Tenn. Comp. R. & Regs. 0520-12-01-.05

Current through June 26, 2024

Section 0520-12-01-.05 - PROGRAM ORGANIZATION AND ADMINISTRATION

(1) Each program shall have an adequate budget for the financial support of the program. Adequate financing of the center's operation shall be maintained throughout the year.

(a) Proposed budgets and other relevant financial records shall be available to the Department of Education upon request.

(b) If any program 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 program, including but not limited to foreclosure notices, liens, etc. or, if any program 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 grant compliance status or tax enforcement proceedings, the program's management shall immediately notify the Department and shall provide current documentation of the status of the program, including copies of necessary administrative and/or court legal documents applicable to that status.

(2) General liability, automobile liability and medical payment insurance coverage shall be maintained on the operations of the program's facilities and on the vehicles owned, operated or leased by the program and as follows:

(a) General liability coverage on the operations of the program's 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.

(b) 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 program.

(c) Automobile coverage for programs that transport children:

1. Automobile liability coverage shall be maintained in a minimum amount of five hundred thousand dollars ($500,000) combined single limit of liability.

2. 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 program.

(d) The requirements of this paragraph shall not apply to a program 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 coverage and the liability limits required by these rules.

(e) Documentation that the necessary insurance is in effect, or that the administrative department or other entity is self-insured, shall be maintained in the records of the program and shall be available for review by the Department.

(3) Enrollment.

(a) A program shall not enroll a child into care until the parent or guardian has supplied the program with a completed application, Tennessee Department of Health Official immunization record (for children over two (2) months of age), and a health history.

(b) Exceptions to this immunization requirement may be made only if:

1. 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;

2. The child's parent provides a signed written statement that such immunizations conflict with his/her religious tenets and practices; or

3. Care for children of homeless families and/or children in state custody is needed before documentation of immunizations can be confirmed. Program must have a written plan for obtaining records for children who are homeless and/or in state custody.

(c) Programs may not deny enrollment to students based on citizenship status. (Plyler v. Doe, 457 U.S. 202, 1982).

(d) Enrollment of children under six (6) weeks of age is prohibited.

(e) The program shall maintain documentation that the parent was offered an on-site visit of the program to review the facility and the opportunity to review the program's policies and procedures prior to the child being enrolled into the program. Exception: On-site visit is not required for children of homeless families.

(f) Enrollment of children shall be allowed throughout the year, as long as the requirements set forth in these rules are met.

(4) Each program 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.

(a) Parents or guardians shall be provided a parent handbook outlining the program's policies, procedures, and the requirements of this Chapter upon admission of the child. The program's parent handbook shall include, at a minimum:

1. Criteria for the disenrollment of children (expulsion policy);

2. Specific criteria concerning the release of children to anyone whose behavior may place the children at immediate risk;

3. Behavior management techniques;

4. Rates and late fee policy;

5. Hours of operation;

6. Emergency plan and inclement weather policy;

7. Smoke free environment; and

8. Meal service policy.

(b) The program shall require the parent to sign for receipt of the policies and summary of the requirements of this Chapter, and the signed receipt shall be maintained by the program in the child's file.

(c) Parents shall be permitted to see the professional credential(s) of program staff upon request.

(d) An abuse prevention awareness program or abuse prevention awareness information for parents shall be offered at least once a year. The program shall include a child abuse prevention component, approved by the Department of Education, with information on the detection, reporting, and prevention of child abuse in child care centers and in the home.

(e) After issuing two (2) formal notices of violations in compliance with rules, a Notice of Probation, or after issuing any type of legal enforcement order, the Department may, in its discretion, require the program to notify parents and funding sources of the circumstances.

(f) The Department may, at its discretion, notify parents and funding sources of any decision affecting the program rendered by the State Board of Education Child Care Advisory Council serving in the role of Hearing Board for appeals or by any court.

(5) Release of Children

(a) 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 services laws or other applicable laws.

(b) Children shall be signed in and out of the program by the legal guardian or persons authorized on the list to pick up the child. Students transported to the program pursuant to 0520-12-01-.13 may be signed in and out by the appropriate staff person. Program staff shall verify parental authorization and the identity of any person to whom a child is released.

(c) Children shall only be released to a designated person in accordance with the child release plan. The program shall verify the identity of the authorized person by requiring presentation of a photo identification. The person to whom the child is released must sign the child out of the program.

(d) Children should not be released to anyone whose behavior, as deemed by a reasonable person, may place him/her in imminent risk. Immediately call 911, the local law enforcement agency or other emergency services number prior to the release of children. If the person, displaying risky behavior, is not the parent, the program shall not release the child and the parent shall be called immediately.

(e) During operating hours, parents shall be permitted access to their children. Programs shall develop a policy and implementation plan regarding non-custodial parent access and/or denial of access to children. The policy and implementation plan shall be provided to all parents. (The policy may be included in the parent handbook.)

(f) A parent shall be notified before the child leaves the premises except in emergency circumstances. An authorized investigator with the Department of Children's Services or local law enforcement may take a child off the premises of the program if he/she has obtained custody of the child as follows:

1. Voluntary placement agreement with the parent;

2. Court order;

3. Emergency assumption of custody under T.C.A. § 37-1-113 without parental permission;

4. The child's parent or legal guardian is present and approves; or

5. In conjunction with investigative procedures under the child abuse laws.

(6) 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.

(a) Incidents, accidents and injuries to children shall be documented immediately as follows:

1. Date and time of occurrence;

2. Description of circumstances; and

3. Action(s) taken by the program.

(b) 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.

(c) The Department shall be notified of any child fatality at the program no later than one (1) calendar day immediately following the death.

(7) All programs must comply with the following record requirements for children and staff:

(a) All records shall be maintained in an organized manner and shall be made available to the Department upon request.

(b) 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;

(ii) Name of parent(s);

(iii) Child's and parents' home address (or addresses) and phone numbers;

(iv) Parents' business addresses, phone numbers, and approximate 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 parent(s) 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(s) regarding emergency medical care.

4. A written plan stating to whom the child shall be released.

5. Written transportation agreement between parent and the program regarding daily transportation between home and the program and the program and 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 program and shall be available to appropriate staff.

7. Daily attendance records for each child to include time in and time out.

8. Prior written permission of parent for each off-site activity.

9. Immunization Record.

(c) 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. Records of children enrolled in pre-kindergarten programs may be made part of the child's cumulative file.

(d) 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. 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 program.

(e) School-age children's records shall include:

1. An information form that list the name, address, and phone number of the school the child attends;

2. If the school-age program is not located within the school in which the child is enrolled, the program 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 a center which lacks approved kindergarten status for purposes of T.C.A. § 49-6-201 shall include a signed acknowledgment from 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 maintained in the child's file; and

4. Written authorization from a physician for the self-administration of medication for the current school year, if applicable.

(f) Staff records shall include:

1. Name, birth date, social security number, (used by the employer for Federal/State tax purposes), address, and telephone number of all staff members and a contact for each staff member in an emergency;

2. Educational background and educational experiences, including dates and places of diplomas received, teaching license if applicable, and conferences, courses, and workshops attended throughout the year;

3. Documentation signed by the examining licensed physician, licensed psychologist, licensed clinician, Nurse Practitioner, or Physician's Assistant, verifying that the staff person is 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. 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;

4. At least three (3) references from non-relatives, either written or with documented interviews of each reference on each staff member;

5. Written, verified record of employment history;

6. Documentation of annual performance reviews;

7. Daily attendance (including time in/out) of staff;

8. Signed and completed criminal history disclosure form;

9. Verification of criminal background check and Vulnerable Persons Registry results;

10. Documentation of trainings to include all pre-service training hours; and

11. Date of employment and date of separation from the program.

12. Driver records shall additionally contain:

(i) Copy of driver's license showing proper endorsement;

(ii) Verification of a passed pre-employment drug screen;

(iii) Verification that the driver is included in every randomly generated pool of drivers for all annual random drug screening and proof of a passed drug test every time the driver is randomly selected; and

(iv) Verification of Cardiopulmonary Resuscitation (CPR) and First Aid certifications. Drivers only providing transportation for field trips with a program staff on board are not required to have CPR and First Aid certification.

(g) Staff records shall be maintained for at least one (1) year following the separation of the staff from the program. Date of separation should be placed on the staff form.

(h) Records of volunteers shall be maintained and must include names, addresses, telephone numbers and dates of service of all volunteers.

(i) Records of substitutes shall be maintained and include the names, addresses, telephone numbers and dates of service of all substitutes.

(8) The program 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 health, safety, or welfare of any child enrolled in the program or the child's family.

(9) Programs shall meet the following requirements for the posting of documentation:

(a) During the hours of operation, the current certificate of approval shall be posted near the main entrance in a conspicuous location.

(b) The Department of Human Services' toll-free complaint number shall be posted in a conspicuous location.

(c) The Department of Children's Services' child abuse number shall be posted near the main entrance in a conspicuous location and at each telephone.

(d) A copy these state board rules shall be maintained in a central space and available to all staff and parents.

(e) No smoking signs shall be posted in a conspicuous manner.

(f) The program shall post any other materials as directed by the Department.

Tenn. Comp. R. & Regs. 0520-12-01-.05

Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective 4/25/2019.

Authority: T.C.A. §§ 4-5-201, et seq.; 37-1-403(a)(8); 49-1-302(l); 49-1-1101 through 49-1-1109; 49-2-2110; 49-6-2101; 49-6-2105; 49-6-2107; 49-6-2108; 49-6-2114; 49-6-2116; 55-9-602, et seq.; 55-50-301, et seq.; and 55-50-401, et seq.