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-.20 - SPECIFIC REQUIREMENTS FOR FAMILY CHILD CARE HOMES
Universal Citation: TN Comp Rules and Regs 1240-04-01-.20
Current through September 24, 2024
(1) Required Adult:Child Ratios.
(a) Adult:Child
ratios shall be maintained by the child care agency while the children are on
the premises of the child care agency, including outdoors or on the
playground.
(b) A child care family
home shall not exceed licensed capacity.
(c) Adult:Child Ratio Requirements for Family
Child Care Homes.
1. No more than seven (7)
children may be present at any one time; except up to twelve (12) children may
be present if any number above seven (7) are related to the primary
educator.
2. If the family child
care home is the occupied residence of the primary educator, children related
to the primary educator nine (9) years of age or older will not be counted in
determining the maximum number of children permitted if those children are
provided a separate space from that occupied by the family child care
home.
3. Children related to the
primary educator nine (9) years of age or older may interact with children in
the licensed family child care home provided that the required level of care
and supervision is not compromised.
4. The number of educators in a family child
care home required to supervise children enrolled in the home shall comply with
one of the options listed on the chart below.
Maximum Number of Children and Ages (including children related to the primary educator under nine (9) years of age) |
Educators Required |
Seven (7) or fewer children; and no more than four (4) under two (2) years |
1 |
Seven (7) or fewer children; and five (5) or more under two (2) years |
2 |
More than seven (7) children; and no more than four (4) under two (2) years |
2 |
More than seven (7) children; and five (5) or more under two (2) years |
3 |
(d) A qualified educator shall be on-site any
time that the primary educator is not on-site during child care operating
hours.
(e) All staff responsible
for food service, preparation, or supervision shall be trained on the mealtime
supervision.
(2) Licensed Capacity of Physical Space.
(a) The
maximum number of children who may be present inside a physical space shall be
determined in accordance with the minimum square footage
requirements.
(b) The Department
may, in its discretion, restrict the child care agency's licensed capacity
below the maximum set forth in these rules.
(c) If the number of children exceeds seven
(7) at one time or the care is provided in one room of the home, the area shall
provide thirty (30) square feet per child of usable play space.
(d) For the purposes of calculating square
footage requirements, the following space or area will not be counted:
1. Restrooms;
2. Hallways;
3. Kitchen;
4. Office space; and
5. Space used by cribs or large pieces of
furniture.
(e) Adequate
Plumbing Facilities. The child care agency shall have the minimum number of
functional toilets and hand-washing stations in accordance with the:
1. Requirements of any applicable local
ordinances and regulations;
2.
Proximity of the plumbing to the classroom(s); and
3. Ages of the children served.
Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105(a)(5); 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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