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Licensing Standards for DayCare Centers
1) PURPOSE OF LICENSING The primary purpose of
licensing is the protection of children. Minimum
requirements seek to maintain adequate health, safety, and
supervision of children while in day care. Developmental
child care as provided for in the "Recommendations"
provides educational experiences and guidance, health
services, and social services to children and their families.
(2) Child care services may be offered by family day care
homes, group day care homes, day care or child
development centers, nursery schools, day nurseries, and
kindergartens, among others. (The term day care has been
changed in this revision to child care because of the many
types of care now available.)
(3) LEGAL BASIS FOR LICENSING. T.C.A. ¤¤ 71-3-
501 through 71-3-531 provide for the defining, inspection,
licensing, and regulation of child care agencies. The
Tennessee Department of Human Services has responsibility
for licensing most agencies offering child care to groups of
children. The Tennessee Department of Education regulates
child care provided by schools pursuant to T.C.A ¤ 49-2-
203 and by church-related schools as defined in T.C.A ¤ 49-
50-801.
(4) DEFINITIONS.
(A) For purposes of this chapter, the following
definitions are applicable:
1. Annual License - An annual permit
issued by the Department to a child welfare agency,
authorizing the licensee to provide child care in accordance
with provisions of the license, the law, and requirements
(rules) of the Department. Issuance of a license is not an
endorsement of child care methods or of an agency's
operational philosophy. A license is not transferable from
one location to another or from licensee/operator to another.
The license may be revoked at any time upon 90-days notice
to the licensee, or if the health, safety, or welfare of the
children in care imperatively requiring it may be summarily
suspended.
2. Approval - Public agencies, as defined
in T.C.A. ¤¤ 71-3-501 and 71-3-518, receive an approval
rather than a license. An approved agency must meet the
same requirements and is evaluated in the same manner as a
licensed agency. The term is also applied to homes with
fewer than five children that are satellites of a licensed day
care center or child-placing agency (see T.C.A. ¤ 71-3-504).
3. Central Operator - The person(s),
corporation, partnership, cooperative, or other private or
public organization which, in addition to other activities, if
any, operates a child care system consisting of two or more
day care homes. The central operator must be a licensed
child placing agency or an incorporated child care center,
unless it is an approved public agency meeting the
requirements of T.C.A. ¤ 71-3-518. The central operator
may also provide the homes in the system with
administrative or support services such as, but not limited
to, training, technical assistance, supervision, and provision
of or referral to health and social services.
4. Child - A person under 17 years of age.
5. Child Care - The wide variety of
arrangements made by parents (or guardians) for the care
outside of their home of children under 17 years of age, for
less than 24-hour periods.
6. Child Care Center - Any place
operated by a person, society, agency, corporation,
institution, or religious organization or any other group
which receives 13 or more children under 17 years of age
for less than 24 hours a day, without transfer of custody.
7. Child Care Handbook - The
publication provided by the Department to the operator of
child care centers (day care centers) which contains
references to these rules, recommended practices,
guidelines, and appendices related to the operation of the
child care center. Any conflicts between rules and
appendices therein and these rules shall be resolved by
reference to these rules.
8. Child Care System - A group of two or
more approved day care homes in which each is related to a
licensed or approved central operator through contractual or
employment arrangements.
9. Conditional License - A permit issued
by the Department to a new child welfare agency or to a
new child care system central operator, permitting and
authorizing the licensee to begin child care operations. It is
valid, unless suspended, for 90 days or until the application
for an annual license if finally determined and is issued
upon application by the operator only if the staff and facility
do not present any apparent hazards to the children that may
be in care and only if the facility has received fire safety and
environmental sanitation approval. If, at the end of the 90-
day period, evidence is provided by the applicant/licensee
that such child welfare agency is suitable and properly
managed and that the agency is in compliance with these
rules, the Department will issue an annual license to the
child welfare agency.
10. Day Care - Synonymous with
definition of child care, above.
11. Department (DHS) - The Tennessee
Department of Human Services and its representatives.
12. Director - The person with overall
responsibility for the program.
13. High School Diploma - As used in the
context of caregivers' qualifications, refers to a document
recognizing graduation from an accredited institution,
public or private, based on the issuing state's required
number of academic credits, including passing a GED test.
As used in this Chapter, a certificate or statement of
attendance or similar document, or correspondence or video
courses, do not qualify as or for a high school diploma.
14. Infant - A child who is six weeks
through 15 months of age.
15. Kindergarten - For licensing
purposes, the definition of a child care center excludes
kindergarten programs for five-year-old children operated
on essentially the same time schedule as public school
kindergartens. A kindergarten may be part of a public or
private school system or may be operated independently. If
the agency serves children under five years of age or
exceeds the time schedule normally observed by public
kindergartens, it must be licensed.
16. Law - Statutory or regulatory
provisions affecting the operation of a child welfare agency
including the licensing law as contained in T.C.A. ¤¤ 71-3-
501 through 71-3-531 and these rules.
17. Licensee - The person, agency, or
group to whom a license to operate a child care center is
issued and who must assume ultimate responsibility for the
child care center. References to a licensee in the
requirements also applies to operators of an agency seeking
or having received an approval.
18. Parent - A biological or adoptive
parent, guardian, or custodian who has primary
responsibility for a child.
19. Preschool Child - A person who is 31
months through five years old; use of the term also includes
infants and toddlers.
20. School-age child - A person who is
five years of age and in kindergarten or older (generally
through grade six).
21. Staff - Full and part-time caregivers,
employees, or unpaid volunteers.
22. Toddler - A child who is 12 months
through 30 months of age
(5) BASIS FOR APPROVAL FOR LICENSE
(A) Annual License-Standards: Tennessee law
requires that all child welfare agencies, as defined in T.C.A.
¤ 71-3-501, must be licensed annually by the Department.
The license is based on standards developed and published
in accordance with the following six points of excellence:
1. The present need for the proposed
child welfare agency;
2. The good character and intention of the
applicant;
3. The adequate financing of the
organization;
4. The capability, training, and
experience of the workers employed;
5. The facilities for and the methods of
care provided and the consideration of the best interest of
the child and the welfare of society in any placement of
children to be made; and
6. The probability of permanence of the
child welfare agency.
(B) Conditional License: The provisions of
T.C.A. ¤ 71-3-506 and Chapter 1240-5-11 are applicable.
(6) LICENSING PROCEDURE.
(A) Issuance of License - Fees. The provisions of
T.C.A. ¤ 71-3-506 are applicable.
(B) Inspection of Licensed Agencies - The
provisions of T.C.A. ¤ 71-3-519 are applicable.
(C) Public Agencies - Inspection and Report. The
provisions of T.C.A ¤ 71-3-518 are applicable.
(D) Penalty for Unlicensed Operation - The
provisions of T.C.A. ¤ 71-3-513 are applicable.
(E) Denial, Suspension, and/or Revocation of
License - The provisions of T.C.A ¤ 4-5-320, 71-3-508, 71-
3-509, 71-3-521, 71-3-530, and Chapter 1240-5-11 are
applicable.
(F) Appeals from Board of Review - The
provisions of T.C.A. ¤ 71-3-512 are applicable.
(G) Annual Reports - The provisions of T.C.A. ¤
71-3-517 are applicable.
(H) Consultation:
1. The provisions of T.C.A. ¤ 71-3-505
are applicable.
2. The Department has responsibility for
offering consultation to existing child care agencies.
Consultation is given directly to staff and boards, on both an
individual and group basis, in developing and improving
programs and physical facilities. The Department also
provides consultation to organizations or individuals
interested in opening a child care facility and will direct
persons to the proper officials governing health, fire,
building, and zoning requirements in each community.
STANDARDS FOR CHILD CARE CENTERS
In the following rules, references to several appendices in
the 1987 edition have been removed.
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