Section 1240-04-01-.10 - DUTY TO REPORT CHILD ABUSE AND NEGLECT(1) Duty to Report Child Abuse and Neglect.(a) Duty to Report. 1. Every operator, owner, licensee, director, primary educator or staff member of, or substitute staff member or volunteer in, a child care agency licensed by the Department of Human Services is individually responsible and required to immediately report any reasonable suspicion of child abuse or neglect to either the Department of Children's Services and/or local law enforcement or the judge of the juvenile court in the county of the child's residence, pursuant to T.C.A. §§ 37-1-403 and 37-1-605.2. Any statement from a child reasonably indicating abuse/neglect of that child or another child or any evidence of abuse/neglect observed on a child shall be immediately reported by staff to the Department of Children's Services and/or to local law enforcement or to the judge of the juvenile court in the county of the child's residence.3. Determining Suspicion of Abuse/Neglect. (i) The child care agency and/or individual staff shall not delay reporting possible abuse or neglect in an attempt to investigate or verify the abuse/neglect allegations.(ii) The child care agency shall limit questioning of the child to basic inquiries necessary to determine if any reasonable possibility of abuse or neglect exists. No suggestions as to the validity of the child's statements shall be made to the child during this time.(iii) The child care agency shall not attempt to validate (or "prove") the allegation prior to making a report as required by the law.4. Each child care agency shall develop written procedures, approved by the Department, for staff to follow when reporting suspected abuse or neglect that is alleged to have occurred in the child care agency.(b) Prohibited Procedures for Reporting Suspected Child Abuse or Neglect/Penalties. 1. A child care agency shall not develop or implement any policy that inhibits, interferes with or otherwise affects the duty of any staff, including substitutes and volunteers, to report suspected abuse or neglect of a child.2. A child care agency shall not require staff to report to the child care agency or seek the approval of child care agency management or ownership prior to any individual staff member reporting the suspected abuse or neglect.3. A report required by subparagraph (a) above shall not be made to any other entities or persons, including, but not limited to, hospitals, physicians, or educational institutions as an alternative to, or substitute for complying with, subparagraph (a) above.4. A person required to report by subparagraph (a) above shall not suggest, advise or direct a parent/guardian or caretaker of a child enrolled in the child care agency to make a report of suspected child abuse or neglect regarding that parent's/guardian's or caretaker's own child who is enrolled in the child care agency as an alternative to, or substitute for complying with subparagraph (a) above.(c) Child Care Agency Duties during Investigations of Child Abuse and Neglect; Custodial Authority of Children. 1. Every operator, owner, licensee, primary educator, staff member, substitute staff member or volunteer in a child care agency licensed by the Department of Human Services shall fully cooperate with all agencies involved in the investigation of child abuse or neglect and with the Department of Human Services.2. The child care agency shall provide access to records of children and staff to the Departments of Children's and Human Services and to law enforcement agencies.3. The child care agency shall allow appropriate investigators to interview children and staff.4. The child care agency shall not interfere with an abuse or neglect investigation.5. The child care agency shall protect the child by reviewing the investigator's identification.6. The child care agency shall maintain confidentiality of the investigation and shall not disclose the investigation or details of the investigation directed by the Department of Children's Services, law enforcement or the Department of Human Services.(d) Upon notification of a pending abuse/neglect investigation of any individual who is a child care agency staff member or resident of a family or group child care home, the licensee shall enter into a safety plan with the Department regarding the individual's access to the child care agency and to children in the care of the child care agency.(e) All child care agency staff, including auxiliary staff, shall receive documented, Department-approved training annually regarding proper procedures to report child abuse and neglect.Tenn. Comp. R. & Regs. 1240-04-01-.10
Original rule filed April 22, 1992; effective June 6, 1992. Amendment filed November 21, 2002; effective February 4, 2003 (Formerly 1240-04-01-.09 ). Amendments filed May 1, 2018; effective 7/30/2018.Authority: T.C.A. §§ 4-5-201, et seq.; 37-1-113; 37-1-401, et seq.; 37-1-601, et seq.; 37-1-605; 37-5-512; 71-1-105(5) and (12); 71-3-501, et seq.; 71-3-502(a)(2); and 71-3-508.