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-.11 - SUPERVISION


Current through September 24, 2024

(1) Supervision. When children are not within the direct sight and sound of an adult, the term "supervision" means:

(a) For children six (6) weeks of age through nine (9) years of age, the adult must be able to hear the child at all times, must be able to see the child with a quick glance, and must be able to physically respond immediately.

(b) For children six (6) weeks of age through five (5) years of age during mealtime, an adult must be in the direct sight and sound of children while the children are eating.

(c) For children ten (10) years of age and older, the adult shall know the whereabouts and activities of the children at all times and must be able to physically respond immediately.

(d) For children ages ten (10) years and above who are grouped with children under ten (10) years of age, the minimum supervision requirements for children ages six (6) weeks through nine (9) years, shall be followed.

(e) Each child shall be greeted and received by the specific educator assigned who will have ultimate responsibility and accountability for their supervision, oversight and care upon the child's arrival.

(f) Helper devices such as mirrors, electronic sound monitors, etc. may be used as appropriate to meet these requirements.

(2) Supervision Procedures.

(a) To ensure the health and safety of all children enrolled, the management of the child care agency shall maintain a system that enables all children to receive a level of supervision that is appropriate to their age and their developmental, physical and mental status. The child care agency staff shall be within sight and sound of the children in their care at all times, be aware of their activities, and be able to intervene appropriately.

(b) Staff shall conduct a visual inspection of all areas of the building and grounds immediately after closing the child care agency for the day in order to ensure that no children have been unintentionally left in any part of the child care agency's facilities.

(c) If any child is left unattended at any time, the child care agency is subject to legal enforcement action. A child left unattended includes, but is not limited to a child:
1. Walking out of a child care agency without the knowledge of staff;

2. Being left in a classroom or any other area of the facility;

3. Being left on the playground;

4. Being left at a field trip location; or

5. Being left on a vehicle.

(d) Procedures for Release of Children from the Care of the Child Care Agency.
1. Children shall be released to only the child's parent/guardian, or other person authorized by the parent/guardian in accordance with the child care agency's policies, unless otherwise directed by the Department of Children's Services or law enforcement authorities.

2. The child care agency shall verify the identity of the parent/guardian or other authorized person and shall require presentation of a photo identification for comparison with the child's file if the educator does not recognize the individual.

3. In the event an unauthorized person requests release of a child, authorization may be obtained by calling the parent/guardian.
(i) The child care agency shall document the date and time of the contact, to whom he/she spoke, and to whom the child was released.

(ii) The child care agency shall verify the identity of the unauthorized person by requiring presentation of a photo identification.

4. The person to whom the child is released shall sign the child out of the child care agency as required in subparagraph (e) below.

5. The child care agency shall immediately call 911 or other local emergency services number if anyone whose behavior may place a child at imminent risk attempts to pick up a child.

(e) Sign-In/Sign-Out Procedures.
1. Child care agencies shall maintain a daily sign-in and sign-out sheet or electronic sign-in or sign-out record that includes:
(i) Each child's printed or typed full name;

(ii) Date;

(iii) Time of entry;

(iv) Time of departure; and

(v) Name of the individual who brought the child to the child care agency and the individual's name that picked up the child from the child care agency.

2. Child care agency staff shall only sign children in and out of the child care agency when transported to the child care agency by the child care agency's transportation service or local school transportation system and no parent/guardian or authorized representative is present or at the discretion of the Department.

3. These sign-in and sign-out sheets or electronic records shall be maintained for one (1) year and shall be kept on-site and immediately available.

(3) Meal and Snack Time Supervision.

(a) During meal and snack time, staff shall maintain direct supervision of children between six (6) weeks and five (5) years of age and maintain supervision of children between six (6) and nine (9) years of age.

(b) During meal and snack times, educators that are providing supervision are prohibited from engaging in any activities unrelated to mealtime while children are eating.

(c) Child care agencies shall develop and follow a written mealtime supervision plan that addresses:
1. Room arrangement that will allow staff to directly supervise each child at all times;

2. Individual staff duties to ensure age-appropriate supervision can be given to each child at all times;

3. Individual children's needs, including high risk behaviors; and

4. Interruptions and emergencies.

(d) Mealtime supervision plans shall be updated as needed.

(e) The mealtime supervision plan shall be prominently posted in each area where food is served.

(4) Playground Supervision.

(a) The same supervision requirements are applicable on the playground as in the classroom.

(b) Child care agencies shall develop and follow a written playground supervision plan that includes:
1. Arrival and departure procedures;

2. Playground design and placement of equipment;

3. Individual staff duties to ensure age-appropriate supervision can be given to each child at all times;

4. Individual children's needs, including high risk behaviors;

5. Emergency procedures, including communication with other staff; and

6. Roll call before leaving classroom and upon arrival at playground and prior to leaving playground and upon arrival in classroom.

(c) Playground supervision plans shall be updated as needed.

(5) Supervision during Field Trips.

(a) Child care agencies shall provide direct supervision to each child at all times during field trips.

(b) The adult:child ratio shall be doubled during field trips. Exception: for family and group homes, the adult:child ratio during field trips shall be increased by one (1).

(c) The child care agency shall monitor attendance by checking attendance as follows:
1. Prior to leaving the child care agency;

2. Upon arrival at each destination;

3. At the beginning and end of each activity (such as lunch, breaks, etc.);

4. Upon departing each destination; and

5. Upon arrival at the child care agency.

(6) Supervision in and Near Water.

(a) When children are engaged in activities in or near a body of water, the following requirements shall be met:
1. Swimming Ratio Chart

Age Group

Adult:Child Ratio

Six (6) weeks - Twelve (12) months

1:1

Thirteen (13) months - Thirty-five (35) months

1:2

Three (3) years

1:3

Four (4) years

1:4

Five (5) years

1:5

School-age (Kindergarten and above)

1:10

2. One (1) adult present shall have a current certificate in advanced aquatic lifesaving skills. This person shall supervise from above the level of the swimmers. This person may be the lifeguard provided by the facility.

3. The lifeguard, including those provided by a swimming facility, shall not be included in the required adult:child ratio while performing lifeguard duties.

(7) Safe Sleep Supervision Procedures.

(a) To reduce the risk of Sudden Unexpected Infant Death (SUID), including Sudden Infant Death Syndrome (SIDS), suffocation and other sleep-related deaths, child care agencies shall follow safe sleep practices.
1. Infants shall sleep in cribs or play yards with a firm sleep surface with a fitted sheet;

2. No infant shall be allowed to sleep on a sofa, soft mattress, adult bed, in a car seat, in a swing, or in other restraining devices;

3. Infants shall be positioned on their backs for sleeping;

4. Bibs shall be removed prior to placing infants in a crib for sleeping;

5. Soft bedding is prohibited and includes, but is not limited to, pillows, bumper pads, blankets, quilts, comforters, stuffed toys, and other soft items;

6. Mobiles and other toys that attach to any part of the crib are prohibited;

7. It is not necessary to reposition infants once they have demonstrated the ability to turn front to back and back to front independently;

8. Any cribs or other sleeping equipment prohibited by federal product safety regulations shall not be permitted;

9. Infants shall be touched by an educator every fifteen (15) minutes in order to check breathing, body temperature and position;

10. If a child appears not to be breathing, the child care agency shall immediately begin CPR and immediately call for emergency medical assistance;

11. The child care agency shall have a written policy describing safe sleep practices and provide a copy of that policy and training to all educators and volunteers assuming infant-caregiving duties;

12. All infant educators shall follow safe sleep procedures;

13. Infants that arrive asleep in car seats or fall asleep in any piece of equipment other than a crib must be immediately removed and placed on their back in a crib;

14. Avoid letting the infant overheat and ensure infants are dressed appropriately for the environment (no greater than 1 layer more than an adult would wear in the same environment); and

15. Any practice that is an exception to the above procedures shall not be used without written authorization from a physician.

(8) Naptime Supervision and Requirements for Naptime

(a) At naptime, after the children have settled down, adult:child ratios for ages thirty-one (31) months and above may be reduced by fifty percent (50%) in each classroom as long as the children are adequately protected and all of the following requirements are met:
1. At least one (1) adult educator shall be awake and supervising the children in each nap room/sleeping area;

2. There are enough adults on the premises so that the adult:child ratio required for children when they are awake shall be met immediately; and

3. Ratios for children six (6) weeks through thirty (30) months shall be maintained.

(b) Maximum group size limits do not apply.

(9) Requirements for Nighttime Care.

(a) If there is a sleeping or resting child during nighttime, there shall be at least one (1) adult educator awake and supervising.
1. The educator shall be able to hear the child at all times, shall be able to see the child with a quick glance, and shall be able to physically respond immediately.

2. Helper devices such as mirrors, electronic sound monitors, etc. may be used as appropriate to meet these requirements.

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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