Tenn. Comp. R. & Regs. 1240-04-01-.06

Current through October 9, 2024

Section 1240-04-01-.06 - STAFF

(1) Responsibility for Staff.

(a) Owners, directors, and primary educators shall be responsible for:

1. Selecting qualified and capable staff;

2. The supervision, training, and evaluation and performance management of the staff;

3. The efficient operation of the child care agency's program; and

4. Providing written policy to staff that includes job functions, qualifications, lines of authority, staff performance evaluations, and disciplinary process.

(b) Annual Evaluations.

1. Teaching staff, assistant directors, and directors shall be evaluated on the performance of their duties at least annually.

2. Records of performance evaluations shall be maintained in the educator's files and made available to the Department upon request.

(2) Organizational Management.

(a) Family and group home child care agencies must notify parents in advance of person(s) in charge during the primary educator's absence.

(b) The primary educator/director shall identify and notify staff of the person in authority in the event of his/her absence.

(c) The child care agency shall be responsible for all volunteers and service providers/contractors providing services to the child care agency.

1. Service providers or contractors shall never be alone with children unless:

(i) Written authorization is obtained from a parent/guardian for the child prior to receiving the service;

(ii) Written authorization is obtained from a parent/guardian naming the service provider or contractor as their authorized representative for the purposes of releasing the child to them; and

(iii) The service provider or contractor shall provide identification prior to signing the child out or delivering the service and shall sign the child back in upon completion of service.

(3) General Child Care Agency Staff Qualifications.

(a) Staff involved in transporting children are subject to general qualifications in addition to the requirements and qualifications detailed in the transportation rules found in this chapter.

(b) Every staff person shall be capable of performing his/her duties satisfactorily.

(c) A staff member shall be designated to be in charge of the child care agency in the absence of the primary educator/director and the name of the person in authority shall be communicated to staff. Such person shall be familiar with child care agency policies and procedures.

(d) The primary educator/director or designee shall ensure that no person who has a physical, mental, or emotional condition that poses a risk to children, or exhibits any evidence suggestive of illegal or inappropriate drug/alcohol use or possession, shall have any access to children.

(e) Examinations to Determine Physical, Mental, and Emotional Status.

1. A child care agency may, upon reasonable cause/suspicion require any persons having significant contact with children to obtain physical/mental health evaluations to determine their ability to satisfactorily perform their job duties.

(f) Prior to having unsupervised contact with children, each new employee shall receive orientation in, and have a working knowledge of the following items:

1. Program philosophy and policies;

2. Job description;

3. Emergency health and safety procedures;

4. Behavior management procedures;

5. Detection, reporting, and prevention of child abuse;

6. Procedures for receiving and releasing children;

7. Safe sleep procedures;

8. Meal service and safe food preparation policies;

9. Supervision during high risk activities such as eating and outdoor play;

10. Food allergies;

11. Expectations for communications with parent/guardian;

12. Disease control and health promotion, including childhood obesity and the beneficial health impacts of physical activity;

13. An overview of licensing requirements; and

14. Information on risks of Cytomegalovirus (CMV) to female employees of childbearing age.

(g) Prior to having unsupervised contact with children, each new employee shall complete training in the following areas:

1. Shaken baby syndrome/abusive head trauma; and

2. Pre-service training as recognized by the Department which shall include all federally required components.

(h) Documentation of the requirements in subparagraphs (f) and (g) shall be maintained in the staff file.

(4) Substitutes and Practicum Students.

(a) Substitutes and Practicum Students providing services for more than thirty-six (36) hours in a calendar year shall:

1. Meet the background check requirements prior to beginning their duties;

2. Meet the same requirements as regular staff for the physical examination required by these rules; and

3. Have a minimum of four (4) hours of annual training if they acted as substitutes/educators for more than thirty-six (36) hours in the previous calendar year.

(b) Substitutes that do not meet the requirements listed in subparagraphs (4)(a)1.-3. above shall never be left alone with children. Practicum students shall never be left alone with children. Documentation of direct supervision of substitutes without such background checks and practicum students shall be maintained in agency files.

(5) Volunteers.

(a) Volunteers may not be counted to meet the adult:child ratios and shall never be left alone with children except parents/guardians may be counted in the adult:child ratio at a field trip location.

(6) Education/Training Requirements.

(a) This chart provides educational and pre-licensure training requirements:

Position	Minimum Age	Education	Pre-Licensure Training Requirements
Family and Group Homes Primary Educator	18	HS Diploma or equivalent	1. Child care agency orientation session during the pre-licensure period; 2. Small Business Academy; 3. Licensing Rules and Regulations Training; 4. Shaken Baby/Abusive Head Trauma Training prior to contact with children; 5. Pre-Service Training (Before You Begin); 6. Sudden Infant Death Syndrome Training prior to contact with children if caring for infants.
Family/Group Educator Assistant	16	None	1. Licensing Rules and Regulations Training; 2. Shaken Baby/Abusive Head Trauma Training prior to contact with children; 3. Pre-Service Training (Before You Begin); 4. Sudden Infant Death Syndrome Training prior to contact with children if caring for infants.
Child Care Center Director	21	Graduation from an accredited 4-year college or be a registered nurse with less than a 4-year degree and 1 year of full-time experience with children in a group setting; or	1. Child care agency orientation session during the pre-licensure period; 2. Small Business Academy training through Child Care Resource and Referral Agency;
		36 hours of coursework at least 30 of which shall be in business management, child or youth development, early childhood education or a closely related field or a TN Early Childhood Administrator Credential; and 2 years of full-time experience with children in a group setting; or High School diploma (or equivalent as recognized by state law) and Tennessee Early Childhood Training Alliance Certificate for 30 clock hours of Administrator Orientation training or the equivalent as recognized by the Department and 4 years of full-time experience with children in a group; or Continuously employed as an on-site child care director or a child care agency owner as of the effective date of these rules.	3. Licensing Rules and Regulations Training; 4. Shaken Baby/Abusive Head Trauma Training prior to contact with children; 5. Pre-Service Training (Before You Begin); 6. Sudden Infant Death Syndrome Training prior to contact with children if caring for infants.
Child Care Center Student Assistant	16	Current enrollment in technical child care educational program	1. Licensing Rules and Regulations Training; 2. Shaken Baby/Abusive Head Trauma Training prior to contact with children; 3. Pre-Service Training (Before You Begin); 4. Sudden Infant Death Syndrome Training prior to contact with children if caring for infants.
Child Care Center Assistant Director	18	HS Diploma/equivalent and 2 years of experience	1. Child care agency orientation session during the pre-licensure period Licensing Rules and Regulations Training; 2. Shaken Baby/Abusive Head Trauma Training prior to contact with children; 3. Pre-Service Training (Before You Begin);
			4. Sudden Infant Death Syndrome Training prior to contact with children if caring for infants.
Child Care Center Educator	18	None or HS Diploma/equivalent if only educator for group or to meet group requirement	1. Licensing Rules and Regulations Training; 2. Shaken Baby/Abusive Head Trauma Training prior to contact with children; 3. Pre-Service Training (Before You Begin); 4. Sudden Infant Death Syndrome Training prior to contact with children if caring for infants.
Drop-in Child Care Center Director	21	HS Diploma/equivalent and 1 year of experience	1. Child care agency orientation session during the pre-licensure period; 2. Pre-Service Training (Before You Begin).
Drop-in Child Care Center Educator	18	HS Diploma/equivalent	1. Licensing Rules and Regulations Training; 2. Pre-Service Training (Before You Begin).

(b) This chart provides the training requirements and expectations for educators, primary educators, assistant directors, and directors for each class of licensed care during the provisional licensure period. These training requirements also apply to new employees. Please note that all hours earned during the provisional licensure period count towards the first year hourly training requirements.

Position	Provisional Licensing Period (first 120 days) Training Requirements (These requirements are also applicable to new employees hired after the provisional licensure period, to be completed within the first four (4) months of employment).
Family and Group Homes Primary Educator	1. 3 hours on developmental learning standards (TN-ELDS); 2. New Director Training; 3. Transportation Training (if applicable at the agency) before providing transportation. Training will include anyone responsible for the transportation of children; 4. First Aid Training; 5. CPR Training; 6. Personal Safety Training (one representative from the agency);
	7. Additional training hours as determined by the Department.
Family/Group Home Educator	1. 3 hours on developmental learning standards; 2. Transportation Training (if applicable at the agency) before providing transportation; 3. First Aid Training; 4. CPR Training; 5. Additional training as identified by the Department.
Child Care Center Director	1. 3 hours on developmental learning standards (TN-ELDS); 2. New Director Training; 3. Transportation Training (if applicable at the agency) before providing transportation. Training will include anyone responsible for the transportation of children; 4. First Aid Training; 5. CPR Training; 6. Personal Safety Training (one representative from the agency); 7. Additional training hours as determined by the Department.
Child Care Center Student Assistants	Additional training hours as determined by the Department.
Child Care Center Assistant Director	1. 3 hours on developmental learning standards (TN-ELDS); 2. New Director Training; 3. Transportation Training (if applicable at the agency) before providing transportation. Training will include anyone responsible for the transportation of children; 4. First Aid Training; 5. CPR Training; 6. Personal Safety Training (one representative from the agency); 7. Additional training hours as determined by the Department.
Child Care Center Educator	1. 3 hours of applicable developmental learning standards. If an educator has a Bachelor's or Associate's degree in child development or a related field, or a CDA or CCP credential recognized by the Department, that educator shall instead comply with the training requirements for experienced educators during the 1st year. 2. Transportation Training (if applicable at the agency) before providing transportation. Training will include anyone responsible for the transportation of children; 3. First Aid Training;
	4. CPR Training; 5. Personal Safety Training (one representative from the agency); 6. Additional training hours as determined by the Department
Drop-in Child Care Center Director	1. In the first 3 months, Department Rules Training and Pre-Service Training (Before You Begin); 2. First Aid Training; 3. CPR Training; 4. Additional training hours as determined by the Department.
Drop-in Child Care Center Educator	1. First Aid Training; 2. CPR Training; 3. Additional training hours as determined by the Department.

(c) This chart provides the first year and ongoing training requirements and expectations for educators, primary educators, assistant directors, and directors for each class of licensed care. During the first year, any hours earned during the provisional licensure period count towards the hourly requirements.

Primary Educator - Family or Group Home	Training Hours/Notes
Annual Training	18 hours total
Health and Safety	At least 6 of the 18 total hours
Pre-Literacy and Literacy Skills and Education Implementation	At least 3 of the 18 total hours
Adverse Childhood Experiences	Every 5 years - length not specified
4 hours of the 18 total hours may be earned by conducting training. Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.
Educator - Family or Group Home	Training Hours/Notes
Annual Training	12 hours total
Health and Safety	At least 6 of the 12 total hours
Pre-Literacy and Literacy Skills and Education Implementation	At least 3 of the 12 total hours
Adverse Childhood Experiences	Every 5 years - length not specified
4 hours of the 12 total hours may be earned by conducting training. Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.
Director - Single-Site Center	Training Hours/Notes
Earn credit during the year in 1 academic course (in administration, child development, early childhood education, health/safety or related field) from accredited academic institution, or
Annual Training	At least 24 total hours
Health and Safety	At least 6 of the 24 total hours
Pre-Literacy and Literacy Skills and Education Implementation	At least 3 of the 24 total hours
Adverse Childhood Experiences	Every 5 years - length not specified
4 hours of the 24 total hours may be earned by conducting training.
Assistant Director - Center	Training Hours/Notes
Earn credit during the year in 1 academic course (in administration, child development, early childhood education, health/safety or related field) from accredited academic institution, or
Annual Training	At least 18 total hours
Administration, Management or Supervisory training	At least 4 hours of the 18 total hours
Pre-Literacy and Literacy Skills and Education Implementation	At least 3 of the 18 total hours
Health and Safety	At least 6 of the 18 total hours
Adverse Childhood Experiences	Every 5 years - length not specified
4 hours of the 18 total hours may be earned by conducting training. Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.
Educator - Center	Training Hours/Notes
Annual Training	12 total hours
Pre-Literacy and Literacy Skills and Education Implementation	At least 3 of the 12 total hours
Health and Safety	At least 6 of the 12 total hours
Adverse Childhood Experiences	Every 5 years - length not specified
4 hours of the 12 total hours may be earned by conducting training.
Educators who hold one of the following degrees/credentials as recognized by the Department shall instead comply with the training requirements for experienced educators after the first year: Bachelor's or Associate's degree in child development or a related field; CDA credential; Certified Child Care Professional (CCP) credential.
Director - Drop-in Center	Training Hours/Notes
Annual Training	At least 6 total hours
Health and Safety	At least 3 of the 6 total hours
Administration, Management, or Supervisory	At least 3 of the 6 total hours
Adverse Childhood Experiences	Every 5 years - length not specified
2 hours of the 6 total hours may be earned by conducting training. Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.
Educator - Drop-in Center	Training Hours/Notes
Annual Training - Health and Safety	At least 3 total hours
Adverse Childhood Experiences	Every 5 years - length not specified
1 hour of the 3 total hours may be earned by conducting training. Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.
Clarifications:
Child Care and Development Block Grant (CCDBG) Health and Safety Training Topics: Family, Group, and Center Staff cycle through the requisite topics every three years. Dropin staff cycle through the topics every 4 years. Required topics: prevention and control of infectious diseases (including immunization); SIDS and use of safe sleep practices; administration of medication; prevention/response to food allergies; building and physical premises safety; prevention of shaken baby syndrome and abusive head trauma; emergency preparedness and response planning; storage of hazardous materials and biocontaminants; precautions in transporting children (if applicable); first aid and CPR; recognition and reporting of child abuse and neglect; child development, including the major domains (cognitive, social, emotional, physical development and approaches to learning).

Tenn. Comp. R. & Regs. 1240-04-01-.06

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. 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. §§ 4-5-202; 37-1-603(b)(1)(A); 71-1-105(a)(5) and (a)(12); 71-3-501, et seq.; 71-3-502(a)(2); and 71-3-507.