(2)  Any conflict between summaries of the language of 


statues or regulations in the Appendices and official statues 


and regulations will be resolved by reference to the 


language of the official statues or regulations. 


 


I.  SUMMARY OF APPLICABLE LAWS 





        (A)  Child Welfare Agencies (T.C.A. ¤ 71-3-501 et 


seq.)  (A complete copy of the licensing law is available 


upon request.) 





                1.  Specifies the types of agencies that 


DHS has a mandate to license.  Licensing of day care (less 


than 24-hour care) begins with five children.  (Care for one 


to four children is exempt.) 





                2.  Provides for development of standards, 


based on certain criteria by a 16 member "standards 


committee" appointed by the Commissioner.  Standards are 


to be reviewed (and revised, if needed) every five years. 





                3.  Requires DHS to provide applicants or 


licensees with assistance in meeting standards. 





                4.  Requires annual application for a 


license and an application processing fee. 





                5.  Upon receiving fire safety and 


environmental sanitation approval, provides that DHS will 


issue a 90-day conditional license if no apparent hazards to 


the children in care are present. 





                6.  Provides for denial, suspension, or 


revocation of license and a waiting period ranging from 60 


days to one year prior to reapplication. 





                7.  Provides for appeals and hearings 


before the Board of Review, which includes representatives 


from the Departments of Health, Education, of the "advisory 


board" of DHS, from the appropriate Standards Committee, 


and three at-large members selected by the others.  Appeals 


from the Board's decision may be made to Chancery Court. 





                8.  Imposes a misdemeanor penalty of 


imprisonment for six months and a fine of $500 or both for 


each offense (day) of operating without a license. 





                9.  Requires public agencies to meet the 


same standards as other child welfare agencies and a method 


of reporting to the public any uncorrected deficiencies. 





                10.  Requires DHS to regularly inspect 


agencies without prior notice and grants the Department 


access to facilities and records in order to make an 


evaluation of the "kind and quality of work done" and to 


make recommendations regarding licensure. 





                11.  Requires DHS to investigate reports 


of noncompliance. 





                12.  Allows DHS to impose civil penalty 


($25 - $150) for substantial  noncompliance and probation 


for continued noncompliance. 





                13.  Contains specified and defined 


exemptions for Parents' Day Our programs, kindergartens, 


and "drop-in" programs.  Also provides a waiver of adult to 


child ratios and group size requirements for certain 


Montessori schools. 





                14.  Requires screening for criminal 


violations of persons applying to work with children 


through the registry maintained by the Tennessee Bureau of 


Investigation (TBI). 





                15.  Allows DHS to investigate all reports 


of abuse, neglect, or sexual abuse, even in exempt agencies, 


and enables DHS to revoke the license of a licensed agency 


and to enjoin an unlicensed person or agency from 


continuing to provide child care where abuse of children 


occurs. 





        (B)  Access to Public Records (T.C.A. ¤¤ 10-7-503 


and 10-7-504) 


 


Requires public bodies to provide any citizen of Tennessee 


access to public records except for specified confidential 


records (e.g., medical records, TBI investigative records, 


students' records).  DHS' records on child welfare agencies 


are public records except as they may contain information 


obtained in the course of child abuse of neglect 


investigations. 





        (C)  Child Protective Services (T.C.A. ¤¤ 37-1-401 


et seq. and 37-1-601 et seq.) 





                1.  Requires any individual or 


organization (such as day care agency, hospital, or school) 


having knowledge of suspected child abuse or neglect to 


report it to a juvenile judge, the Department of Human 


Services, or a law enforcement official.  (Look in your 


telephone book under "Child Abuse", or call the county 


DHS office or local law enforcement.) 





                2.  Requires the identity of a reporting 


person to be kept confidential, subject to disclosure only by 


consent of the person or by judicial process.  Provides 


immunity from civil or criminal liability if reports are made 


in good faith. 





                3.  Gives DHS authority and responsibility 


to investigate reports of child abuse or neglect. 





                4.  Requires that all written records and 


information regarding investigations be confidential.  


Release of information is permissible to certain specific 


persons and to those having responsibility for administration 


of the law.  Persons found not guilty of severe child abuse 


or child sexual abuse shall have their names expunged from 


the TBI's abuse registry. 





                5.  Charges DHS with the responsibility of 


conducting a continuing publicity and education program to 


encourage reporting and to strengthen and improve child 


sexual abuse detection, prevention, and treatment efforts. 





        (D)  Federal Funding 


 


Section 504 of the Rehabilitation Act of 1973 and Title VI 


of the Civil Rights Act of 1964 require agencies receiving 


federal funding to employ nondiscriminatory policies and 


practices.  Persons receiving federal funding such as 


reimbursement from the USDA Child/Adult Care Food 


Program, DHS vendor or Transitional Child Care payments, 


Social Services Block Grants (SSBG), Dependent Care 


Grant funds for school-age child care, etc.; and persons 


receiving federal support in the form of space, staff, 


services, equipment, etc., are required to comply with the 


following: 





                1.  Title VI of the Civil Rights Act of 


1964 by ensuring that no person (child, parent, or employee) 


in your agency "shall, on the ground of race, color, or 


national origin, be excluded from participation in, be denied 


the benefits of, or be subjected to discrimination under any 


program or activity receiving federal financial assistance"; 


and by employing nondiscriminatory policies and practices 


and advertising such. 





                2.  Section 504 of the rehabilitation Act of 


1973 by ensuring that no otherwise qualified handicapped 


person shall be excluded from participation in, be denied the 


benefits of, or be subjected to discrimination in any program 


activity solely on the basis of a handicap (applies to 


children, parents, and employees); and by making 


reasonable accommodations to serve or hire an otherwise 


qualified individual with a handicapping condition. 





        (E)  Child Passenger Protection and Safety Belt 


Use (Transportation) (T.C.A. ¤ 55-9-601 et seq.) 





                1.  requires any person transporting a 


child under the age of four years in a motor vehicle to 


provide for children's protection by providing and properly 


using a federally approved child restraint system 


(manufactures after January 1, 1981).  Violation is subject 


to a $50 fine or 30 days in jail or both. 





                2.  Specifies that no one is to operate a 


motor c=vehicle unless all persons four and older in the 


front set are properly restrained by a safety belt. 





                3.  Imposes a fine of $50 or 30 days in jail 


or both for each violation after the first; however, the 


violator can be cited or arrested only after being cited or 


arrested for another violation of law. 





                4.  T.C.A. ¤ 55-50-102(11) and (12)(B) 


requires the driver of a vehicle designed to carry 15 or more 


passengers (including the driver) to have a commercial 


driver's license. 





        (F)  Administrative Rules and Procedures (T.C.A. ¤ 


4-5-301 et seq. and Chapter 1240-5-11 et seq.) 





                1.  Provides for an administrative hearing 


of any contested cases (i.e., on denial or revocation of 


licenses or on notice of intent to put an agency on 


probation) after proper notice which includes references to 


particular statutes and rules involved.  





                2.  Requires that hearings before the 


members of the Board of Review to be conducted by the 


administrative judge or a hearing officer, who rules on 


admissibility of evidence and other matters and otherwise 


ensures that proceedings are properly carried out. 





                3.  Allows the contesting licensee to be 


represented (at licensee's own expense) by counsel. 





                4.  Allows the judge or hearing officer at 


his/her discretion or upon request of licensee or the 


Department of Human Services to schedule a prehearing 


conference in order to simplify or expedite the disposition 


of the appeal action. 





                5.  Requires that the hearing be open to 


the public. 





                6.  Requires the final order be entered by 


the Board of Review.  The final order shall include 


conclusions of law, factual findings, prescribed remedy, and 


procedures and time limits for seeking judicial review. 





                7.  Provides that while an application for a 


license is pending, an existing license does not expire until 


disposition of the application has been finally determined, 


unless the license must be summarily suspended pending 


completion of the proceedings because the Department 


determines that "public health, safety, or welfare 


imperatively requires" emergency action, and notifies 


licensee of that finding "pending proceedings for revocation 


or other action."  


 


II.  QUESTIONS AND ANSWERS ABOUT DAY CARE 


LICENSING 





        (A)  How does a person get information about 


opening a child care agency? 


 


The local county office of the Tennessee Department of 


Human Services will furnish information; a licensing 


representative will provide assistance free of charge to an 


individual or a group that is planning to provide child care. 





        (B)  How many children am I allowed to care for? 


 


In Tennessee, a person without a license may care for no 


more than four children.  To care for five to seven children, 


in addition to "related' children, you must be licensed as a 


"family day care home" operator.  To have eight - 12 


children, you must be licensed as a "group" day care home.  


(Under certain conditions, a group day care home may have 


up to 15 children.)  Thirteen (13) or more children require a 


license for a day care center. 





        (C)  How is a license obtained? 





                1.  After a completed application and the 


required fee are received, arrangements will be made for a 


representative to visit your facility and evaluate the day care 


operation and/or facility in accordance with the required 


standards in this booklet. 





                2.  Before a day care center/home can be 


licensed, it must pass fire safety and environmental 


sanitation inspections.  The licensing representative will 


explain the procedure for getting inspected. 





        (D)  What types of licenses are issued? 





                1.  An "annual license" is granted when 


compliance with licensure requirements is confirmed by the 


Department. 





                2.  A "conditional license" is granted to a 


new agency for 90 days when it does not meet all the 


required standards, but there is evidence than an effort is 


being made to comply with the requirements and it has first 


met fire safety and environmental sanitation approval. 





        (E)  Who determines whether a license is issued? 


 


The Commissioner has ultimate responsibility for issuance 


or denial, based upon an evaluation and recommendation by 


a licensing representative of the Department. 





        (F)  Is the license permanent? 


 


No, it is issued for up to one year.  Prior to its expiration, an 


evaluation is made to determine whether compliance with 


requirements is being maintained and reissuance should be 


recommended. 





        (G)  Is there a fee? 


 


Yes, the fee is payable upon application and is 


nonrefundable.  The fee for day care homes is $5 for a 


family day care home and $10 for a group day care home.  


The fee for a day care center is $15 for less than 50 children, 


$20 for 50 - 100 children, and $25 for more than 100 


children. 





        (H)  Where is the license kept? 


 


It must be posted in a conspicuous place in the day care 


center during business hours. 





        (L)  Are licenses transferable? 


 


No.  The license applies only to the agency, organization, 


and person(s) to whom it is issued.  It also applies only to 


the building approved. 





        (J)  Does the same license for "day care" cover (1) 


nighttime care, (2) "drop-in" children, and (3) sick children? 





                1.  Yes.  An agency that provides less than 


24-hour care to children during nighttime hours receives the 


same license as a child care agency operating during 


daytime hours, and one license covers both programs in the 


same agency.  An agency cannot provide continuous 24-


hour care for two or more children without a residential 


license.  If not licensed for day care, a residential license is 


needed for more than one child.  Ask a licensing counselor 


about the procedure for obtaining a residential license. 





                2.  "Drop-in" children are counted in the 


ratio and group and can be cared for only if required records 


are on file before they are cared for. 





                3.  The day care center/home license also 


includes care of mildly ill children.  Only mildly ill children 


(i.e., not "contagious") should be cared for in a day care 


center/home and only then if staffing is adequate.  Mild 


illnesses are generally those in a recuperative stage (e.g., 


getting over mumps or influenza). 





        (K)  Who enforces licensure requirements for a 


child care system? 


 


If homes are approved as an extensions of a child welfare 


agency's license, the central operator (the licensee) is 


responsible for monitoring compliance.  The Department of 


Human Services monitors the agency's compliance as well 


as licensed homes within a system. 





        (L)  What is the procedure when a license is 


revoked, denied, or suspended? 


 


The Department may deny, suspend, or revoke a license at 


any time by giving the owner, operator, or board a written 


notice by listing the specific reason or reasons for the action.  


Specified time periods are provided in the law.  Any 


conduct or condition which might immediately jeopardize 


the safety of children, shall be cause for immediate 


suspension of the license, pending the outcome of 


revocation procedures. 





        (M)  How can an operator or applicant appeal such 


action? 


 


The licensing law provides for a board of review.  If a 


license is denied or revoked by the Department, a request 


may be made for a hearing before the review board.  An 


appeal of the decision from the review board may be 


judicially reviewed.  The periods of time allowed for the 


appeals are set out in the law. 





        (N)  Where do I call to file a complaint or get a 


license? 





                1.  If you have a question about these 


standards, or if you want to report an unlicensed facility or a 


facility that is violating licensing requirements, call the DHS 


county office.  It is listed in the telephone directory under 


Tennessee State Government - Human Services Department.  


Someone there will refer you to the licensing unit in your 


area. 


 


If you want to open a child care facility, call that office 


before you do anything.  You cannot care for a group of five 


or more children without a license. 





                2.  If you have a question or concern 


about these standards or the licensing procedure, call or 


write: 


 


Day Care Licensing Coordinator 


TN Department of Human Services 


Citizens Plaza Building 


400 Deaderick Street 


Nashville, TN  37248-9800 


Phone:  (615) 741-7129