervision of homemakers must be provided by trained staff.

(d) Volunteers: If volunteer service is provided, the following requirements must be met:

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 clients or client records;

2. If any volunteers are used, a process of application and screening must 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 0250-4-11-.03(5) are applicable to volunteers; and

4. Volunteers must be provided a minimum of 12 hours training the first year, nine of which must be provided prior to assignment. This training must include the following topics:

(i) Types and definitions of child abuse, including orientation and instructions related specifically to child abuse detection, reporting, and prevention which must be documented in the volunteer's file with the agency;

(ii) Supervision;

(iii) Family dynamics; and

(iv) Confidentiality.

5. On-going training for volunteers must include six hours per year of training, three of which must be provided by sources outside the agency.

6. Adequate supervision of volunteers must be provided by trained staff.

7. An individual file including the application to participate as a volunteer; the results of a criminal records check; a written statement of good physical health from a health care professional; and letters of reference must be maintained by the agency on each volunteer.

Tenn. Comp. R. & Regs. 0250-04-11-.03

Original rule filed August 13, 1979; effective November 28, 1979. Repeal and new rule filed June 28, 1994; effective July 28, 1984. Repeal and new rule filed May 7, 1991; effective June 21, 1991. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-4-11-.03 filed and effective March 25, 1999.

Authority: T.C.A. §§ 4-5-226(b)(2);37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); 71-3-501 et seq., and 37-1-601 et seq.