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-.23 - SPECIFIC REQUIREMENTS FOR DROP-IN CHILD CARE CENTERS

Universal Citation: TN Comp Rules and Regs 1240-04-01-.23

Current through September 24, 2024

(1) Record Keeping. The following records shall be maintained in an organized manner at the drop-in center and made available to the Department upon request:

(a) A signed statement from the parent/guardian verifying that the child or children are in good health and current with immunizations; and

(b) Written consent of the parent/guardian regarding emergency medical care including verification of any food or other allergies from the parent/guardian.

(2) Admission of Children and Communication with Parents.

(a) Before accepting a child for care, the parent/guardian shall provide a statement regarding the estimated amount of time that the parent/guardian anticipates that the child will be in attendance at the drop-in center.

(b) An individual child may not exceed seven (7) hours of care per day or fourteen (14) hours of care per week during regular working hours (Monday - Friday, 6:00 a.m. to 6:00 p.m.).

(c) A drop-in center may provide child care during evenings (after 6:00 p.m.) and weekends (Friday, 6:00 p.m. - Sunday, 10:00 p.m.) so long as the drop-in center provides no more than a total of twenty (20) hours of care per week, exclusive of snow days when the school of the affected child is closed.

(d) The drop-in center shall maintain and make available to the Department attendance records verifying that no child receives care in excess of the maximum allowable hours.

(3) Personal Safety Curriculum.

(a) The child care agency shall familiarize staff with the following required personal safety materials and be prepared to discuss them with parents:
1. "Personal Safety Tips for Children and Their Parents"; and

2. "Personal Safety Curriculum Notification Form for Drop-In Child Care Centers."

(b) The child care agency shall provide parents of children ages three (3) and over with a copy of the above forms.

(c) The child care agency shall maintain a copy of the Personal Safety Curriculum Notification Form signed by the parent/guardian on file at the child care agency.

(4) Care of School-Age Children on Snow Days.

(a) A drop-in center may not accept any school-age child for care on snow days unless the license specifically authorizes the licensee to provide such care.

(b) The number of school-age children that a drop-in center may accept at any given time shall be determined by the Department based upon the amount of floor space.

(c) No child thirteen (13) years of age or older may be cared for by a drop-in center on a snow day.

(d) The center shall annually provide the Department with an updated list of trained educators and staff available for emergency call duty.

(5) Transportation. Transportation is prohibited.

(6) Staff Qualifications.

(a) Director of a Drop-in Child Care Center.
1. The drop-in center shall have an on-site director.

Exception: A drop-in child care center may operate without an on-site director no more than sixty (60) days total within the licensing year.

(7) Supervision and Grouping of Children.

(a) Age Categories and Adult:Child Ratios.
1. Children shall be placed in age-appropriate groups and with adequate adult educator supervision as established in parts 2.-4. below.

2. Age Grouping.

Age of Children

Adult:Child Ratio

Six (6) weeks - Fifteen (15) months

1:4

Twelve (12) months -

Thirty (30) months

1:8

Two (2) years

1:12

Three (3) years

1:15

Four (4) years

1:18

Five (5) years (not in Kindergarten)

1:20

School- age (Kindergarten and above)

1:22

3. Multi-Age Grouping.
(i) The adult:child ratio of a multi-age grouping shall be determined by the age of the majority of the children in the group; provided, however:
(I) No majority age: If the ages of the children are evenly divided, the adult:child ratio shall be determined by the age of the youngest child in the group.

(II) Infants: The adult:child ratio of any group containing an infant shall be determined solely by the number of infants in the group.

(ii) The adult:child ratio for any multi-age grouping containing three (3) or more infants is 1:4.

(iii) The adult:child ratio for a multi-age group containing infants is as follows:

Majority Age of Children Present

One Infant

Two Infants

Twelve (12) months -

Thirty (30) months

1:8

1:6

Two (2) years

1:10

1:8

Three (3) years

1:12

1:10

Four (4) years

1:15

1:12

Five (5) years (not in Kindergarten)

1:17

1:13

School- age (Kindergarten and above)

1:19

1:15

4. When more than fourteen (14) children are present, children under two (2) years of age shall have their own designated area.

(8) Nutritional Needs.

(a) A meal or a snack shall be available every three (3) hours according to a normal pattern as follows:
1. Three (3) to five (5) hours: One (1) meal or snack; and

2. Five (5) to six (6) hours: Two (2) meals or snacks.

(b) Extended Care: For a child who is in care for extended or nighttime hours, meals and snacks will be offered in accordance with the child's hunger and the hours of attendance.

(c) If the child care agency provides food, it shall be in accordance with the USDA's Child and Adult Care Food Program (CACFP) nutritional guidelines.

(9) 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. The Department may, in its discretion, restrict the child care agency's licensed capacity below the maximum set forth in these rules.

(b) A minimum of thirty (30) square feet of usable indoor play space shall be provided for each child.

(c) Each nap room shall contain a minimum of thirty (30) square feet of floor space per child.

(d) For the purposes of calculating square footage requirements, the following shall not be counted:
1. Restrooms;

2. Hallways;

3. Kitchen;

4. Office space; or

5. Any space used by cribs or large pieces of furniture.

(e) Rooms with sufficient floor space, as defined by the requirements set forth in these rules, may be divided by a barrier at least four (4) feet in height and used for more than one (1) group.

(f) 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.

(10) Staff shall have documentation of all children's allergies and how to deal with any allergic reaction.

(11) Staff shall review emergency preparedness and fire procedures and shall physically walk through the evacuation process every quarter.

(12) Prohibited Activities and Rules Not Applicable to Drop-In Child Care Centers:

(a) Prohibited Activities:
1. Swimming;

2. Transportation;

3. Provision of specialized services.

(b) Rules Not Applicable to Drop-In Child Care Centers:
1. Completed child application, immunization certificates (for children over two (2) months of age), and health history prior to admission;

2. Written documentation of parent/guardian pre-enrollment visit;

3. License notation to provide extended care hours;

4. Parent/guardian signed receipt of polices and summary of licensing requirements;

5. Ongoing parent/guardian communication regarding curriculum, personnel changes, and changes in child's routine care;

6. Posting a report card;

7. Emergency procedure practice drills for the children;

8. Written action plan for each child with life-threatening allergies;

9. Immunization requirement exceptions;

10. Documentation of specific infant, toddler, or non-verbal child activities under children's records;

11. Documentation of well-child exam prior to care (child under sixty (60) months);

12. Parent/guardian signed kindergarten status acknowledgement;

13. Daily written activity record for children with special needs;

14. Records regarding proof of staff education;

15. Staff sign-in of children during transportation;

16. First aid certification for all staff during extended hours;

17. Accommodations that support and facilitate a family's decision to continue breast feeding;

18. Sufficient indoor equipment, materials, and toys based upon the activities in 1240-04-01-.14;

19. Outdoor play or equipment;

20. Napping or sleeping equipment for each child six (6) weeks to five (5) years in care for six (6) or more hours;

21. Bedding labeled with each child's name or corresponding code;

22. Time limitation on the use of television, radio, video, computers, and personal electronic devices;

23. A reclining rest period for children in care six (6) or more hours;

24. Individual educator attention to each child described in 1240-04-01-.15;

25. Educational activities described in 1240-04-01-.15(7);

26. Plans for bedtime rituals/routines;

27. Developmental checklist of developmental milestones upon disenrollment; and

28. Requirement regarding when toilet learning is started.

Authority: T.C.A. §§ 4-5-202; 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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