Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-05 - Administrative Procedures Division
Chapter 1240-05-13 - Child Care Agency Board of Review
Section 1240-05-13-.02 - DEFINITIONS

Universal Citation: TN Comp Rules and Regs 1240-05-13-.02

Current through September 24, 2024

(1) Applicant-The person or entity seeking an initial annual license or the issuance or renewal of any annual or extended license from the Department of Children's Services or the Department of Human Services.

(2) Application-The form for, and the process of, applying for a license from the Departments of Children's Services or Human Services.

(3) Child care agency or agency -The person or entity providing child care as defined by the licensing law in T.C.A. §§ 37-5-501 et seq. and 71-3-501 et seq. and the rules, respectively, of the Departments of Children's Services and Human Services.

(4) Child Care Agency Board of Review, Board of Review or Board-The entity established by T.C.A. §§ 71-3-510 and 37-5-515 to hear the appeals of the denial, revocation, or the restriction or limitation, other than summary suspensions, of licenses for child care agencies issued by the Departments of Children's Services and Human Services, and which adjudicates civil penalties imposed by the Department of Human Services against a child care agency under its jurisdiction.

(5) Civil penalty- A financial sanction imposed by the Department of Human Services against a child care agency that has violated a licensing regulation.

(6) Commissioner-The executive head of the Department of Children's Services or Human Services, as the context requires.

(7) Denial-The decision of the Department not to issue a license.

(8) Department-As the context requires, the term "Department", without further description, refers to either the Department of Children's Services or the Department of Human Services and, in such case, is dependent upon which class of child care agency is under consideration by the Department with licensing authority over the child care agency or which class of child care agency governed by the applicable Department is under consideration by the Child Care Agency Board of Review.

(9) Hearing Official-The administrative law judge or hearing officer assigned by law to conduct hearings before the Child Care Agency Board of Review.

(10) Law-The statutory or regulatory provisions affecting the operation of a child care agency.

(11) License- A permit issued by the Department of Children's Services or the Department of Human Services to a child care agency, authorizing the licensee to provide child care in accordance with provisions of the license, the law, and the regulations of the Departments of Children's Services or Human Services.

(12) Probation-The process used by the Child Care Agency Board of Review or a panel of the Board as part of the hearing on an appeal by a child care agency to permit a child care agency to continue operation under conditions set by the Board or panel which may allow the Board to determine if the agency can provide adequate care for children under its supervision consistent with the licensing law and regulations governing that class of child care agency.

(13) Licensee-The person, agency, group, or entity to whom or to which a license to operate a child care agency is issued by the Departments of Children's Services or Human Services.

(14) Reapplication-Application for a new license following denial or revocation of a license.

(15) Restricted license-A license which, either at the time of issuance, or during the license's existence, is reduced in its operational authority by the Departments of Children's Services or Human Services so that the child care agency's ability to provide certain child care related services is limited because the Department has determined that one or more areas of the agency's operations are not in compliance with child care laws or regulations or the agency's operations are, or have posed, a risk to the health, safety or welfare of children in the agency's care or the agency's operations pose the potential of such risk. A restricted license may also be imposed by the Child Care Agency Board of Review as part of its review of the licensing status of a child care agency in the same manner, and for the same reasons, as such a license is issued or imposed by either Department. A restricted license may be appealed to the Child Care Agency Board of Review.

(16) Revocation-The permanent removal of an existing license.

(17) Temporary license:

(a) A permit issued by the Department of Children's Services or the Department of Human Services to a new child care agency allowing and authorizing the temporary licensee, unless otherwise prohibited by law, to begin child care operations while the agency attempts to attain full compliance with all other applicable regulations.

(b) The temporary license is valid, unless suspended, for ninety (90) days for a Department of Children's Services temporary license, or one hundred twenty (120) days for a Department of Human Services temporary license or until the application for an annual license is finally determined, and is issued upon application or reapplication by the applicant only if the staff and facility do not present any apparent hazards to the children that may be in care and only if the facility has received fire safety and environmental sanitation approval and if the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the licensing laws and regulations.

(c) If, at the end of the ninety (90) or one hundred twenty (120) day period, evidence is provided by the applicant that such child care agency is suitable and properly managed and that the agency is in compliance with the rules governing the applicable class of child care agency, the Department will issue an annual license to the child care agency, unless the Department determines that a restricted license should be issued.

(d) The denial of a temporary license may be appealed to the Board of Review as provided in this chapter.

Authority: T.C.A. §§ 4-5-201 et seq.; 71-1-105; 71-3-501 et seq.; Acts 2000, ch. 981, §§ 11 and 14.

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