The child care center should be organized to give each child 


the care and protection he/she needs.  It should be a place 


for children to learn, to grow, and to do new things.  This 


kind of program requires good planning, clear rules, good 


record-keeping and budgeting, and open communication 


with parents. 


 


(1)  Statement of Purpose 





        (A)  A child care agency must submit a written 


statement to the Department of Human Services governing 


the following areas:  The type of service to be offered to 


children and parents, ages of children to be served, hours of 


operation, number and type of meals and snacks to be 


served, admission requirements and enrollment procedures, 


and provision for emergency medical care.  If, after being 


licensed, an agency wishes to change the scope or type of 


service it offers to children and families, it must forward an 


amended statement to the department for approval prior to 


implementation. 


 


(2)  Organizational Structure 





        (A)  The organization of every child care agency 


must be such that legal and administrative responsibility is 


clearly defined. 





        (B)  In a not-for-profit agency, the overall 


administrative responsibility must be placed with a 


governing board or its designee which must hold meetings 


at least quarterly. 





        (C)  Any licensed child care center which operates 


a family day care home or homes as part of its program 


must be responsible for determining that the home(s) is (are) 


in compliance with applicable rules promulgated and 


adopted by the Department. 





        (D)  In addition to other records required in 


subsection (4) below, a day care center with satellite homes 


must keep records on each home containing the following: 





                1.  Reports of health and fire safety 


inspection by the government agency conducting the 


inspection or by the agency staff person responsible for 


inspection when a government agency does not provide 


inspection. 





                2.  Narrative recording which shows that 


the rules have been officially reviewed with each home and 


that the home is or is not in compliance.  The recording 


shall reflect at least an annual review of standards and at 


least one unannounced visit to the home annually. 





                3.  Any literature pertaining to a particular 


home or the agency which is distributed to the public as a 


means of promoting the home or agency or explaining its 


purpose. 


 


(3)  Finances 





        (A)  Adequate financing of the center's operation 


must be maintained.  An annual operating budget (either 


projected or actual), including a statement of income and 


expenditures, must be available to the licensing counselor 


upon request. 


 


(4)  Records and Reports 





        (A)  Children's Records 





                1.  The following records must be 


maintained at the center and made available to the 


Department upon request.  Each child must have a record 


containing the following information: 





                        (i)  A current information form 


which includes social history, the child's name, date of birth, 


name or parent(s), home address, business address, phone 


numbers, work hours, and the name and address (home and 


business) of a responsible person to contact in an emergency 


if parent(s) cannot be located promptly. 





                        (ii)  Name, address and telephone 


number of a physician to call in case of an emergency. 





                        (iii)  Written consent of parent(s) 


regarding emergency medical care. 





                        (iv)  A transportation plan, 


including to whom the child will be released. 





                        (v)  Health record as directed 


under Section 1240-4-3-.0~6 - Health and Safety. 





                        (vi)  Daily attendance records for 


each child. 





                        (vii)  Written permission for field 


trips away from the premises. 





                        (viii)  The same records must be 


kept on toddlers as on other children in the center.  In 


addition, a record must be kept of each child's daily 


activities, including time and amount of feeding, 


elimination, times fo diaper changes, sleep patterns, and 


developmental progress.  This information must be shared 


with the parent(s) daily. 





                        (ix)  The information form must 


list the name of the school the child attends. 





                        (x)  A child's record shall be kept 


for one year following the child's leaving the agency. 





        (B)  Staff Records 





                1.  The following information must be 


secured when employing staff, kept up-tp-date, and made 


available to the Department upon request. 





                        (i)  Name, birth date, social 


security number, address, and telephone number of all staff 


members, including volunteers and a contact for each staff 


member in an emergency. 





                        (ii)  Educational background and 


educational experiences, including dates and places of 


diplomas received, and conferences, courses, and 


workshops attended in the preceding year. 





                        (iii)  Health records as directed 


under Section 1240-4-3-.06 - Health and Safety. 





                        (iv)  Records of interviews with 


at least three references on each new staff member. 





                        (v)  Record of verified 


employment history of each employee. 





                        (vi)  Tennessee Bureau of 


Investigation (TBI) screening reports. 





                        (vii)  Documentation of annual 


performance reviews. 





                        (viii)  Date of employment and 


date of separation from the agency. 





                        (ix)  Daily attendance of staff 


members. 


 


(5)  Right to Privacy/Confidentiality. 


 


The licensee and agency staff must not disclose or 


knowingly permit the use of any information concerning a 


child or family except as required by law or regulation. 


 


(6)  Posting of License 


 


The current license to operate a child care center must be 


placed where anyone entering the center can see it. 


 


(7)  Admission of Children and Parent Education 





        (A)  Written policies and procedures for admission 


of a child to the child care center must be clearly explained 


to the parent or other applicant.  A copy must be given to 


the parent and a signed copy filed in the child's record. 





        (B)  A preplacement visit to the center by the 


parent (or designee) is required. 





        (C)  Upon enrollment of a child, the parent must 


receive a summary of the Department's licensing 


requirements; receipt must be documented by parent's 


signature. 





        (D)  During normal operating hours, parents must 


be permitted access to their children, and ready access to all 


areas of the child care facility must be granted DHS 


representatives and inspection authorities (i.e., fire safety, 


sanitation, and health). 





        (E)  Parents must be informed in advance of the 


child's removal from the premises except in cases of 


emergencies or pursuant to investigative procedures 


conducted pursuant to the child abuse laws. [See also 1240-


4-3-.06(4)(h).] 





        (F)  Children must not be in care for more than 12 


hours in a 24-hour period except in special circumstances 


(e.g., acute illness of or injury to parents, natural disaster) 


with documentation, signed by parent and director, retained 


on file. 





        (G)  An awareness program for parents must be 


provided once a year.  The program must include a child 


abuse prevention component, approved by the Department 


of Human Services, with information on the detection, 


reporting, and prevention of child abuse in child care centers 


and in the home. 





        (H)  A child must be at least six weeks old before 


being accepted in a center.  Prior to admission of the child, 


the parent must supply the center with a completed 


application and. health record.  [See Paragraph 4(a) above, 


Children's Records, and Section .06(1), Children's Health 


Records.] 





        (I)  "Drop-In" children must be counted in the ratio 


and group and must have required records on file before 


they are cared for. 


 


(8)  Transportation 





        (A)  If a center provides transportation, its 


management must recognize its full responsibility for the 


child between home and center and on field trips.  The 


owner of the vehicle must carry adequate liability insurance. 





        (B)  The driver must comply with the same health 


requirements as other staff members. 





        (C)  Children must always be attended by an adult 


while in a vehicle. 





        (D)  A second adult must be in the vehicle 


supervising the children when eight or more children under 


five years of age are being transported.  The number of 


infants/toddlers transported by one adult must be limited to 


five. 





        (E)  1.  Transportation provided by the center or 


under center auspices must comply with state law (See 


Appendix A.) 





                2.  All children and the driver shall be 


secured in individual passenger restraint devices at all times 


during transportation by the center or under center auspices. 





                3.  No child shall be allowed to ride on the 


floor of a vehicle, and no child shall be placed with another 


child in the same restraint device. 





                4.  Drivers of any vehicle used to transport 


children must have a proper license and endorsement 


required for the transportation of the number of passengers 


transported and the vehicle size and weight as required in 


Chapter 50 of Title 55 of the Tennessee Code Annotated. 





        (F)  Storage of firearms in prohibited in vehicles 


used to transport children. 





        (G)  A minimum of 10 inches per seat space per 


child is required in a vehicle transporting children. 





        (H)  Children must not spend more than 90 minutes 


traveling one way. 





                        (i)  A minimum of 11 inches seat 


space per child is required in a vehicle transporting children.