Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-04 - Standards for Regulated Institutions
Chapter 1240-04-01 - Licensure Rules for Child Care Agencies
Section 1240-04-01-.08 - RECORD KEEPING
Universal Citation: TN Comp Rules and Regs 1240-04-01-.08
Current through September 24, 2024
(1) General Record Requirements.
(a) All records required by
this chapter shall be maintained in an organized manner on site, in a
centralized location, or available electronically, and made readily available
upon Department request.
(2) General Children's Records.
(a) The child care agency shall maintain a
file for each child in a central location within the child care
agency.
(b) A child's records shall
be kept for one (1) year following the child's leaving the child care agency;
however, the health record shall be returned to the parent/guardian upon
request when the child leaves the child care agency.
(c) All children, including related children
younger than age nine (9), shall have required records on file before care is
provided.
Exception: After an initial eligibility determination, children of homeless families and/or children in state custody may receive care prior to providing required documentation as determined by the Department.
(d) General
Requirements - Children's Records shall include:
1. A current information form, containing the
following:
(i) The child's name and date of
birth;
(ii) Name of
parents/guardians;
(iii) Child's
and parents'/guardians' home addresses and phone numbers;
(iv) Parents'/guardians' business addresses,
phone numbers, and work hours (if applicable);
(v) Any diagnosed disabilities for children
who have special needs, medical conditions (including allergies) or relevant
history of the child;
(vi) For a
child with life-threatening allergies, a written plan of action endorsed by the
child's pediatrician or licensed medical provider;
(vii) Name, address, and telephone number of
a physician to call in case of an emergency;
(viii) Written consent of parents/guardians
regarding emergency medical care; and
(ix) The name and address (home and business
or school) and current phone number of an emergency contact.
2. A written statement stating to
whom the child shall be released.
3. Written transportation agreement, if
applicable, between parent/guardian and the child care agency regarding daily
transportation between the home and the child care agency and the child care
agency and the school.
4. Daily
attendance records that include the full name and time in and time out for each
child shall be maintained on-site but not necessarily in the individual child's
file.
5. Daily attendance records
shall be kept for one (1) year after the child has left the child care
agency.
6. An individual attendance
list shall be maintained in each classroom.
7. The child care agency shall obtain
individual permission slips signed and dated by the parent/guardian for each
field trip prior to the activity.
8. A signed Personal Safety Curriculum
Notification Form indicating the parent/guardian have been provided an
opportunity to review the personal safety curriculum offered by the child care
agency and have been notified of the child sexual abuse/personal safety
curriculum.
(e)
Immunization Record Requirements.
1. The child
care agency shall have a Tennessee Department of Health Official Immunization
Certificate before accepting any child age two (2) months or older into care.
All required vaccinations must be completed by eighteen (18) months of
age.
2. Exceptions to immunization
record requirements may be made only if:
(i)
The child's physician or a state or local health department provides a signed
and dated statement giving a medical reason why the child should not be given a
specified immunization;
(ii) The
child's parent provides a signed written statement that such immunizations
conflict with his/her religious tenets and practices; or
(iii) If care for children of homeless
families and/or children in state custody is needed before documentation of
immunizations can be confirmed. Care without documentation of immunizations
shall not exceed sixty (60) days.
3. Before a school-age child is accepted for
care, the center shall have on file a statement from the parent or school that
the child's immunizations are current and that his or her health record is on
file at the specified school which the child attends.
(f) Children's Record Requirements.
1. The following information shall be
documented and shared with all educators of an infant, toddler or non-verbal
child during the day:
(i) Time and amount of
feeding;
(ii) Any incidence of
excessive spitting up;
(iii)
Toileting;
(iv) Times of diaper
changes;
(v) Sleep patterns;
and
(vi) Developmental
progress.
2. Before a
child under the age of sixty (60) months of age is accepted for care, the
parent/guardian shall provide documentation, signed or stamped by a physician
or licensed medical provider, that the child has completed a well-child
examination unless the children are homeless and/or in state custody. If the
children of homeless families and/or children in state custody are accepted for
care, they may supply well-child documentation no more than sixty (60) days
after enrollment. This record shall be kept on file at the child care agency
for one (1) year.
3. Each infant,
toddler and pre-school child shall have a transition plan for moving from one
age group to another.
(g) School-Age Children's Record
Requirements.
1. The information form shall
list the name, address, and phone number of the school the child
attends.
2. The records of any
child who is five (5) years old in a child care agency which lacks approved
kindergarten status for purposes of T.C.A. §
49-6-201
shall include a signed acknowledgment by the child's parent or guardian that
recognizes that the child's attendance does not satisfy the mandatory
kindergarten prerequisite for the child's enrollment in first grade. The
statement of acknowledgment shall be signed by the parent or guardian and
maintained in the child's file.
(h) Record Requirements for Children with
Special Needs. The child care agency will maintain a written activity record
that consists of daily activities and behavior and information pertinent to the
needs of the individual child.
(3) Staff Record Requirements.
(a) The child care agency shall maintain a
file for all staff in a central location within the child care
agency.
(b) Staff records shall be
maintained for at least one (1) year following the separation of the staff from
the child care agency.
(c) Staff
records shall include the following information for each staff member:
1. The name, birth date, the social security
number, address, and telephone number;
2. An emergency contact name/phone
number/address;
3. Documentation of
education and certificates of conferences and workshops attended in the
preceding year, as recorded in the TNPAL system;
4. Documentation signed by the examining
licensed physician, nurse practitioner or physician's assistant, verifying that
the staff person is physically, mentally and emotionally capable of safely and
appropriately providing care for children in a group setting, if the staff
person is an educator, owner, operator, director, manager, or will otherwise
have unsupervised access to children. The documentation shall be on file within
ten (10) calendar days of employment or work start date;
5. Documentation that staff have been
screened and/or tested for all communicable diseases as required by the
Department of Health prior to having contact with children;
6. Written employment history verified in a
written statement that employment history has been checked prior to
employment;
7. Documentation of
annual performance reviews including personnel and corrective
actions;
8. Date of employment and
date of separation, as applicable, from the child care agency;
9. Daily attendance (including time
in/out);
10. Signed and completed
criminal history disclosure form; and
11. Verification of criminal and juvenile
background check results, the vulnerable person's and sex offender registries
results, and the results of a review of the protective services records of the
Departments of Children's and Human Services.
(d) In addition, driver records shall contain
the following information:
1. Copy of driver
license showing proper endorsements;
2. Verification of a valid driver license and
driver history check;
3. Annual
physical exam;
4. Verification of a
clear drug screen prior to assuming driving duties; and
5. Verification of Cardiopulmonary
Resuscitation and First Aid Certification.
(e) Substitute and Volunteer Records. Records
of substitutes and volunteers shall include their names, addresses, telephone
numbers and hours and dates of service.
(f) Substitute Pool Records. All staff
records shall be available on-site where the substitute is working either as
print copies or web-accessible documents.
Authority: T.C.A. §§ 4-5-202; 71-1-105(a)(5) and (a)(12); 71-3-501, et seq.; and 71-3-502(a)(2).
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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