Tenn. Comp. R. & Regs. 1240-04-01-.09

Current through October 9, 2024

Section 1240-04-01-.09 - INCIDENT REPORTING

(1) Reports of Incidents, Illnesses, Accidents, Injuries, and Fatalities.

(a) Incidents, accidents, injuries, and signs of illness shall be reported to the parent/guardian no later than the child's release to the parent/guardian or authorized representative on the date of occurrence.

(b) Serious injuries or signs of serious illness shall be reported to the parent/guardian immediately.

(c) The child care agency shall not delay seeking emergency treatment due to a delay in contacting the parent/guardian.

(d) Incidents, accidents, injuries, and signs of serious illness to children shall be documented immediately with the following information:

1. Child's name and date of birth;

2. Name of the person writing the report;

3. Date and time;

4. Date and time of completion of incident report;

5. Description of incident and circumstances; and

6. Action(s) taken by the child care agency.

(e) The documentation shall be provided to the parent/guardian the same day of the incident, and filed in the child's record.

(f) The child care agency shall notify the Department of all serious incidents the same day of the incident, by emailing or calling the Complaint Hotline or making the submission through the provider portal. Serious incidents include but are not limited to the following:

1. Any injury that requires medical treatment beyond on-site first aid;

2. Reports made to the Department of Children's Services, law enforcement, or anytime it is necessary to call 911;

3. Any incident that may result in staff exclusion from child care as a result of an excludable offense (see background check requirements);

4. Transportation accidents and moving violations that occur when children are in the vehicle; and

5. Any child or adult fatality at the child care agency.

(g) Serious injuries must be reported to the Department using the Department-provided form and must be submitted the same day the injury occurred.

(h) Serious incidents involving suspected child abuse or neglect must be reported to the Department of Children's Services.

Tenn. Comp. R. & Regs. 1240-04-01-.09

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 November 21, 2002; effective February 4, 2003 (Formerly 1240-04-01-.08) . 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.; 71-1-105(a)(5) and (a)(12); 71-3-501, et seq.; and 71-3-502(a)(2).