(1)  Responsibility for Staff 





        (A)  The board, owner, or other designated agent of 


the child care center is responsible for selecting individuals 


of suitable character to work with children. 





        (B)  The director, with the guidance of the board or 


owner of the center, is responsible for staff and program and 


the day-to-day operation of the center. 





        (C)  To be designated as such, the director of a 


child care center (at a single site) in operation up to 12 hours 


a day must be in the center at least half of the total hours of 


operation or of one shift. 





        (D)  To be designated as the director or person in 


charge (on a daily basis) of a multi-site child care program, 


he/she must be employed full-time in that capacity. 





        (E)  A staff member at the center must be 


designated to be in charge in the absence of the director. 





        (F)  A.person who has a physical, mental, or 


emotional condition which is in any way harmful to children 


must not be present with the children. 





        (G)  Screening; exclusions for certain activities and 


crimes. 





                1.  All persons applying for work with 


children at a child care center as a volunteer or paid 


employee, except such volunteer who is a parent, a 


grandparent, a person with whom a child permanently 


resides, or a person having legal custody of a child at such 


child care center or facility, must be screened through the 


registry maintained by the Tennessee Bureau of 


Investigation (TBI) as established by T.C.A. ¤ 37-1-408.  


While the screening process is being completed, the person 


applying for work at the child care center may work only on 


a provisional basis pending the results of the TBI screening 


process.  A person identified on such registry must not work 


as a caregiver of children or otherwise have access to or 


contact with children in the child care center. 





                2.  No person shall be employed, work as 


a caregiver, or have access to or contact with children in the 


day care program: 





                        (i)  (I)  who is known to the child 


care center's management as a perpetrator of child abuse or 


child sexual abuse; or 


 


(II)  who is identified to the child care center's management 


by the Department of Human Services as a validated or 


indicated perpetrator of such abuse of a child; or 


 


(III)  who is currently charged with, has been convicted of, 


or pled guilty in any manner to a crime involving a child; or 


 


(IV)  who has pled guilty to any lesser offense derived from 


an original offense involving a child; or 





        (V)  who is currently charged with, has been 


convicted of, or who has pled guilty in any manner to a 


crime of violence against another person, or who has pled 


guilty to any lesser offense derived from a crime of violence 


against another person; or 


 


(VI)  who is currently charged with, who has been convicted 


of, or who has pled guilty in any manner, or who has pled 


guilty to any lesser offense derived from any offense 


involving the manufacture, sale, distribution, or possession 


of any drug; AND 





                        (ii)  (I)  who is associated in 


providing care or ancillary services in any manner within a 


child care program; or 


 


(II)  who is a family member or other person residing at the 


child care center's facility(ies) or adjacent residence; or 


 


(III)  who has unrestricted access to children in the agency 


as determined by the Department of Human Services. 





                3.  An employee or volunteer who has 


been identified by the Department as having neglected a 


child based on an investigation conducted by the 


Department pursuant to a report of harm, and who has not 


been criminally charged or convicted or pled guilty as stated 


above, must be supervised by another adult while providing 


care for children. 





        (H)  The behavior of staff must reflect knowledge 


and understanding of the special needs, growth, and 


developmental patterns of young children and 


understanding of appropriate activities. 





                        (i)  An adult must be designated 


as the person responsible for administration of the school 


age program.  This person can be a director or a teacher. 


 


(2)  Personnel Policies 





        (A)  Each employee at the time of appointment 


must receive in writing a statement of personnel policies, 


which policies will be reviewed annually. 


 


(3)  Staff Qualifications 





        (A)  Every staff person must be physically, 


mentally, and emotionally capable of performing his/her 


duties satisfactorily. 





        (B)  Each new employee must serve a probationary 


period of 3 to 6 months, during which close supervision is 


provided.  Staff performance must be reviewed prior to the 


end of the probationary period.  All employees must have 


annual reviews. 





        (C)  Prior to assuming duties, each new employee 


must receive orientation instruction which includes program 


philosophy, job description, personnel policies, emergency 


procedures, discipline policies, and policies for receiving 


and dismissing children.  Within the first two weeks on the 


job, each employee must receive instruction in child abuse 


detection, reporting and prevention, in parent-center 


communication, disease control and health promotion, and 


an overview of licensing requirements. 





        (D)  All staff working with children must receive 


training in detection, reporting, and prevention of child 


abuse. 





        (E)  Director 





                1.  The director must have graduated from 


an accredited four-year college and have completed one 


year of full-time work experience with a group of young 


children; or 





                2.  The director must have some formal 


college training in early childhood education or child 


development (or related field), or a CDA credential, and one 


year of full-time work experience with young children; or 





                3.  The director must have earned a high 


school diploma or its equivalent and two years of full-time 


work experience with young children. 





                4.  Prior to issuance of the first annual 


license, the owner and director must complete a child care 


orientation course sponsored by the Department of Human 


Services.  New directors must complete the course within 


three months of assuming their position. 





                5.  The director must have evidence of 


receiving at least 12 clock hours annually in workshops, 


training, or one-to-one consulting sessions, or must earn 


credit in one academic course in administration, child 


development, early childhood education, health/safety or 


other related field. 





        (F)  Caregivers 





                1.  Each caregiver (with the exception of 


#3 below) must be at least 18 years of age and be able to 


read and write. 





                2.  Each group must have at least one 


caregiver present who has a high school diploma or its 


equivalent, a CDA credential, or a diploma from a state area 


vocational school. 





                3.  When sixteen- and seventeen-year-old 


vocational students are counted in the adult-child ratio, they 


must be supervised by an adult. 





                4.  Caregivers must have evidence of 


receiving at least 6 clock hours annually in workshops or in-


service training in child development, early childhood 


education, health/safety, or other related field. 





                5.  Volunteers, practicum students, and 


substitutes must be physically and mentally capable of 


performing satisfactorily in their respective  positions.  If 


volunteers are used to meet classroom ratios, they must 


qualify by working at least 12 hours per month.  If 


substitutes are used to meet required adult-child ratios, they 


must have had a TB test within 6 months of their 


employment date. 





        (G)  Auxiliary Staff 





                1.  Any auxiliary staff persons (e.g., the 


maintenance staff, cook or bus driver) must be physically 


and mentally capable of performing satisfactorily in their 


respective positions. 





                2.  Any auxiliary staff directly employed 


by the center must receive orientation to their position 


within the first two weeks of employment.  This training 


must include personnel policies; job responsibilities; parent 


communication; daily schedule and routine; center policies 


regarding discipline and emergency procedure. 


 


(4)  Supervision and Grouping of Children 





        (A)  A group is a number of children who interact 


with each other and with the caregiver to whom they are 


assigned in a space, which is divided from the space of other 


groups by a recognizable barrier to define limits and to 


reduce distraction. 





        (B)  Each group of children must have adult 


supervision at all times. 





        (C)  Arrangements must be made so that in an 


emergency, a caregiver can call a second adult for help 


without having to leave the group. 





        (D)  If more than one adult is assigned to a group, 


one must be designated as the lead caregiver. 





        (E)  When more than 12 children are present, a 


second adult must be on the premises.  If children ages 3 or 


under are present, their required adult/child ratios and group 


sizes must be met. 





        (F)  The following adult/child ratios and group 


sizes are required.  (Adult/child ratios and group sizes may 


exceed requirements up to 10%, rounded to the nearest 


whole number, for no more frequently than three days per 


week).  Infant and toddler groups must never exceed group 


size and ratio required. 


 


 


AGE AT BEGINNING                        MAXIMUM 


GROUP SIZE AND 


OF SCHOOL YEAR          


        ADULT:CHILD RATIO 


 


Single-Age 


Grouping        10      12      14      16      18


        20      25              Notes 


 


Infants 


(6 wks.- 


15 mos.)        1:5                                     


                Non-handicapped                 


                                                


        and not walking 


 


Toddlers 


(12 mos- 


30 mos.)                        1:7                     


                Non-handicapped                 


                                                


        and not walking 


 


2 years 


(24-35 mos.)                    1:8 


 


3 years                                         1:10 


 


4 years                                         1:15 


 


5 years                                         1:20 


 


6 years  


and above                                       


                1:25 


 


 


Multi-Age Grouping 


 


Infants/Toddlers 


(6 wks.- 30 mos.)       1:6                             


                At least 3 children             


                                                


        must be walking 


 


2-3 years 


24-47 mos.)                     1:8 


 


2-4 years                               1:8 


 


2 1/2-3 years 


(30-47 mos.)                            1:10 


 


2 1/2-5 years                                   1:12 


 


2 1/2-5  


years           1:10 


 


3-5 years


                        (includes 


3-4 years)                                      


        1:15 


 


4-5 years                                       


        1:20 


 


5-12 years                                      


                1:25 


 


 





        (G)  Children for whom care is provided by the 


center at any one time must be included in the agency's 


enrollment, square footage allowance, and licensed capacity.  


They must have the security of stable classroom space at the 


center. 





        (H)  Groups can be combined for short periods for 


a regularly scheduled activity of no more than 30 minutes' 


duration per day as long as adult/child ratios are met. 





                        (i)  If one room has enough floor 


space based on licensing requirements, it can be divided and 


used for more than one group. 





        (J)  The auxiliary staff must not be included in the 


adult/child ratio, but can be used as emergency substitutes 


of their duties and qualifications permit. 





        (K)  If meals are served, the person who is 


responsible for preparing meals and washing the dishes 


must not be included in the adult/child ratio while preparing 


these meals. 





        (L)  When children are swimming, the number of 


adults must be double the requirement on the chart, and one 


adult must have a current certificate in the Advanced 


Lifesaving Skills.  On field trips off premises, the number of 


adults must be double the requirement on the chart. 





        (M)  When infants are cared for in a center with 


older children, they must not be grouped with children three 


years of age and over, and a separate area must be provided 


for them. 





        (N)  When more than 12 children in first grade and 


above are enrolled, separate space and a separate program 


must be provided for them. 


 


(5)  Requirements for Naptime 





        (A)  At naptime, after the children have settled 


down, adult/child ratios may be relaxed so long as the 


children are adequately protected and all of the following 


requirements are met: 





                1.  There must be at least one adult 


supervising the children in each nap room. 





                2.  The adult/child ratio in the nap room 


can be 50% of the required ratio if there are enough adults 


on the premises so that the adult/child ratio required for 


children when they are awake can be met immediately in an 


emergency.  (Exception:  Infant/toddler ratios must be 


maintained). 





                3.  Maximum group size limits do not 


apply during naptime, as long as the appropriate adult/child 


ratio is met at the 50% level.  (Exception:  Infant/toddler 


group sizes must be maintained). 





                4.  Because of the possibility of Sudden 


Infant Death Syndrome, caregivers must check sleeping 


infants every 30 minutes by touching them.  If a child 


appears not to be breathing, CPR must be administered 


immediately by a qualified person.