Rules & Regulations of the State of Tennessee
Title 0250 - Children's Services
Subtitle 0250-04 - Standards for Regulated Institutions
Chapter 0250-04-11 - Standards for Child Abuse Prevention Agencies
Section 0250-04-11-.02 - ORGANIZATION AND ADMINISTRATION

Universal Citation: TN Comp Rules and Regs 0250-04-11-.02

Current through September 24, 2024

(1) LEGAL RESPONSIBILITY:

(a) The organization of every agency must be such that legal and administrative responsibility is clearly defined.

(b) In an incorporated agency, the administrative responsibility must be placed with the Board of Directors.

(c) In a non-incorporated or public agency, an advisory board must be established.

(2) CONSTITUTION AND BYLAWS:

(a) An incorporated agency must develop written bylaws which define policies and procedures pertaining to its organization and structure.

(b) The bylaws of an 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 committee, 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 chief administrative officer and his/her relationship to the Board; and

13. Method of amending the bylaws.

(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. The only paid employee who may serve as a voting member of the Board of Directors is the chief administrative officer.

(b) Officers must be elected annually.

(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 chief administrative officer, and delegate responsibility to the chief administrative officer for administering the agency.

(c) It must see that adequate funds are available for financing the agency's operations, including 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 chief administrative officer and 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 a biennial audit with an opinion and an annual financial statement enumerating budgeted categories. The Board must set the budget, study reports, ask questions, and stay informed regarding the agency's financial activities and fields of service.

(f) It must not be involved in individual cases unless the Board member is a staff person or volunteer whose job description authorizes such involvement.

(g) It must keep minutes signed by a corporate officer of each meeting which shall be available to the Department's licensing division.

(h) The annual application for licensure must be submitted to the Department and signed by the chairman of the Board and/or chief administrative officer.

(i) The governing board must be organized and must function according to its constitution, bylaws, and charter.

(j) Members of the governing board must not serve for more than nine consecutive years after which time they must rotate off the board for a minimum of one year.

(5) PROGRAMS OPERATING UNDER PUBLIC AGENCIES MUST MEET THE FOLLOWING STANDARDS AND GENERAL RESPONSIBILITIES OF THE ADVISORY BOARD:

(a) The Advisory Board of a child abuse prevention agency shall keep written records clearly setting forth:
1. Name;

2. Purpose;

3. Membership;

4. Power and duties of the Board;

5. Size of the Board;

6. Method of selection, tenure, and members;

7. Method of election of offices;

8. Organization of the Board and its committees, enumerating their respective responsibilities;

9. Responsibilities of the chief administrative officer and his/her relationship to the Board;

10. Method of calling meetings and annual meetings;

11. Frequency of meetings, quorum requirement, and rules of order;

12. Fiscal year; and

13. Method of amending the bylaws.

(b) 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. Periodically review aspects of the operation of the facility;

4. Meet as often as necessary but not less than quarterly; and

5. Maintain records of attendance and minutes of meetings. These records and minutes shall be available to the Department's licensing division.

(c) In public agencies in the event of serious disagreement between the agency and Advisory Board, the Advisory Board shall report to the head of the governing unit legally responsible for the agency clearly outlining the nature of the disagreement and its recommendations.

(d) Members of the advisory board must not serve for more than nine consecutive years after which time they must rotate off the advisory board for a minimum of one year.

(6) FINANCING:

(a) Solicitation of Funds; Agencies which engage in the solicitation of funds for charitable purposes must comply with the Solicitation of Charitable Funds Act, T.C.A. § 48-3-501 et seq.

(b) Income of the agency must be sufficient to ensure the effective operation of the program to which the agency is committed.

(c) A budgetary estimate showing details of anticipated income and expenditure for the coming year shall be approved by the board before the beginning of the fiscal year. The estimate shall be made available to the Department.

(d) Financial accounts must be audited biennially by a certified public accountant or licensed public accountant consistent with accepted accounting principles. A copy of the audit with an opinion must be furnished to the Department or Children's Services. Qualifications to the opinion must be reviewed by the board and this review must be recorded in the minutes.

(e) The chief administrative officer and others handling the agency's fund must be appropriately bonded. Premiums for the bonds must be paid by the organization unless otherwise provided by law or ordinance.

Authority: T.C.A. §§ 4-5-226(b)(2);37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.

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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