Section 1240-04-01-.02 - DEFINITIONS(1) Active play. Activity that is appropriate for a child's age and abilities, involves moving the whole body and makes the heart beat faster, and includes any activity that involves moderate to vigorous bursts of high energy.(2) Administrative Closure. Closure of an incomplete application after notification of deficiencies.(3) Administrative Hearing. A hearing that is held under the Uniform Administrative Procedures Act, Title 4, Chapter 5, Part 3 of the Tennessee Code Annotated, rather than a court of law, that is conducted by an administrative law judge from the Secretary of State's Office or by an administrative hearing officer of the Department of Human Services. The purpose of the hearing is to allow a child care agency the opportunity to challenge legal enforcement actions taken by the Department.(4) Ambulation. The ability to walk from place to place.(5) 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.(6) Auxiliary staff. Full- and part-time employees of the child care agency who do not provide caregiving services, including but not limited to custodial, food service and maintenance staff.(7) Child or Children. A person or persons under eighteen (18) years of age.(8) Child Care. As defined by T.C.A. § 71-3-501, the provision of supervision and protection, and meeting, at a minimum, the basic needs of a child for less than twenty-four (24) hours a day.(9) Child Care Agency or Agency. 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 child care center", that provides child care for three (3) or more hours per day to five (5) or more children who are not related to the primary educator.(10) Child Care Agency Board of Review. A committee established to review actions initiated by the Department of Human Services and the Department of Children's Services to deny, revoke, or otherwise limit any license, except for summary suspension of, or probation involving, a license; any civil penalties imposed by the Department of Human Services; or any safety plan implemented by the Department of Human Services that will be, or has been, in effect ninety (90) days or more.(11) Child Care Center. 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 educator.(12) Child Development Associate (CDA). A person who has earned an early childhood educational credential granted by the National Council for Professional Recognition. This credential is only recognized, for purposes of these rules, if issued by the above named organization.(13) Commissioner. The Commissioner of the Department of Human Services.(14) Communicable Disease. An illness due to an infectious agent which is transmitted directly or indirectly to a well person from an infected person.(15) Continuous License. A license issued to a child care agency following its provisional licensure period and after the agency has demonstrated its ability to attain and maintain compliance with all licensing laws and regulations.(16) Curriculum. A planned program of activities and experiences that promotes learning and social and emotional development and includes the content that children are to learn, the processes through which children achieve the identified curricular goals, what educators do to help children achieve these goals, and the context in which teaching and learning occur.(17) Department (DHS). The Tennessee Department of Human Services and its authorized representatives.(18) Developmentally Appropriate Practice (DAP). Principles and guidelines that are appropriate to each child's age and developmental status and responsive to the social and cultural context in which they live.(19) Director. The on-site child care center staff member who has responsibility for the overall operation of the center.(20) Drop-In Child Care Center.(a) 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 educator, 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.).(b) A drop-in center may provide 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 when the school of the affected child is closed.(c) 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.(d) Drop-in centers 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/guardian 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) Educator. An adult individual, whether paid or unpaid, including the Primary Educator, 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. For the purposes of these rules the term educator is equivalent to caregiver as defined by T.C.A. § 71-3-501.(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 which 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 educator.(24) Field Trip. Any off-site activity which occurs away from the general premises of the child care agency's licensed facility.(25) Five (5) Panel Test. A drug test for marijuana, cocaine, methamphetamine, amphetamine, and opiates that uses a specimen of the individual's urine.(26) 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 educator, but not more than twelve (12) children or fifteen (15) children if approved for three (3) additional school-agers.(27) High School Diploma. A document recognizing graduation from an accredited institution, public or private, based on the issuing state's or country's required number of academic credits and includes passing a GED test or equivalent as defined by Tennessee law.(28) Inaccessible. Inaccessible means that the item is located in a place that is unable to be reached by children in that classroom. This location may vary, depending on what age the children are in the classroom where the item is located, such as being placed on a high shelf in an infant room or locked in a locked cabinet in a preschool room.(29) Infant. A child who is six (6) weeks through twelve (12) months of age or until ambulation.(30) Insurance Terms. (a) General Liability Insurance. Provides coverage for legal liability of businesses arising out of business operations for bodily or personal injury and property damage.(b) Auto Liability Insurance. Provides coverage if an insured is legally liable for bodily injury or property damage caused by an accident arising out of ownership or operation of an automobile.(c) Medical Payment Insurance. Provides coverage for necessary medical expenses regardless of who has been assigned fault.(31) Licensee. The owner, to whom a license to operate a child care agency is issued.(32) Licensed Capacity. The designated maximum number of children permitted in the care and supervision of a licensed child care agency as determined by the Department based upon available indoor space, age of children, adult:child ratios, and group size.(33) Owner. The individual or entity who has legal and administrative responsibility for the management and control of a child care agency.(34) Physical Restraint. The use of body contact by staff with a child/youth to restrict freedom of movement or normal access to his or her body.(35) Pre-school Child. A child who is at least thirty-one (31) months of age and who has not entered kindergarten.(36) Primary Educator. The adult on site at a family or group child care home who is directly responsible for care, education, and supervision of children in a child care home and for the daily operation of a child care home. For the purpose of these rules, the term primary educator is equivalent to primary caregiver as referenced in T.C.A. § 71-3-501.(37) Provisional license. A license issued to a child care agency for one hundred twenty (120) days for the purpose of allowing the child care agency to demonstrate their ability to attain and maintain compliance with all licensing laws and regulations. Such provisional license may continue in effect, unless suspended if the Department fails to issue a continuous license after the one hundred twenty (120) day period if the Department determines an extension is necessary to allow the child care agency to demonstrate ability to maintain compliance with licensing laws and regulations.(38) Related. Children, step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings, nieces, nephews or foster children of the primary educator.(39) Restricted license. A license which, either at the time of issuance, or during the license's existence, is reduced in its operational authority so that the child care agency's ability to provide certain child care related services are limited because the Department has determined that one or more areas of the child care agency's operations are not in compliance with child care laws or regulations or the child care agency's operations are, or have, posed a risk to the health, safety or welfare of children in the agency's care or the agency's operations pose the potential of such risk. A restricted license may also be imposed by the Child Care Agency Board of Review as part of its review of the licensing status of a child care agency in the same manner and for the same reasons as such a license is issued or imposed by the Department. A restricted license may be appealed to the Child Care Agency Board of Review.(40) Safety Plan. A mandatory plan applicable to a child care agency as a result of an investigation. A safety plan may require, but is not limited to, the exclusion or restriction of any individuals from access to children, the closure or restriction of any part of the child care agency, the modification or elimination of services at the child care agency, the re-inspection of the child care agency, the training of child care agency management, staff or volunteers.(41) School-Age Child. A child who has entered kindergarten through seventeen (17) years of age. A child may be considered school-age during the summer immediately preceding their entry into kindergarten.(42) Screen time. Instances in which television, videos, video games, cell phones, computers, and other digital devices are used, excluding adult-directed presentations using screens (ex. Power Point, slideshow, Smart/Whiteboards) provided such media are educational and used interactively with children.(43) Seclusion: The confinement of a child/youth alone in a room or an area where the child/youth is physically prevented from leaving. Seclusion includes, but is not limited to, instances in which a child/youth is confined by a locked or closed door.(44) Serious Incident. Serious incident includes but is not limited to: any incident involving serious injuries; any reports made to the Department of Children's Services and/or law enforcement; anytime it is necessary to call 911; any incident that may result in staff exclusion from child care per 1240-04-01-.07; any transportation accidents and/or moving violations including traffic citations (such as a driver cited for speeding) that occur when children are in a child care agency operated vehicle; and any child or adult fatality at the child care agency.(45) Serious Injury. An injury that requires treatment from an outside medical professional or facility such as an emergency medical technician, physician, health clinic, or hospital.(46) Specialized Services. Services provided to children with special needs by individuals having extensive training or expertise in a particular field such as speech/language therapy, physical therapy, play therapy, mental health counseling, or health care treatments, etc.(47) Staff. Full- and part-time paid educators and employees of the child care agency.(48) Substitute. Paid or unpaid persons who are replacements for regular staff.(49) Sugar sweetened beverages. Beverages with added sweeteners (such as flavored milk, soft drinks, fruit drinks with added sugar, sports drinks, and energy drinks).(50) Time Out. A means of correcting undesirable behavior by removing the child from the environment, placing the child in a quiet place away from the group for a few minutes, and then talking about the problem.(51) TDHS eLicensing System: The system of record for all child care agencies licensed by the Department of Human Services as of the effective date of these rules.(52) TNPAL: Tennessee Professional Archive of Learning (TNPAL) is the central repository and system of record for all child care training and professional development.(53) Toddler. A child who is thirteen (13) months through thirty (30) months of age.(54) Unsupervised Access to a Child. When a person who is not an approved staff person has access to a child and no other approved staff person is present with the child and supervising.(55) Volunteer. A person who provides services for a child care agency without payment and who is used to supplement the regular staff.Tenn. Comp. R. & Regs. 1240-04-01-.02
Original rule certified June 10, 1974. Amendment filed March 16, 1978; effective April 17, 1978. Repeal and new rule filed December 6, 1983; effective January 5, 1984. Amendment filed October 9, 1987; effective January 27, 1988. Repeal and new rule filed April 22, 1992; effective June 6, 1992. Amendment filed July 1, 1993; effective September 14, 1993. Amendment filed November 18, 1999; effective January 31, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed August 30, 2001; effective November 13, 2001. Amendment filed November 21, 2002; effective February 4, 2003. Emergency rules filed July 1, 2016; effective through December 28, 2016. Amendments filed September 28, 2016; effective December 27, 2016. Amendments filed May 1, 2018; effective July 30, 2018. Amendments filed March 31, 2022; effective 6/29/2022.Authority: T.C.A. §§ 4-5-201, et seq.; 4-5-202; 71-1-105; 71-1-105(a)(5) and (a)(12); 71-3-501, et seq.; 71-3-502(a)(2); and 71-3-502(a)(4)(B); and Acts 2000, Ch. 981, §§ 3(a)(4) and 14.