Rules & Regulations of the State of Tennessee
Title 0250 - Children's Services
Subtitle 0250-04 - Standards for Regulated Institutions
Chapter 0250-04-05 - Standards for Residential Child Caring Agencies
Section 0250-04-05-.05 - STAFF

Universal Citation: TN Comp Rules and Regs 0250-04-05-.05

Current through September 24, 2024

(1) General Qualifications.

(a) Agency employees shall be persons of good character. They shall possess the health, emotional stability and ability necessary to carry out their assigned duties. No person shall be employed by the agency who has been convicted of any offense against children, or who has been identified as the perpetrator of child abuse.

(b) An agency shall obtain references attesting to the character, integrity, and ability to perform tasks required for the position. At least one of these references must be from a former employer.

(c) A report of a physical examination completed within no more than six months prior to hire date shall be on file for all employees. The resident children of staff shall also have on file an initial medical statement of good health or a physical exam.

(d) Prospective Employees - (After effective date of these standards.) The tuberculin skin test is recommended for initial screening and should be done within 90 days prior to employment. Prospective employees who are known to have a positive tuberculin reaction or who refuse to have a tuberculin test shall receive a chest x-ray and, if necessary, other tests within 90 days of employment. If infectious tuberculosis is ruled out, no future certificate is required during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(e) Current Employees
1. Current employees who have already presented certification of a negative tuberculin skin test will require no future certification during their employment, unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

2. Current employees who are tuberculin reactors and whose certification was based on a chest x-ray will require no future certification during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(2) Specific Qualifications for Staff.

(a) The Administrator
1. The administrator must be selected by the Governing Board and be accountable to the Board for satisfactory performance of duties.

2. An administrator must be a graduate of an accredited 4 year college or university, preferably from the field of education. medicine, nursing, social work, religious service, or some allied profession, or must have a minimum of 10 years administrative experience, who perceives the position as one of leadership in child care.

3. Any administrator who does not meet this requirement holding this position prior to the effective date of these standards, is permitted to remain in this position. Any administrator employed following the effective date of these standards must meet these requirements.

4. The administrator must be responsible for:
(i) Attending Board meetings and participating in all planning for the agency.

(ii) Assuring that the agency keeps accurate statistical reports that give the complete scope of the work of the agency.

(iii) Assuring that monthly and annual reports on forms furnished by the Tennessee Department of Children's Services are submitted, as well as any special reports that may be required from time to time.

(iv) Preparing the agency's budget in cooperation with the Board and operating the agency within the budget approved by the Board.

(v) Selecting, employing, training, and discharging (when necessary), all staff and supervising the daily management of the agency if another person has not been delegated the responsibility.

(vi) Communicating to the Board information on the operation of the agency, unmet needs, and modern methods regarding child care services.

(vii) Implementing the policies of the Board and bringing to the Board's attention areas which require modification or change, and interpreting the agency's program to the community and giving professional leadership to the Board in doing this job.

(viii) Maintaining adequate records on the administrative and fiscal operation of the agency.

(ix) The administrator must hold staff meetings at regular intervals and discuss plans and policies with his staff. The administrator must secure adequate clerical staff to keep correspondence, records, bookkeeping, and files current and in good order.

(b) The Caseworker.
1. Following the effective date of these standards, the agency is required to have a qualified caseworker as a member or its staff within one year.

2. The caseworker must be graduate of an accredited four year college or university with a major in social work or a related field such as psychology or sociology.

3. Caseworker services can be provided by the agency itself or by entering into written agreements and/or contracts with qualified individuals, and/or public or private agencies qualified to provide such services.

4. In small agencies with less than 20 residents, the administrator may serve as a caseworker providing that he meets the same qualifications as a caseworker.

5. It is the responsibility of the caseworker to carry out the responsibilities set forth in the Casework Services section.

(c) Child Care Staff.
1. All child care staff must be responsible persons possessing the skills necessary to cope with problems and live amicably as a family group. The capacity of child care staff to provide care must be evaluated on an annual basis. All persons living in residence are to be included in this evaluation.

2. Child care staff must have the character and personality suited to provide care to children. They must be able to accept and respect each child as an individual, demonstrate care and concern, provide a stable family-like atmosphere, have knowledge and understanding of child care, and have the ability to learn and grow on the job.

3. Child care staff must be at least 18 years of age. They must hold a high school degree or its equivalent. Any child care worker who does not meet this requirement prior to the effective date of these standards is permitted to remain in this position. Any child care worker following the effective date of these standards must meet this requirement or have a specific plan of action to meet it.

(d) Volunteers.
1. For purposes of these standards a volunteer shall be considered to be any person providing assistance to the agency without remittance who has direct, and ongoing contact with the residents.

2. If volunteers are used, a process of application and screening shall be established in the agency to insure that volunteers are of such character and competence as to meet the agency's needs.

3. A program of ongoing training and orientation to the philosophies and practices of the agency shall be provided each volunteer within the agency.

4. Adequate supervision of volunteers shall be provided by paid staff.

5. An individual file including the application to participate as a volunteer, the results of the screening process and letters of reference, shall be maintained by the agency on each volunteer.

Authority: T.C.A. §§ 4-5-226(b)(2);14-10-104, 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5-112(a).

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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