Section 1240-04-01-.05 - OWNERSHIP, ORGANIZATION, AND ADMINISTRATION(1) Child Care Agency Program Description.(a) An applicant shall submit a written program description to the Department that includes the following information:1. All services and types of care to be offered;2. Ages of children accepted;4. Description of food service; and5. If applicable, plans for sharing outdoor equipment and space with children not enrolled in the child care agency.(b) Notification of changes to the program description shall be submitted to the Department at least ten (10) calendar days prior to making the change.(2) Finances. (a) The applicant shall provide a proposed budget that demonstrates adequate funding for both preliminary and ongoing costs associated with staffing, equipment and safe operation.(b) Relevant financial records of the child care agency shall be immediately available to the Department upon request.(3) Records of Subsidized Child Care and Food Supplement Payments. (a) A child care agency that receives any funding from the Department or its contractors to subsidize the cost of child care or the cost of providing meals or snacks shall maintain and make available immediately upon request of any auditing or licensing authority the following: 1. Complete and accurate record of payments received;2. Children's attendance;3. A record of food served for each program in which the child care agency participates; and4. Any other records required by the Department or any other child care agency for reimbursement for the child's care and/or feeding.(4) Liability and Medical Payment Insurance Coverage.(a) General liability, automobile liability and medical payment insurance coverage shall be maintained on the vehicles owned, operated or leased by the child care agency and on the operations of the child care agency's facilities as follows: 1. Family and Group Child Care Homes: General liability coverage on the operations of the child care agency facilities shall be maintained in a minimum amount of:(i) Three Hundred Thousand Dollars ($300,000) per occurrence; and(ii) Three Hundred Thousand Dollars ($300,000) general aggregate coverage.2. Child Care Centers and Drop-In Child Care Centers: General liability coverage on the operations of the child care agency facilities shall be maintained in a minimum amount of: (i) Five Hundred Thousand Dollars ($500,000) per occurrence; and(ii) Five Hundred Thousand Dollars ($500,000) general aggregate coverage.3. Medical payment coverage for injuries to children resulting from the operation of the child care agency shall be maintained in the minimum amount of Five Thousand Dollars ($5,000).4. Automobile Coverage for Child Care Agencies that Transport Children: (i) Automobile liability coverage. (I) Family and Group Homes: Automobile liability coverage shall be maintained in a minimum amount of three hundred thousand dollars ($300,000), combined single limit of liability.(II) Child Care Centers: Automobile liability coverage shall be maintained in a minimum amount of five hundred thousand dollars ($500,000), combined single limit of liability.(ii) Medical payment coverage for injuries to children being transported in vehicles owned, operated or leased by the child care agency shall be maintained in the minimum amount of five thousand dollars ($5,000).(b) A standard homeowner's policy is not sufficient to provide the coverage requirements for a child care facility outlined in this section.(c) The requirements of this paragraph shall not apply to a child care agency 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 coverages and the liability limits required by these rules.(d) Unless subparagraph (c) is applicable, non-profit corporations that administer Head Start child care programs and are defined as government entities for the purposes of the governmental tort liability act (T.C.A. §§ 29-20-101 et seq.) shall have the insurance required by subparagraph (a) above.(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 child care agency and shall be available for review by the Department. Documentation shall include the declarations page of the insurance policy and this documentation shall reflect, at a minimum, the requirements described above.(5) Enrollment Restrictions. (a) Enrollment of children under six (6) weeks of age is prohibited.(b) Any child care agency licensed by the Department shall place the following children ahead of any civilian (non-military) parents or guardians on a waiting list, including: children who have a parent or legal guardian who is an active duty member of the armed forces; children who have a parent who was killed or died as a direct result of injuries received during a qualifying period of armed conflict; children who have a parent who has been reported as a prisoner of war or missing in action while serving honorably during a qualifying period of armed conflict; and children who have a parent who was a former prisoner of war or was formerly missing in action while serving honorably during a qualifying period of armed conflict.(c) Children shall not be in care for more than twelve (12) hours in a twenty-four (24) hour period except in special circumstances.(d) Individualized plans for the care of a child in excess of twelve (12) hours due to special circumstances shall be signed by the parent/guardian and primary educator/director and approved in advance by the Department. Plans shall be updated annually.(e) The child care agency shall not admit a child into care until the parent/guardian has supplied the child care agency with a completed application, valid Tennessee Department of Health Official Immunization Certificates record (for children over two (2) months of age), and a health history. There is an exception after an initial eligibility determination for children who are homeless and/or children in state custody. Those children may receive care prior to providing all required documentation as determined by the Department. Care without such documentation of immunizations shall not exceed sixty (60) days.(f) The child care agency shall maintain written documentation that the parent/guardian performed an on-site visit to the child care agency prior to the child being enrolled into care and that the child care agency provided and reviewed parent engagement strategies recognized by the Department with the parent during the required preplacement visit. A pre-placement visit is not required for children of homeless families.(6) Home Schooling.(a) Home schooling shall not take place during child care hours unless a qualified primary educator, in addition to the home schooling parent/guardian, is available to supervise the child care agency and to care for the enrolled children.(b) Home schooling conducted during child care operating hours shall be conducted in a space separate from the designated child care space.(7) Extended Care.(a) Extended care services may be offered by a child care agency as an additional component to conventional care services, or the child care agency may exclusively provide extended care services.(b) In order for a child care agency to offer extended care services, the Department shall issue a license bearing a notation that the child care agency is authorized to provide extended care services.(c) A child care agency may not offer extended care services without the Department's approval.(8) Child Care Agency Drug Testing Policy.(a) Child care agencies shall establish a drug testing policy for all staff that have direct contact with children, as defined by the Department, with a child in the care of the child care agency.(b) The policy shall:1. Specify when and how testing should be completed;2. Provide for immediate and effective enforcement action in the event of a positive drug test; and3. Require drug testing based upon reasonable suspicion that employees, directors, licensees, or operators of a child care agency, or other persons providing services under contract or for remuneration for the agency are engaged in the use of illegal drugs.(c) The child care agency shall provide the policy to all staff that have direct contact with children upon the individual's employment with the child care agency.(d) The child care agency shall maintain drug test results for all currently employed staff members who are subject to drug testing and for five (5) years after employment is terminated. All drug test results shall be immediately provided to the Department upon request.(e) Drug testing results are confidential and may be disclosed only for purposes of enforcing this part.(f) The Department may require the licensee or operator of a family child care home who has direct contact with children to submit to a drug test at the expense of the licensee or operator, when reasonable suspicion exists.(g) A child care agency that does not comply with this section is subject to the Department:1. Denying the application for a license or;2. Suspending or revoking a license issued.(9) Parent Communication and Engagement. (a) The child care agency shall ensure that a copy of the child care agency's policies, procedures, and the Department's Summary of Licensing Requirements is supplied to the parents/guardians upon admission of the child.(b) The child care agency's policies shall include, at a minimum: 1. Criteria for the disenrollment of children;2. Specific criteria concerning the release of children;3. Written parental permission for observation of children by non-child care agency staff;4. Behavior management techniques;10. Whether the environment is smoke free;11. Meal service policy; and12. Child care agency after-hours contact telephone phone number in case of an emergency.(c) Parents/guardians shall be permitted to see the professional credential(s) of staff upon request.(d) The child care agency shall have ongoing communication with parents/guardians to include curriculum, changes in personnel, changes in policies and/or substantive licensing requirements, and any changes affecting children's routine care, and shall document such communication in writing.(e) Child care agencies shall provide information about the benefits of immunizing children against influenza and other communicable diseases as requested by the Department each August or September to parents/guardians of all children enrolled in the child care agency and document such communication in writing.(f) The child care agency shall use a developmental checklist recognized by the Department as a guide for conducting annual individual parent meetings to discuss the child's progress and development. Documentation of the meetings must be maintained in the child's record. This is not required for school-age children participating in afterschool programs.(g) All child care agencies shall disseminate materials and information to parents/guardians, as required by the Department.(h) Child care agencies shall obtain training relevant to the special needs of the children in care and shall consult with parents/guardians and appropriate service providers regarding techniques used in the home to ensure the children's safety. If children with special needs are enrolled, Section 504 of the federal Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) guidelines shall be consulted regarding the reasonable accommodations a child's disability may require and complied with.(i) Specialized Services. 1. The provision of specialized services shall be conducted only by individuals who hold the appropriate license or certification and with written permission by the parent/guardian and shall be documented in the child's record.2. Any information exchanged regarding specialized services that is shared with or received from third parties shall also be documented in each child's record.(j) During operating hours, parents/guardians shall be permitted immediate access to their children, unless an Order of Protection or other legal document otherwise restricts or prohibits such access.(k) Documented permission, including prior notification and consent for each field trip, shall be obtained from the parents/guardians prior to the child's removal from the premises for a field trip.(l) Authorized Removal of Children.1. An authorized investigator with the Department of Children's Services or law enforcement may take a child off the premises of the child care agency if he/she has obtained custody of the child as follows:(i) Voluntary placement agreement with the parent/guardian;(iii) Emergency assumption of custody under T.C.A. § 37-1-113 without parent/guardian permission;(iv) If the child's parent or legal guardian is present and approves; or(v) In conjunction with investigative procedures under the child abuse laws.2. The child care agency shall request visual confirmation of an investigator's identification.(10) Notifying Parents/Guardians.(a) The child care agency shall post the following in a clearly visible location and obtain parents'/guardians' signatures indicating they have read the document: 1. A formal notice of a critical licensing violation that put a child at imminent risk of harm or resulted in actual harm; (i) Critical violations include but are not limited to the following:(IV) Failure to properly dispense or store medications;(V) Background checks/Failure to complete or failure to exclude;(VI) Failure to store hazardous items;(VII) Failure to properly remove or secure firearms;(VIII) Corporal punishment;(IX) Failure to report suspected abuse or neglect;(X) Falsification of documents required by the Department;(XI) Failure to have CPR/first aid certification as required by the Department;(XII) Six (6) or more minor violations of any type within a three (3) month period; or (XIII) Three (3) or more minor violations of the same type within a three (3) month period.2. Any issuance of a legal enforcement order;3. Any decision rendered by the Child Care Agency Board of Review pursuant to Chapter 1240-04-05;4. An Order affecting the child care agency's operations issued by any court of law; or(11) Right to Privacy/Confidentiality. The licensee and child care agency staff shall not disclose or knowingly permit the use by other persons, any information concerning a child or family enrolled at the child care agency except as required by law.
(12) Posting Required Documentation.(a) The following shall be posted near the main entrance where staff, parents, and others may view them: 1. The child care agency license;2. Current child care agency quality rating improvement system score;3. The child care agency's operating hours;4. The Department's toll-free Child Care Complaint Hotline phone number and email address; and5. The Department of Children's Services' Central Intake Child Abuse Hotline number.(b) "No Smoking" signs shall be posted in a conspicuous manner at each entrance to the facility.(c) Required adult:child ratios and group size shall be posted in every classroom.(d) Items that must be accessible in a place where staff, parents, and others may view:1. A link to the electronic location of applicable Department licensing rules and a hard copy on-site available for reference;4. Notice of requirements to report child abuse;5. Emergency procedures; and6. Record of fire and other emergency drills.(e) Any other materials shall be posted as directed by the Department.(13) The child care agency shall have a written expulsion policy.(a) The policy shall be:1. Clearly articulated to staff and parents;2. Developmentally appropriate and consistent; and3. Non-discriminatory in practice and impact.(b) Other options shall be considered prior to expulsion, such as but not limited to reducing the number of days or amount of time the child may attend, or if applicable, referrals to a behavioral health program or other appropriate supporting program.(c) Procedures shall be developed to allow for a planned transition of a child to another program if expulsion must occur.(d) Aggregate data that includes reasons for expulsions shall be maintained and reported to the Department on a Department-approved form when such expulsions take place and as requested.(14) Data Reporting. Child care agencies shall submit data as requested by the Department:(a) Quarterly on topics such as but not limited to: active enrollment, homeless children, non-traditional hours, English as a Second Language/dual language learners, and children with disabilities; and(b) As it occurs: death/serious injuries, child abuse.(15) Falsification of any information or documentation is prohibited.Tenn. Comp. R. & Regs. 1240-04-01-.05
Original rule certified June 10, 1974. Amendment filed March 16, 1978; effective April 17, 1978. Amendment filed June 7, 1982; effective September 30, 1982. Repeal and new rule filed December 6, 1983; effective January 5, 1984. Amendment filed June 27, 1985; effective September 13, 1985. Amendment filed October 9, 1987; effective January 27, 1988. Amendment filed April 30, 1996; effective July 14, 1996. Public necessity rule filed October 1, 2008; effective through March 15, 2009. Amendment filed December 29, 2008; effective March 14, 2009. Amendments filed May 1, 2018; effective July 30, 2018. Amendments filed March 31, 2022; effective 6/29/2022.Authority:7 C.F.R. § 226.15(e); T.C.A. §§ 4-5-202; 4-5-209; 39-17-1803; 71-1-105(a)(5) and (a)(12); 713-501, et seq.; 71-3-502(l); 71-3-502, et seq.; and 71-3-512; and Acts 2008, Ch. 1032.