Current through December 26, 2024
(1) GENERAL: The
legal basis for licensing is contained in T.C.A. §
71-3-501 et
seq.
(2) DEFINITIONS:
(a) Child Abuse Prevention Agency
1. Child Abuse Prevention Agency- (defined as
"child abuse agency" in the law) shall mean and include any person,
corporation, or agency which undertakes to or does provide any services of any
nature whatsoever, including but not limited to emergency shelter care,
homemaker services, or parent training services designed to prevent or treat
child abuse or neglect or to protect children from child abuse or neglect. This
shall not apply, however, to a person licensed by the State of Tennessee to
practice medicine or psychology while in the course of such practice nor shall
it apply to any school, hospital, mental health center, or similar institution
operated or approved by an agency or Department of the State of Tennessee. Nor
shall it apply to any church or church-related organization.
2. Nothing in this section shall be
construed, however, to diminish or repeal the duty of any person to report
suspected child abuse pursuant to T.C.A. §§
37-1-401 et seq. and
37-1-601 et seq.
(b) Department - The Tennessee Department of
Children's Services.
(c)
Commissioner - The Commissioner of the Tennessee Department of Children's
Services.
(d) Staff - Full-time and
part-time employees.
(e) Law -
T.C.A. §
71-3-501 et
seq.
(f) License-
A yearly permit issued to a child abuse prevention agency. Licensing is based
on achievement in meeting minimum standards developed and published by the
Department.
(3) BASIS
FOR APPROVAL FOR LICENSE: All child welfare agencies, as defined in
T.C.A. §
71-3-501, 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;
(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; and
(f) The probability of permanence of the
child welfare agency.
(4) LICENSING PROCEDURE:
(a) Conditional License Fees: 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 the
applicant 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. A
processing fee of $10 shall be submitted with the application.
(b) Issuance of Annual License, Revocation,
Suspension, and Hearings: If at the end of the 90-day period set forth above,
evidence is provided by the applicant/licensee that the 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 by revoked by the Department on 90-days notice being
given to the licensee, or such license may be immediately suspended be the
Department, as provided by law, if the public health, safety, or welfare
imperatively so requires. The notice of revocation, or suspension order shall
contain the cause of the revocation or suspension. The licensee may, upon
written request filed with the Commissioner within 10 days of mailing of the
notice of revocation, receive a hearing before the Board of Review, with such
hearing to be held within the 90-day period set out in the notice of
revocation.
(c) When an application
for a license has been denied or a license has been revoked on one occasion,
the agency may not reapply for a period of 60 days from the date of the denial
or 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. For
purposes of this chapter, the "date of denial or revocation" shall, in cases
where an appeal has been filed, mean the date on which any final administrative
or judicial order has been entered finally determining the appeal.
(d) Upon written notice to the applicant that
a request for 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 with the Commissioner 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.
(e) Any child welfare agency, as defined in
T.C.A. §
71-3-501, operating
without being so licensed by the Department, shall be guilty of a misdemeanor
and shall be imprisoned not more than six months or fined not more than $500,
or both.
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 T.C.A. §
71-3-501, within the
state. It is given right of entrance privilege of inspection, access to
accounts and records, and information regarding the whereabouts of children
under care for the purpose of ascertaining the kind and quality of work done to
obtain a proper basis for its decisions 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 Part 4. or Part 6. of Chapter I of
Title 37 of the
T.C.A..
1.
The Department shall have the authority and responsibility to fully investigate
in accordance with the provisions of Part 4. or Part 6. of Chapter I 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 of the
Department determined 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 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 being 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 fulltime or part-time
basis.
(5)
PUBLIC AGENCIES. Any child welfare agency, as defined in T.C.A. §
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 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 report of the
above-mentioned inspections. 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) REPORTING OF BRUTALITY, ABUSE, NEGLECT OR
CHILD SEXUAL ABUSE T.C.A. §§
37-1-403 and
37-1-605).
(a) Any person,
including but not limited to any:
1.
Physician, osteopath, medical examiner, nurse, or hospital personnel engaged in
the admission, examination, 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, 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 or 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 the county office of the Department of Children's Services or
to the 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 the
Public Acts of 1985, Public Chapter 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
member 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 T.C.A.
§
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 the Public Acts of 1985, Public Chapter
478 relative to the sexual abuse of children. Investigations of institutional
child sexual abuse shall be conducted in accordance with the provisions of
T.C.A. §
37-1-606.
(g) Every physician or other person who makes
a diagnosis of, or treats, or prescribes for any venereal disease set out in
T.C.A. §
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 to that Department. If
the reported cases are confirmed and if sexual abuse is suspected, the
Department of Health 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.
(7)
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 the Public Acts of 1985, Public Chapter 478, is guilty of a misdemeanor.
(Public Acts of 1985, Public Chapter 478, §16.)
(c) All staff of the agency whether paid,
contracted, or volunteer, must report any suspected child abuse or neglect of
any child enrolled in the agency, in conformance with Parts 4 and 6 of Chapter
1 of Title 37 of the T.C.A.. Failure to do so will, standing
alone, be sufficient basis for denial or revocation of the agency's
license.
(8) PLACEMENT
IN TEMPORARY HOMES OR FOR ADOPTION: Private individuals including midwives,
physicians, nurses, hospital officials, lawyers and the officials of any
non-chartered and/or non-licensed child-caring institutions, 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 imprisonment for not greater than 11 months, 29 days or a fine
not to exceed $2,500, or both.
(9)
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 the 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.
(10) POSTING OF LICENSE:
A license to operate a child abuse prevention agency must be posted in a
conspicuous place.
(11) GENERAL
REQUIREMENTS: All child abuse prevention agencies licensed or approved by the
Department must meet the following minimum requirements.
(a) All child abuse prevention agencies,
whether publicly or privately owned and/or operated, shall meet the standards
of private licensed, child-abuse prevention agencies.
(b) A child abuse prevention agency shall
have office facilities adequate to meet its needs, including accessibility to
the public, adequate space for staff, and an area which provides privacy for
interviewing clients.
(c) A child
abuse prevention agency shall maintain professional confidentiality in
accordance with the ethics of the social work profession. The agency shall act
in the best interest of the client insofar as this does not violate the social
responsibility of the agency for the protection of the community.
(d) A child abuse prevention agency shall
keep accurate statistical records which reflect the complete scope of the work
or the agency.
(e) Reports shall be
made to the Department as follows:
1. Monthly
and annual statistical reports completed on forms provided by the Department;
and
2. Change in location reported
at or prior to time of change.
Authority: T.C.A. §§
4-5-226(b)(2);4-5-320;
36-1-134; 37-1-401 et seq., 37-5-101; 37-5-105; 37-5-106;
37-5-112(a);71-1-105(12) and 71-3-501 through 71-3-531.
