Section 1240-04-01-.21 - SPECIFIC REQUIREMENTS FOR GROUP CHILD CARE HOMES(1) Required Adult:Child Ratios. (a) Adult:child ratios shall be maintained at all times while the children are on the premises, including outdoors or on the playground.1. All children, including related children younger than age nine (9), shall be counted in the ratio and group size and shall have required records on file before care is provided.2. The maximum number of children present in a group child care home shall not exceed twelve (12). (i) Exception: (I) If the group child care home is in the occupied residence of the primary educator, children nine (9) years of age or older and related to the primary educator are not counted if those children are provided a separate space from that occupied by the group child care home; and(II) Up to three (3) additional school-age children, related or unrelated to the primary educator, may be in care before and after school, on school holidays, on school snow days and during summer vacation.3. Children related to the primary educator who are nine (9) years of age or older may interact with the children in the licensed group child care home provided that the required level of care and supervision is not compromised.4. Adult:child ratios and group sizes in group child care homes may exceed requirements by up to ten percent (10%), rounded to the nearest whole number, no more frequently than three (3) days per week. (i) At no time shall the licensed capacity be exceeded.(ii) Infant and toddler groups may never exceed the required ratios and group sizes.(iii) The Department may terminate this variance in individual cases under provisions for issuance of a restricted license pursuant to T.C.A. § 71-3-502.(iv) Group Child Care Home child care agencies who use the variance may, at the Department's discretion, be required to obtain fire approval prior to enrolling additional children.(b) The number of educators required shall comply with one of the options listed on the Chart below. Group Home Ratio and Group Size Chart:
Number of Children | Ages of Children | Educators Required |
Twelve (12) - Fifteen (15) (any number over twelve (12) must be school-age) | No more than twelve (12) children three (3) years of age or older | 1 |
Twelve (12) - Fifteen (15) (any number over twelve (12) must be school-age) | Up to nine (9) children under three (3) years of age; and No more than four (4) present under two (2) years of age | 2 |
Twelve (12) - Fifteen (15) (any number over twelve (12) must be school-age) | Ten (10) or more under three (3) years of age | 3 |
(c) If school-age children are enrolled, a school-age program shall be provided.(d) If four (4) or more infants/toddlers attend a group child care home, they shall have a separate and distinct space and their own educator.1. The space shall provide thirty (30) square feet per child.2. Barriers shall be sufficient to provide separation without isolating children.(e) If attendance drops to seven (7) or fewer children, family child care home ratios apply.(f) Naptime Supervision and Requirements for Naptime and Nighttime Care.1. If there is a sleeping or resting child, there shall be at least one (1) adult educator awake and supervising the child.(i) The educator shall be able to hear the child at all times, shall be able to see the child with a quick glance, and shall be able to physically respond immediately.(ii) Helper devices such as mirrors, electronic sound monitors, etc. may be used as appropriate to meet these requirements.2. Adult:child ratios shall be maintained.(2) Primary Educator Qualifications for Group Child Care Homes.(a) Primary educators shall have a high school diploma or equivalent educational credential as recognized by state law.(b) The primary educator shall complete a Department-sponsored child-care informational intake meeting and an orientation session that is at least four (4) hours in length no later than six (6) months prior to a license being issued.(c) The primary educator shall complete at least three (3) hours of training on the applicable developmental learning standards within the first three (3) months.(d) The primary educator in a group child care home shall have, in addition to other required training in specific subject areas, evidence of receiving annual training as follows in Department-recognized workshops/training, or one-on-one consulting sessions: 1. Effective July 1, 2018, at least eighteen (18) clock hours.(i) At least six (6) hours must be health and safety such as but not limited to: (I) Prevention and control of infectious diseases (including immunization);(II) Prevention of sudden infant death syndrome and use of safe sleeping practices;(III) Administration of medication, consistent with standards for parental consent;(IV) Prevention of and response to emergencies due to food and allergic reactions;(V) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;(VI) Prevention of shaken baby syndrome and abusive head trauma;(VII) Emergency preparedness and response planning for emergencies resulting from an actual disaster, or a man-caused event (such as violence at a child care facility), within the meaning of those terms under section 602 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5195a );(VIII) Handling and storage of hazardous materials and the appropriate disposal of biological contaminants;(IX) Precautions in transporting children (if applicable);(X) First aid and cardiopulmonary resuscitation (CPR);(XII) Nutrition and physical activity;(XIII) Child development; or(XIV) Caring for and inclusion of children with special needs.(ii) At least three (3) hours of training on pre-literacy and literacy skills and education implementation.(iii) After the first year, this training shall be in addition to other required training in specific subject areas such as Child and Adult Care Food Program (CACFP), personal safety, etc.(iv) Training in first aid and CPR may be counted as necessary to maintain current certification as required by 1240-04-01-.12.2. The primary educator shall have evidence of completing training in Adverse Childhood Experiences every five (5) years. (d) Owners who are employed elsewhere shall ensure that a primary educator is always on-site.(e) The primary educator shall not be employed at any other job during the hours of operation unless the Department has approved the primary educator's employment in an official capacity in a program sponsored or recognized by the Department.(f) An educator shall be on-site any time that the primary educator is not on-site during child care operating hours.(3) Educator Qualifications for Group Child Care Homes.(a) Educators/Assistants sixteen (16) through seventeen (17) years of age may assist a primary educator and be counted in the ratio if the individual is: 1. Never left alone with children; and2. Always under the direct supervision of a primary educator.(b) An educator in a group child care home shall have, in addition to other required training in specific subject areas, evidence of receiving annual training as follows in Department-recognized workshops/training, or one-on-one consulting sessions: 1. Effective July 1, 2018, at least twelve (12) clock hours.(i) At least six (6) hours must be health and safety such as but not limited to: (I) Prevention and control of infectious diseases (including immunization);(II) Prevention of sudden infant death syndrome and use of safe sleeping practices;(III) Administration of medication, consistent with standards for parental consent;(IV) Prevention of and response to emergencies due to food and allergic reactions;(V) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;(VI) Prevention of shaken baby syndrome and abusive head trauma;(VII) Emergency preparedness and response planning for emergencies resulting from an actual disaster, or a man-caused event (such as violence at a child care facility), within the meaning of those terms under section 602 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5195a );(VIII) Handling and storage of hazardous materials and the appropriate disposal of biological contaminants;(IX) Precautions in transporting children (if applicable);(X) First aid and cardiopulmonary resuscitation;(XII) Nutrition and physical activity;(XIII) Child development; or(XIV) Caring for and inclusion of children with special needs.(ii) At least three (3) hours of training on the applicable developmental learning standards within the first three months.(iii) At least three (3) hours of training on pre-literacy and literacy skills and education implementation.(c) After the first year, this training shall be in addition to other required training in specific subject areas such as Child and Adult Care Food Program (CACFP), personal safety, etc.(d) Training in first aid and CPR may be counted as necessary to maintain current certification as required by 1240-04-01-.12.(e) Educators shall have evidence of completing training in Adverse Childhood Experiences every five (5) years.(4) All staff responsible for food service, preparation, or supervision shall be trained on the mealtime supervision plan as described in 1240-04-01-.11(2)(c).(5) Licensed Capacity of Physical Space. (a) A minimum of thirty (30) square feet of usable indoor play space shall be provided for each child.(b) The maximum number of children who may be present inside a physical space shall be determined in accordance with the minimum square footage requirements.(c) The Department may restrict the child care agency's licensed capacity below the maximum.(d) The following shall not be counted toward to the square footage requirements:5. Any 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-.21
Original rules filed May 1, 2018; effective 7/30/2018.Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105(5); 71-3-501, et seq.; and 71-3-502(a)(2).