Current through September 24, 2024
(1) INCORPORATION:
Child-placing agencies may be operated by a society, agency, or corporation. If
the child-placing agency is to be operated as a corporation, the licensing law
provides that no child-placing agency.
(2) CONSTITUTION AND BY-LAWS. The
constitution and bylaws should be written in a manner which would encourage and
facilitates progress and change to keep the function and philosophy of the
organization in line with the best current thinking and practice in child care.
(a) The incorporated agency must develop
written bylaws which-define policies and procedures pertaining to its
organization and structure.
(b) The
bylaws of the incorporated agency must include the following subjects:
1. Name
2. Purpose, with a description of scope of
operation
3. Membership
4. Powers and duties of board of
directors
5. Size of board of
directors
6. Method of selection,
tenure, and rotation of board members
7. Method of election of officers of the
board
8. Organization of board and
its committees, enumerating their respective responsibilities
9. Method of calling board meetings and
annual meetings
10. Frequency of
meetings, quorum requirements, rules of order
11. Fiscal year
12. Responsibilities of the administrator as
specified in Rule 0250-4-9-.04(5)(a).
(3) COMPOSITION OF THE BOARD
(a) Every agency operating as a corporation
must have a board of directors which operates as the responsible representative
of the community and as the governing body of the agency. In a noncorporated
agency an Advisory Board must be established.
(b) Officers must be elected annually. The
only employee who may serve as a voting member of the Board is the Executive
Director.
(c) There must be a
minimum of quarterly meetings. In special circumstances a meeting of the
Executive Committee may substitute for a full board meeting.
(4) GENERAL RESPONSIBILITIES OF
THE INCORPORATED AGENCY
(a) The board must set
up the corporate or legal existence of the agency and give it
continuity.
(b) It must select and
appoint the executive director, and delegate responsibility to the executive
for adminis-tering the agency. It must assume responsibility for a written
evaluation of the executive director on an annual basis. This evaluation must
be included in the executive director's personnel file.
(c) It must see that adequate funds are
available for financing the agency's operations, including a adequate staff,
proper working conditions, salaries, and facilities.
(d) It must govern the agency by policies and
plans that it determines and approves and that are formulated with the
executive staff.
(e) It must
account for the service of the agency and the expenditure of funds. To be
accountable it must make provision for proper bookkeeping including as annual
audit and an annual budget. The board must set the budget, study reports, ask
questions, and stay informed regarding the agency's financial activities and
field of service
(f) It must not be
involved in individual cases unless the board member is a staff person whose
job description authorizes such involvement.
(g) It must keep minutes of each meeting.
Upon request of the Department, documentation shall be provided concerning the
activities of the board.
(h) The
annual application for licensure must be submitted to the Department and signed
by the chairman of the board and/or the executive director.
(i) The governing board must be organized and
must function according to its constitution, bylaws, and charter.
(j) There shall be a plan for rotation of the
governing board. Members shall serve no more than nine consecutive
years.
(5) GENERAL
RESPONSIBILITIES OF THE ADVISORY BOARD
(a)
Every public agency or for-profit child-placing corporation must have an
advisory board.
(b) There shall be
a plan for rotation of the advisory board.
(c) Duties of the advisory board
The advisory board of a facility shall:
1. Provide advice to the governing
body.
2. Keep informed of the
operational policies and practices of the facility.
3. Meet as often as necessary but not less
than quarterly.
4. Maintain records
of attendance and minutes of meetings. Upon request of the Department,
documentation shall be provided concerning the activities of the
board.
(6)
FINANCING
(a) Solicitation of Funds
Agencies which engage in the solicitation of funds for
charitable purposes should become familiar with the "Solicitation of Charitable
Funds Act", T.C.A.
§ 48-3-501et. seq.
and abide by its provisions. The effective date of this act was July 1, 1977.
For information about the act, contact the Office of the Secretary of State,
Charitable Solicitation Division.
(b) Funds
1.
Income must be adequate and stable to insure the efficient and effective
operation of the program to which the agency commits itself.
2. A statement must be submitted annually
showing financial resources which will provide an adequate standard of
service.
(c) Audit and
Control
1. Accounts must be audited annually
by a certified public accountant or licensed public accountant consistent with
accepted accounting principles. A copy of the audit is to be provided to the
Department and must contain an opinion. Qualifications to the
opinion should be reviewed by the board and this review must be recorded in the
minutes.
2. The
administrator and others handling the agency's funds must be bonded. Premiums
for the bonds must be paid by the organization unless otherwise provided by law
or ordinance.
(d) If the
agency does not maintain liability insurance covering the premises and the
operations, the parent(s) or other legal custodian of all children in care must
be advised of this fact, in writing, either at the time of enrollment of the
child, at the time an effective policy ceases to be effective, or on the
effective date of these rules, whichever comes first. If, on the basis of such
notification, the legal custodian desires to remove the child(ren) from the
agency, he/she must be allowed to do so, notwithstanding any prior agreement to
the contrary. Any prepaid charges must be refunded on a prorated
basis.
Authority: T.C.A. §§
4-5-226(b)(2);14-10-104;
14-10-119; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105, 71-3-501-503
and 48-3-501-518.
