Section 1240-04-01-.20 - SPECIFIC REQUIREMENTS FOR FAMILY CHILD CARE HOMES(1) Required Adult:Child Ratios.(a) Adult:Child ratios shall be maintained by the child care agency while the children are on the premises of the child care agency, including outdoors or on the playground.(b) A child care family home shall not exceed licensed capacity.(c) Adult:Child Ratio Requirements for Family Child Care Homes.1. No more than seven (7) children may be present at any one time; except up to twelve (12) children may be present if any number above seven (7) are related to the primary educator.2. If the family child care home is the occupied residence of the primary educator, children related to the primary educator nine (9) years of age or older will not be counted in determining the maximum number of children permitted if those children are provided a separate space from that occupied by the family child care home.3. Children related to the primary educator nine (9) years of age or older may interact with children in the licensed family child care home provided that the required level of care and supervision is not compromised.4. The number of educators in a family child care home required to supervise children enrolled in the home shall comply with one of the options listed on the chart below. Maximum Number of Children and Ages (including children related to the primary educator under nine (9) years of age) | Educators Required |
Seven (7) or fewer children; and no more than four (4) under two (2) years | 1 |
Seven (7) or fewer children; and five (5) or more under two (2) years | 2 |
More than seven (7) children; and no more than four (4) under two (2) years | 2 |
More than seven (7) children; and five (5) or more under two (2) years | 3 |
(d) A qualified educator shall be on-site any time that the primary educator is not on-site during child care operating hours.(e) All staff responsible for food service, preparation, or supervision shall be trained on the mealtime supervision.(2) Licensed Capacity of Physical Space.(a) The maximum number of children who may be present inside a physical space shall be determined in accordance with the minimum square footage requirements.(b) The Department may, in its discretion, restrict the child care agency's licensed capacity below the maximum set forth in these rules.(c) If the number of children exceeds seven (7) at one time or the care is provided in one room of the home, the area shall provide thirty (30) square feet per child of usable play space.(d) For the purposes of calculating square footage requirements, the following space or area will not be counted: 5. Space used by cribs or large pieces of furniture.(e) Adequate Plumbing Facilities. The child care agency shall have the minimum number of functional toilets and hand-washing stations in accordance with the: 1. Requirements of any applicable local ordinances and regulations;2. Proximity of the plumbing to the classroom(s); and3. Ages of the children served.Tenn. Comp. R. & Regs. 1240-04-01-.20
Original rules 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); 71-3-501, et seq.; and 71-3-502(a)(2).