Current through September 24, 2024
(1) GENERAL: The
legal basis for licensing is contained in T.C.A. §§
71-3-501 through
71-3-527.
(2) DEFINITIONS: For the
purposes of clarification, the following definitions are given and will
hereafter be used.
(a) "Child-placing agency"
shall mean any institution, society, agency, corporation, or facility which
places children in foster homes for temporary care or for adoption. A license
issued to a child-placing agency shall also include all boarding homes and
family day care homes approved, supervised, and used by the licensed agency as
part of its work.
(b) Department -
The Tennessee Department of Children's Services
(c) Commissioner - The Commissioner of the
Department of Children's Services
(d) Child - A person under 17 years or
age
(e) Staff - Full time and part
time employees
(f) Law -
Tennessee Code Annotated,
§§
71-3-501 through
71-3-527
(g) License - A yearly
permit issued to an agency giving care to children. Licensing is based on
achievement in meeting required standards developed and published by the
Department.
(3) BASIS
FOR APPROVAL FOR LICENSE: All child welfare agencies as defined in §
71-3-504, shall be licensed
annually by the Department, said license to be based on standards developed and
published for each child welfare agency in accordance with the following six
points of excellence
(a) The present need for
the proposed child welfare agency
(b) The good character and intention of the
applicant
(c) The adequate
financing of the organization
(d)
The capability, training, and experience of the workers employed
(e) 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 placements of children to be made
(f) The probability of permanence of the
child welfare agency
(4)
LICENSING PROCEDURE:
(a) Application for
license shall be made to the Department upon blanks furnished by it. Upon
receipt of the application for a license, the Department shall issue such child
welfare agency a conditional license which shall be valid for a period of 90
days from the date of issuance; provided, that the staff and facility do not
present any apparent hazards to any children that may be in care and that the
facility has received fire safety and environmental sanitation approval. At the
end of the 90 day period, upon evidence provided by the applicant/licensee that
such child welfare agency is suitable and properly managed as such, the
Department shall issue such agency a license which shall be valid for a period
of one year; provided, however, such license may at any time be revoked by the
Department upon 90 days notice being given to the licensee.
1. A processing fee for such applications
shall be assessed by the Department and submitted by the agency with the
application in accordance with the following schedule:
| Any Child Caring or Child Placing
Agency | $10.00 |
| Maternity Home | 10.00 |
| Runaway Shelter | 10.00 |
| Emergency Shelter | 10.00 |
| Child Abuse Agencies | 10.00 |
(b) When an application for a license has
been denied or a license has been revoked on one occasion, the agency may
reapply for a period of 60 days from the date of the denial of revocation. If
such license has been denied or revoked on two occasions, the agency may not
reapply for a period of six months. If such license has been denied or revoked
on three or more occasions, the agency may not reapply for a period of 12
months. The Department may waive the time restrictions herein upon a showing by
the agency to the satisfaction of the Department that the agency has corrected
the deficiencies which led to the denial or revocation.
(c) Upon written notice to the applicant that
a request for a license has been denied, such applicant may request a hearing
before the board of review. Such request must be made in writing and must be
filed within 10 days of the mailing date of the notice of denial. Such hearing
must be granted at the next regular meeting of said board of review provided,
however, that no longer than 60 days shall elapse after such request and before
such hearing.
(d) If a license is
issued, revocation can be had at any time before expiration date upon 90 days
notice by the Commissioner of the Department, such notice to contain a
statement of causes for revocation. The licensee may upon a written notice of
revocation, receive a hearing before the board of review; provided that such
review shall be within the 90 day period set out in the notice of
revocation.
(e) Any child welfare
agency, as defined in §
71-3-501 operating without being
so licensed by the Department shall be guilty of a misdemeanor and shall be
fined not less than $50 nor more than $200 for each such offense. Each day of
operation without a license shall constitute a separate offense.
(f) It shall be the duty of the Department,
through its duly authorized agents, to inspect at regular intervals without
previous notice all child welfare agencies, as defined in §
71-3-501, within the state. It is
given right of entrance, privilege of inspection, access to accounts and
records, information regarding the whereabouts of children under care for the
purpose of ascertaining the kind and quantity of work done to obtain a proper
basis for its decision and recommendations. Any violation of the rights given
in this section shall be a misdemeanor.
(g) Notwithstanding the provisions of T.C.A.
§ 71-3-527, the Department shall have the following authority and
responsibilities in any case in which the Department receives a report of harm
in accordance with Chapter 4 or Chapter 6 of Title 37 of
T.C.A
..1. The Department
shall have the authority and responsibility to fully investigate in accordance
with the provisions of Chapter 4 or Chapter 6 of Title 37 any allegation of
abuse, neglect, or sexual abuse which it receives regarding any child or
children in the care of any agency or person whether or not such agency or
person is subject to licensure hereunder. In the conduct of such investigation,
the Department shall be granted access to the records of all children in the
care of the person or agency and personnel files of the director and all
employees of the person or agency, shall be allowed to inspect all premises in
which children are kept or cared for and shall be allowed to interview any and
all children in the care of such person or agency if the Department determines
such interviews are necessary.
2.
If the Department determines that abuse, neglect, or sexual abuse has occurred
and the person or agency fails to take appropriate action to prevent future
abuse, neglect, or sexual abuse, the Department shall take such action as may
be necessary to revoke, suspend, or deny the agency's license. If the person or
agency is not licensed or not subject to licensure, the Department may proceed
to bring an action in the Chancery Court of the county of the defendant's
residence or the county in which the abuse, neglect, or sexual abuse occurred
to enjoin the person or agency or any individual found by the Department to
have been responsible for the abuse, neglect, or sexual abuse from continuing
to provide care for children on a full-time or part-time basis.
(5) PUBLIC AGENCIES:
Any child welfare agency, as defined in §
71-3-501, which is
under the direct management of an administrative department of the state, a
county or a municipality, or any combination of these three, shall not be
subject to license but shall meet the minimum standards of program and care as
required of such child welfare agencies. The Commissioner of the Department,
through his authorized agent, shall make periodic inspections of such public
administrative child welfare agencies. The report of such inspections and
recommendations shall be made privately to the executive head of the public
administrative child welfare agency, the board of directors, if any, and/or the
division of the state; county or municipal government which has the duty under
the law to operate such agency. It shall be the duty of the Department to
cooperate with the public administrative agencies herein referred to, to the
end that such recommended changes in program and policies can be adopted. If
within a reasonable time, such standards and recommendations are not met, it
shall be the duty of the Commissioner of the Department to make public in the
community in which this agency is located, the report of the above mentioned
inspection. If any serious abuses, dereliction, or deficiencies are found and
are not corrected within a reasonable time, the same shall be reported in
writing to the next session of the legislature.
(6) FOSTER CARE LEGISLATION: The foster care
review law, T.C.A.
§ 71-3-524 requires the development of
plans for each child in foster care including long-term agreements, establishes
procedures for periodic review boards in each county. Amendments to the
Licensing Law in 1978 establish a method for periodic review of foster care
custody that will provide for termination or continuation of custody in
accordance with the findings of the review. A plan must be submitted on each
child in foster care placement within 30 days of the original date the child
has been placed in foster care. This is to be submitted regardless of whether
the child is in care by court order or voluntary placement agreement. The plan
is to be submitted to the Juvenile Court having jurisdiction over the child.
Within 90 days of the date of foster care placement, and not less than every 6
months thereafter while the child remains in foster care, the agency shall
submit a report to the court or foster care review board enumerating progress
or lack of progress made toward the goals in the original plan. Each plan must
be submitted, reevaluated, and updated annually. After 18 months of foster care
placement, in addition to the above mentioned plans and reports, the agency
must request a hearing in court to evaluate further plans for the
child.
(7) REPORTING OF BRUTALITY,
ABUSE, NEGLECT, OR CHILD SEXUAL ABUSE:
(a)
Any person, including but not limited to any:
1. Physician, osteopath, medical examiner,
chiropractor, nurse, or hospital personnel engaged in the admission,
examination, care, or treatment of persons;
2. Health or mental health professional other
than one listed in subdivision (a)(1);
3. Practitioner who relies solely on
spiritual means for healing;
4.
School teacher or other school official or personnel;
5. Judges of all courts of the
state;
6. Social worker, day care
center worker, or other professional child care, foster care, residential or
institutional worker;
7. Law
enforcement officer; or
8.
Neighbor, relative, friend, or any other person who knows or has reasonable
cause to suspect, that a child has been sexually abused shall report such
knowledge or suspicion to the Department in the manner prescribed in subsection
(b); having knowledge of or called upon to render aid to any child who is
suffering from or has sustained any wound, injury, disability or physical or
mental condition which is of such a nature as to reasonably indicate that it
has been caused by brutality, abuse or neglect or which on the basis of
available information reasonably appears to have been caused by brutality,
abuse, or neglect, shall report such harm immediately by telephone or otherwise
to the judge having juvenile jurisdiction or to the county office of the
sheriff or the chief law enforcement official of the municipality where the
child resides. Any person, including judges of all courts of this state, who
knows or has reasonable cause to suspect that a child has been sexually abused
shall report such information in accordance with Acts 1985, Ch.478, relative to
the sexual abuse of children, regardless of whether such person knows or
believes that the child has sustained any apparent injury as a result of such
abuse.
(b) If a
hospital, clinic, school, or any other organization responsible for the care of
children has a specific procedure approved by the director of the county office
of the Department, for the protection of children who are victims of brutality,
abuse, or neglect, any members of its staff whose duty to report under the
preceding sentence arises from the performance of his services as a member of
the staff of the organization may, at his option, fulfill that duty by
reporting instead to the person in charge of the organization or his designee
who shall make the report in accordance with the preceding sentence.
(c) The report shall include, to the extent
known by the reporter, the name, address, and age of the child, the name and
address of the person responsible for the care of the child, and the facts
requiring the report. The report may include any other pertinent
information.
(d) If a law
enforcement official or judge becomes aware of known or suspected child abuse
through personal knowledge, receipt of a report, or otherwise, such information
shall be reported to the Department immediately, and where appropriate, the
child protective team shall be notified to investigate the report for the
protection of the child in accordance with the provisions of this part. Further
criminal investigation by such official shall be appropriately conducted in
coordination with the team or Department to the maximum extent
possible.
(e) Any person required
to report or investigate cases of suspected child abuse who has reasonable
cause to suspect that a child died as a result of child abuse shall report his
suspicion to the appropriate medical examiner. The medical examiner shall
accept the report for investigation and shall report his findings, in writing,
to the local law enforcement agency, the appropriate district attorney, and the
Department. Autopsy reports maintained by the medical examiner shall not be
subject to the confidentiality requirements provided for in §
37-1-409.
(f) Reports involving known or suspected
institutional child sexual abuse shall be made and received in the same manner
as all other reports made pursuant to Acts 1985,Ch.478 relative to the sexual
abuse of children. Investigations of institutional child sexual abuse shall be
conducted in accordance with the provisions of §
37-1-608.
(g) Every physician or other person who makes
a diagnosis of, or treats, or prescribes for any venereal disease set out in
§
68-10-101, or venereal herpes and
chlamydia, in children 13 years or younger, and every superintendent or manager
of a clinic; dispensary or charitable or penal institution, in which there is a
case of any of the diseases, as set out in this subsection, in children 13
years of age or younger shall report the case immediately, in writing on a form
supplied by the Department of Health and Environment to that Department. If the
reported cases are confirmed and if sexual abuse is suspected, the Department
of Health and Environment will report the case to the Department of Children's
Services. The Department of Children's Services will be responsible for any
necessary follow-up.
(8)
VIOLATIONS-PENALTIES
(a) Any person required
to report known or suspected child sexual abuse who knowingly and willfully
fails to do so, or who knowingly and willfully prevents another person from
doing so, is guilty of a misdemeanor.
(b) Any person who knowingly and willfully
makes public or discloses any confidential information contained in the abuse
registry or in the records of any child sexual abuse case, except as provided
in Acts 1985,Ch.478, is guilty of a misdemeanor. (Acts 1985,Ch.478, Section
16.)
(9) PLACEMENT IN
TEMPORARY HOMES OR FOR ADOPTION
Private individuals including midwives, physicians, nurses,
hospital officials, lawyers, and the officials of any nonchartered and/or
nonlicensed child-caring institution, child-placing agency, or maternity home,
are forbidden to engage in placing children for temporary care or for adoption.
Violation of this restriction shall be punishable by fine of not less than $100
and no more than $500 for each offense.
(10) AMENDED ADOPTION LAW
No person, corporation, or agency except the Department of
Children's Services or an agency licensed by the Department as a child-placing
agency shall engage in placing children for adoption; provided however, this
section shall not be construed to prohibit any person from advising a natural
or prospective adoptive parents of the availability of adoption or from acting
as an agent for the natural or prospective adoptive parents in making necessary
arrangements for adoption so long as no fees are charged for such service other
than the usual and customary legal and medical fees in connection with the
birth of the child and the legal proceedings relative to adoption. Any court of
competent jurisdiction, upon the filing of a verified bill for injunction, by
the State of Tennessee, on behalf of the State Department of Children's
Services or by an agency, or by any person aggrieved, may temporarily enjoin or
restrain any person, corporation, or agency, from engaging or attempting to
engage in placing children for adoption in violation or threatened violation,
of the chapter of T.C.A. relative to adoption and upon final
hearing, if the court determines that there has been a violation, or threatened
violation, thereof, the injunction shall be made permanent.
Authority: T.C.A. §§
4-5-226(b)(2);14-10-104;
14-10-106 through 14-10-108; 14-10-113; 14-10-119; 14-10-121;14-10-124;
14-10-125; 14-10-126; 37-1-615; 37-2-401 through 37-2-411; 37-5-101;37-5-105;
37-5-105; 37-5-106; 37-5-112(a); 37-1203, 37-1212, 37-1502, 71-1-105(12) and
71-3-501 through 71-3-530.
