Tenn. Comp. R. & Regs. 1240-04-01-.08

Current through October 9, 2024

Section 1240-04-01-.08 - RECORD KEEPING

(1) General Record Requirements.

(a) All records required by this chapter shall be maintained in an organized manner on site, in a centralized location, or available electronically, and made readily available upon Department request.

(2) General Children's Records.

(a) The child care agency shall maintain a file for each child in a central location within the child care agency.

(b) A child's records shall be kept for one (1) year following the child's leaving the child care agency; however, the health record shall be returned to the parent/guardian upon request when the child leaves the child care agency.

(c) All children, including related children younger than age nine (9), shall have required records on file before care is provided.

Exception: After an initial eligibility determination, children of homeless families and/or children in state custody may receive care prior to providing required documentation as determined by the Department.

(d) General Requirements - Children's Records shall include:

1. A current information form, containing the following:

(i) The child's name and date of birth;

(ii) Name of parents/guardians;

(iii) Child's and parents'/guardians' home addresses and phone numbers;

(iv) Parents'/guardians' business addresses, phone numbers, and work hours (if applicable);

(v) Any diagnosed disabilities for children who have special needs, medical conditions (including allergies) or relevant history of the child;

(vi) For a child with life-threatening allergies, a written plan of action endorsed by the child's pediatrician or licensed medical provider;

(vii) Name, address, and telephone number of a physician to call in case of an emergency;

(viii) Written consent of parents/guardians regarding emergency medical care; and

(ix) The name and address (home and business or school) and current phone number of an emergency contact.

2. A written statement stating to whom the child shall be released.

3. Written transportation agreement, if applicable, between parent/guardian and the child care agency regarding daily transportation between the home and the child care agency and the child care agency and the school.

4. Daily attendance records that include the full name and time in and time out for each child shall be maintained on-site but not necessarily in the individual child's file.

5. Daily attendance records shall be kept for one (1) year after the child has left the child care agency.

6. An individual attendance list shall be maintained in each classroom.

7. The child care agency shall obtain individual permission slips signed and dated by the parent/guardian for each field trip prior to the activity.

8. A signed Personal Safety Curriculum Notification Form indicating the parent/guardian have been provided an opportunity to review the personal safety curriculum offered by the child care agency and have been notified of the child sexual abuse/personal safety curriculum.

(e) Immunization Record Requirements.

1. The child care agency shall have a Tennessee Department of Health Official Immunization Certificate before accepting any child age two (2) months or older into care. All required vaccinations must be completed by eighteen (18) months of age.

2. Exceptions to immunization record requirements may be made only if:

(i) The child's physician or a state or local health department provides a signed and dated statement giving a medical reason why the child should not be given a specified immunization;

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

(iii) If care for children of homeless families and/or children in state custody is needed before documentation of immunizations can be confirmed. Care without documentation of immunizations shall not exceed sixty (60) days.

3. Before a school-age child is accepted for care, the center shall have on file a statement from the parent or school that the child's immunizations are current and that his or her health record is on file at the specified school which the child attends.

(f) Children's Record Requirements.

1. The following information shall be documented and shared with all educators of an infant, toddler or non-verbal child during the day:

(i) Time and amount of feeding;

(ii) Any incidence of excessive spitting up;

(iii) Toileting;

(iv) Times of diaper changes;

(v) Sleep patterns; and

(vi) Developmental progress.

2. Before a child under the age of sixty (60) months of age is accepted for care, the parent/guardian shall provide documentation, signed or stamped by a physician or licensed medical provider, that the child has completed a well-child examination unless the children are homeless and/or in state custody. If the children of homeless families and/or children in state custody are accepted for care, they may supply well-child documentation no more than sixty (60) days after enrollment. This record shall be kept on file at the child care agency for one (1) year.

3. Each infant, toddler and pre-school child shall have a transition plan for moving from one age group to another.

(g) School-Age Children's Record Requirements.

1. The information form shall list the name, address, and phone number of the school the child attends.

2. The records of any child who is five (5) years old in a child care agency which lacks approved kindergarten status for purposes of T.C.A. § 49-6-201 shall include a signed acknowledgment by the child's parent or guardian 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 signed by the parent or guardian and maintained in the child's file.

(h) Record Requirements for Children with Special Needs. The child care agency will maintain a written activity record that consists of daily activities and behavior and information pertinent to the needs of the individual child.

(3) Staff Record Requirements.

(a) The child care agency shall maintain a file for all staff in a central location within the child care agency.

(b) Staff records shall be maintained for at least one (1) year following the separation of the staff from the child care agency.

(c) Staff records shall include the following information for each staff member:

1. The name, birth date, the social security number, address, and telephone number;

2. An emergency contact name/phone number/address;

3. Documentation of education and certificates of conferences and workshops attended in the preceding year, as recorded in the TNPAL system;

4. Documentation signed by the examining licensed physician, nurse practitioner or physician's assistant, verifying that the staff person is physically, mentally and emotionally capable of safely and appropriately providing care for children in a group setting, if the staff person is an educator, owner, operator, director, manager, or will otherwise have unsupervised access to children. The documentation shall be on file within ten (10) calendar days of employment or work start date;

5. Documentation that staff have been screened and/or tested for all communicable diseases as required by the Department of Health prior to having contact with children;

6. Written employment history verified in a written statement that employment history has been checked prior to employment;

7. Documentation of annual performance reviews including personnel and corrective actions;

8. Date of employment and date of separation, as applicable, from the child care agency;

9. Daily attendance (including time in/out);

10. Signed and completed criminal history disclosure form; and

11. Verification of criminal and juvenile background check results, the vulnerable person's and sex offender registries results, and the results of a review of the protective services records of the Departments of Children's and Human Services.

(d) In addition, driver records shall contain the following information:

1. Copy of driver license showing proper endorsements;

2. Verification of a valid driver license and driver history check;

3. Annual physical exam;

4. Verification of a clear drug screen prior to assuming driving duties; and

5. Verification of Cardiopulmonary Resuscitation and First Aid Certification.

(e) Substitute and Volunteer Records. Records of substitutes and volunteers shall include their names, addresses, telephone numbers and hours and dates of service.

(f) Substitute Pool Records. All staff records shall be available on-site where the substitute is working either as print copies or web-accessible documents.

Tenn. Comp. R. & Regs. 1240-04-01-.08

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 November 21, 2002; effective February 4, 2003 (Formerly 1240-04-01-.07) . 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; 71-1-105(a)(5) and (a)(12); 71-3-501, et seq.; and 71-3-502(a)(2).