Tenn. Comp. R. & Regs. 0250 — Children's Services

Chapter 0250-01 Reserved

Tenn. Comp. R. & Regs. 0250-01-.01 RESERVED

History

• Authority: T.C.A. § 37-2-205 and 37-5-105.
• Administrative History: Emergency rule filed March 8, 2010; effective through September 4, 2010. Emergency rule filed March 8, 2010 and effective through September 4, 2010 expired on September, 5, 2010; rule reverted to its reserved status.

Tenn. Comp. R. & Regs. 0250-01-.02 RESERVED

History

• Authority: T.C.A. § 37-2-205 and 37-5-105.
• Administrative History: Emergency rule filed March 8, 2010; effective through September 4, 2010. Emergency rule filed March 8, 2010 and effective through September 4, 2010 expired on September, 5, 2010; rule reverted to its reserved status.

Tenn. Comp. R. & Regs. 0250-01-.03 RESERVED

History

• Authority: T.C.A. § 37-2-205 and 37-5-105.
• Administrative History: Emergency rule filed March 8, 2010; effective through September 4, 2010. Emergency rule filed March 8, 2010 and effective through September 4, 2010 expired on September, 5, 2010; rule reverted to its reserved status.

Tenn. Comp. R. & Regs. 0250-01-.04 RESERVED

History

• Authority: T.C.A. § 37-2-205 and § 37-5-105.
• Administrative History: Emergency rule filed March 8, 2010; effective through September 4, 2010. Emergency rule filed March 8, 2010 and effective through September 4, 2010 expired on September, 5, 2010; rule reverted to its reserved status.

Tenn. Comp. R. & Regs. 0250-01-.05 RESERVED

History

• Authority: T.C.A. § 37-2-205 and 37-5-105.
• Administrative History: Emergency rule filed March 8, 2010; effective through September 4, 2010. Emergency rule filed March 8, 2010 and effective through September 4, 2010 expired on September, 5, 2010; rule reverted to its reserved status.

Tenn. Comp. R. & Regs. 0250-01-.06 RESERVED

History

• Authority: T.C.A. § 37-2-205 and 37-5-105.
• Administrative History: Emergency rule filed March 8, 2010; effective through September 4, 2010. Emergency rule filed March 8, 2010 and effective through September 4, 2010 expired on September, 5, 2010; rule reverted to its reserved status. -- 1 of 1 --

Chapter 0250-04-01 Reserved

Tenn. Comp. R. & Regs. 0250-04-01 Reserved

RULES

OF TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

STANDARDS FOR REGULATED INSTITUTIONS

Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106 and T.C.A. §37-5-112(a). Administrative History:

Chapter 0250-4-1 have been established as a new control number for renumbered Chapters transferred from 1240- Department of Human Services filed and effective March 25, 1999.

Chapter 0250-04-02 Standards for Group Care Homes and Family Boarding Homes

Tenn. Comp. R. & Regs. 0250-04-02-.01 LEGAL BASIS FOR LICENSING

(1)GENERAL: The legal basis for licensing is contained in T.C.A. §§71-3-501 et seq.

(2)DEFINITIONS:

(a)Child- a person under 17 years of age.

(b)Commissioner- The Commissioner of the Tennessee Department of Children’s Services.

(c)Department- The Tennessee Department of Children’s Services.

(d)Emergency Shelter Care-Care available on a 24 hour basis. Its purpose is to provide care for children in emergency cases. The length of care should not extend beyond 30 days. In rare instances where longer care is required, the reason should be documented in the case record.

(e)Law- Tennessee Code Annotated §§71-3-501 et seq.

(f)License- A yearly permit issued to a Group Care or Family Boarding Home giving care to children. Licensing is based on meeting required standards developed and published by the Department.

(g)Group Care Home- The home operated by any person, agency, corporation or institution or any group which receives seven or more children under 17 years of age for full-time care outside their own homes in facilities owned or rented and operated by the organization.

(h)Family Boarding Home- A home operated by any person society, agency, or facility, whether incorporated or not, which provides full-time care for two or more children under 17 years of age who are not related to such person and whose parents and guardians are not residents of the same house for supervision, care, lodging and maintenance with or without transfer of legal custody.

(i)Staff- Full-time and part-time employees.

(3)BASIS FOR APPROVAL FOR LICENSE: All child welfare agencies as defined in T.C.A. §71-3-501 shall be licensed annually by the Department, said license to be based on standards developed and published for each child welfare agency in accordance with the following six (6) points of excellence:

(a)The present need for the proposed child welfare agency;

(b)The good character and intention of the applicant;

(c)The adequate financing of the organization;

(d)The capability, training, and experience of the workers employed;

(e)The facilities for and the methods of care provided, and the consideration of the best interest of the child and the welfare of society in any placements of children to be made; and (f)The probability of permanence of the child welfare agency.

(4)LICENSING PROCEDURE:

(a)Application for license shall be made to the Department upon blanks furnished by it together with a processing fee of $10. Upon receipt of the application for a license, the Department shall issue such child welfare agency a conditional license which shall be valid for a period of ninety (90) days from the date of issuance; provided, that the staff and facility do not present any apparent hazards to any children that may be in care and that the facility has received fire safety and environmental sanitation approval. At the end of the ninety (90) day period, upon evidence provided by the applicant/licensee that such child welfare agency is suitable and property managed as such, the Department shall issue such agency a license which shall be valid for a period of one (1) year; provided, however, such license may at any time be revoked by the Department upon ninety (90) day notice being given to the licensee, or such license may be immediately suspended by the Department, as provided by law, if the public health, safety, or welfare imperatively so requires.

(b)When an application for a license has been denied or a license has been revoked on one (1) occasion, the agency may not reapply for a period of sixty (60) days from the date of the denial or revocation. If such license has been denied or revoked on two (2) occasions, the agency may not reapply for a period of six (6) months from the date of denial or revocation. If such license has been denied or revoked on three (3) or more occasions, the agency may not reapply for a period of twelve (12) months from the date of denial or revocation. The Department may waive the time restrictions herein upon a showing that the agency corrected the deficiencies which led to the denial or revocation. For purposes of this chapter, the “date of denial or revocation”, in cases where an appeal has been filed, shall mean the date on which any final administrative or judicial order has been entered finally determining the appeal.

(c)Upon written notice to the applicant that a request for a license has been denied, such applicant may request a hearing before the Board of Review. Such request must be made in writing and must be filed within ten (10) days of the mailing date of the notice of denial. Such hearing must be granted at the next regular meeting of said Board of Review provided, however, that no longer than sixty (60) days shall elapse after such request and before such hearing.

(d)If a license is issued, revocation can be had at any time before expiration date upon ninety (90) days notice by the Commissioner of the Department, such notice to contain a statement of causes for revocation. The licensee may, upon a written request filed within 10 days of the mailing of the notice of revocation, receive a hearing before the Board of Review; provided that such review shall be within the ninety (90) day period set out in the notice of revocation.

Provided, however, that any conduct or conditions which might jeopardize, the safety of children shall be grounds or cause for immediate suspension of the license pending the outcome of revocation procedures.

(e)Any child welfare agency, as defined in T.C.A. §71-3-501, operating without being so licensed by the Department shall be guilty of a misdemeanor and shall be imprisoned not more than six (6) months and fined not more than five hundred ($500) dollars, or both. Each day of operation without a license shall constitute a separate offense.

(f)It shall be the duty of the Department, through its duly authorized agents, to inspect at regular intervals without previous notice, all child welfare agencies as defined in T.C.A. §71-3-501, within the State. It is given right of entrance, privilege of inspection, access to accounts and records, information regarding the whereabouts of children under care for the purpose of ascertaining the kind and quality of work done to obtain a proper basis for its decisions and recommendations. Any violation of the rights given in this section shall be a misdemeanor.

(g)Notwithstanding the provisions of T.C.A. §71-3-527, the Department shall have the following

authority and responsibilities in any case in which the Department receives a report of harm in accordance with Part 4. or Part 6. of Chapter I of Title 37 of T.C.A. 1.The Department shall have the authority and responsibility to fully investigate, in accordance with the provisions of Part 4. or Part 6. of Chapter 1, Title 37 of T.C.A. any allegation of abuse, neglect, or sexual abuse which it receives regarding any child or children in the care of any agency or person whether or not such agency or person is subject to licensure hereunder. In the conduct of such investigation, the Department shall be granted access to the records of a children in the care of the person or agency and personnel files of the director and all employees of the person or agency, shall be allowed to inspect all premises in which children are kept or cared for, and shall be allowed to interview any and all children in the care of such person or agency if the Department determines such interviews are necessary. 2.If the Department determines that abuse, neglect, or sexual abuse has occurred and the person or agency fails to take appropriate action to prevent future abuse, neglect, or sexual abuse the Department shall take such action as may be necessary to revoke, suspend, or deny the agency’s license, If the person or agency is not licensed or not subject to licensure, the Department may proceed to bring an action in the Chancery Court of the county of the defendant’s residence or the county in which the abuse, neglect, or sexual abuse occurred to enjoin the person or agency or any individual found by the Department to have been responsible for the abuse, neglect, or sexual abuse from continuing to provide care for children on a full-time or part-time basis.

(5)PUBLIC AGENCIES: Any child welfare agency, as defined by T.C.A. 71-3-501, which is under management of an administrative department of the state, a county or municipality, or any combination of these three, shall not be subject to license but shall meet the minimum standards of program and care as required of such child welfare agencies. The Commissioner of the Department, through his authorized agent, shall make periodic inspections of such public administrative child welfare agencies. The report of such inspec tions and recommendations shall be made privately to the executive head of the public administrative child welfare agency, the Board of Directors, if any, and/or the Division of the State, County, or Municipal Govern ment which has the duty under the law to operate such agency. It shall be the duty of the Department to cooperate with the public administrative agencies herein referred to, to the end that such recommended changes in program and policies can be adopted. If within a reasonable time, such standards and recommendations are not met, it shall be the duty of the Commissioner of the Department to make public in the community in which this agency is located, the report of the above-mentioned inspection. If any serious abuses, derelic tion, or deficiencies are found and are not corrected within a reasonable time, the same shall be reported in writing to the next session of the legislature.

(6)PLACEMENT IN TEMPORARY HOMES OR FOR ADOPTION: Private individuals including midwives, physicians, nurses, hospital officials, lawyers, and the officials of any non-chartered and/or non-licensed child caring institution, child placing agency, or maternity home, are forbidden to engage in placing children for temporary care or for adoption. Violation of this restriction shall be punishable by imprisonment for eleven (11) months, twenty-nine (29) days or a fine not to exceed twenty-five hundred ($2,500) dollars, or both.

(7)AMENDED ADOPTION LAW: No person, corporation, or agency except the Department of Children’s Services or an agency licensed by the Department as a child-placing agency shall engage in placing children for adoption; provided, however, this section shall not be construed to prohibit any person from advising a natural or prospective adoptive parents of the availability of adoption or from acting as an agent for the natural or prospective adoptive parents in making necessary arrangements for adoption so long as no fees are charged for such service other than the usual and customary legal and medical fees in connection with the birth of the child and the legal proceedings relative to adoption. Any court of competent jurisdiction, upon the filing of a verified bill for injunction by the State of Tennessee, on behalf of the State Department of Children’s Services or by an agency, or by any person aggrieved, may temporarily enjoin or restrain any person, corporation, or agency, from engaging or attempting to engage in placing children for adoption in violation or threatened violation, Part I., Chapter 1, of Title 36 of the T.C.A. relative to adoption, and upon final hearing, if the court determines that there has been a violation, or threatened violation, thereof, the injunction shall be made permanent.

History

• Authority: T.C.A. §§4-5-226(b)(2); 4-5-320; 36-1-134; 37-1-401 et seq., 37-1-601 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Amendment and new rule filed March 17, 1980; effective June 29, 1980. Repeal and new rule filed January 20, 1984, effective February 19, 1984. Amendment filed November 2, 1984, effective February 12, 1985. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.01 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.02 GENERAL REQUIREMENTS

(1)The issuance and continuation of a license shall depend upon adherence to these standards.

(2)Agencies conducting independent living programs which serve children under the age of 17 in a communitybased or off-campus setting shall be licensed as a child-placing agency.

(3)Family boarding homes and group care homes shall maintain confidentiality in accord with the ethics of the social work profession and the provisions of T.C.A.. §37-2-408. The agency shall act in the best interest of the client insofar as this does not violate the social responsibility of the agency for the protection of the community. All records must be maintained in a fire-resistant, locked file.

(4)All family board homes and group care homes must have written policies and procedures for reporting incidents of abuse or neglect of children in accordance with Tennessee State Law. These policies should clearly set forth the roles and responsibilities of all parties involved in both the reporting and investigative process.

(5)All family boarding homes and group care homes shall keep accurate statistical records which give the complete scope of the work of the agency.

(6)Reports shall be made to the Department as follows:

(a)Monthly and annual statistical reports shall be completed on forms provided by the Department.

(b)Change in the-facility’s location shall be reported-at or prior to time of change.

(c)Death, or life-threatening illness or injury to any child in care of the agency shall be reported immediately to the legal guardian ‘and the Department’s licensing division.

(d)Any known or suspected incidents related to brutality, abuse, neglect, or child sexual abuse shall be reported to the local office of the Department of Children’s Services and the Department’s licensing division.

(e)All major emergency situations must be reported as soon as possible.

(f)Chapter 1, Report on School Age Children ( 5 to 17, inclusive) in Foster Family Care, Supported by Public Funds.

(7)The annual application for licensure must be submitted to the Department and signed by the Chairman of the Board and/or the Executive Director of the Child Welfare Agency. The annual application for approval of a public agency must be submitted to the Department and signed by the Executive head of the agency,

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeat and new rule filed July 27,1978; effective September 11, 1978. Amendment and new rule filed January 20, 1984; effective February 19,1984. Amendment filed November 2, 1984; effective February 12, 1985. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.02 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.03 ORGANIZATION AND ADMINISTRATION

(1)LEGAL RESPONSIBILITY:

(a)The organization of every agency must be such that legal and administrative responsibility is clearly defined.

(b)In a non-profit incorporated agency, the administrative responsibility must be placed with the Board of Directors.

(2)CONSTITUTION AND BY-LAWS OF NON-PROFIT CORPORATIONS: The constitution and bylaws should be written in a manner which would encourage and facilitate progress and change to keep the function and philosophy of the organization in line with the best current theory and practice in child care.

(a)The incorporated agency must develop written by-laws which define policies and procedures pertaining to its organization and structure.

(b)The by-laws of the incorporated agency must include the following subjects: 1.Name; 2.Purpose, with a description of scope of operation; 3.Membership; 4.Powers and duties of Board of Directors; 5.Size of Board of Directors; 6.Method of selection, tenure, and rotation of Board members; 7.Method of election of officers of the Board; 8.Organization of Board and its committees, enumerating their respective responsibilities; 9.Method of calling Board meeting and annual meetings; 10.Frequency of meetings, quorum requirements, rules of order; 11.Fiscal year; 12.Responsibilities of the administrator as specified in Rule 0250-4-2-.05(2)(a), and his/her relationship to the Board; and 13.Method of amending the by-laws.

(3)COMPOSITION OF THE BOARDS OF NON-PROFIT CORPORATIONS:

(a)Every agency operating as a non-profit corporation must have a Board of Directors which operates as the governing body of the agency. The board should be broadly representative of the community. Employees may not serve as voting members of the board.

(b)Officers must be elected annually.

(c)There must be a minimum of quarterly meetings. In special circumstances, a meeting of the Executive Committee may substitute for a full board meeting.

(4)GENERAL RESPONSIBILITIES OF THE GOVERNING BODY OF A NON-PROFIT

INCORPORATED AGENCY:

(a)The board must set up the corporate or legal existence of the agency and give it continuity.

(b)The Board must select and appoint the executive director, and delegate responsibility to the executive for administering the agency. It must perform a written evaluation of the executive director on an annual basis. This evaluation must be included in the executive director’s personnel file.

(c)The Board must assure that adequate funds arc available for financing the agency’s operations, including adequate staff, proper working conditions, salaries, and facilities.

(d)The Board must govern the agency by policies and plans that it develops and approves, and that are formulated with the executive and staff.

(e)The Board must account for the service of the agency and the expenditure of funds. To be accountable, it must make provisions for proper bookkeeping including an annual audit and an annual budget. The Board must set the budget, study reports, ask questions, and stay informed regarding the agency’s financial activities and fields of service.

(f)The Board must not be involved in individual cases unless the Board member is a staff person whose job description authorizes such involvement.

(g)The Board must keep minutes of each meeting which shall be available to the Department’s licensing division.

(h)The Board must be organized and must function according to its constitution, by-laws, and charter.

(i)There shall be a plan for rotation of the governing board. Members shall serve no more than nine consecutive years.

(i)There shall be a plan for orientation of board members to the philosophy and operation of the agency.

(5)COMPOSITION AND GENERAL RESPONSIBILITIES OF THE GOVERNING BODY OF A

FORPROFIT INCORPORATED AGENCY:

(a)Every agency operating as a for-profit corporation must have a Board of Directors which operates as the governing body of the agency. The board must set up the corporate or legal existence of the agency and give it continuity.

(b)The Board must select and appoint the executive director or delegate responsibility to the executive for administering the agency.

(c)The Board must assure that adequate funds are available for financing the agency’s operations, including adequate staff, proper working conditions, salaries, and facilities.

(d)The Board must govern the agency by policies and plans that it develops and approves, and that are formulated with the executive staff.

(e)The Board must account for the services of the agency and stay informed regarding the agency’s field of service.

(f)The Board must be organized and must function according to its constitution, by-laws, and charter.

(g)The Board must keep minutes of each meeting.

(h)There shall be a plan for orientation of Board members and Advisory Board members to the philosophy and operation of the agency.

(6)GENERAL RESPONSIBILITIES OF THE ADVISORY BOARD:

(a)Every public agency, for-profit organization, and non-incorporated agency must have an Advisory Board.

(b)There shall be a plan for rotation of the Advisory Board. Members shall serve no more than nine (9) consecutive years.

(c)The Advisory Board of a facility shall keep written records clearly setting forth: 1.Name of agency; 2.Purpose of agency; 3.Membership; 4.Powers and duties of the advisory board; 5.Size; 6.Method of selection, tenure, and rotation of members; 7.Method of election of officers; 8.Organization of the Advisory Board and its committees, enumerating their respective responsibilities; 9.Responsibilities of the administrator and his/her relationship to the Advisory Board; 10.Method of calling meetings and annual meetings;. 11.Frequency of meetings, quorum requirement, and rules of order; 12.Fiscal year dates; and 13.Method of amending the by-laws.

(d)Duties of the Advisory Board. The Advisory Board of a facility shall: 1.Provide advice to the governing body; 2.Keep informed of the operational policies and practices of the facility and request continued orientation to the functions of the agency; 3.Periodically review aspects of the operation of the facility; 4.Meet as often as necessary, but not less than quarterly; and 5.Maintain records of attendance and minutes of meetings. These records and minutes shall be available to the Department.

(e)In public agencies and for-profit organizations. in the event of serious disagreement between the agency and Advisory Board, the Advisory Board shall report to the head of the governing unit legally respon sible for the agency; clearly outlining the nature of the disagreement and its recommendations.

(7)FINANCING:

(a)Solicitation of Funds: Agencies which engage in the solicitation of funds for charitable purposes mus comply with the Solicitation of Charitable Funds Act, T.C.A. §§ 48-3-501 et seq.

(b)Funds: 1.Income must be adequate and stable to ensure efficient and effective operation of the program to which the agency commits itself. 2.A statement must be submitted annually showing financial resources which will provide an adequate standard of service.

(c)Audit and Control: 1.Accounts of non-profit and public agencies must be audited annually by a certified public ac- countant or licensed public accountant consistent with accepted accounting principles. A copy of the audit is to be provided to the Department and must contain an opinion. Qualification to the opinion must be reviewed by the Board and this review must be recorded in the minutes 2.The administrator and others handling the agency’s funds must be bonded. Premiums for the bonds must be paid by the organization unless otherwise provided by law or ordinance.

(d)If the Agency does not maintain liability insurance covering the premises and the operations, the parent(s) or other legal custodian of all children in care must be advised of the fact, in writing, either at the time of enrollment of the child, at the time an effective policy ceases to be effective, or on the effective date of these rules, whichever comes first. If, on the basis of such notification, the legal custodian desires to remove the child(ren) from the Agency, he/she must be allowed to do so, notwithstanding any prior agreement to the contrary. Any prepaid charges must be refunded on a prorated basis.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Repeal and new rule filed January 20, 1984; effective February 19, 1984. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.03 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.04 PERSONNEL POLICIES

(1)The Board of Directors or the governing body in cooperation with the administrator, shall establish written personnel policies. These policies shall include:

(a)A job description for each position in the agency covering the position’s responsibilities, academic qualifications, and required level of experience;

(b)Annual salaries and performance review requirements;

(c)Physical examination policy, which must include a required physical examination and tuberculin test for all employees having regular contact with children, and the examination must be no older than six months prior to hire date;

(d)Raining activity requirements and method of documentation that employees have met these requirements;

(e)A defined work week and hours to be worked per week;

(f)Vacation policy that clearly defines amount of time allowed and payment plan;

(g)Sick leave policy;

(h)Policies regarding Social Security, insurance, retirement plans, and other fringe benefits;

(i)Agency grievance procedure;

(j)Grounds for dismissal; and (k) Leisure time provision. 1.Each staff member must have a minimum of six (6) days off a month or its equivalent. 2.Leisure time provision must include a plan for continuity of supervision when other staff are on leisure time.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Repeal and new rule filed January 20, 1984; effective February 19, 1984. Repeal and new rule filed February 26, 1991; effective April 12, 1991. . Rule assigned new control number, removed and renumbered from 1240-4-2-.04 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.05 STAFF

(1)GENERAL QUALIFICATIONS.

(a)Agency employees shall be persons of good character. They shall possess the health, emotional stability, and ability necessary to carry our their assigned duties.

(b)An agency shall obtain references attesting to the character, integrity, and ability to perform tasks required for the position.

(c)A report of a physical examination completed within no more than six (6) months prior to hire date -shall be on file for all employees in regular contact with residents. The resident children of staff shall also have on file an initial medical statement of good health or physical exam.

(d)The tuberculin skin test is recommended for initial screening and should be done within ninety (90) days prior to employment. Prospective employees who are known to have a positive tuberculin test shall receive a chest x-ray and, if necessary, other tests within ninety (90) days of employment. If infectious tuberculosis is ruled out, no future certification is required during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(e)Screening; exclusions for certain crimes. 1.Reserved. 2.Any person (1) associated in providing care or ancillary services in any manner within a child welfare program, (2) who is a family member or other person residing in the agency, or (3) is a person with unrestricted access to children in the agency as determined by the Department of Children’s Services, who is identified to the agency based on an investigation of child abuse or child sexual abuse by the Department of Children’s Services as a validated or indicated perpetrator of such abuse of a child or who is currently charged with, has been convicted of, or pled guilty in any manner to a crime involving a child or who has pled guilty to any lesser offense derived from an original offense involving a child, shall not be employed or work as a caregiver or have access to or contact with children within the program operated by a child welfare agency. An employee or volunteer who has been identified by the Department as having neglected a child based on an investigation conducted by the Department pursuant to a report of harm, and who has not been criminally charged or convicted or pled guilty as stated above, shall be supervised by another adult while providing care for children. 3.A person who is currently charged with, has been convicted, or has pled guilty in any manner to a crime of violence against another person or has pled guilty to any lesser offense derived from a crime of violence against another person, or any offense involving the manufacture, sale, distribution. or possession of any drug shall not work as a caregiver or have any contact or access to children within the program operated by a child welfare agency.

(f)Within two (2) weeks of being on the job, each employee must receive orientation and instructions related specifically to child abuse detection, reporting, and prevention. This training must be documented in the employees personnel file.

(2)SPECIFIC QUALIFICATIONS FOR STAFF:

(a)The Administrator: 1.The administrator must be selected by the Governing Body and be accountable to the Governing Body for satisfactory performance of duties. 2.The administrator must be a graduate of an accredited four (4) year college or university preferably from the field of education, medicine, nursing, social work, religious service, or some allied profession, or must have a minimum of five (5) years administrative experience. 3.Any administrator who does not meet this requirement holding this position prior to the effective date of these standards, is permitted to remain in this position. An administrator employed following the effective date of these standards must meet these requirements. 4.The administrator must be responsible for, either directly or through delegation:

(i)Attending Board meetings and participating in all planning for the Agency;

(ii)Assuring that the agency keeps accurate statistical reports that give the complete scope of the work of the Agency;

(iii)Assuring that monthly and annual reports on forms furnished by the Tennessee Department of Children’s Services are submitted, as well as any special reports that may be required from time-to-time;

(iv)Preparing the agency’s budget in cooperation with the Board and operating the agency within the budget approved by the Board;

(v)Selecting, employing, training, and discharging (when necessary), all staff and supervising the daily management of the agency;

(vi)Communicating to and orienting the Board concerning information on the operation of the agency, unmet needs, and modern methods regarding child care services;

(vii)Implementing the policies of the Board and bringing to the Board’s attention areas which require modification or change, and interpreting the agency’s program to the community and giving professional leadership to the Board in doing this job;

(viii)Maintaining adequate records on the administrative and fiscal operating of the agency; and (ix)The administrator must hold staff meetings at regular intervals and discuss plans and policies with his/her staff.

(b)The Caseworker. 1.The agency is required to have a qualified case worker as a member of its staff or casework services can be provided by entering into written agreements and/or contracts with qualified individuals, and/or public or private agencies qualified to provide such services; 2.The caseworker must be a graduate of an accredited four (4) year college or university with a major in social work or a related field; 3.The administrator may serve as a caseworker providing that he/she meets the same qualifications as caseworker; and 4.It is the responsibility of the caseworker to carry out the responsibilites set forth in the Casework Services section.

(c)Child Care Staff: 1.All child-care staff must be responsible persons possessing the skills necessary to cope with problems and live amicably as a family group. The capacity of child-care staff to provide care must be evaluated on an annual basis. All persons living in the residence are to be evaluated annually. 2.Child-care staff must have the character and personality suited to provide care to children. They must be able to accept and respect each child as an individual, demonstrate care and concern, provide a stable family-like atmosphere, have knowledge and understanding of child care, and have the ability to learn and grow on the job. 3.Child-care staff must be at least eighteen (18) years of age, They must hold a high school degree or its equivalent. Any child-care worker who does not meet this requirement prior to the effective date of these standards is permitted to remain in this position. Any child-care worker hired following the effective date of these standards must meet this requirement or have a specific plan of action to meet it.

(d)Non-employed adult residents of the agency must meet the requirements for volunteers.

(e)Volunteers: 1.For purposes of these standards, a volunteer shall be considered to be any person providing assistance to the agency without remittance, who has direct and ongoing contact with the residents. 2.If any volunteers are used, a process of application and screening shall be established in the agency to ensure that volunteers are of such character and competence as to meet the agency’s needs. 3.All requirements of 0250-4-2-.05(l)(c) are applicable to volunteers. 4.A program of ongoing training and orientation to the philosophies and practice of the agency shall be provided each volunteer within the agency. Within two (2) weeks of being admitted to the agency’s program as a volunteer, the new volunteer must receive orientation and instructions related specifically to child abuse detection, reporting, and prevention. This training must be documented in the individual’s file. 5.Adequate supervision of volunteers shall be provided by paid staff. 6.An individual file including the application to participate as a volunteer, the results of the screening process, and letters of reference shall be maintained by the agency on each volunteer.

(3)STAFF DEVELOPMENT:

(a)Agencies must provide new staff with an orientation program that thoroughly acquaints the new employee with agency philosophy, policies, and procedures specifically including confidentiality procedures. This program must be under the supervision of qualified staff and appropriate to the position being assumed by the new employee.

(b)A program of related training must be developed which requires of all child-care staff a minimum of twelve (12) hours training annually. Attendance at conferences and workshops may be included as part of the twelve (12) hours minimum requirement.

(4)STAFF RECORDS:

(a)Records on all staff members and information on applicants for jobs must be kept in a locked rile at the agency. They must include: an application, transcript of required college degree, proof of completion of high school, reports from three (3) references, one of whom must be a former employer, a physical examination, when required, including tuberculin test, a record of participation in orientation and training activities, a record of positions held by the person during employment at the agency, record of leave, date and reason for termination.

(b)In addition to the above, copies of an annual evaluation of the quality of work done by the person while in the agency must be kept in his personnel record. These evaluations must be prepared by the administrator, assistant to the administrator, or the person directly responsible for the super-vision of the employee. If not conducted by the administrator, it must be approved by the administrator or administrative staff.

(c)Staff shall have access to their personnel records as afforded to them by law.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-1-401 et seq., 37-1-601 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5- 112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Repeal and new rule filed January 20, 1984; effective February 19, 1984. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned new control number, removed and renumbered from 1240-4-2-.05 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.06 SERVICE PROVISION

(1)METHOD OF PROVIDING SERVICE:

(a)Children must not be accepted into group care before it is clearly established that their own families, with help, cannot meet their needs.

(b)The facility must not admit any children in excess of its licensed capacity. (Refer to 0250-4-2- .11 Emergency Shelter Care, for exception.)

(2)ADMISSION AND DISCHARGE POLICIES AND PROCEDURES: The agency must have written policy and procedures for admission and discharge which must be available to all appropriate parties involved with the child.

(a)Admission. Admission criteria must include the following: 1.A description of the population served, defined needs of this population, and a description of agency services related to these needs; 2.A positional statement, when appropriate, that surrender for adoption is not a criteria for admission; 3.A defined preadmission summary which must require a written evaluation addressing the appropriateness of resident needs to agency services; and (4)A description of agreed upon preplacement procedures which must include preplacement visits when feasible.

(b)Discharge. Discharge policy must set forth the legal requirement that a custody transfer may only be made through court action after proper investigation by a designated agency. Discharge criteria must include: 1.A description of conditions under which a resident may be discharged; 2.A description of procedures for preparing a child for discharge to include designated time frames; 3.A documented discharge plan which addresses the resident’s continuing needs and planned servaices to meet these needs; and (Refer to 0250-4-2-.11 Emergency Shelter Care For Exception.) 4.Provision for a written agreement assuming responsibility for the child to be signed by the resident’s legal custodian.

(3)CASEWORK SERVICES:

(a)There must be at least one (1) hour per week of casework services for each child in care.

(b)Casework services must be provided by a graduate of an accredited four (4) year college or university with a major in social work or a related degree, (c)Casework services must include, but are not limited to: 1.A written intake/preevaluation study focused on determining whether group care is appropriate for a particular child. (Refer to 0250-4-2-.11 Emergency Shelter Care for Exception.) 2.Preparation of the child and his family or prior placing agency for admission to include preplacement visits when feasible. (Refer to 0250-4-2-.11 Emergency Shelter Care for Exception.) 3.An individual plan of care setting forth the agency services to be provided each resident, the rationale for this service, and documentation of the service as it is provided. (Refer to

Tenn. Comp. R. & Regs. 0250-04-02-.11 REQUIREMENTS FOR EMERGENCY SHELTER CARE

The general requirements which pertain to the care of children prescribed under the other sections of these standards shall be met with the following exceptions:

(1)0250-4-2-.06(i)(b). It is allowable for an emergency shelter to exceed its licensed capacity in an emergency situation when a resident seeks admission during those hours when traditional social agencies are not in operation and the agency can provide sanctuary while plans are made to reduce the number of children within the agency maximum. In these cases, the emergency provision shall not allow for exceeding the maximum capacity of the agency by greater than 25% of its licensed capacity for no more than seven days of the month. It is essential in all cases that adequate sleeping facilities be provided for all children in the agency.

(2)0250-4-2-.06(2)(b)3. A documented discharge plan is not required for residents of emergency shelters.

(3)0250-4-2-.06(3)(c))L A written intake/preevaluation study focused on determining whether group care is appropriate for a particular child is not required for children admitted to emergency shelter care.

(4)0250-4-2-.06(3)(c)2. Preparation of the child and family or prior placing agency for admission to include preplacement visits is not required for children admitted to emergency shelter care.

(5)0250-4-2-.06(3)(c)3. An individual plan of care setting forth the agency services to be provided each resident, the rationale for this service, and documentation of the service as it is provided is not required for children in emergency shelter care.

(6)0250-4-2-.06(3)(c)4. Periodic evaluation of the family situation is not required of families of children in emergency shelter care.

(7)0250-4-2-.06(3)(c)7. Roles and responsibilities of all involved parties are not required to be set forth nor is an explanation of procedures for termination of parental rights required upon emergency placement; however, if placement exceeds 30 days, provisions of the Foster Care Review Law T.C.A. §37-2-401 et seq.) must be met. (Refer to Appendix E.)

(8)0250-4-2-.07(7)(I)(ii).Immunization records are not required to be on file for children in emergency shelter care.

(9)0250-4-2-.07(9)(e). Menus are not required to be prepared in advance or kept on file for one month in emergency shelters.

(10)0250-4-2-.10(a). Identifying information must be obtained as soon as possible if a child is admitted on an emergency basis.

(11)0250-4-2-.10(c)], 2, and 3. Immunization record, written permission for staff to obtain emergency medical care, and information regarding coverage for medical expenses may be waived for emergency shelters.

(12)0250-4-2-.10(f). Documentation of school records may be waived in emergency shelter care.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-2-401 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule filed January 20, 1984; effective February 19, 1984. Repeal and new rule filed February 26, 1991, ffective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.11 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.07 CARE OF THE CHILDREN

(1)STAFF-CHILD RATIO:

(a)In determining the ratio of staff to children, the professional, relief, auxiliary, and clerical staff may be included while on the premises.

(b)There must be no more than twelve (12) children in a group care home who are not related to the provider.

(c)A group care home caring for nine (9) or more children, including the providers own children, must have at least two (2) child-care workers on duty when children are present and awake. If any child is under three (3), or severely handicapped, and nine (9) or more children are present, an additional child-care worker is required.

(d)With three (3) infants under two (2) years of age in care and other children present, there must be an additional adult on duty.

(e)If group care home enrollment drops to six (6) children or below, the family boarding home ratio must be met.

(2)NUMBER AND AGES OF CHILDREN IN CARE (FAMILY BOARDING HOMES ONLY):

(a)With three infants (under two years of age) in care, there must not be other children in the home unless a second adult is on duty when children are present and awake.

(b)There must be no more than six (6) children in a family boarding home who are not related to the provider.

(c)If more than nine (9) children are in the home, including the child-care provider’s own children, a second adult must be present.

(3)DISCIPLINE: Agencies shall develop general Discipline Policy which identifies the type of children served, describes the anticipated behavioral problems of this population, sets forth acceptable methods of dealing with these behaviors, and details-the required qualifications and training of staff working with the residents. All consequences of undesirable behavior shall be reasonable and consistent with the service plan for the resident.

(a)All discipline must be reasonable and responsibly related to the child’s understanding, need, and level of behavior. All discipline shall be limited to the least restrictive appropriate method and administered by appropriately trained staff.

(b)Encouragement and praise of good behavior is often more effective than punishment, and is a must in disciplining a child. The child’s acceptance of discipline and his/her ability to profit by it depends largely upon his/her feeling that he/she is liked, accepted, and respected.

(c)Any discipline must be determined on an Individual basis and be related to the undesirable behavior. Requiring children to accept the natural consequences of their acts may be a desirable experience provided consequences am not too drastic.

(d) The facility shall have written policies and procedures prohibiting (e) punishment which may adversely affect a child’s health, physical, or psychological well being.

A copy must be given to residents, families. staff, and placing agencies. The following forms of punishment must not be used; 1.Cruel and unusual punishment; 2.Assignment of excessive or inappropriate work; 3.Denial of meals, daily needs, and program provided by the individual service plan; 4.Verbal abuse, ridicule, or humiliation; 5.Permitting a child to punish another child; 6.Chemical or mechanical restraints; 7.Denial of planned visits, telephone calls, or mail contacts with family; or 8.Corporal punishment.

(4)PHYSICAL CONTROL AND ISOLATION:

(a)All agencies using physical control techniques must have written policies defining the method of control, identifying persons used in implementing these methods. and establishing the training required for such persons. These policies must require: 1.Use of two (2) fully qualified staff- 2.Immediate notice to supervisor; 3.A written report to the administrator; and 4.A review process for use of the facility’s Executive Committee which must also be available to licensing staff.

(b)If isolation from others in a time-out room is used as a control measure, written policies must set forth the parameters of this measure. The facility must keep a record of each incident, provide for direct supervision every fifteen (15) minutes, and limit the time to a maximum of thirty (30) minutes for children seven (7) to eleven (11) years of age and a maximum of one (1) hour for children over twelve (12) years of age. Any additional times required shall be approved by the executive director, but in no event shall it exceed two (2) hours. Time-out rooms must not be locked.

(5)ABUSE OF CHILDREN.

(a)All public and private agencies must have written policy which establishes internal controls for the prevention and detection of abuse or neglect of children.

(b)The Agency must have an instructional program in child sexual abuse prevention for all residents. The curriculum must include information on such pertinent subjects as: personal ownership of the child’s body, inappropriate touching, and how to report abuse within the agency. Appropriate treatment must be provided for those who have been victims of sexual abuse. Such treatment must be provided either by the qualified person within the Agency, or by a person outside the Agency qualified to provide such treatment.

(c)All public and private agencies must have Department approved written policies and procedures for reporting incidents of abuse or neglect of children. These policies should clearly set forth the roles and responsibilities of all parties involved in both the reporting and investigative process.

(6)REPORTING OF BRUTALITY, ABUSE, NEGLECT, OR CHILD SEXUAL ABUSE:

(a)Any person, including but not limited to any: 1.Physician, osteopath, medical examiner, chiropractor, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons; 2.Health or mental health professional other than one listed in subdivision (a)(1); 3.Practitioner who relies solely on spiritual means for heating; 4.School teacher or other school official or personnel; 5.Judges of all courts of the state; 6.Social worker, day care center worker, or other professional child care, foster care, residential,or institutional worker; 7.Law enforcement officer; or 8.Neighbor, relative, friend, or any other person who knows or has reasonable cause to suspect, that a child has been sexually abused or having knowledge of or called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition which is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect, or which on the basis of available information reasonably appears to have been caused by brutality, abuse or neglect, shall report such harm immediately by telephone or otherwise to the judge having juvenile jurisdiction or to the county office of the Department of Children’s Services, or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides. Any person, including judges of all courts of this state, who knows or has reasonable cause to suspect that a child has been sexually abused shall report such information in accordance with Public Acts of 1985, Chapter 478, relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse.

(b)If a hospital, clinic, school, or any other organization responsible for the care of children has a specific procedure approved by the director of the county office of the Department, for the protection of children who are victims of brutality, abuse, or neglect, any members of its staff whose duty to report under the preceding sentence arises from the performance of his services as a member of the staff of the organization may, at his option, fulfill that duty by reporting instead to the person in charge of the organization or his designee who shall make the report in accordance with the preceding sentence.

(c)The report shall include, to the extent known by the reporter, the name, address, and age of the child, the name and address of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information.

(d)If a law enforcement official or judge becomes aware of known or suspected child abuse through personal knowledge, receipt of a report or otherwise, such information shall be reported to the Department immediately, and where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or Department to the maximum extent possible.

(e)Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report his suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his findings, in writing, to the local law enforcement agency, the appropriate district attorney, and the Department Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in T.C.A. §37-1-409.

(f)Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to the Public Acts of 1985,

Chapter 478 relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with the provisions of T.C.A. §37-1-606.

(g)Every physician or other person who makes a diagnosis of, or treats, or prescribes for any venereal disease set out in T.C.A. §68-10-101, or venereal herpes and chlamydia, in children thirteen (13) years or younger, and every superintendent or manager of a clinic, dispensary, charitable, or penal institution, in which there is a case of any of the diseases, as set out in this subsection, in children thirteen (13) years of age or younger shall report the case immediately, in writing on a form supplied by the Department of Health and Environment to that Department. If the reported cases arc confirmed and if sexual abuse is suspected, the Department of Health and Environment will report the case to the Department of Children’s Services. The Department of Children’s Services will be responsible for any necessary followup.

(7)VIOLATIONS PENALTIES:

(a)Any person required to report known or suspected child sexual abuse who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor.

(b)Any person who knowingly and willfully makes public or discloses any confidential information contained in the abuse registry or in the records of any child sexual abuse case, except as provided in the “Public Acts of 1985”, Chapter 478, Section 16, is guilty of a misdemeanor.

(c)Failure to make the reports concerning child abuse as required shall, standing alone, be grounds for denial or revocation of the agency’s license.

(8)EXPLOITATION: An agency shall not engage in practices which exploit the rights of residents.

Residents shall not be identified in connection with fund raising activities for the agency. Residents shall not be identified in connection with publicity for the agency unless a positive value accrues for the child.

(9)HEALTH:

(a)An agency shall provide a complete health program for the children including: 1.Screening for Admission:

(i)The agency shall obtain a report of a physical examination for each child. The examination shall be completed no more than six (6) months prior to placement and no later than two (2) weeks after placement.

(ii)The following immunizations (unless there is a medical reason to the contrary, certified by the child’s physician) shall be begun before admission and must be completed within six (6) months; Diptheria, Whooping Cough (for children under seven (7) years of age), Tetanus, Polio, Measles, Rubella, Mumps, and others recommended by the physician.

(iii)The home must have a written record of the above information. (Refer to Emergency Shelter Care for Exception.) 2.Ongoing Medical Care (i)Every child over three (3) years of age shall have a dental examination every year and treatment as indicated.

(ii)Children in an agency’s care shall be given physical examinations at the following intervals.

(I)Birth to six (6) months every six (6) weeks;

(II)Six (6) months to one (1) year every three (3) months;

(III)One (1) year to six (6) years every twelve (12) months; and (IV)Six (6) years and above every three (3) years.

(iii)Children shall receive treatment from a physician when the need is indicated; and (iv)Children shall receive psychiatric or psychological services when a need is indicated. 3.Illness.

(i)Doctor’s orders must be observed during the course of an illness; and (ii)Regulation of visits, sanitation of dishes and utensils, and good personal hygiene must be observed as the nature of the illness warrants. 4.Medications:

(i)All medications, including over the counter drugs, attitude manipulators, tranquilizers, legend pain killers, barbiturates, or amphetamines must be safeguarded by a double-entry medication system whereby each medication is recorded as it comes into the agency. Administration of all medications must be documented.

(ii) Medications must be double-locked within the agency. Any refrigerated medication should be kept in a single locked leak proof box.

(iii)The agency must not have psychotrophic drugs as stock items. Such drugs must be individually prescribed and kept in the original containers with the name of the patient, drug, dosage, frequency of administration and prescription number unless filled directly by the physician.

(iv)Other prescribed medication may not be administered without a specific order or standing order from a licensed physician. 5.First aid supplies must be kept on-hand but secured out of reach of children.

(10)EDUCATION AND RELIGION:

(a)All children in residence must be in compliance with Tennessee State law on compulsory school attendance (b)Certain handicapped children may require specialized training suitable to their needs. If so, this must be provided.

(c)If it is not possible or a part of the agency’s program for the children to attend public school, the school within the institution must conform both as to program and physical set-up with standards set by the Tennessee Department of Education. This also applies to special education classes or remedial work provided by the home.

(d)The atmosphere prevailing in the home must be such as to foster the spiritual growth of the child in his daily living.

(11)NUTRITION:

(a)Food of adequate quality and quantity must be served and meet the child’s daily dietary allowances as recommended by USDA.

(b)Three (3) meals and snacks must be provided daily with no more than a fourteen (14) hour span between a substantial evening meal and breakfast of the following day.

(c)All special diets must be prepared as prescribed by the physician or recommended by a dietician.

(d)Denial of a nutritionally adequate diet must not be used as punishment.

(e)Menus: 1.Menus for the week must be prepared in advance. These menus must be followed and must be varied from week-to-week. (Refer to 0250-4-2-.11 Emergency Shelter Care for Exception.) 2.Menus must be kept on rile for a period of one (1) month. (Refer to 0250-4-2 11 Emergency Shelter Care for Exception.)

(f)Agencies not monitored by USDA must seek annual consultation with a licensed nutritionist.

(12)RECREATION: Regular opportunities for recreation must be provided.

(a)Outdoor activity areas must be safe (b)Appropriate recreational materials and supplies must be provided.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-1-401 et seq., 37-1-601 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5- 112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Repeal and new rule filed January 20, 1984; effective February 19, 1984. Repeal and new rule filed February 26, 1991, effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.07 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.08 PARENTAL INVOLVEMENT IN CARE

(1)UNDERSTANDING THE PARENTS:

(a)Children’s feelings for their own family must be respected regardless of their heritage or the unsuitability of the surroundings in which they may have lived.

(b)Staff must try to strengthen the child’s ties with his/her family when appropriate, recognizing that it is very difficult for the child to be away from his/her parents and for parents to be separated from their child.

(c)Discussion and planning sessions must include children, parents, and other appropriate parties when it is feasible (2)THE ROLE OF THE PARENT IN PREPARATION:

(a)When placement plans are being made for a child’s arrangements must, when possible, be worked out so the child is brought to the child-care facility once or twice to become acquainted before he/she is left for the first time. (Refer to 0250-4-2-.11 Emergency Shelter Care for Exception.)

(b)A legal transfer of custody can only be made through court action after proper investigation by a designated agency.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Repeal and new rule filed January 20, 1984; effective February 19,1984. Amendment filed November 2, 1984; effective February 12,1985. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.08 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.09 PHYSICAL FACILITIES

(1)All group care facilities shall be constructed according to standards approved by the Tennessee Department of Health and Environment and the Fire Safety Division of the Tennessee Department of Commerce and Insurance, including provisions of the current Life Safety Code applicable to the homes regulated hereunder.

(2)All group care homes shall be inspected and approved annually by the designated Fire Safety

Authority and by representatives from the Tennessee Department of Health and Environment. (Refer to Appendices A and B.) The Agency must be in compliance with the applicable regulations and standards of these authorities including the current Life Safety Code applicable to the homes regulated hereunder in order to obtain or retain a license.

(3)All family boarding homes shall meet the standards set forth in Appendix A, C, and D.

(4)The licensing consultant shall inspect the Family Boarding Homes using Appendix A, C and D.

(5)There must be a family-type setting and living arrangements which enhance family living.

(a)Living Room: There must be a living room or den for each group of children.

(b)Sleeping Provisions: 1.Each child must have a separate bed of suitable size; 2.Children of opposite sex over the age of five (5) must not sleep in the same room; 3.Children must not sleep in the same room with adults. Exceptions may be desirable on infrequent occasions and for short periods of time in case of illness or temporary emotional upset. 4.Sixty-five (65) square feet of floor space in the sleeping area must be available for the first child and 50 square feet must be available for each additional child; and 5.There shall be no more than four children per sleeping room.

(c)Kitchen: 1.The kitchen must be equipped to ensure sanitary conditions; 2.There must be a satisfactory method of refrigeration; 3.There must be enough dishes and silverware to serve the household, suitable to a child’s use and similar to an adults; 4.Cooking and eating utensils must be kept in storage space which is protected from dust, insects, and other pests; 5.Space that is secure and well out of the reach of children must be provided for storage of all bleaches, corrosives, poisons, or any chemicals that have a manufacturer’s warning; and 6.There must be enough tables and chairs to provide accommodations without crowding and they must be kept clean.

(d)Sanitary Facilities: 1.One flush toilet, one handwashing facility, and one shower or tub for every four children must be provided in the home; 2.There must be adequate and sanitary sewage disposal; 3.The water supply must be obtained from a source or system approved by the Tennessee Department of Health and Environment; 4.All garbage must be placed in a tightly covered container and disposed of in a sanitary manner; 5.Individual towels and washcloths must be provided for each child and provision must be made to keep all toilet articles separate; and 6.All children’s equipment must be kept clean.

(6)SAFETY REQUIREMENTS:

(a)Measures must be taken to remove hazards and to prevent accidents.

(b)Children with physical and emotional handicaps must be protected through appropriate and specific measures.

(c)There must be adequate smoke detectors and fire extinguishers to ensure fire safety.

(d)Each home must have posted, in a visible and accessible location, a written plan for evacuation.

(e)Children must be trained in emergency evacuation procedures.

(f)Emergency telephone numbers must be immediately accessible to the telephone.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 27, 1978; effective September 11, 1978. Repeal and new rule filed January 20, 1984; February 19, 1984. Repeal and new rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.09 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.10 RECORDS AND REPORTS

(1)RECORDS: For the protection of the agency staff and the children under care, the following records must be kept, and should be revised frequently to keep them up-to-date. Although another agency may have complete records on the children, information must be kept on file for emergency purposes. Only agency authorized persons may have access to case records. Case records must include:

(a)Identifying Information (Refer to 0250-4-2-.11 Shelter Care for Exception.): 1.Name of each child, date, and place of birth; 2.Full name, home address(es), telephone number(s), work address(es), and work telephone number(s) of parents; 3.Name, address, and telephone number of a competent adult who can assist in an emergency,e.g., next of kin, other relative, DHS, etc.; and 4.Name, address, and telephone number of a physician to use in case of an emergency.

(b)Intake/Preadmission Study (Refer to 0250-4-2-.11 Emergency Shelter Care for Exception.)

(c)Health Information must include: (Refer to 0250-4-2-.11 Emergency Shelter Care for Exceptions.) 1.A report of each child’s initial physical examination, current immunization record, and record of ongoing care received while in the home; 2.Written permission for the agency staff to obtain emergency medical care must be signed by the person legally responsible for the child; and 3.Information regarding coverage for medical expenses, e.g., insurance, Medicaid, etc.

(d)Foster Care Plan and Foster Care Review Records: There must be a written plan for each child in care and records of appropriate foster care reports and administrative and judicial reviews as mandated by T.C.A. §37-2-401 et seq. (Refer to Appendix E and 0250-4-2-.11 Emergency Shelter Care for Exception). All out-of-state children are subject to the planning and review requirement of the law. The court of jurisdiction will be the court of the county in which the child is placed. Confidentiality of all foster care records shall be maintained and release of records shall be only to those persons with a legitimate purpose related to provision of services to the child.

(e)Length of Stay: There must be information about the length of a child’s stay in the group home and his/her release from care.

(f)School Records: There must be documentation of school involvement for the time the child is in the care of the agency. (Refer to 0250-4-2-.11 Emergency Shelter Care for Exception.)

(g)Narrative recording, dated and signed by the appropriate worker, indicating significant activity on the case.

(h)Relevant legal documents and correspondence.

(i)Individual plan of care setting forth the agency services to be provided each resident, the rationale for this service, and documentation of the service as it is provided. (Refer to 0250-4- 2-.11 Emergency Shelter Care for Exception.)

(j)Documentation of provision of child sexual abuse education to the child.

(k)Documented discharge plan and discharge statement. (Refer to 0250-4-2-.11 Emergency Shelter Care for Exception.)

(2)AVAILABILITY OF RECORDS:

(a)All required records must be available upon request to any authorized agency of the Department.

(b)The records must be stored in a locked, fire-resistant file and must be handled confidentially.

(3)RETENTION OF RECORDS:

(a)Agencies must keep resident records for a minimum of five (5) years after the discharge date.

(b)Certain basic identifying information must be kept indefinitely.

(c)The agency shall make arrangements for each child to accumulate appropriate meaningful materials such as photographs, clippings, artwork, and/or school work which provide the child with tangible evidence of his/her foster care experience. This material shall be made available to the resident at the time of his/her release.

(4)POSTING OF LICENSE: A license to operate a group care or family boarding home must be posted.

No child-care facility may give care at any one time to more children than the number specified on the license, except in emergency situations, as provided in Rule 0250-4-2-11(1).

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-1-401 et seq., 37-1-601 et seq., 37-2-401 et seq., 37-5-101; 37-5-105; 37- 5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule filed January 20, 1984; effective February 19, 1984. Repeal and new rule filed February 26, 1991, effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.10 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-02-.12 APPENDICES

APPENDIX A

FIRE AND LIFE SAFETY REQUIREMENTS

Group Care Homes AND Family Boarding Homes Group care homes, which can serve up to twelve (12) children, require the annual inspection and approval of the State Fire Marshal’s office. A representative of his office will inspect group homes at the request of the Tennessee Department of Children’s Services Licensing Unit.

The State Fire Marshal’s office has representatives that serve all areas of the state. His office has also delegated specific local fire departments as qualified to make these inspections. The licensing unit is kept aware of the approved list, and will also request the inspections from these approved local fire departments.

Family boarding homes, which serve up to six (6) children, do not require an annual inspection from the State Fire Marshal’s office, or from an approved local fire department inspector. A check list has been developed by the Fire Marshal’s office that is used annually by the licensing consultants in determining the fire safety of these small facilities.

Group care homes will be inspected under the current Life Safety Code 101, Chapter 21, Residential Board and Care Occupancies, and Chapter 20, Lodging or Rooming Houses, or as it may be amended for facilities housing groups capable of prompt evacuation as indicated in 21-2.2.2.1.

APPENDIX B

ENVIRONMENTAL STANDARDS FOR CHILD CARE HOMES

(1)FOOD SANITATION.

Food Service under a child-caring facility shall be considered a single food service operation whether operated as a central dining facility or in multiple units of that facility.

Facilities shall comply with state and local food service codes or regulations where applicable; otherwise the following standards shall be met for food sanitation:

(a)All food shall be from sources approved or considered satisfactory by the health authority. The use of hermetically sealed containers (home canned food) is prohibited.

(b)All milk and fluid milk products including dry milk and dry milk products shall be from a Grade A pasteurized source.

(c)Raw fruits and vegetables shall be washed before being cooked or served.

(d)Poultry, poultry stuffings, stuffed meats, and stuffings containing meat shall be cooked to heat all parts of the food to at least 165 Fahrenheit with no interruption of the cooking process.

Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 Fahrenheit.

(e)If a family style feeding process is used at a facility, all left-over food from the eating table shall be discarded. Milk and food used in family style feeding shall not be placed on the dining table longer than 15 minutes prior to beginning of the meal. Food intended for family style feeding that has not been placed on the dining table and maintained at acceptable temperatures may be used at another meal, provided it is covered, refrigerated properly, reheated properly, and used promptly.

(f)Potentially hazardous foods requiring cold storage shall be maintained at 45 Fahrenheit or above. Frozen foods shall be maintained at a temperature of 10’ Fahrenheit or below.

Thermometers are required in all freezers and all other cold storage equipment.

(g)Milk and other potentially hazardous foods shall be kept in the proper temperature ranges, and be protected properly, except during necessary periods of preparation.

(h) All foods, including dry foods, shall be stored in a manner to prevent possible contamination, and permit easy clearing of the storage area. Containers of food shall be stored a minimum of six (6) inches above the floor or on movable dollies.

(i) All food shall be protected from contamination during storage, preparation, transportation, and serving.

(j)No poisonous or toxic materials except those required to maintain sanitary conditions and for sanitization purposes may be used in the food service operation. Poisonous and toxic materials shall be identified, stored, and used only in such manner and under such conditions as will not contaminate food or constitute a hazard to population of a facility.

(k)All equipment and utensils shall be so designed and constructed of such material and workmanship as to be smooth, easily cleanable, and durable. Equipment and utensils shall be in good repair.

(1)The food-contact surfaces of equipment and utensils shall be easily accessible for cleaning and be of non-toxic, corrosion resistant, and non-absorbent materials.

(m)All equipment shall be installed and maintained to facilitate the cleaning thereof and of all adjacent areas.

(Rule 0250-4-2-.12, Appendix B, continued)

(n)All eating and drinking utensils shall be thoroughly cleaned and sanitized after each use with the exception of single service utensils which shall be discarded following use.

(o)Single-service articles shall be made from non-toxic materials and shall be stored, handled, and dispensed in a sanitary manner.

(p)All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food-storage utensils, shall be thoroughly cleaned and sanitized after each use.

(q)Cooking surfaces of equipment shall be cleaned at least once a day.

(r)All utensils and food-contact surfaces of equipment used in the preparation, transportation, service, display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized after each use.

(s)Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of material and in such repair as to be easily maintained in a clean and sanitary condition.

(t)All food-contact surfaces of equipment and utensils shall be stored and handled by methods that protect them from contamination by splash, dust, and other means.

(u)In facilities defined by the Department of Children’s Services as existing, a two-compartment sink can be used for washing and rinsing utensils, provided an additional container or sink be used for sanitization of the utensils. For facilities defined by the Department of Children’s Services as new, a threecompartment sink is required when manual dishwashing procedures arc utilized for washing, rinsing, and sanitization of utensils.

Domestic type dishwashing machines are acceptable provided the temperature at the utensil surface be 160’ Fahrenheit after the end of one complete cycle. If Fahrenheit is not obtained at the end of one complete cycle, an additional rinse of utensils shall be provided in a separate container or sink.

Facilities which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.

(2)WATER SUPPLY.

(a)The drinking water supply serving child-care facilities shall be from a source approved by the health authority having jurisdiction.

(b)There shall be sufficient hot and cold water under pressure to supply the daily needs of a childcare facility.

(c)An approved drinking fountain or individual single service paper cups shall be provided in rooms or adjacent to rooms regularly occupied by the residents.

(d)All equipment shall be clean and in good repair.

(3)SEWAGE DISPOSAL AND PLUMBING.

(a)A private sewage disposal system at a facility shall be operating satisfactorily.

(b)When the private sewage disposal system at an existing facility fails and where a public sewage system is available, the facility shall be connected.

(c)All plumbing shall be installed to prevent the possibility of cross-connection, back siphonage, or sewage leaks.

(4)SOLID WASTE.

(Rule 0250-4-2-.12, Appendix B, continued)

(a)An adequate number of suitable storage containers approved by local health authorities shall be provided and shall be kept clean and in good repair.

(b)Garbage and refuse storage areas shall be kept clean.

(c)Storage containers, other than bulk, shall be secured properly to prevent spillage.

(d)Garbage deposited in outside bulk storage shall be in fly-tight containers (example, plastic bags).

(e)All garbage shall be removed from the building daily.

(f)Garbage and rubbish shall be collected from the premises at least twice weekly.

(g)At facilities where twice weekly collection is not provided, all garbage and rubbish shall be disposed of in a manner acceptable to the health authority having jurisdiction (supplement collection by individuals hauling, acceptable burying, etc.).

(h)Combustible rubbish may be burned, provided such burning meets all local and state laws and

regulation relative to incinerators, incineration, and air pollution.

(5)TOILETS, HANDWASHING AND BATHING.

(a)One flush toilet, one handwashing facility, and one tub or shower for every four children shall be provided.

(b)All facilities shall be approved, in good repair, and clean.

(c)A tightly covered container with plastic liner shall be used for diaper disposal and stored inaccessible to children. This container shall be emptied a minimum of twice daily by closing the liner and disposing of it into an outside garbage receptacle (d)There shall be soap, hot and cold water under pressure, and individual towels provided wherever a handwashing lavatory is located.

(e)Personnel shall exercise good handwashing practices following diaper changes, the assistance of children in toilet use and personal toileting.

(f)Proper adult supervision shall be exercised for use of toilet and handwashing facilities.

(g)Toilet tissue shall be provided on tissue holder at each commode.

(h)Handwashing and bathing water for children shall be provided under pressure at a temperature of at least 90’ Fahrenheit and not greater than 120” Fahrenheit without manual adjustment of the faucets.

(6)BUILDINGS.

(a)Structure. 1.The building foundation, roof, walls, and window frames shall be free of visible cracks and unsealed openings to prevent entrance of insects and rodents. 2.Buildings shall be kept clean, in good repair, and painted when necessary. 3.Gutters and down spouts shall be kept clean and in good repair.

(b)Materials: Facilities having any presence of friable asbestos shall have a written plan approved by the Department of Health and Environment for providing an acceptable measure of control.

The plan is to include a time frame not to exceed five years. This plan is to be on file with the Department of Health and Environment.

(c)Floors. Floors shall be clean and in good repair.

(d)Walls and Ceilings: Walls and ceilings shall be kept clean and in good repair.

(e)Doors and Windows:

(Rule 0250-4-2-.12, Appendix B, continued) 1.All doors and windows shall be kept clean and in good repair (this includes screens when used). 2.Windows shall be operable unless the room is air-conditioned. 3.All windows used for ventilations shall be screened unless building is air-conditioned.

(f)Bedding. 1.Where provisions are made for staying at a facility overnight, each occupant shall be provided an individual bed with acceptable mattress and waterproof cover, springs, clean linen, and clean cover. 2.Where children are kept at least six (6) hours, but not overnight, individual cots or other approved bedding with minimum two-inch (2”) thickness shall be provided and kept clean and in good repair. Clean covers are also necessary. 3.Clean individual floor mats for napping may be used instead of cots. Spacing shall be adequate to promote freedom of movement (approximately two feet (2’) between cots and mats.)

(g)Lighting. 1.Natural and/or artificial lighting shall be distributed throughout the child care facility at the following ratio:

(i)Classroom and playroom 25 foot candies;

(ii)Food preparation surfaces, food service equipment or utensil-washing work levels, food service utensils and equipment, storage areas and in lavatory and toilet areas 20 foot candies; and (iii)Walk-in refrigeration units, dry food storage areas, other storage areas, and halls 10 foot candles.

(h)Heating and Ventilation. 1.All rooms used by children shall be heated by a system capable of maintaining a temperature of 68° Fahrenheit. 2.When the outside temperature is 65° Fahrenheit or below, the temperature at child heig the facility shall be no lower than 65° Fahrenheit nor higher than 75° Fahrenheit. 3.Stoves, hot radiators, steam and hot water pipes, or other heated objects and electric in rooms used by children shall be adequately protected by screens, guards, insulation, suitable means that will protect children from coming into direct contact with them 4.Heat and ventilation units shall be clean and in good repair.

(7)INSECT AND RODENT CONTROL.

(a)The facility shall be reasonably free from flies, other insects, and breeding sites.

(b)Screens which are approved and in good repair shall be provided for all doors and windows used for ventilation purposes.

(c)When air conditioning is used, doors and windows shall be, kept closed.

(d)The facility shall be free of rodents.

(e)There shall be no rodent harborage areas.

(f)Proper supervision and caution shall be exercised according to label directions when applying approved insecticides and rodenticides.

(8)SAFETY.

(Rule 0250-4-2-.12, Appendix B, continued)

(a)Pesticides, medicines, polishes, disinfectants, and cleaning compounds shall be stored in a manner ap- proved by the local health authority.

(b)Sturdy safety rails shall be provided for ramps and steps where there are three or more risers.

(c)Bathtubs, if used, shall be provided with safety strips or mats.

(d)Glass in hazardous locations in the facility shall be shielded when safety glass is not used.

Broken glass objects shall not be permitted in any part of the building or on grounds.

(e)All furniture shall be of durable construction, free of sharp projecting corners or surfaces and in good repair.

(f)Grounds shall be free of hazards that are likely to cause falls.

(g)Buildings and grounds shall be free of any unprotected, abandoned well, cistern, refrigerator, or similar hazards.

(h)Fencing, or other acceptable barriers, shall be provided for hazardous drainage ditches, cliffs, bluffs, or other similar hazards.

(i)Grounds shall have adequate drainage.

(j)Adequate barriers, such as fencing, shall be provided and supervision exercised to prevent children from running on driveways, streets, or highways where a traffic hazard exists.

(k)All play equipment shall be safe and in good repair.

(9)SWIMMING POOL.

(a)Facilities located in municipalities or counties that have an adopted swimming pool ordinance or regulations shall comply with said ordinance or regulation, where applicable.

(b)Facilities located in municipalities or counties that do not have an adopted swimming pool ordinance or regulation shall comply with the Hotel, Food Service Establishment, and Public Swimming Pool Inspection Act of 1985, where applicable.

(c)Facilities utilizing a swimming pool on-site or at another location shall be assured of an approved lifeguard, or the number of guards required, on duty.

(10)CONTROL OF ANIMALS.

(a)If live animals or birds are kept in classrooms as pets, they shall be caged; cages shall be kept clean. (Turtles shall not be kept as pets because (a) a proper environment is elaborate and difficult to achieve and (b) they are carriers of salmonella.)

(b)In all cases, animals and birds shall not be allowed in areas of food storage, preparation, or service (c) Pets requiring vaccination against rabies shall be currently protected, evidence of which shall be on file,

APPENDIX C

TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

FIRE SAFETY INSPECTION REPORT

FOR FACILITIES LICENSED/APPROVED BY THE DEPARTMENT OF CHILDREN’S SERVICES

Name of facility_________________________________________________________________________ Street address_____________________________________Telephone number______________________________ City________________________________ State___________________________Zip Code_____________________ Age range of children ______________________________________________________________________________ If this facility was in operation before July 1, 1973, and does not meet the State Building Code Requirements for a new building, all of the following questions must be answered “yes”.

(1)Is wood frame construction restricted to two stories in height?...........................pYes p No (2)Are children housed only on the first floor level?................................................pYes p No (3)Does each building used for child care purposes have access to two outside exits?.....pYes p No (4)Access from the room door to the two outside exits must not have a dead end distance of more than 20 feet measured from the room door used by the children to the point at which two separate outside exits can be reached. Does facility comply with this requirement?...............................................................pYes p No (5)If this building is used for purposes not tinder the control of the operator, are all rooms and spaces used for child care purposes separated from the rest of the rooms by one-hour fire-rated walls and solid core doors? .............................pYes p No (6)Does this facility have at least one unannounced fire drill monthly?......................pYes p No (7)Are all employees informed of their duties during a fire drill?..............................pYes. p No (8)Does the facility have one UL smoke detector for every 900 square feet?...................pYes p No (9)Does the facility have an approved A-B-C rated extinguisher near the kitchen?.........pYes p No (10)Do electrical outltes within childre’s reach have protective coverings?...................pYes p No (11)Are all approaches to exits kept continuously free of all obstruction?......................pYes p No (12)Is the building free of all unvented fuel-burning heater?.....................................pYes p No .(13)Are all fuel-burning heaters, fireplaces, wall heaters, and portable space heaters provided with a protective screen attached securely to substantial supports?......pYes p No (14)Are all stairways, hallways, and other means of exit kept adequately lighted at all times when the building is occupied ?...........................................................pYes p No (15)Does the space used for child care purposes have at least one window in each room which will raise up or swing out for emergency exit?.......................................pYes p No (16)If space is partially below grade on all four sides, is there an exit with a maximum of three steps or less leading directly to the outside?.................................................pYes p No (Rule 0250-4-2-.12, Appendix C, continued)

(17)Does the hot water heater have a safety relief valve installed?...............................pYes p No (18)Are combustible materials, gasoline, or flammable liquids (paint, thinner, oil, other chemicals, etc) properly stored?........................................................................pYes p No (19)Does visual inspection reveal the absence of electrical hazards (overloaded electrical panel/master junction box), excessive extension cords or frayed wiring?

On this date, I found this facility to be reasonably fire safe Referred to local inspector......................................................................pYes p No ________________________________________ (Date)(Counselor)

NOTE:In areas where the Local Fire Department or Children’s Services official has responsibility for fire safety inspections, the appropriate person shall complete this form. (Children’s Services officials inspection only those facilities that have seven children or less shall use this form.

1365HS-0122 (7-83)

APPENDIX D

TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

FAMILY HOME ENVIRONMENTAL SURVEY REPORT

Case Number___________________ Name of Home________________Capacity_____________Census____________Phone_____________________ Street_____________________________City_____________________________County____________________ Owner/Operator__________________________________Address______________________________________ ITEMS MARKED INDICATE DEFICIENCIES AND NEEDED CORRECTIONS (1)____________BUILDING: Structure, Floors. Walls, Ceilings, Doors, Windows in Good Repair, Clean, Cleanable.

(2)____________LIGHTING: Adequate.

(3)____________HEATING AND VENTILATION: Adequate, Safe Clean.

(4)____________TOILETS: Adequate, Clean, Good Repair.

(5)____________HANDWASHING: Soap, Towels, Tissue, Hot and Cold Water.

(6)____________BEDDING: Clean, Adequate Spacing.

(7)____________SEWAGE DISPOSAL: Adequate, Functioning Properly. Approved.

(8)____________WATER SUPPLY., Adequate, Approved, Safe (9)____________DRINKING FACILITIES: Clean, Approved, Safe (10)___________GARBAGE AND REFUSE: Non-absorbent Containers, Covered. Clem, Frequent Disposal.

(11)___________INSECTS & RODENTS: Absent, Screens In Good Repair, Self-closing Doors.

(12)___________SAFETY Toxic Material Stored Properly, Play Equipment, Fences, Swimming Pools, Other.

(13)___________FOOD: Source Storage, Protection, Preparation, Construction of Equipment and Utensils, Clean, Cleanable, Sanitization.

(14)___________HOUSEKEEPING: General, Clean.

(Rule 0250-4-2-.12, Appendix D, continued)

REMARKS AND EXPLANATION OF ITEMS MARKED:_________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ Date_________________________________Received by___________________________________________ Counselor___________________________________Results: 1. Approved:

2. Disapproved 3. Approved Pending *Used by Department of Children’s Services personnel to Inspect Family Day Homes, Family Boarding Homes, and Family Day Care Homes.

1305HS-0116 (7-83)

APPENDIX E

SUMMARY OF SELECTED PROVISIONS OF THE FOSTER CARE REVIEW LAW

(T.C.A. §37-2-401 et seq.)

(1)Preparation of the Foster Care Plan.

(a)This plan must be written and must be prepared within 30 days of the child’s placement in foster care with the agency. The date of placement is defined as the original date on which the child is physically placed in foster care.

(b)The plan must include a goal for each child of: 1.Return of the child to the parents; 2.Placement of the child with relatives of the child; 3.Adoption, giving appropriate consideration to T.C.A. §36-1-105(e)(1) when applicable; 4.Permanent foster care; and 5.Emancipation by marriage, court order, or the age of majority.

(c)1.In the event a child is in foster care as a result of a surrender or termination of parental rights, the agency having guardianship of the child shall prepare and submit to the foster care advisory review board or court in the county in which the child is in foster care a plan for each such child. 2.Such plan shall include a goal for each child of either:

(i)Placement of the child with relatives of the child;

(ii)Adoption, giving appropriate consideration to T.C.A. §36-1-105(e)(1) when applicable; and (iii)Permanent foster care. 3.Specific reasons must be included in the plan for any goal other than placement of the child with a relative of the child or adoption. Such plan shall also include a statement of specific responsibilities of the agency and the caseworker of such agency designed to achieve the stated goal.

(d)The plan shall include a statement of responsibilities between the parents, agency, and caseworker of the agency. The responsibilities of each party should be specific and related to the achievement of the specific goal.

(e)The initial plan must include the definitions of abandonment contained in T.C.A. §§36-1-1021 and 37-1-102 I and the criteria and procedures for termination of parental rights. Each party shall sign the statement and be given a copy of it. If the parent should fail to sign the plan, the agency shall seek ratification of the plan by the court.

(f)Substantial non-compliance by the parent with the statement of responsibilities in the plan provides grounds for the termination of parental rights notwithstanding the failure of the parents to sign or to agree to such statement if the court finds that the parent was informed of its contents, and that the requirements of the statement are reasonable and are related to remedying the conditions which necessitated foster care placement.

(g)At a hearing in which a court orders a child to be placed in foster care, the judge shall determine whether a foster care plan has been prepared and whether the statement of responsibilities has been agreed upon by the parties. If a statement has been agreed upon by the parties, the court shall review it and approve it if the court finds it to be in the best interest of the child. If a plan has not been prepared or parties have not agreed to a statement of responsibilities, the court may continue the hearing for such time, not to exceed thirty (30) days as may be necessary to give the parties an opportunity to attempt to agree upon a suitable plan, which may then be approved by the court without a further hearing if the court finds the plan to be in the best interest of the child.

(Rule 0250-4-2-.12, Appendix E, continued)

(2)Disposition of the Plan.

The plan is to be submitted to the juvenile court having jurisdiction over the child. If no juvenile court has jurisdiction over the child, then the plan is to be submitted to the juvenile court in the county in which the child is placed.

(3)Annual Update.

All plans are subject to modification and shall be reevaluated and updated at least annually except when a long-term agreement has been made and approved by the court.

(4)Foster Care Reports.

(a)In addition to the required Foster Care Plan mentioned above, each agency shall submit to the appropriate court or foster care review board a report for each child in its care on progress made in achieving the goals set forth in the plan.

(b)The agency must submit a monthly listing of cases to the court to be reviewed.

(c)Such reports shall be prepared by the agency having custody of the child within ninety (90) days of the foster care placement and no less frequently than every six (6) months thereafter for as long as the child remains in foster care.

(d)Unless parental rights have been surrendered or terminated, a copy of this report shall be provided to the parent(s) of the child at the time it is provided to the court or board.

(e)Parents must be notified by the agency of the date, place, and time of the hearing.

(f)A report of the findings of the hearing or review must be provided to the parent(s) even if they do 49 not attend.

(5)Monitoring of Foster. Care Plan and Reports.

It shall be the responsibility of all licensed or approved child-caring agencies to ensure that foster care plans and reports are prepared and submitted as directed by state law.

(6)Eighteen (18) Month Hearing.

(a)In addition to the above-mentioned foster care plans and reports, the agency must request a hearing within eighteen (18) months of the foster care placement for each child in foster care.

(b)Except in cases where the court has approved a long-term foster care agreement, as long as the child remains in foster care, subsequent hearings must be requested no less frequently than every eighteen (18) months thereafter for all children.

(c)The purpose of this hearing shall be to determine the necessity of continued foster care placement, the extent of compliance of the parties with the terms of the foster care plan, the extent of progress made in achieving the goal of the plan, and the future status of the child. If the court rinds that any party has not complied with the terms of the plan, it may issue such orders as may be appropriate to enforce compliance.

(7)CESSATION OF REVIEW.

Foster care shall cease at such time as the child is placed with an individual or individuals for the

purpose of the child’s adoption by the individual or individuals or at such time as a petition to adopt is filed, whichever occurs first, or at such time as a child is returned to or placed in the care of a parent or relative, emancipated or reaches the age of majority.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-2-401 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); 71-3-501 et seq. and 71-3-524.
• Administrative History: Original rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.12 filed and effective March 25, 1999.

Chapter 0250-04-05 Standards for Residential Child Caring Agencies

Tenn. Comp. R. & Regs. 0250-04-05-.01 LEGAL BASIS FOR LICENSING

(1)GENERAL: The legal basis for licensing is contained in T.C.A. §§14-10-101 through 14-10-130.

(2)DEFINITIONS: For the purpose of this chapter, the following terms have the following meanings:

(a)Child - A person under seventeen (17) years of age.

(b)Commissioner - The Commissioner of the Department of Children’s Services.

(c)Department - The Tennessee Department of Children’s Services.

(d)Emergency Shelter Care - Care available an a 24 hour basis. Its purpose is to provide care for children in emergency cases. The length of care should not extend beyond 30 days. In rare instances where longer care is required, the reason should be documented in the case record.

Length of cafe must not extend beyond 90 days in any case.

(e)Law - Tennessee Code Annotated, Sections 14-10-101 through 14-10- 130.

(f)License- A yearly permit issued to a residential child-caring agency giving care to children.

Licensing is based on meeting required standards developed and published by the Department.

(g)Residential Child-Caring Agency - (defined as “Child-Caring Institution” in the law). Any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full time care for thirteen (13) or more children under seventeen (17) years of age outside their own homes in facilities owned or rented and operated by the organization. For licensing purposes this definition is further expanded to mean the full time care of thirteen (13) or more children in one or more buildings on contiguous property with one administrator.

(h)Staff - Full time and part time employees of a Residential Child Caring Agency.

(i)Wilderness Camp - A facility which provides a primitive camping program with a non-punitive environment and an experience curriculum for children twelve (12) years of age and older, who have difficulty functioning in the home, school or community.

(3)BASIS FOR APPROVAL FOR LICENSE: The provisions of T.C.A. §14-10-104 are applicable.

(4)LICENSING PROCEDURE:

March, 1999, (Revised)

(a)Application Fees. The provisions of T.C.A. §14-10-106 (a) as amended by Public Chapter 536, “Acts of 1986” are applicable.

(b)Re-application After Denial or Revocation. The provisions of T.C.A. §14-10-106(b), as amended by Public Chapter 536, “Acts of 1986”, are applicable.

(c)Temporary License. The provisions of T.C.A. §14-10-107 are applicable.

(d)Hearing on Denial of Application. The provisions of T.C.A. §14-10-108, as amended by Public

Chapter 536, “Acts of 1986”, are applicable.

(e)Revocation of License; Emergency Suspension. The provisions of T.C.A. §14-10-109, as amended by Public Chapter 536, “Acts of 1986”, are applicable. If the Department finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of the license will be ordered pending revocation proceedings, as provided in T.C.A. §4-5-320 (c).

(f)Penalty for Unlicensed Operation. The provisions of T.C.A. §14-10-113 are applicable.

(g)Inspection of Licensed Agencies. The provisions of T.C.A. §14-10-119 are applicable.

(h)Reports of Child Abuse. The provisions of T.C.A. §14-10-130 are applicable.

(5)PUBLIC AGENCIES: INSPECTION AND REPORT. The provisions of T.C.A. §14-10-118 are applicable.

(6)FOSTER CARE REQUIREMENTS:

(a)State law, codified as T.C.A. §§14-10-124 and 37-2-401 through 37-2-411, requires the development of plans for each child in foster care including long-term agreements, establishes procedures for periodic review of such plans, and establishes review boards in each county.

Amendments to the Licensing Law in 1978 establish a method for periodic review of foster care custody that will provide for termination or continuation of custody in accordance with the findings of the review. A plan must be submitted on each child in foster care placement within 30 days of the original date the child has been placed in foster care. This is to be submitted regardless of whether the child is in care by court order or voluntary placement agreement. The plan is to be submitted to the Juvenile Court having jurisdiction over the child. Every six months thereafter a report is to be submitted to the court or foster care review board enumerating progress or lack of progress made toward the goals on the original plan. Each plan must be submitted, reevaluated and updated annually. Every eighteen months (or at least every 36 months if rights of both parents have been surrendered or terminated), the judge or referee must hold a hearing to consider the continued need for foster care and progress of same.

(b)Compliance with all foster care requirements of State law is a licensing requirement, and noncompliance may be grounds for license revocation.

(7)REPORTING OF BRUTALITY, ABUSE, NEGLECT OR CHILD SEXUAL ABUSE. The provisions of T.C.A. §37-1-403 are applicable.

(8)VIOLATIONS; PENALTIES. The provisions of T.C.A. §37-1-615 are applicable.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-101, 14-10-104, 14-10-106 through 14-10-110, 14-10-113, 14-10-118, 14-10-119, 14-10-124, 14-10-130, 37-1-615; 37-2-401 through 37-2-411; 37-5-101; 37-5-105; 37-5-106; 37-5- 112(a) and P.C. 536, “Acts of 1986”.
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 4, 1979, effective May 21, 1979. Amendment filed March 6, 1980; effective April 20, 1980. Repeal and new rule filed December 30, effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.01 filed and effective March 25, 1999. March, 1999, (Revised)

Tenn. Comp. R. & Regs. 0250-04-05-.02 PLACEMENT IN TEMPORARY HOMES OR FOR ADOPTION

(1)All public or private institutions placing children in temporary foster homes or for adoption must be specifically licensed or approved to exercise this function by the Tennessee Department of Children’s Services.

(2)The standards set up by the Tennessee Department of Children’s Services with reference to the placement of children must be adhered to in all respects by agencies so licensed.

(3)All public agencies placing children in temporary foster homes or for adoption must meet the standards of private, licensed, child-placing agencies.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104; 14-10-116; 37-5-101; 37-5-105; 37-5-106 and 37-5-112(a).
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 4, 1979; effective May 21, 1979. Repeal and new rule filed December 30, 1986; effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.02 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.03 ORGANIZATION AND ADMINISTRATION

(1)Incorporation: Residential Child-Caring agencies may be operated by a society, agency, or corporation. If the residential child-caring agency is to be operated as a corporation, the licensing law provides that no residential child-caring agency, “shall receive a certificate of incorporation from the Secretary of State unless there shall first be filed with the Secretary of State by the Department a commendatory certificate approving the charter. All amendments to previously granted charters shall take the same course and meet the same requirements as are herein provided for a new and original charter.”

(2)Constitution and By-Laws. The constitution and by-laws should be written in a manner which would encourage and facilitate progress and change to keep the function and philosophy of the organization in line with the best current theory and practice in child care.

(a)The incorporated agency must develop written by-laws which define policies and procedures pertaining to its organization and structure.

(b)The by-laws of the incorporated agency must include the following subjects:

1. Name 2. Purpose, with a description of scope of operation 3. Membership 4. Powers and Duties of Board of Directors 5. Size of Board of Directors 6. Method of selection, tenure and rotation of Board Members 7. Method of election of officers of the Board 8. Organization of Board and its committees, enumerating their respective responsibilities 9. Method of calling Board meetings and annual meetings 10. Frequency of meetings, quorum requirements, rules of order 11. Fiscal year dates March, 1999, (Revised) 12.Responsibilities of the administrator as specified in rule 0250-4-5-.05 (2) (a), and his/her relationship to the Board.

(3)Composition of the Board.

(a)Every agency operating as a corporation must have a Board of Directors which operates as the responsible representative of the community and as the governing body of the agency. In a non-incorporated agency an Advisory Board must be established.

(b)Officers must be elected annually. The only employee who may serve as a voting member of the Board is the Executive Director.

(c)There must be a minimum of quarterly meetings. In special circumstances a meeting of the Executive Committee may substitute for a full board meeting.

(4)General Responsibilities of the Incorporated Agency.

(a) The Board must set up the corporate or legal existence of the agency and give it continuity.

(b)It must select and appoint the executive director, and delegate responsibility to the executive for administering the agency. It must perform a written evaluation of the executive director on an annual basis. This evaluation must be included in the executive director’s Personnel file.

(c)It must assure that adequate funds are available for financing the agency’s operations, including adequate staff, proper working conditions, salaries, and facilities.

(d)It must govern the agency by policies and plans that it develops and approves and that are formulated with the executive and staff.

(e)It must account for the service of the agency and the expenditure of funds. To be accountable it must make provision for proper bookkeeping including an annual audit and an annual budget.

The Board must set the budget, study reports, ask questions, and stay informed regarding the agency’s financial activities and fields of service.

(f)It must not be involved in individual cases unless the Board member is a staff person whose job description authorizes such involvement.

(g)It must keep minutes of each meeting which shall be available to the licensing department, (h)The annual application for licensure must be submitted to the Department and signed by the Chairman of the board and/or the Executive Director.

(i)The governing board must be organized and must function according to its constitution, bylaws, and charter.

(j)There shall be a plan for rotation of the governing board. Members shall serve no more than nine consecutive years.

(5)General Responsibilities of the Advisory Board.

(a)Every public agency must have an Advisory Board.

(b)There shall be a plan for rotation of the Advisory Board. Members shall serve no more than nine consecutive years.

(c)The Advisory Board of a facility shall keep written records clearly setting forth: 1.Name of Agency March, 1999, (Revised) 2.Purpose of Agency 3.Membership 4.Powers and duties of the Board 5. Size 6.Method of selection, tenure, and rotation of members 7.Method of election of officers 8.Organization of the Board and its committees, enumerating their respective responsibilities 9.Responsibilities of the administrator and their relationship to the Board 10.Method of calling meetings and annual meetings 11.Frequency of meetings, quorum requirements, and rules of order 12.Fiscal year dates 13.Method of amending the by-laws.

(d)Duties of the Advisory Board. The Advisory Board of a facility shall: 1.Provide advice to the governing body. 2.Keep informed of the operational policies and practices of the facility. 3.Periodically review aspects of the operation of the facility. 4.Meet as often as necessary but not less than quarterly. 5.Maintain records of attendance and minutes of meetings. These records and minutes shall be available to the Department.

(e)In public agencies, in the event of serious disagreement between the agency and Advisory Board; the Advisory Board shall report to the head of the governing unit statutorily responsible for the agency, clearly outlining the nature of the disagreement and its recommendations.

(6)Financing.

(a)Solicitation of Funds. Agencies which engage in the solicitation of funds for charitable purposes must comply with the Solicitation of Charitable Funds Act, T.C.A. §48-3-301, et seq.

(b)Funds 1.Income must be adequate and stable to insure the efficient and effective operation of the program to which the agency commits itself. 2.A statement must be submitted annually showing financial resources which will provide an adequate standard of service.

(c)Audit and Control 1.Accounts must be audited annually by a certified public accountant or licensed public accountant consistent with accepted accounting principles. A copy of the audit is to be provided to the Department and must contain an opinion. Qualifications to the opinion must be reviewed by the board and this review must be recorded in the minutes.

March, 1999, (Revised) 2.The administrator and others handling the agency’s funds must be bonded. Premiums for the bonds must be paid by the organization unless otherwise provided by law or ordinance.

(d)If the Agency does not maintain liability insurance covering the premises and the operations, the patient(s) or other legal custodian of all children in care must be advised of this fact, in writing, either at the time of enrollment of the child, at the time an effective policy ceases to be effective, or on the effective date of these rules, whichever comes first. If, on the basis of such notification, the legal custodian desires to remove the child(ren) from the Agency, he/she must be allowed to do so, notwithstanding any prior agreement to the contrary. Any prepaid charges must be refunded on a prorated basis.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-102; 37-5-101; 37-5-105; 37-5-106 and 37-5-112(a).
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 4, 1979; effective May 21, 1979. Amendment filed March 6, 1980; effective April 20, 1980. Amendment filed December 17, 1982; effective March 16, 1983. Repeal and new rule filed December 30, 1986, effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.03 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.04 PERSONNEL

(1)The board of directors or the governing body in cooperation with the administrator, shall establish written personnel policies. These policies shall include:

(a)A job description for each position in the agency covering the position’s responsibilities, academic qualifications, and required level of experience.

(b)Annual salaries and performance review requirements.

(c)Physical examination policy which must include a required physical examination and tuberculin test for all employees. The examination must be no older than 6 months prior to hire date.

(d)Training activity requirements and method of documentation that employees have met these requirements.

(e)A defined work week and hours to be worked per week.

(f)Vacation policy that clearly defines amount of time allowed and payment plan.

(g)Sick leave policy.

(h)Policies regarding Social Security, insurance, retirement plans, and other fringe benefits.

(i)Agency grievance procedure.

(j)Grounds for dismissal (k)Leisure time provision 1.Each staff member must have a minimum of six days off a month or its equivalent. 2.Leisure time provision must include a plan for continuity of supervision when other staff are on leisure time.

March, 1999, (Revised)

(1)Written policy related to child sexual abuse as dictated by state law. This policy is to include information addressing the following areas: 1.For Child-Care Staff:

(i)Reserved.

(ii)Within two weeks of being on the job, each new employee must receive orientation instructions related specifically to child abuse detection, reporting, and prevention. This training must be documented in the employee’s personnel file. 2.For Children. The Child-Caring Agency must have a instructional program in childsexual abuse prevention for all residents. The curriculum must include information on such pertinent subjects as: personal ownership or our bodies, touching, reporting abuse within the agency. Appropriate treatment must be provided for those who have been victims of sexual abuse. Such treatment must be provided either by the Agency, and/or the Agency’s qualified designee.

(2)Staff Records.

(a)Records on all staff members and information on applicants for jobs must be kept in a locked file at the agency. They must include: An application, reports from three references, one of whom must be a former employer, a physical examination, when required, including tuberculin test, a record of participation in orientation and training activities, a record of positions held by the person during employment at the agency, record of leave, and date and reason for termination.

(b)In addition to the above, copies of an annual evaluation of the quality of work done by the person while in the agency must be kept in his personnel record. These evaluations must be prepared by the administrator, assistant to the administrator, or by the person directly responsible for the supervision of the employee. If not conducted by the administrator it must be approved by the administrator.

(c)Staff shall have access to their personnel records as afforded to them by law.

(3)Staff Development.

(a)Agencies must provide new staff with an orientation program that thoroughly acquaints the new employee with agency philosophy, policies, and procedures specifically including confidentiality procedures. This program must be under the supervision of qualified staff and appropriate to the position being assumed by the new employee.

(b)A program of in-service training must be developed which provides staff with a minimum of 6 hours in-service training annually. Attendance at conferences and workshops may be included as part of the 6 hours minimum requirements.

(c)Participation in these activities must be documented in personnel files.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104, 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 4, 1979, effective May 21, 1979. Repeal and new rule filed December 30, 1986; effective February 13, 1987. Amendment filed June 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-4-5-.04 filed and effective March 25, 1999. March, 1999, (Revised)

Tenn. Comp. R. & Regs. 0250-04-05-.05 STAFF

(1)General Qualifications.

(a)Agency employees shall be persons of good character. They shall possess the health, emotional stability and ability necessary to carry out their assigned duties. No person shall be employed by the agency who has been convicted of any offense against children, or who has been identified as the perpetrator of child abuse.

(b)An agency shall obtain references attesting to the character, integrity, and ability to perform tasks required for the position. At least one of these references must be from a former employer.

(c)A report of a physical examination completed within no more than six months prior to hire date shall be on file for all employees. The resident children of staff shall also have on file an initial medical statement of good health or a physical exam.

(d)Prospective Employees - (After effective date of these standards.) The tuberculin skin test is recommended for initial screening and should be done within 90 days prior to employment.

Prospective employees who are known to have a positive tuberculin reaction or who refuse to have a tuberculin test shall receive a chest x-ray and, if necessary, other tests within 90 days of employment. If infectious tuberculosis is ruled out, no future certificate is required during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(e)Current Employees 1.Current employees who have already presented certification of a negative tuberculin skin test will require no future certification during their employment, unless persistent pulmonary symptoms develop or there is contact to tuberculosis. 2.Current employees who are tuberculin reactors and whose certification was based on a chest x-ray will require no future certification during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(2)Specific Qualifications for Staff.

(a)The Administrator 1.The administrator must be selected by the Governing Board and be accountable to the Board for satisfactory performance of duties.

2. An administrator must be a graduate of an accredited 4 year college or university, preferably from the field of education. medicine, nursing, social work, religious service, or some allied profession, or must have a minimum of 10 years administrative experience, who perceives the position as one of leadership in child care. 3.Any administrator who does not meet this requirement holding this position prior to the effective date of these standards, is permitted to remain in this position. Any administrator employed following the effective date of these standards must meet these requirements. 4.The administrator must be responsible for:

(i)Attending Board meetings and participating in all planning for the agency.

March, 1999, (Revised)

(ii)Assuring that the agency keeps accurate statistical reports that give the complete scope of the work of the agency.

(iii)Assuring that monthly and annual reports on forms furnished by the Tennessee Department of Children’s Services are submitted, as well as any special reports that may be required from time to time.

(iv)Preparing the agency’s budget in cooperation with the Board and operating the agency within the budget approved by the Board.

(v)Selecting, employing, training, and discharging (when necessary), all staff and supervising the daily management of the agency if another person has not been delegated the responsibility.

(vi)Communicating to the Board information on the operation of the agency, unmet needs, and modern methods regarding child care services.

(vii)Implementing the policies of the Board and bringing to the Board’s attention areas which require modification or change, and interpreting the agency’s program to the community and giving professional leadership to the Board in doing this job.

(viii)Maintaining adequate records on the administrative and fiscal operation of the agency.

(ix)The administrator must hold staff meetings at regular intervals and discuss plans and policies with his staff. The administrator must secure adequate clerical staff to keep correspondence, records, bookkeeping, and files current and in good order.

(b)The Caseworker. 1.Following the effective date of these standards, the agency is required to have a qualified caseworker as a member or its staff within one year. 2.The caseworker must be graduate of an accredited four year college or university with a major in social work or a related field such as psychology or sociology. 3.Caseworker services can be provided by the agency itself or by entering into written agreements and/or contracts with qualified individuals, and/or public or private agencies qualified to provide such services. 4.In small agencies with less than 20 residents, the administrator may serve as a caseworker providing that he meets the same qualifications as a caseworker. 5.It is the responsibility of the caseworker to carry out the responsibilities set forth in the Casework Services section.

(c)Child Care Staff. l.All child care staff must be responsible persons possessing the skills necessary to cope with problems and live amicably as a family group. The capacity of child care staff to March, 1999, (Revised) provide care must be evaluated on an annual basis. All persons living in residence are to be included in this evaluation. 2.Child care staff must have the character and personality suited to provide care to children. They must be able to accept and respect each child as an individual, demonstrate care and concern, provide a stable family-like atmosphere, have knowledge and understanding of child care, and have the ability to learn and grow on the job. 3.Child care staff must be at least 18 years of age. They must hold a high school degree or its equivalent. Any child care worker who does not meet this requirement prior to the effective date of these standards is permitted to remain in this position. Any child care worker following the effective date of these standards must meet this requirement or have a specific plan of action to meet it.

(d)Volunteers. 1.For purposes of these standards a volunteer shall be considered to be any person providing assistance to the agency without remittance who has direct, and ongoing contact with the residents. 2.If volunteers are used, a process of application and screening shall be established in the agency to insure that volunteers are of such character and competence as to meet the agency’s needs. 3.A program of ongoing training and orientation to the philosophies and practices of the agency shall be provided each volunteer within the agency. 4.Adequate supervision of volunteers shall be provided by paid staff. 5.An individual file including the application to participate as a volunteer, the results of the screening process and letters of reference, shall be maintained by the agency on each volunteer.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104, 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 4, 1979; effective May 21, 1979. Amendment filed March 6, 1979; effective April 20, 1980. Repeal and new rule filed December 30, 1986; effective February 13, 1987. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-4-5-.05 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.06 SERVICE PROVISION

(1)Method of Providing Service.

(a)Children must not be accepted into group care before it is clearly established that their own families, with help, cannot offer them a home. They must not be admitted simply because they are in need of care away from their own homes, but because they are in need of the specific kind of care and services a particular agency has to offer.

(b)The facility must not admit any children in excess of its license capacity. (Refer to 0250-4-5- .12 Emergency Shelter Care, for exception).

March, 1999, (Revised)

(c)Children under five (5) years of age must not be admitted into a Residential Child-Care Agency. The only exception to this rule can be the acceptance of one child under five (5) years of age who is admitted with an other sibling group. This child must not be under three (3) years of age and must live with the sibling group in one cottage. The cottage must have no more than six (6) children with a man and wife serving as house parents. (Refer to 0250-4-5- .12 Emergency Shelter Care, for exception).

(2)Admission and Discharge Policies and Procedures. The agency must have written policy and procedures for Admission and Discharge which must be available to all appropriate parties involved with the child.

(a)Admission. Admission criteria must include the following: 1.A description of the population served, defined needs of this population, and a description of agency services related to these needs. 2.A positional statement when appropriate that surrender for adoption is not a criterion for admission. 3.A defined pre-admission summary which must require a written evaluation addressing the appropriateness of resident needs to agency services. 4.A description of agreed upon pre-placement procedures which must include preplacement visits when feasible.

(b)Discharge. Discharge policy must set forth the legal requirement that a custody transfer may only be made through court action after proper investigation by a designated agency. Discharge criteria must require: 1.A description of conditions under which a resident may be discharged. 2.A description of procedures for preparing a child for discharge to include designated time frames. 3.A documented discharge plan which addresses the resident’s continuing needs and planned services to meet these needs. 4.Provision for a written agreement assuming responsibility for the child to be signed by the resident’s legal custodian.

(3)Casework Services:

(a)There must be at least one hour per week of casework services for each child in care.

(b)Casework services must be provided by a graduate of an accredited four-year college or university with a major in social work or a related degree in the field of human behavior.

(c)Casework services must include but are not limited to: 1.A written intake/pre-evaluation study focused on determining whether group care is appropriate for a particular child. 2.Preparation of the child and his family or prior placing agency for admission to include pre-placement visits when feasible.

March, 1999, (Revised) 3.An individual plan of care setting forth the agency services to be provided each resident, the rationale for this service, and documentation of the service as it is provided. 4.Periodic evaluation of the family situation and their ability and willingness to make a home for the child according to the timetables set forth in the foster care review law. 5.Serving as liaison and communicator between family, custodian, and agency. 6.Working with appropriate staff toward evaluating the needs of the child and obtaining resources to meet those needs. 7.Assuring that all provisions of the Foster Care Review law are met (Refer to Appendix C. Refer to 0250-4-5-.12 Emergency Shelter Care for exception.)

(4)Restriction to one type of care. Residential child-caring agencies providing full time care must not provide part-time care to children except with the prior knowledge and consent of the Department.

(5)Provision of Continuous Supervision. A responsible adult must be with the children in care at all times. A written plan must be developed to obtain additional adult help for times of emergency. Older teenagers may be left unattended for brief periods of time when they have demonstrated their ability to responsibly handle freedom. (Regardless of age, emergency shelter care requires the presence of a responsible adult at all times.)

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104, 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 4, 1979, effective May 21, 1979; Repeal and new rule filed December 30, 1986; effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.06 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.07 CARE OF THE CHILDREN

(1)Staff-Child Ratio.

(a)In determining the ratio of staff to children in cottages, the professional and auxiliary staff on duty may be included, if on the premises.

(b)There must be at least one (1) staff member for every eight (8) children in care.

(2)Discipline: Agencies shall develop general Discipline Policy which identifies the type of children served, describes the anticipated behavioral problems of this population, sets forth acceptable methods of dealing with these behaviors, and details the required qualifications and training of staff working with the residents. All consequences of undesirable behavior shall be reasonable and consistent with the service plan for the resident.

(a)All discipline must be reasonable and responsible related to the child’s understanding, need, and level of behavior. All discipline shall be limited to the least restrictive appropriate method and administered by appropriately trained staff.

(b)Encouragement and praise of good behavior is often more effective than punishment, and is a must in disciplining a child. The child’s acceptance of discipline and his/her ability to profit by it depends largely upon his/her feeling that he/she is liked, accepted, and respected.

(c)Any discipline must be determined on an individual basis and be related to the undesirable behavior. Requiring children to accept the natural consequences of their acts may be a desirable experience provided consequences are not too drastic.

March, 1999, (Revised)

(d)The facility shall have written policies and procedures prohibiting punishment which may adversely affect a child’s health, physical, or psychological well being. A copy must be given to all residents, families, staff, and, placing agencies. The following forms of punishment must not be used:

1. Cruel and unusual punishment. 2.Assignment of excessive or inappropriate work. 3.Denial of meals, daily needs and program provided by the individual service plan. 4.Verbal abuse, ridicule or humiliation. 5.Permitting a child to punish another child. 6.Chemical or mechanical restraints. 7.Denial of planned visits, telephone calls, or mail contacts with family.

(e)If corporal punishment is permitted under the Agency’s policies, the Agency must have the written consent of the child’s parent, guardian, or other legal custodian before administering such corporal punishment.

(3)Physical Control and Isolation.

(a)All agencies using physical control techniques must have written policies defining the method of control, identifying persons used in implementing these methods, and establishing the training required for such persons. These policies must require: 1.Use of two fully qualified staff. 2.Immediate notice to supervisor. 3.A written report to the administrator. 4.A review process for use of the facility’s Executive Committee which must also be available to licensing staff.

(b)If isolation from others in a time out room is used as a control measure, written policies must set forth the parameters of this measure. 1.The facility must keep a record of each isolation incident, provide for direct supervision every 15 minutes and limit the time to a maximum of 30 minutes for children 7 to 11 years of age and a maximum of one hour for children over 12 years of age. Any additional times required shall be approved by the executive director, but in no event shall it exceed two hours. Time-out rooms must not be locked.

(4)Abuse of Children.

(a)All public and private agencies must have written policy which establishes internal controls for the prevention and detection of abuse or neglect of children.

(b)All public and private agencies must have written policies and procedures for reporting incidents of abuse or neglect of children. These policies should clearly set forth the roles and responsibilities of all parties involved in both the reporting and investigative process.

March, 1999, (Revised)

(5)Exploitation. Any agency must not engage in practices which exploit the rights of children. Children shall not be identified in connection with publicity for the agency unless a positive value accrues for the child.

(6)Health (a)Physical Examinations 1.Children must have had a physical exam at least six (6) months prior to placement or within five (5) working days after placement. 2.Children must receive physical assessments at the following intervals:

(i)5 to 6 years every twelve months (ii)Six years and above every three years.

(b)Dental Care. The teeth of each child must be examined annually and any indicated correction of defects of the teeth and mouth be initiated. The same care applies to both permanent and temporary teeth.

(c)Immunizations 1.The following immunizations (unless there is a medical reason to the contrary, certified by the child’s physician) shall be begun before admission and must be completed within six (6) months, Diphtheria, Whooping Cough, (for children under 7 years of age), Tetanus, Polio, Measles, Rubella, Mumps, others recommended by the physician. 2.The home must have a written record of the above information. (Refer to Emergency Shelter Care for exception).

(d)Illness 1.Doctor’s orders must be observed during the course of an illness. 2.Regulation of visits, sanitation of dishes and utensils, and good personal hygiene must be observed as the nature of the illness warrants. 3.In case of death or life threatening illness or injury notify legal guardian and state licensing immediately.

(e)Medications 1.All medications including over the counter drugs, attitude manipulators, tranquilizers, legend pain killers, barbiturates, or amphetamines, must be safeguarded by a double entry medication system whereby each medication is recorded as it comes into the agency. Administration of all medications must be documented. Medications must be double-locked within the agency. 2.The agency must not have psychotrophic drugs as stock items. Such drugs must be individually prescribed and kept in the original containers with the name of the patient, March, 1999, (Revised) drug, dosage, frequency of administration and prescription number unless filled directly by the physician. 3.Other prescribed medication may not be administered without a specific order or standing order from a licensed physician.

(f)First-Aid Supplies. First aid supplies must be kept on hand but secured out of reach of children.

(7)Education and Religion.

(a)All children in residence must be in compliance with Tennessee state law on compulsory school attendance.

(b)Certain handicapped children may require specialized training suitable to their needs. If so, this must be provided.

(c)If it is not possible on the part of the agency’s program for the children to attend public school, the school within the institution must conform both as to program and physical set-up with standards set by the Tennessee Department of Education. This also applies to special education classes or remedial work provided by the home.

(d)The atmosphere prevailing in the home must be such as to foster the spiritual growth of the child in his daily living.

(8)Nutrition.

(a)Food of adequate quality and quantity must be served and meet the child’s dietary allowances as recommended by USDA. (Refer to Appendix D for further requirements.)

(b)Three meals and snacks must be provided daily (Refer to Appendix D) with no more than a fourteen- hour span between a substantial evening meal and breakfast of the following day.

(c)All special diets must be prepared as prescribed by the physician or recommended by a dietician.

(d)Denial of a nutritionally adequate diet must not be used as punishment.

(e)Menus 1.Menus for the week must be prepared in advance. These menus must be followed and must be varied from week to week. 2.Menus must be kept on file for a period of one month.

(9)Recreation. There must be a planned program of recreation for all children in care.

(a)Outdoor activity areas: 1.Must protect small children from traffic hazards. 2.Must provide appropriate recreational materials and supplies.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104, 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule certified June 10, 1974. Repeat and new rule filed April 4, 1979; effective May 21, 1979. Repeal and new rule filed December 30, 1986; effective February 13, 1987. Amendment March, 1999, (Revised) filed July 31, 1987; effective September 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.07 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.08 PARENT INVOLVEMENT IN CARE

(1) Understanding the Parents.

(a)Children’s feelings for their own family must be respected regardless of their heritage or the unsuitability of the surroundings in which they may have lived.

(b)Staff must try to strengthen the child’s ties with his/her family when appropriate, recognizing that it is very difficult for the child to be away from his/her parents and for parents to be separated from their child.

(c)Discussion and planning sessions must include children, parents, and other appropriate parties when it is feasible.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-101; 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule filed April 4, 1979, effective May 21, 1979. Repeal and new rule filed December 30, 1986, effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.08 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.09 PHYSICAL FACILITIES

Refer to 0250-4-5-.11 Requirements for Wilderness Camps, for exception).

(1)All facilities shall be constructed according to standards approved by the Tennessee Department of Health and Environment and the Fire Safety Division of the Tennessee Department of Insurance.

Plans for new structures and renovations that house or accommodate children shall be submitted to the Fire Safety Division of the Tennessee Department of Insurance and the Tennessee Department of Health and Environment. All new structures and renovations must include Title 504 specifications.

(2)All buildings shall be inspected and approved annually by the designated Fire Safety Authority and by representatives from the Tennessee Department of Health and Environment. (Refer to Appendices A and B). The Agency must be in compliance with the applicable regulations and standards of these authorities in order to obtain or retain a license.

(3)There must be a family type setting and living arrangements which enhance family living.

(a)Living Room. There must be a living room or den for each group of children.

(b)Sleeping Provision 1.Each child must have a separate bed of suitable size. 2.Children of opposite sex over the age of five must not sleep in the same room. 3.Children must not sleep in the same room with adults. Exceptions may be desirable on infrequent occasions and for short periods of time in case of illness or temporary emotional upset. 4.65 square feet of floor space in the sleeping area must be available for the first child and 50 square feet must be available for each additional child. 5.There shall be no more than four (4) children per sleeping room.

(c)Kitchen March, 1999, (Revised) 1.The kitchen must be equipped to insure sanitary conditions. 2.There must be a satisfactory method of refrigeration. 3.There must be enough dishes and silverware to serve the household, suitable to a child’s use and similar to an adults. 4.Cooking and eating utensils must be kept in storage space which is protected from dust, insects and other pests. 5.Space that is secured and well out of the reach of children must be provided for storage of all bleaches, corrosives or poisons. 6.There must be enough tables and chairs to provide accommodations without crowding.

They must be kept clean.

(d)Sanitary Facilities 1.Toilet and bathing facilities must be in the home. (Exception for Wilderness Program) 2.Toilets must be of the flush type. (Exception for Wilderness Program) 3.There must be adequate and sanitary sewage disposal. 4.The water supply must be obtained from a source or system approved by the Tennessee Department of Health and Environment.

5. All garbage must be placed in a tightly covered container and disposed of in a sanitary manner. 6.Individual towels and washcloths must be provided for each child. Provision must be made to keep all toilet articles separate. 7.All children’s equipment must be kept clean.

(4)Safety Requirements (a)Measures must be taken to remove hazards and to prevent accidents.

(b)Children with physical and emotional handicaps must be protected through appropriate and specific safety measures.

(c)There must be adequate smoke detectors and fire extinguishers to insure fire safety.

(d)Each home must have posted, in a visible and accessible location, a written plan for evacuation.

(e)Children must be trained in emergency evacuation procedures.

(f)Emergency telephone numbers must be immediately accessible to the telephone.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-101 through 14-10-130; 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37- 5-106 and 37-5-112(a).
• Administrative History: Original rule filed April 4, 1979; effective May 21, 1979. Repeal and new rule filed December 30, 1986; effective February 13, 1987. Amendment filed July 31, 1987; effective September 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.09 filed and effective March 25, 1999. March, 1999, (Revised)

Tenn. Comp. R. & Regs. 0250-04-05-.10 RECORDS AND REPORTS

(1)Records. For the protection of the agency staff and the children under care, the following records must be kept, and should be revised frequently to keep them up to date. Although another agency may have complete records on the children, information must be kept on file for emergency purposes. Only authorized persons may have access to case records. Case records must include:

(a)Identifying Information 1.Name of each child, date, and place of birth. 2.Full name, home address(es), telephone number(s), work address(es), and work telephone number(s) of parents. 3.Name, address, and telephone number of a competent adult who can assist in an emergency, e.g next of kin, other relative, DHS, etc. 4.Name, address, and telephone number of a physician to use in case of an emergency.

(b)Intake/Pre-Admission Study (Refer to 0250-4-5-.12 Emergency Shelter Care for exception).

(c)Health Information must include: 1.A report of each child’s initial physical examination; current immunization record; and record of ongoing care received while in the home. 2.Written permission for the agency staff to obtain emergency medical care must be signed by the person legally responsible for the child. (Refer to Emergency Shelter Care for exception). 3.Information regarding coverage for medical expenses, e.g., insurance, medicaid, etc.

(d)Foster Care Plan. There must be a written plan for each child in care and appropriate follow-up reporting as mandated by the Foster Care Review Law. (Refer to Appendix C and to 0250-4-5- .12 Emergency Shelter Care for exception).

(e)Length of Stay. There must be information about the length of a child’s stay in the group home and his/her release from care. (Refer to Emergency Shelter Care for exception).

(f)School Records. There must be documentation of school involvement for the time the child is in the care of the agency. (Refer to Emergency Shelter Care for exception).

(g)Narrative recording dated and signed by the appropriate worker indicating significant activity on the case.

(h)Relevant legal documents and correspondence.

(2)Availability of Records.

(a)All required records must be available upon request to any authorized agent of the Department.

(b)The records must be stored in a locked, fire resistant file and must be handled confidentially.

(3)Reports. Reports of the following must be made to the Department within the time specified:

(a)Monthly statistical report - monthly statistical reports must be completed by every agency on forms provided by the Department.

March, 1999, (Revised)

(b)Annual report - each child care agency must submit to the Department an annual report on a form which will be provided by the Department.

(c)Change in location - at or prior to the time of change.

(d)Death, or life-threatening injury to any child in the child care agency - immediately.

(e)All major emergency situations must be reported as soon as possible.

(4)Posting of License. A license to operate a residential child-caring agency of family boarding homes must be posted. No child care facility may give care at any one time to more children than the number specified on the license, except in emergency situations, as provided in rule 0250-4-5-.12 (1).

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104; 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule filed April 4, 1979; effective May 21, 1979. Repeal and new rule filed December 30, 1986; effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.10 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.11 REQUIREMENTS FOR WILDERNESS CAMPS

Wilderness Camps must comply with the standards set forth in this section in lieu of sections 0250-4-5-.09 (Physical Facilities and Appendices A and B.)

(1)Campsite. All sites selected for the purpose of a wilderness program must meet the following criteria:

(a)There must be a minimum of one acre per child.

(b)The topography must be such that standing water conducive to the breeding of mosquitoes and other safety hazards is not allowed to collect.

(c)Areas must be selected that prevent offensive conditions and safety hazards.

(d)Debris, noxious plants, and uncontrolled weeds and brush must not be present.

(e)A space to pursue appropriate recreational activities must be available.

(2)Health and Sanitation (a)All Wilderness Camps must be approved by the Tennessee Department of Health and Environment and must meet conditions set forth in the State of Tennessee Camp Sanitation Act and its regulation (T.C.A. §68-28-103) prior to becoming operative and annually thereafter.

(b)A water supply approved by the Tennessee Department of Health and Environment prior to operation of the facility must be available. Annual inspection of this system conducted by the Tennessee Department of Health and Environment must be required thereafter.

(3)Bathroom and Laundry Facilities (a)Bathing, handwashing, and toileting facilities must be adequately housed and approved by the Tennessee Department of Health and Environment. The facilities must be well maintained at all times. Separate facilities must be available to males and females.

(b)Bathroom facilities must meet conditions set forth in the State of Tennessee Camp Sanitation Act and its regulations. T.C.A. §68-28-103.

(c)Laundry Facilities. If not otherwise provided, on sight facilities must be available and supplied with hot and cold water under pressure.

(4)Fire Prevention March, 1999, (Revised)

(a)All Wilderness Camps must be approved by the Tennessee Department of Insurance, Fire Safety Division prior to becoming operative. Annual Fire Safety inspections in accordance with state regulations must be conducted. Documentation of each inspection must be provided.

(b)The facility must have written fire safety procedures which must include provision of regular fire drills and documentation of each drill.

(5)Housing (a)All permanent buildings must meet appropriate state and local codes.

(b)All habitable, common use rooms, yard areas, and pathways shall be provided with adequate lighting fixtures.

(c)Temporary Housing. All housing must be approved by the Tennessee Department of Insurance, Fire Safety Division, Tennessee Department of Health and Environment and all applicable zoning codes. 1.Temporary housing must be structurally sound, sanitary, and provide protection to the occupants against the elements. 2.Housing shall have floor surfaces constructed to prevent the entrance of ground and surface water. 3.An upper story, attic, or loft shall not be used for sleeping. 4.Sleeping areas shall be protected against admittance of flies and mosquitoes. 5.Bedding provided at the campsite shall be clean and sanitary. 6.Linens shall be changed as often as required for cleanliness and sanitation, but not less frequently than once a week. 7.Adequate personal storage areas shall be available for each resident. 8.Males and females shall not share the same sleeping unit. 9.Counselors are permitted to sleep in housing with residents but each temporary housing unit must be limited to 6 persons.

(d)Permanent Structures. Permanent structures must be provided for infirmary purposes, administrative purposes and must serve as a refuge in hazardous conditions. They must meet requirements set forth by the Tennessee Department of Insurance, Fire Safety Division and the Tennessee Department of Health and Environment.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104; 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule filed April 4, 1979; effective May 21, 1979. Repeal and new rule filed December 30, 1986; effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.11 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-05-.12 REQUIREMENTS FOR EMERGENCY SHELTER CARE

The general requirements which pertain to the care of children prescribed under the other sections of these standards shall be met with the following exceptions:

(1)0250-4-5-.06 (1) (b) Emergency Capacity. It is allowable for an agency to exceed its licensed capacity in cottages, in an emergency situation when a resident seeks admission during those hours when traditional social agencies are not in operation and for the agency to provide sanctuary while plans are made to reduce the number of children to within the agency maximum. In these cases, the emergency provision shall not allow for exceeding the maximum capacity of the cottage, by greater than 25% of its licensed capacity for no more than seven (7) days of the month. It is essential in all cases that adequate sleeping facilities be provided for all children in the agency.

March, 1999, (Revised)

(2)0250-4-5-.06 (1) (c) Children under 5 years of age may be served in emergency shelter care.

(3)0250-4-5-.06 (3) 7. Roles, responsibilities of all involved parties are not required to be set forth nor is an explanation of parental rights required upon emergency placement; however, if placement exceeds 30 days, provisions of the Foster Care Review Law must be met. (Refer to Appendix C).

(4)0250-4-5-.07 (6). For children coming into emergency care, an interval health history must be completed immediately. These children must have a physical examination within five (5) working days of the emergency placement.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-101 through 14-10-130; 37-1-603; 37-1-612; 37-5-101; 37-5-105; 37- 5-106 and 37-5-112(a).
• Administrative History: Original rule filed April 4, 1979; effective May 21, 1979. Repeal and new rule filed December 30, 1986, effective February 13, 1987. Amendment filed July 31, 1987; effective September 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4-5-.12 filed and effective March 25, 1999. March, 1999, (Revised)

Tenn. Comp. R. & Regs. 0250-04-05-.13 APPENDICES

APPENDIX A

LIFE SAFETY CODE 101

Section 11-1. General Requirements 11-11Occupant Load and Exit Capacity 11-111Occupant Load 11-111.* The occupant load of residential occupancies in number of persons for whom exits are to be provided except in 1- and 2-family dwellings shall be determined on the basis of 1 person per 200 square feet gross floor area, or the maximum probably population of any room or section under consideration, whichever is greater. The occupant load of any open mezzanine or balcony shall be added to the occupant load of the floor below for the purpose of determining exit capacity. 11-112.Capacity of Exits 11-1121.Exits, arranged as specified elsewhere in this Section of the Code, shall be sufficient to provide for the load in numbers of persons as determined in accordance with 11-11 11, on the following basis:

(a)Doors, including those 3 risers or 24 inches above or below ground level. Class-A ramps and horizontal exits - 100 persons per unit of exit width.

(b)Stairs and other types of exits not included in (a) above - 75 persons per unit of exit width. 11-113.Maintenance of Exits. 11-1131.No door in any means of egress shall be locked against egress when the building is occupied.

SECTION 11-14. Dormitories 11-41.General 11-4111. Any dormitory complying with all the requirements for hotels may be accepted as such in which case the following provisions of Section 11-4 will not be applicable. 11-4112. Any dormitory divided into suites of rooms, with l or more bedrooms opening into a living room or study which has a door opening into a common corridor serving a number of suites, shall be classed as an apartment building. As such, the dormitory shall be subject to all requirements of Section 11-3, and the following provisions of Section 11-4 will not be applicable.

Exception:The requirements of 11-4331 shall apply. 11-42.Exit Details 11-421. Types and Capacity of Exits II -4211. Exits of the same types and capacities as required for hotels (see 1-22) shall be provided.

Exception: Each street floor door shall be sufficient to provide 1 unit of exit width for each 50 persons capacity of the street floor, plus 1 unit for each unit of required stairway width discharging through the street floor. 11-4212. Travel distance, access to exits, lighting and signs in dormitories shall comply with the following:

(Rule 0250-4-5-.13, Appendix A, continued)

March, 1999, (Revised) 11-4221. Exits shall be so arranged that it will not be necessary to travel more than 100 feet from any point or 150 feet in a building protected by automatic sprinklers in accordance with section 6-4, to reach the nearest outside door or stair, nor to traverse more than a 1-story flight of inside, unenclosed stairs. 11-425. Access to Exits 11-4251. Any dormitory not otherwise covered under 11-41-11 and 11-4112 shall have exits so arranged that from any sleeping room or open dormitory sleeping area there will be access to 2 separate and distinct exits in different directions with no common path of travel.

Exception:One means of exit may be accepted where the room or space is subject to occupancy by not more than 10 persons and has a door opening directly to the outside of the building at street or ground level or to an outside stairway. 11-424. Lighting and Signs 11-4241. Every dormitory shall have lighting in accordance with Section 5-10. 11-4242. Any dormitory, subject to occupancy by more than 100 persons, shall have emergency lighting in accordance with Section 5-10 and exit signs in accordance with Section 5.11. 11-43.Protection 11-431.Protection of Vertical Openings 11-4311. Every exit stair and other vertical opening shall be enclosed or protected in accordance with Section 6-1.

Exception No. 1: In existing buildings not more than two stories in height or any type of construction, unprotected openings may be permitted by the authority having jurisdiction if the building is protected by automatic sprinklers in accordance with Section 6-4.

Exception No. 2: If every sleeping room or area has direct access to an outside exit without the necessity of passing through any corridor or other space exposed to any unprotected openings may be permitted by the

authority having jurisdiction. 11-432.Interior Finish 11-4321. All interior finish of dormitories shall be Class A or B in exits, in lobbies and in corridors, and Class A, B, or C elsewhere, in accordance with Section 6-2. 11-433.Alarm Systems 11-4331. Every dormitory shall have a manual fire alarm system in accordance with Section 6-3.

Exception No. 1: Buildings equipped with an automatic sprinkler system in accordance with Section 6-4.

Exception No. 2: Buildings equipped with an automatic fire detection system in accordance with Section 6- 3. 11-44.Building Service Equipment 11-441.Air Conditioning and Ventilation 11-4411.Every air conditioning installation shall comply with Chapter 7.

(Rule 0250-4-5-.13, Appendix A, continued)

March, 1999, (Revised) 11-4412. Transoms shall not be installed in partitions of sleeping rooms in new buildings. In existing buildings transoms shall be fixed in the closed position and shall be covered or otherwise protected to provide a fire-resistance rating at least equivalent to that of the wall in which they are installed.

APPENDIX B

ENVIRONMENTAL STANDARDS FOR CHILD CARE INSTITUTIONS

(A)Food Sanitation - Food service under a child-caring facility shall be considered a single food service operation whether operated as a central dining facility or in multiple units of that facility.

Facilities shall comply with state, and local food service codes, or regulations where applicable; otherwise the following standards shall be met for food sanitation:

(1)All food shall be from sources approved or considered satisfactory by the health authority. The use of hermetically sealed containers (home canned food) is prohibited.

(2)All milk and fluid milk products including dry milk and dry milk products shall be from a Grade A pasteurized source.

(3)Raw fruits and vegetables shall be washed before being cooked or served.

(4)Poultry, poultry stuffings, stuffed meats and stuffings containing meat shall be cooked to heat all parts of the food to at least 165°F with no interruption of the cooking process. Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150°F.

(5)If a family style feeding process is used at a facility, all leftover food from the eating table shall be discarded. Milk and food used in family style feeding shall not be placed on the dining table longer than 15 minutes prior to beginning of meal. Food intended for family style feeding that has not been placed on the dining table and maintained at acceptable temperatures may be used at another meal, provided it is covered, refrigerated properly, reheated properly and used promptly.

(6)Potentially hazardous foods requiring cold storage shall be maintained at 45°F or below, and accurate thermometers shall be kept in the refrigerators. Potentially hazardous foods requiring hot storage shall be at an internal temperature of 140’F or above. Frozen foods shall be maintained at a temperature of 10°F or below. Thermometers are required in all freezers and all other cold storage equipment.

(7)Milk and other potentially hazardous foods shall be kept in the proper temperature ranges, and be protected properly, except during necessary periods of preparation.

(8)All foods including dry foods shall be stored in a manner to prevent possible contamination, and permit easy cleaning or the storage area. Containers or food shall be stored a minimum of 6 inches above the floor or on movable dollies.

(9)All food shall be protected from contamination during storage, preparation, transportation and serving.

(10)No poisonous or toxic materials except those required to maintain sanitary conditions and for sanitization purposes may be used in the food service operation.

Poisonous and toxic materials shall be identified, stored and used only in such manner, and under such conditions as will not contaminate food or constitute a hazard to population of a facility.

(Rule 0250-4-5-.13, Appendix B, continued)

March, 1999, (Revised)

(11)All equipment and utensils shall be so designed and constructed of such material and workmanship as to be smooth, easily cleanable, and durable. Equipment and utensils shall be in good repair.

(12)The food-contact surfaces of equipment and utensils shall be easily accessible for cleaning, and be of nontoxic, corrosion resistant, and non-absorbent materials.

(13)All equipment shall be installed and maintained to facilitate the cleaning thereof, and of all adjacent areas.

(14)All eating and drinking utensils shall be thoroughly cleaned and sanitized after each use with the exception of single service utensils which shall be discarded following use.

(15)Single-service articles shall be made from nontoxic materials and shall be stored, handled and dispensed in a sanitary manner.

(16)All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food-storage utensils, shall be thoroughly cleaned and sanitized after each use.

(17)Cooking surfaces of equipment shall be cleaned at least once a day.

(18)All utensils and food-contact surfaces of equipment used in the preparation, transportation, service display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized after each use.

(19)Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of material and in such repair as to be easily maintained in a clean and sanitary condition.

(20)All food-contact surfaces of equipment and utensils shall be stored and handled by methods that protect them from contamination by splash, dust and other means.

(21)In facilities defined by the Department of Children’s Services as existing, a two compartment sink can be used for washing and rinsing utensils, provided an additional container or sink be used for sanitization of the utensils. For facilities defined by the Department of Children’s Services as new, a three compartment sink is required when manual dishwashing procedures are utilized for washing, rinsing and sanitization of utensils.

Domestic type dishwashing machines are acceptable provided the temperature at the utensil surface be 160°F after the end of one complete cycle. If 160°F is not obtained at the end of one complete cycle, an additional sanitizing rinse for utensils shall be provided in a separate container or sink.

Facilities which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.

(B)Water Supply (1)The drinking water supply serving child care facilities shall be from a source approved by the health authority having jurisdiction.

(Rule 0250-4-5-.13, Appendix B, continued)

March, 1999, (Revised)

(2)There shall be sufficient hot and cold water under pressure to supply the daily needs of a child care facility.

(3)An approved drinking fountain or individual single service papercups shall be provided in rooms or adjacent to rooms regularly occupied by the residents.

(4)All equipment shall be clean and in good repair.

(C)Sewage Disposal and Plumbing (1)A private sewage disposal system at a facility shall be operating satisfactorily.

(2)When the private sewage disposal system at an existing facility fails and where a public sewage system is available, the facility shall be connected.

(3)All plumbing shall be installed to prevent the possibility of cross connection, back siphonage, or sewage leaks.

(D)Solid Waste (1)An adequate number of suitable storage containers approved by local health authorities shall be provided and shall be kept clean and in good repair.

(2)Garbage and refuse storage areas shall be kept clean.

(3)Storage containers, other than bulk, shall be secured properly to prevent spillage.

(4)Garbage deposited in outside bulk storage shall be in flytight containers (example, plastic bags).

(5)All garbage shall be removed from the building daily.

(6)Garbage and rubbish shall be collected from the premises at least twice weekly.

(7)At facilities where twice weekly collection is not provided, all garbage and rubbish shall be disposed of in a manner acceptable to the health authority having jurisdiction (supplement collection by individual hauling, acceptable burying, etc.)

(8)Combustible rubbish may be burned, provided such burning meets all local and state laws and regulations relative to incinerators, incineration, and air pollution.

(E)Toilets, Handwashings and Bathing (1)One flush toilet, one handwashing facility and one tub or shower, for every four (4) children shall be provided.

(2)All facilities shall be approved, in good repair and clean.

(3)A tightly covered container with plastic liner shall be used for diaper disposal and stored inaccessible to children. This container shall be emptied a minimum of twice daily by closing the liner and disposing of it into an outside garbage receptacle.

(4)There shall be soap, hot and cold water under pressure, and individual towels provided wherever a handwashing lavatory is located.

(5)Personnel shall exercise good handwashing practices following diaper changes, the assistance of children in toilet use and personal toileting.

(6)Proper adult supervision shall be exercised for use of toilet and handwashing facilities.

(7)Toilet tissue shall be provided on tissue holder at each commode.

(Rule 0250-4-5-.13, Appendix B, continued)

March, 1999, (Revised)

(8)Handwashing and bathing water for children shall be provided under pressure at a temperature of at least 90°F and not greater than 120°F without manual adjustment of the faucets.

(F)Buildings (1)STRUCTURE (a)The building foundation, roof, walls, and window frames shall be free of visible cracks and unsealed openings to prevent entrance of insects and rodents.

(b)Buildings shall be kept clean, in good repair and painted when necessary.

(c)Gutters and down spouts shall be kept clean and in good repair.

(2)MATERIALS

(a)Facilities having any presence of friable asbestos shall have a written plan approved by Department of Health and Environment for providing acceptable measures of control.

The plan is to include a time frame not to exceed 5 years. This plan is to be on file with the Department of Health and Environment.

(3)FLOORS

(a) Floors shall be clean, and in good repair.

(4)WALLS AND CEILINGS

(a)Walls and ceilings shall be kept clean and in good repair.

(5)DOORS AND WINDOWS

(a)All doors and windows shall be kept clean and in good repair (this includes screens when used).

(b)Windows shall be openable unless the room is air conditioned.

(c)All windows used for ventilation shall be screened unless building is air conditioned.

(6)BEDDING

(a)Where provisions are made for staying at a facility overnight, each occupant shall be provided an individual bed with acceptable mattress and waterproof cover, springs, clean linen, and clean cover.

(b)Where children are kept at least six hours but not overnight, individual cots or other approved bedding with minimum 2-inch thickness shall be provided and kept clean and in good repair. Clean covers are also necessary.

(c)Clean individual floor mats for napping may be used instead of cots. Spacing shall be adequate to promote freedom of movement (approximately two (2) feet between cots and mats).

(7)LIGHTING

(a)Natural and/or artificial lighting shall be distributed throughout the child care facility at the following ratio:

(1)Classroom and playroom - 25 foot candles.

(Rule 0250-4-5-.13, Appendix B, continued)

March, 1999, (Revised)

(2)Food preparation surfaces, food service equipment or utensil-washing work levels, food service utensil and equipment, storage areas and in lavatory and toilet areas - 20 foot candles.

(3)Walk-in refrigeration units, dry food storage areas, other storage areas, and halls- 10 foot candles.

(8)HEATING AND VENTILATION

(a)All rooms used by children shall be heated by a system capable of maintaining a temperature of 68°F.

(b)When the outside temperature is 65°F or below, the temperature at child height within the facility shall be no lower than 65°F nor higher than 75°F.

(c)Stoves, hot radiators, steam and hot water pipes or other heated objects and electrical outlets in rooms used by children shall be adequately protected by screens, guards, insulation, or any suitable means than will protect children from coming in direct contact with them.

(d)Heat and ventilation units shall be clean and in good repair.

(G)Insect and Rodent Control (1)The facility shall be reasonably free from flies, other insects and breeding sites.

(2)Screens which are approved and in good repair shall be provided for all doors and windows used for ventilation purposes.

(3)When air conditioning is used, doors and windows shall be kept closed.

(4)The facility shall be free of rodents.

(5)There shall be no rodent harborage areas.

(6)Proper supervision and caution shall be exercised according to label directions when applying approved insecticides and rodenticides.

(H)Safety (1)Pesticides, medicines, polishes, disinfectants, and cleaning compounds shall be stored in a manner approved by the local health authority.

(2)Sturdy safety rails shall be provided for ramps and steps where there are three or more risers.

(3)Bathtubs, if used, shall be provided with safety strips or mats.

(4)Glass in hazardous locations in the facility shall be shielded when safety glass is not used.

Broken glass objects shall not be permitted in any part or the building or on grounds.

(5)All furniture shall be of durable construction, free of sharp projecting corners or surfaces and in good repair.

(Rule 0250-4-5-.13, Appendix B, continued)

March, 1999, (Revised)

(6)Grounds shall be free or hazards that are likely to cause falls.

(7)Buildings and grounds shall be free of any unprotected, abandoned well, cistern, refrigerator or similar hazards.

(8)Fencing, or other acceptable barriers, shall be provided for hazardous drainage ditches, cliffs, bluffs or other similar hazards.

(9)Grounds shall have adequate drainage.

(10)Adequate barriers. such as fencing, shall be provided and supervision exercised to prevent children from running on driveways, streets, or highways where a traffic hazard exists.

(II)All play equipment shall be safe and In good repair.

(I)Swimming Pool (1)Facilities located in municipalities or counties that have an adopted swimming pool ordinance or regulations shall comply with said ordinance or regulation, where applicable.

(2)Facilities located in municipalities or counties that do not have an adopted swimming pool ordinance or regulation shall comply with the Hotel, Food Service Establishment and “Public Swimming Pool Inspection Act of 1985”, where applicable.

(3)Facilities utilizing a swimming pool on-site or at another location shall be assured of an approve lifeguard, or the number of guards required, on duty.

(J)Control of Animals (1)If live animals or birds are kept in classrooms as pets, they shall be caged; cages shall be kept clean. (Turtles shall not be kept as pets because (a) a proper environment is elaborate and difficult to achieve and (b) they are carriers of salmonella.)

(2)In all cases animals and birds shall not be allowed in areas of food storage, preparation, or service.

(3)Pets requiring vaccination against rabies shall be currently protected, evidence of which shall be on file.

APPENDIX C

PROVISION OF THE FOSTER CARE REVIEW LAW

(a)Preparation of the Plan 1.This plan must be prepared within 30 days of placement. The date of placement is defined as the original date on which the child is physically placed in foster care. 2.The plan must include a goal for each child of;

(i)Return of the child to the parent (ii)Adoption (iii)Permanent foster care (iv)Placement of the child with relatives (Rule 0250-4-5-.13, Appendix C, continued)

March, 1999, (Revised)

(v)Emancipation by marriage, court order, or the age of majority. 3.The plan shall include a statement of responsibilities between the parents, agency, and caseworker of the agency. The responsibilities of each party should be specific and related to the achievement of the specified goal. 4.The initial plan must include tire definitions of abandonment contained in sections 36-1-102 (1) and 37-1-102 (1) and the criteria and procedures for termination of parental rights. Each party shall sign the statement and be given a copy of it. 5.Substantial noncompliance by the parent with the statement of responsibilities in the plan provides grounds for the termination of parental rights notwithstanding other statutory provisions for termination of parental rights and notwithstanding the failure of the parent to sign or to agree to such statement if the court finds that the parent was informed of its contents, and that the requirements of the statement are reasonable and are related to remedying the conditions which necessitated foster care placement. 6.At a hearing in which a court orders a child to be placed in foster care; the judge determines whether a foster care plan has been prepared and whether the statement of responsibilities has been agreed upon by the parties. If a statement has been agreed upon by the parties, the court shall review it and approve it if the court finds it to be in the best interest of the child. If a plan has not been prepared or parties have not agreed to a statement of responsibilities, the court may continue the hearing for such time, not to exceed 30 days as may be necessary to give the parties an opportunity to attempt to agree upon a suitable plan, which may then be approved by the court without a further hearing if the court finds the plan to be in the best interest of the child. 7.Out-of-state children are subject to the same review as in-state children. The court of jurisdiction will be the county in which the child is placed.

(b)Disposition of the Plan. The plan is to be submitted to the juvenile court having jurisdiction over the child. If no juvenile court has jurisdiction over the child, then the plan is to be submitted to the juvenile court in the county in which the child is placed.

(c)Annual Update. All plans are subject to modification and shall be reevaluated and updated at least annually except when a long-term agreement has been made and approved by the court.

(d)Foster Care Reports 1.In addition to the required Foster Care Plan mentioned above, each agency shall submit to the appropriate court or foster care review board a report for each child in its care on progress made in achieving the goals set forth in the plan. 2.The agency must submit a monthly listing of cases to the court to be reviewed. Each child must be reviewed no less often than every 6 months by either the board or the court. 3.Such reports shall be prepared by the agency having custody of the child within six months of the date of foster care placement and no less frequently than every six months thereafter for as long as the child remains in foster care. 4.Unless parental rights have been surrendered or terminated, a copy of this report shall be provided to the parent(s) of the child at the time it is provided to the court or board.

(Rule 0250-4-5-.13, Appendix C, continued)

March, 1999, (Revised) 5.Parents must be notified of the date, place, and time of the hearing. 6.A report of the findings of the hearing or review must be provided to the parent(s).

(e)Monitoring of Foster Care Plans and Reports. It shall be the responsibility of all licensed or approved child-caring agencies to insure that foster care plans and reports are prepared and submitted as directed by state law.

(f)18 Month Hearing 1.In addition to the above-mentioned foster care plans and reports, the agency must request a hearing within 18 months of the date of foster care placement for each child in foster care. 2.Except in cases where the court has approved a long-term foster care agreement, as long as the child remains in foster care, subsequent hearings must be requested no less frequently than every 18 months thereafter for all children except those to whom the parental rights of both parents have been surrendered or terminated and no less frequently than every thirty-six (36) months thereafter for those children to whom such parental rights have been surrendered or terminated.

(g)Cessation of Review. Foster care shall cease at such time as the child is placed with an individual or individuals for the purpose of the child’s adoption by the individual or individuals or at such time as a petition to adopt is filed, whichever occurs first, or at such time as a child is returned to or placed in the care of a parent or relative, emancipated or reaches the age of majority.

March, 1999, (Revised)

APPENDIX D

FOOD AND NUTRITION

The following meal patterns and serving sizes will furnish the child’s daily dietary needs. Unless changes or adjustments in these patterns are made with the assistance of a nutritionist, dietitian, or physician, they will not be considered as meeting the Recommended Daily Dietary Allowances.

IBreakfastServing Size +________________ Meal Pattern Preschool6 - 12 years 13 - 18 years ___________________________________________________________ Meat and/or Alternate’ One of the following or combinations to give equivalent quantities:

Meat1- 2 ounces2 ounces3 ounces Cheese1- 2 ounces2 ounces3 ounces Egg111 Cereal¼ -1/2 c u p1/2cup - 1cup Fruit, full strength fruit or vegetable1/3 1/2 c u p1/2cup1/2 1cup juice (may be served at morning snack)

Bread’1 slice1 slice1 3 slices Fortified Margarine or butter’1 teaspoon1 teaspoon1 2 teaspoons Milk - may be on cereal or to drink3/4cup1cup1 1 1/2cups II.Mid-day and/or Evening MealsServing Size ___________________________________________________________ Meal PatternPreschool6 - 12 years 13 - 18 years ___________________________________________________________ Meat and/or Alternate’ One of the following or combinations to give equivalent quantities:

Meat, Poultry, Fish1- 2 ounces2 ounces3 ounces Cheese1- 2 ounces2 ounces3 ounces Egg’111 Cooked Dried Beans or Peas’2 teaspoons3 - 4 tablespoons 4 - 5 tablespoons Peanut Butter’2 tablespoons3- 4 tablespoons 4 - 5 tablespoons Vegetable and/or Fruit (see IV.)1/2cup3/4cup1 - 1 1/2cup Bread’1/2 - 1 slice1 slice1 - 3 slices Fortified Margarine or butter’1 teaspoon1 teaspoon 1 - 2 teaspoons Milk3/4 - 1cup1cup1 -1 1/2cup Additional foods to complete the meal, such as other vegetables, rice, macaroni, noodles, or spaghetti may be added and/or simple desserts such as fruit, puddings, ice cream, fruited-gelatin desserts or custards may be used.

Footnotes for I. and 11. ‘When a range is given. the smaller amounts are suggested for girls and the larger amounts for older boys. An amount midway between the amounts show is suggested for younger boys. ‘Bacon has very little nutritive value and should not be used as a meat and/or alternate. ‘When egg is served as a main dish, use in addition a half portion of meat or other meat alternate for children. except for preschool children. ‘Or a serving of biscuits, muffins, rolls, cornbread, etc., made of whole grain or enriched meal or flour. ‘May be used on bread or in food preparation. ‘Dried beans. peas, or peanut butter should not be used more than one or two times a week as an alternate. should include at least two kinds (Rule 0250-4-5-.13, Appendix D, continued)

III.Snacks - Due to the small appetite and small volume or food consumed by preschool children, snacks for preschool children should be offered in accordance to the snack pattern below. Due to the need for adequate fluid and calorie intake, snacks are recommended for children of 6 18 years. Caution should be exercised in serving snacks to overweight children. Generally, some foods that are a part of the standard meal pattern can be removed from that pattern and served at snacktimes. Fluid intake between meals for all children should be provided.

Serving Size PatternsPreschool6 - 12 years 13 - 18 years _________________________________________________ Morning Fruit or Vegetable or Full-Strength Fruit or MilkV.cup½ - 1cup¼ - 1cup1 - 1 ½ cups Bread Product’½ - 1 slice1 slice1 - 3 slices Afternoon Fruit or Vegetable Juice or Milk½cup½ - 1cup1 - 1 ½ cups Bread Product’½ - 1 slice1 slice1 - 3 slices Bedtime Fruit or Vegetable Juice or Milk½cup½ - 1cup1 - 1 ½ cups Broad Product’½ - 1 slim½ slice1” slices Snacks provided should be simple, nourishing, and planned as part of the day’s food allowance. Carbonated drinks, fruit aides, synthetic fruit flavored drinks, and candy should not beserved as snack foods. Real juice will be labeled “juice” and not as fruit drink or juice drink.

IV.Food Sources of Vitamins A grid C grid Iron To help meet the daily nutritional needs, meals and snacks should include iron-rich food sources as often as possible, a vitamin C-rich food every day, and a vitamin A-rich food three or more times a week.

FOOD SOURCES OF IRON

(1 or more daily)

High Iron Cereals Buc WheatsFarinaMalt-O-Meal ConcentrateKabooms (sugar-coated)Product 19 Cream of WheatKing Vitaman (sugar-coated)Total Other Iron-Rich Foods Dried Beans & PeasKidneySpinach Enriched BreadsLean, Red MeatsMustard and Turnip Greens Green Lime, BeansLiverRaisins and other dried fruits HeartLiverwurst Footnotes far III.

When a range is given, the smaller amounts are suggested for girls and the larger amounts for older boys. An amount midway between the amounts shown is suggested for younger boys.

May be crackers, simple cookies (without frosting .or filling), biscuits,. muffins, rolls, cornbread, small sandwiches, etc., made of whole grain or enriched meal or flour.

Foods, In addition to these patterns, may also be served, depending on he individual’s needs. Foods, such as fruit, sandwiches, ice cream. milk drinks, puddings,. fruited-gelatin, etc., may be added for supplemental nutrition.

(Rule 0250-4-5-.13, Appendix D, continued)

FOOD SOURCES OF VITAMIN A

(1 or more times per week)

Acorn, Butternut orBroccoliChard or Hubbard SquashCantaloupeCollard, Dandelion, Turnip or Apricots or NectarCarrotsMustard Greens Green PepperPumpkinSpinach KaleSoups (commercially prepared):Sweet Potatoes Liver Vegetable-Beef or Tomatoes or Juice Yams Vegetarian Vegetable FOOD SOURCES OF VITAMIN C (3 serving every day)

BroccoliCauliflowerOranges or Juice Brussels SproutsGreen PepperStrawberries Cabbage (raw)SpinachTangerines or Juice Collard, Kale, Mustard, orCantaloupeTomatoes or Juice Turnip GreensGrapefruit or Juice

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-10-104(5); 14-10-124; 36-102(1); 37-5-101; 37-5-105; 37-5-106; 37-5- 112(a); 37-202(1) and 37-1501 through 37-1511.
• Administrative History: Original rule filed December 30, 1986; effective February 13, 1987. Rule assigned a new control number, removed and renumbered from 1240-4- 5-.13 filed and effective March 25, 1999.

Chapter 0250-04-06 Reserved

Tenn. Comp. R. & Regs. 0250-04-06 Reserved

RULES

OF TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

STANDARDS FOR REGULATED INSTITUTIONS

Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106 and T.C.A. §37-5-112(a). Administrative History:

Chapter 0250-4-6 have been established as a new control number for renumbered Chapters transferred from 1240- Department of Human Services filed and effective March 25, 1999. -- 1 of 1 --

Chapter 0250-04-07 Standards for Maternity Homes

Tenn. Comp. R. & Regs. 0250-04-07-.01 LEGAL BASIS FOR LICENSING

(1)GENERAL: The legal basis for licensing is contained in T.C.A. §§71-3-501 through 71- 3-531.

(2)DEFINITIONS: For the purpose of clarification the following definitions are given and will hereafter be used:

(a)Maternity home shall mean any place in which any person, society, agency, corporation, or facility receives, treats or cares for more than one (1) illegitimately pregnant woman, either before, during, or within two (2) weeks after childbirth. Provided, however, that licensed childplacing agencies and licensed maternity homes may use family boarding homes approved and supervised by the agency, as a part of its work, for as many as three (3) pregnant women in each home and provided, further, that the provisions of this definition shall not include women who receive maternity care in the home of a relative within the sixth degree of kindred computed according to civil law or general, or special hospitals licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children only brief and incidental. T.C.A. §71-3-501.

(b)Department - The Tennessee Department of Children’s Services.

(c)Commissioner - The Commissioner of the Department of Children’s Services.

(d)Staff - Full-time and part-time employees.

(e)Law - T.C.A. §§71-3-501 through 71-3-531.

(f)License - A yearly permit issued to a maternity home. Licensing is based on achievement in meeting minimum standards developed and published by the department.

(3)BASIS FOR APPROVAL FOR LICENSE: All child welfare agencies, as defined in T.C.A. §71-3- 501, shall be licensed annually by the department, said license to be based on standards developed and published for each child welfare agency in accordance with the following six (6) points of excellence:

(a)The present need for the proposed child welfare agency;

(b)The good character and intention of the applicant;

(c)The adequate financing of the organization;

(d)The capability, training and experience of the workers;

(e)The facilities for and the methods of care provided and the consideration of the best interest of the child and the welfare of society in any placements of children to be made; and (f)The probability of permanence of the child welfare agency.

(4)LICENSING PROCEDURE:

(a)Conditional License Fees: Application for license shall be made to the department upon blanks furnished by it. Upon receipt of the application for a license, the department shall issue the applicant agency a conditional license which shall be valid for a period of ninety (90) days from the date of issuance; provided, that the staff and facility do not present any apparent hazards to any children that may be in care and that the facility has received fire safety and environmental sanitation approval. A processing fee of ten dollars ($10) shall be submitted with the application.

(b)Issuance of Annual License. If at the end of the ninety (90) day period set forth above, evidence is provided by the applicant/licensee that the child welfare agency is suitable and properly managed as such, the department shall issue such agency a license which shall be valid for a period of one (1) year; provided, however such license may at any time be revoked by the department on ninety (90) days notice being given to the licensee, or such license may be immediately suspended by the department, as provided by law, if the public health, safety, or welfare imperatively so requires. The notice shall contain the cause of the revocation. The licensee may upon written request filed with the commissioner within ten (10) days of the mailing of the notice of revocation, receive a hearing before the board of review, with such hearing to be held within the ninety (90) day period set out in the notice of revocation.

(c)When an application for a license has been denied or a license has been revoked on one occasion, the agency may not reapply for a period of sixty (60) days from the date of the denial or revocation. If such license has been denied or revoked on two (2) occasions, the agency may not reapply for a period of six (6) months. If such license has been denied or revoked on three (3) or more occasions, the agency may not reapply for a period of twelve (12) months. The department may waive the time restrictions herein upon a showing by the agency to the satisfaction of the department that the agency has corrected the deficiencies which led to the denial or revocation.

(d)Upon written notice to the applicant that a request for license has been denied, such applicant may request a hearing before the board of review. Such request must be made in writing and must be filed with the commissioner within ten (10) days of the mailing date of the notice of denial. Such hearing must be granted at the next regular meeting of said board of review provided, however, that no longer than sixty (60) days shall elapse after such request and before such hearing.

(e)Any child welfare agency, as defined in T.C.A.§71-3-501 operating without being so licensed by the department, shall be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200) for each such offense. Each day of operation without a license shall constitute a separate offense.

(f)It shall be the duty of the department, through its duly authorized agents, to inspect at regular intervals without previous notice all child welfare agencies, as defined in T.C.A. §71-3-501, within the state. It is given right of entrance, privilege of inspection, access to accounts and records, information regarding the whereabouts of children under care for the purpose of ascertaining the kind and quality of work done to obtain a proper basis for its decisions and recommendations. Any violation of the rights given in this section shall be a misdemeanor.

(g)Notwithstanding the provisions of T.C.A. §71-3-527, the department shall have the following

authority and responsibilities in any case in which the department receives a report of harm in accordance with chapter 4 or chapter 6 of Title 37 of T.C.A.. 1.The department shall have the authority and responsibility to fully investigate in accordance with the provisions or chapter 4 or chapter 6 of Title 37 any allegation of abuse, neglect, or sexual abuse which it receives regarding any child or children in the care of any agency or person whether or not such agency or person is subject to licensure hereunder. In the conduct of such investigation, the department shall be granted access to the records of all children in the care of the person or agency and personnel files ofthe director and all employees of the person or agency, shall be allowed to inspect all premises in which children are kept or cared for and shall be allowed to interview any and all children in the care of such person or agency if the department determines such interviews are necessary. 2.If the department determines that abuse, neglect, or sexual abuse has occurred and the person or agency fails to take appropriate action to prevent future abuse, neglect, or sexual abuse, the department shall take such action as may be necessary to revoke, suspend, or deny the agency’s license. If the person or agency is not licensed or not subject to licensure, the department may proceed to bring an action in the Chancery Court of the county of the defendant’s residence or the county in which the abuse, neglect, or sexual abuse occurred to enjoin the person or agency or any individual found by the department to have been responsible for the abuse, neglect, or sexual abuse from continuing to provide care for children on a full-time or part-time basis.

(5) PUBLIC AGENCIES: Any child welfare agency, as defined in T.C.A. §71-3-501, which is under the direct management of an administrative department of the state, a county or a municipality, or any combination of these three, shall not be subject to license, but shall meet the minimum standards of program and care as required of such child welfare agencies. Through his authorized agent, the commissioner of the department shall make periodic inspections of such public administrative child welfare agencies. The report of such inspections and recommendations shall be made privately to the executive head of the public administrative child welfare agency, the board of directors, if any, and/or the division of the state, county or municipal government which has the duty under the law to operate such agency. It shall be the duty of the department to cooperate with the public administrative agencies herein referred to, to the end that such recommended changes in program and policies can be adopted. If within a reasonable time, such standards and recommendations are not met, it shall be the duty of the commissioner of the department to make public in the community in which this agency is located, the report of the above-mentioned inspections. If any serious abuses, derelictions, or deficiencies are found and are not corrected within a reasonable time, the same shall be reported in writing to the next session of the legislature.

(6)REPORTING OF BRUTALITY, ABUSE, NEGLECT, OR CHILD SEXUAL ABUSE (T.C.A. §37-1- 403)

(a)Any person, including but not limited to any: 1.Physician, osteopath, medical examiner, chiropractor, nurse, or hospital personnel engaged in the admission, examination, or treatment of persons; 2.Health or mental health professional other than one listed in subdivision (a)(1); 3.Practitioner who relies solely on spiritual means for heating; 4.School teacher or other school official or personnel; 5.Judges of all courts of the state; 6.Social worker, day care center worker, or other professional child care, residential, or institutional worker; 7.Law enforcement officer; or 8.Neighbor, relative, friend, or any other person who knows or has reasonable cause to suspect, that a child has been sexually abused or having knowledge of or called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition which is of such a nature as to reasonably indicate that it has been caused by brutality, abuse, or neglect or which on the basis of available information reasonably appears to have been caused by brutality, abuse, or neglect, shall report such harm immediately by telephone or other- wise to the local office of the Department of Children’s Services or the judge having juvenile jurisdiction or to the county office of the sheriff or the chief law-enforcement official of the municipality where the child resides. Any person, including judges of all courts of this state, who knows or has reasonable cause to suspect that a child has been sexually abused shall report such information in accordance with Acts 1985, chapter 478, relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse.

(b)If a hospital, clinic, school, or any other organization responsible for the care of children has a specific procedure, approved by the director of the county office of the department, for the protection of children who are victims of brutality, abuse, or neglect, any member of its staff whose duty to report under the preceding sentence arises from the performance of his services as a member of the staff of the organization may, at his option, fulfill that duty by reporting instead to the person in charge of the organization or his designee who shall make the report in accordance with the preceding sentence.

(c)The report shall include, to the extent known by the reporter, the name, address, and age of the child, the name and address of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information.

(d)If a law enforcement official or judge becomes aware of known or suspected child abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the department immediately and where appropriate the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or department to the maximum extent possible.

(e)Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report his suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his findings, in writing, to the local law enforcement agency, the appropriate district attorney, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in T.C.A. §37-1-409.

(f)Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to Acts 1985, chapter 478 relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with the provision of T.C.A. §37-1-606.

(g)Every physician or other person who makes a diagnosis of, or treats, or prescribes for any venereal disease set out in T.C.A. §68-10-101, or venereal herpes and chlamydia, in children thirteen (13) years or younger, and every superintendent or manager of a clinic, dispensary or charitable or penal institution, in which there is a case of any of the diseases, as set out in this subsection, in children thirteen (13) years of age or younger shall report the case immediately, in writing on a form supplied by the Department of Health and Environment to that department. If the reported cases are confirmed and if sexual abuse is suspected, the Department of Health and Environment will report the case to the Department of Children’s Services. The Department of Children’s Services will be responsible for any necessary followup.

(7)VIOLATIONS PENALTIES

(a)Any person required to report known or suspected child abuse or child sexual abuse who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor.

(b)Any person who knowingly and willfully makes public or discloses any confidential information contained in the abuse registry or in the records of any child sexual abuse case, except as provided in Acts 1985, chapter 478, is guilty of a misdemeanor. (Acts 1985, chapter 478, §16).

(c)All staff of the agency whether paid, contracted or volunteer, must report any suspected child abuse or neglect of any child enrolled in the agency, in conformance with parts 4 and 6 of

chapter 1, Title 37 of the T.C.A. Failure to do so will, standing alone, be sufficient basis for denial or revocation of the agency’s license.

(8)PLACEMENT IN TEMPORARY HOMES OR FOR ADOPTION

Private individuals including midwives, physicians, nurses, hospital officials, lawyers, and the officials of any non-chartered and/or non-licensed child-caring institution, child-placing agency- or maternity home, are forbidden to engage in placing children for temporary care or for adoption.

Violation of this restriction shall be punishable by fine of not less than one hundred dollars ($100) and no more than five hundred dollars ($500) for each offense.

(9)AMENDED ADOPTION LAW

No person, corporation, or agency except the Department of Children’s Services or an agency licensed by the department as a child-placing agency shall engage in placing children for adoption; provided however, this section shall not be construed to prohibit any person from advising a natural or prospective adoptive parents of the availability of adoption or from acting as an agent for the natural or prospective adoptive parents in making necessary arrangements for adoption so long as no fees are charged for such service other than usual and customary legal and medical fees in connection with the birth of the child and the legal proceedings relative to adoption. Any court of competent jurisdiction, upon the filing of a verified bill for injunction, by the State of Tennessee, on behalf or the State Department of Children’s Services or by an agency, or by any person aggrieved, may temporarily enjoin or restrain any person, corporation, or agency, from engaging or attempting to engage in placing children for adoption in violation or threatened violation, of the chapter of the T.C.A. relative to adoption, and upon final hearing, if the court determines that there has been a violation or threatened violation, thereof, the injunction shall be made permanent.

History

• Authority: T.C.A. §§4-5-226(b)(2); 4-5-320; 36-1-134; 37-1-403; 37-1-409; 37-1-605; 37-1-612; 37-1-616; 37-5- 101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-3-501 through 71-3-531.
• Administrative History: Original rule certified June 10, 1974. Repealed and new rule filed April 15, 1977; effective May 16, 1977. Amendment filed March 17, 1980; effective June 29, 1980. Repealed and new rule filed February 28, 1983; effective May 16, 1983. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.01 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.02 GENERAL REQUIREMENTS

(1)All private agencies placing children in temporary foster homes, for adoption, or in other foster care placement shall be specifically licensed to exercise this function by the department.

(2)The standards set up by the department with reference to the placement of children shall be adhered to in all respects by agencies so licensed.

(3)All public agencies placing children in temporary foster homes, for adoption, or in other foster care placements shall meet the standards of private, licensed, child-placing agencies.

(4)A maternity home agency shall have office facilities adequate to meet its needs, including accessibility to the public, adequate space for staff, and an area which provides privacy for interviewing clients.

(5)A maternity home agency shall maintain professional confidentiality in accordance with the ethics of the social work profession. The agency shall act in the best interest of the client insofar as this does not violate the social responsibility of the agency for the protection of the community.

(6)A maternity home agency shall keep accurate statistical records which give the complete scope of the work of the agency.

(7)Reports shall be made to the department as follows:

(a)Monthly and annual statistical reports completed on forms provided by the department.

(b)Change in location reported at or prior to time of change;

(c)Death, or life-threatening injury to any child in care of the agency reported immediately.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-3-501 through 71-3-531.
• Administrative History: Original rule certified June 10, 1974. Repealed and new rule filed April 15, 1977; effective May 16, 1977. Repealed and new rule filed February 28, 1983; effective May 16, 1983. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.02 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.03 ORGANIZATION AND ADMINISTRATION

(1)Incorporation: A maternity home may be operated by a person, society, agency, or corporation. If the maternity home is operated as a corporation, the licensing law provides that no maternity home “shall receive a certificate of incorporation from the Secretary of State unless there shall first be filed with the Secretary of State by the department a commendatory certificate approving the charter. All amendments to previously granted charters shall take the same course and meet the same requirements as are herein provided for a new and original charter.”

(a)Every private maternity home shall have a governing board. This governing board shall be broadly representative of the community.

(b)The governing board of every private maternity home shall establish bylaws and/or written policies pertaining to its or organization and structure.

(c)The governing board shall operate according to the bylaws and/or written policies which it has established.

(2)The bylaws and/or written policies of the agency shall include the following subjects:

(a)Name of the agency;

(b)Purpose, with a description of scope of operation;

(c)Membership of the governing board;

(d)Powers and duties of the governing board and advisory board, if applicable;

(e)Size of the governing board;

(f)Method of selection and tenure of members of the governing board;

(g)Method of election of officers and of the governing boards;

(h)Organization of the governing board and its committees, enumerating their respective responsibilities;

(i)Method of calling meetings of the governing board, including annual meetings;

(j)Frequency of meetings, quorum requirements, rules or order;

(k)Statement of agency’s fiscal year;

(l)Responsibilities of the administrator and his/her relationship to the governing board; and (m)Method of amending the bylaws and/or changing written policies.

(3)The bylaws or policies shall be reviewed every three (3) years and changes made where necessary.

(4)No more than one third of the governing board shall be employees of the agency.

(5)Board of Directors:

(a)Every maternity home operating as a corporation shall have a board of directors which operates as the responsible representative of the community and m the governing board of the agency.

(b)There shall be a plan for rotation of the governing board. Members shall serve no more than nine (9) consecutive years.

(c)There shall be a minimum of six (6) meetings per year.

(d)The governing board shall select and appoint an administrator to whom shall be delegated the responsibility for administering the agency.

(e)The governing board shall secure adequate funds for the maintenance of the program to which the agency is committed.

(f)The governing board shall assume joint responsibility with the administrator for formulating and evaluating the general program plans and policies of the agency.

(g)The governing board shall account for the expenditure of funds and for the service of the agency.

(h)The governing board shall not be involved in any individual cases unless the board member is a staff person whose job description authorizes such involvement.

(i)Officers shall be elected annually with consecutive terms limited to two (2).

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-3-501 through 71-3-531.
• Administrative History: Original rule certified June 10, 1974. Repealed and new rule filed April 15, 1977; effective May 16,1977. Repealed and new rule filed February 28, 1983; effective May 16, 1983. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.03 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.04 FINANCING

(1)Solicitation of Funds Agencies which engage in the solicitation of funds for charitable purposes must comply with the Solicitation of Charitable Funds Act, T.C.A. §§48-3-501 et seq.

(2)Funds (a)Income must be adequate and stable to ensure efficient and effective operation of the program to which the agency commits itself.

(b)A statement must be submitted annually showing financial resources which will provide an adequate standard of service.

(3)Audit and Control (a)Accounts must be audited annually by a certified public accountant or licensed public accountant consistent with accepted accounting principles. A copy of the audit is to be provided to the department and must contain an opinion. Qualifications to the opinion must be reviewed by the board and this review must be recorded in the minutes.

(4)The administrator and others handling the agency’s funds must be bonded. Premiums for the bonds must be paid by the organization unless otherwise provided by law or ordinance.

(5)If the agency does not maintain liability insurance covering the premises and the operations, the parent(s) or other legal custodian of all children in care must be advised of the fact, in writing, either at the time of enrollment of the child, at the time an effective policy ceases to be effective, or on the effective date of these rules, whichever comes first. If, on the basis of such notification, the legal custodian desires to remove the child(ren) from the agency, he/she must be allowed to do so, notwithstanding any prior agreement to the contrary. Any prepaid charges must be refunded on a prorated basis.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-3-501 through 71-3-531.
• Administrative History: Original rule certified June 10, 1974. Repealed and new rule filed April 15, 1977; effective May 16, 1977. Repealed and new rule filed February 28, 1983; effective May 16, 1983. Repealed and new rule filed August 14; 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.04 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.05 PERSONNEL PRACTICES

(1)The Board of Directors or the governing body in cooperation with the administrator, shall establish written personnel policies. These policies shall include:

(a)A job description for each position in the agency covering the position’s responsibilities, academic qualifications, and required level of experience.

(b)Annual salaries and performance review requirements.

(c)Physical examination policy which must include a required physical examination and tuberculin test for all employees. The examination must be no older than six months prior to hire date.

(d)Training activity requirements and method of documentation that employees have met these requirements.

(e)A defined work week and hours to be worked per week.

(f)Vacation policy that clearly defines amount of time allowed and payment plan.

(g)Sick leave policy.

(h)Policies regarding Social Security, insurance, retirement plans, and other fringe benefits.

(i)Agency grievance procedure.

(j)Grounds for dismissal.

(k)Leisure time provision. 1.Each staff member must have a minimum of eight (8) days off a month or its equivalent. 2.Leisure time provision must include a plan for continuity of supervision when other staff are on leisure time.

(1)Written policy related to child sexual abuse as dictated by state law. This policy is to include information addressing the following areas: 1.For Child-Care Staff:

Within two (2) weeks of being on the job, each new employee must receive orientation instructions related specifically to child abuse detection, reporting, and prevention. This training must be documented in the employee’s personnel file. 2.For Children The Child- Caring Agency must have an instructional program in child-sexual abuse prevention for all residents. The curriculum must include information on such pertinent subjects as: personal ownership of our bodies, touching, reporting abuse within the agency. Appropriate treatment must be provided for those who have been victims of sexual abuse. Such treatment must be provided either by the agency, and/or the agency’s qualified designee.

(m)A copy of the board-approved personnel policy must be provided each employee prior to or at the time of employment.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105; 71-3-501 through 71- 3-531 and 17-1-603.
• Administrative History: Original rule filed April 15, 1977; effective May 16, 1977. Repeated and new rule filed February 28, 1983; effective May 16, 1983. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4- 7-.05 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.06 STAFF

(1)General Qualifications.

The quality of services which is given in a maternity home is dependent upon the quality of the staff.

In the maternity home staff, the mother shall find understanding, confidentiality, and objective help in facing her immediate problems and in making constructive plans for herself and her baby.

Consequently, it is important for staff members to understand individual behavior. This requires people who can accept the hostile, bitter, hurt clients as well as those who are able to establish warm, friendly relationships. The staff’s attitudes, especially those related to unmarried parenthood, are as important as such essential qualities as intelligence, good character, maturity, judgment, personality, training, and experience.

(2)Agency employees shall be persons of good character. They shall possess the health, emotional stability and ability necessary to carry out their assigned duties.

(3)Screening; exclusions for certain crimes.

(a)Reserved.

(b)Any person (1) associated in providing care or ancillary services in any manner within a child welfare program or (2) who is a family member or other person residing in the agency, or (3) is a person with unrestricted access to children in the agency as determined by the Department of Children’s Services, who is identified to the agency based on an investigation of child abuse or child sexual abuse by the Department of Children’s Services as a validated or indicated perpetrator of such abuse of a child or who is currently charged with, has been convicted or, or pled guilty in any manner to a crime involving a child or who has pled guilty to any lesser offense derived from an original offense involving a child, shall not be employed or work as a caregiver or have access to or contact with children within the program operated by a child welfare agency. An employee or volunteer who has been identified by the department as having neglected a child based on an investigation conducted by the department pursuant to a report of harm, and who has not been criminally charged or convicted or pled guilty as stated above, shall be supervised by another adult while providing care for children.

(c)A person who is currently charged with, has been convicted of, or has pled guilty in any manner to a crime of violence against another person or has pled guilty to any lesser offense derived from a crime of violence against another person, or any offense involving the manufacture, sale, distribution, or possession of any drug shall not work as a caregiver or have any contact or access to children within the program operated by a child welfare agency.

(4)An agency shall obtain at least three (3) references attesting to the character, integrity, and ability to perform tasks required for the positions. One of these references must be from a former employer.

(5)A report of a physical examination completed within no more than six (6) months prior to hire date shall be on file for all employees. The resident children of staff shall also have on file an initial medical statement of good health or a physical exam.

(6)Prospective Employees (After effective date of the standards.)

The tuberculin skin test is recommended for initial screening and should be done within ninety (90) days prior to employment. Prospective employees who are known to have a positive tuberculin reaction or who refuse to have a tuberculin test shall receive a chest x-ray and, if necessary, other tests within ninety (90) days of employment. If infectious tuberculosis is ruled out, no future certification is required during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(7)Current Employees (a)Current employees who have already presented certification of a negative tuberculin skin test will require no future certification during their employment, unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(b)Current employees who are tuberculin reactors and whose certification was based on a chest xray will require no future certification during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.

(8)Staff Records (a)Records on all staff members and information on applicants for jobs must be kept in a locked file at the agency. They must include: an application, reports from three (3) references, one of whom must be a former employer, a physical examination, when required, including tuberculin test, a record of participation in orientation and training activities, a record of positions held by the person during employment at the agency, record of leave, and date and reason for termination.

(b)In addition to the above, copies of an annual evaluation of the quality of work done by the person while in the agency must be kept in his personnel record. These evaluations must be prepared by the administrator, assistant to the administrator or by the person directly responsible for the supervision of the employee. If not conducted by the administrator, it must be approved by the administrator.

(c)Staff shall have access to their personnel records as afforded to them by law.

(9)Staff Development (a)Agencies must provide new staff with an orientation program that thoroughly acquaints the new employee with agency philosophy, policies, and procedures specifically including confidentiality procedures. This program must be under the supervision of qualified staff and appropriate to the position being assumed by the new employee.

(b)A program of in-service training must be developed which provides staff with a minimum of six (6) hours in-service training annually. Attendance at conferences and workshops may be included as part of the six (6) hours minimum requirement.

(c)Participation in these activities must be documented in personnel files.

(10)The Executive Director or Administrator (a)The executive director or administrator must be selected and appointed by the Governing Board and be accountable to the board for satisfactory performance of duties.

(b)The executive of a maternity home shall be a college graduate with at least two (2) years administrative or supervisory experience.

(c)If the executive director or administrator is responsible for technical supervision of casework staff, he or she shall meet the qualifications for casework supervisor.

(d)The executive director or administrator must be responsible for: 1.Attending board meetings and participating in all planning for the agency. 2.Seeing that the agency keeps accurate statistical reports that give the complete scope of the work of the agency. 3.Seeing that monthly and annual reports on forms furnished by the Tennessee Department of Children’s Services are submitted, as well as any special reports that may be required from time to time. 4.Preparing the agency’s budget in cooperation with the board and operating the agency within the budget approved by the board. 5.Selecting, employing, training, and discharging all staff and supervising the daily management of the agency if another person has not been delegated the responsibility. 6.Communicating to the board information on the operation of the agency, unmet needs, and modern methods regarding child care services. 7.Implementing the policies of the board and bringing to the board’s attention areas which require modification or change, and interpreting the agency’s program to the community and giving professional leadership to the board in doing this job. 8.Maintaining adequate records on the administrative and fiscal operation of the agency. 9.The executive director or administrator must hold staff meetings at regular intervals and discuss plans and policies with his staff. He/She must secure adequate clerical staff to keep correspondence, records, bookkeeping, and files current and in good order.

(11)Casework Director or Supervisor (a)The casework supervisor or director shall be a graduate of an accredited graduate school of social work or related field. He/She must have a minimum of two (2) years of experience in a social service related agency and must have demonstrated supervisory ability.

(b)Each caseworker shall receive supervision, and there must be a supervisor for every five (5) caseworkers.

(c)If the executive is qualified as a casework supervisor, then no more than three (3) workers shall constitute a maximum supervisory load.

(d)Casework supervision can be provided by the agency itself or by entering into written agreements and/or contracts with qualified individuals, and/or public or private agencies qualified to provide such services.

(12)Caseworker (a)The caseworker must be a graduate of an accredited four (4) year college or university with a major in social work or a related field such as psychology or sociology.

(b)If only one caseworker is employed, the qualifications for a casework supervisor shall be met.

(c)There may be agencies which are in the developmental stage or which limit their services to few residents. When it is not feasible for such an agency to employ full-time casework staff, provision for part-time casework staff shall be made in the following manner. There shall be ten (10) hours per week of casework services for each increment of eight (8) residents served.

There shall be specific provision for weekly office hours and for emergencies. Part-time staff shall meet the qualifications for full-time staff.

(d)It is the responsibility of the caseworker to carry out the responsibilities set forth in the Agency Services section.

(13)Resident Staff (a)It shall be the role of the resident staff to provide supervision of day-to-day activities of the home.

(b)The resident staff shall work under a trained supervisor.

(c)The resident staff shall have at least a high school diploma or its equivalent (GED). Tasks shall be assigned appropriate to their competence.

(d)Relief for Staff 1.Relief for resident care staff shall be arranged to provide continuity of supervision for the residents. 2.Every full-time staff member shall have the equivalent of at least two days off each week.

(14)Clerical Staff (a)Each maternity home shall have at least one (1) part-time clerical person on its staff.

(b)There shall be sufficient stenographic and clerical service to keep correspondence, records, bookkeeping system and files current and in good order.

(15)Housekeeping Staff Housekeeping staff shall be employed as needed for cleaning and maintenance.

(16)Staff-Resident Ratio There shall be minimum of two (2) -staff persons on duty at all-times with provisions made for emergencies.

(17)Volunteers (a)For purposes of these standards a volunteer shall be considered to be any person providing assistance to the agency without remittance who has direct, and ongoing contact with the residents. Volunteers shall have the same qualifications as paid staff performing comparable duties.

(b)If any volunteers are used, a process of application and screening shall be established in the agency to ensure that volunteers are of such character and competence as to meet the agency’s needs.

(c)A program of ongoing training and orientation to the philosophies and practices of the agency shall be provided each volunteer within the agency.

(d)Adequate supervision of volunteers shall be provided by paid staff.

(e)An individual file including the application to participate as a volunteer, three letters of reference, and a declaration of good health shall be maintained by the agency on each volunteer. The files must document participation in child sexual abuse training.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-1-403; 37-1-605; 37-1-612; 37-1-616; 37-5-101; 37-5-105; 37-5-106; 37-5- 112(a); 71-1-105; 71-3-501 through 71-3-531 and 17-1-603.
• Administrative History: Original rule filed February 28, 1983; effective May 16, 1983. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-4-7-.06 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.07 AGENCY SERVICES

(1)Admission (a)The Board of Directors in cooperation with the executive director shall establish written admission policies clearly stating who is eligible for the services of the home.

(b)Pre-placement procedures must be clearly set forth. These must include providing an explanation of all agency policies, regulations, and requirements prior to a resident’s entry into the home and the resident’s written acknowledgment of having received this information.

(c)Clients are to be admitted for care only after an intake evaluation by social service staff indicates that this is the most suitable plan for her.

(d)Commitment to a definite plan for the child must not be a condition for admission. There must be a clear understanding that the plan for the child rests with the client.

(e)Admission of a child from another state shall be in accordance with the Interstate Compact on the Placement of Children.

(f)The agency must not admit any residents in excess of its licensed capacity.

(2)Discharge Policy (a)The Board of Directors in cooperation with the executive director shall establish written discharge policies.

(b)Discharge policies shall be interpreted to each client at the time of application or admission.

These policies must include a description for procedures for prepared discharge.

(c)Normally residents shall not be discharged without medical permission and a social service plan.

(d)Residents who wish to surrender their children for adoption shall be referred to a licensed child-placing agency for this service.

(e)A written discharge statement shall be signed by the resident’s legal custodian or resident which relieves the agency of further legal responsibility.

(3)Provision of Social Services (a)Casework services shall be available daily to every resident admitted to a maternity home, either through qualified staff or by contract with a qualified agency or individual.

(b)Social Services must include: 1.Pre-admission evaluation to determine whether group care is appropriate for a particular client. 2.Regular contact, individually and/or in groups to:

(i)Help the resident resolve her conflicts and handle the immediate problems;

(ii)Assist the resident in planning for her child including options of marriage, single parenting or adoption;

(iii)Provide service to the resident’s parents and/or the father of the child, if this is possible and appropriate; and (iv)Prepare the resident for the return to community life.

(c)Adequate records shall be maintained on each applicant. The following information must be recorded: 1.Resident’s full name, date of birth, address, occupation, social security number and educational level; 2.Parents’ name and address(es) (if available); 3.Person to contact in case of emergency; 4.Name and address of alleged father, when available; 5.Date of entering the home; 6.Social history; 7.Report of physical examination; 8.Psychological evaluation, if available and indicated; 9.Correspondence; 10.Agreement for services must be signed by the resident, and, if a minor, signed also by her parents Consent for medical services signed by the resident and, if a minor, signed by her parents or guardian; 11.Date of discharge and final plan for the resident and her baby; and 12.At discharge, combined medical, nursing, and social service records shall be stored in a locked fire-resistant file and must be handled confidentially.

(4)Health Services (a)Each maternity home shall have a medical advisor who is a licensed physician. He shall be available for individual case consultation as needed. Medical consultants must also be available to establish and periodically review standards for the provision of health services within the agency.

(b)Each maternity home shall have written health service policies covering such areas as storing and administering prescription medication, provisions of medical service during the absence of staff and for other emergencies, and other aspects of the total health program.

(c)Medications 1.All medications including over the counter drugs, attitude manipulators, tranquilizers, legend pain killers, barbiturates, or amphetamines, must be safeguarded by a double entry medication system whereby each medication is recorded as it comes into the agency. Administration of all medications must be documented. Medications must be double-locked within the agency. 2.The agency must not have psychotrophic drugs as stock items. Such drugs must be individually prescribed and kept in the original containers with the name of the patient, drug, dosage, frequency of administration, and prescription number unless filled directly by the physician. 3.Other prescribed medication may not be administered without a specific order or standing order from a licensed physician.

(d)Each maternity home shall have the services of a registered nurse or a licensed practical nurse.

Their responsibilities will be to coordinate the total health services provided each resident, maintain contact with the residents, in order to recognize problems which may require medical follow-up, and implement medical recommendations, special diets, and other routine procedures.

(e)Maternity homes using local hospitals and clinics for prenatal care and/or delivery shall use only those hospitals and clinics approved and licensed by the Tennessee Department of Health and Environment.

(f)Delivery and nursery services for newborn infants, if operated by a maternity home, shall be licensed by the Tennessee Department of Health and Environment.

(g)Prenatal Care 1.A medical and obstetric history shall be obtained at the time of admission. 2.Within two weeks following admission a complete examination and pelvic measurement shall be made. The admission examination shall include blood pressure determination, weight urinalysis, laboratory tests for syphilis, gonorrhea, Hepatitis B Virus and Herpes 11, tuberculin skin test, determination of hemoglobin, red and white blood cell counts, and any other special studies that may be indicated. 3.The physician shall examine the patient at least once a month in the first six (6) months of pregnancy twice a month in the seventh and eight months, weekly during the ninth month, and more often if indicated.

(h)Postpartum 1.Every patient shall be given close medical nursing supervision, and allowed an adequate period for recovery. 2.Adequate diet shall be provided in accordance with the needs of the patient and on the recommendation of the physician. 3.The length of the recovery period and the continued limitation of activity shall be determined by the attending physician. 4.A postpartum examination shall be made by the physician before discharge from the home.

(i)Medical and nursing records shall be kept by the appropriate staff members.

(j)At the time of the resident’s discharge from the home, the medical and nursing records shall be placed in the folder with the running case record, and the complete document placed in the closed files.

(k)Psychiatric and Psychological Services Psychiatrists serving maternity homes shall be board certified, or have successfully completed the requirements of a residency in psychiatry, or be currently participating in a psychiatric residency program. 1.Psychologists serving maternity homes shall have at least a Master’s degree in psychology from an accredited university. 2.Psychiatric and psychological services, if needed, shall include consultation for social service staff and group or individual services for residents under care.

(1)Clinic If prenatal supervision is given by a physician in the residence, there shall be a room for medical examination.

(5)Basic and Informal Education (a)Accredited academic instructions shall be available for the mandatory school-age residents whose education has been interrupted. Arrangements must be made through the local school board to be certain that a certified teacher is used and that credits are given for work completed. Safeguards are necessary to be certain that information about the resident is handled confidentially when credits are transferred.

(b)Health education shall be available including: 1.Sound hygiene practices; 2.Preparation for childbirth; 3.Infant and child care; 4.Drug and-alcohol use and abuse; 5.Family planning; 6.Sex education; 7.Parenting education; and 8.Sexually transmitted diseases.

(6)The atmosphere prevailing in the home must be such as to foster the spiritual growth of the resident in her daily living. Residents shall be provided the opportunity to participate in religious activities as they desire.

(7)Recreational Activities (a)Appropriate recreational activities shall be provided.

(b)The participation of individual residents in strenuous recreational activities shall be approved by the staff physician.

(8)Food Services (a)All maternity home facilities located in counties or municipalities which have an adopted food service code, ordinance, or regulation, must comply with such code, ordinance or regulation.

(b)Food of adequate quality and quantity shall be served. The most currently recommended nutritional requirements for the expectant mother as defined by the medical consultant shall be provided.

(c)Three meals and snacks shall be provided daily.

(d)All special diets and diets of infants shall be prepared as prescribed by the physician. For feeding suggestions for infants, copies of “Food for Infants” can be obtained from the Tennessee Department of Health and Environment.

(e)Denial of nutritionally adequate diet shall not be used as a punishment.

(f)When a qualified nutritionist or a dietitian is not on the staff, the person responsible for meal planning shall request consultation, at least twice a year, from a qualified nutritionist or dietitian. These services may be requested from the Department of Health and Environment, local colleges, universities, or hospitals, etc.

(g)Menus for the week shall be prepared and posted, in advance. These menus shall be followed, although reasonable substitutions are permissible if the substituted food contains approximately the same nutrients.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105; 71-3-501 through 71- 3-531 and 71-1-504(E).
• Administrative History: Original rule certified June 10, 1974. Repealed and new rule filed March 18, 1977; effective April 18, 1977. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.07 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.08 PLANT AND EQUIPMENT

(1)All facilities shall be constructed according to standards approved by the Tennessee Department of Health and Environment and the Fire Safety Division of the Tennessee Department of Commerce and Insurance including the current Life Safety Code. All new structures and renovations must meet the requirements of the Title 504 of the Federal Rehabilitation Act of 1973, as amended.

(2)All buildings shall be inspected and approved annually by the designated Fire Safety Authority and by representatives from the Tennessee Department of Health and Environment. The agency must be in compliance with the applicable regulations and standards of these authorities in order to obtain or retain a license.

(3)Location The residence shall be located so as to be easily accessible to community resources such as hospital, shops, transportation, and recreational facilities.

(4)Buildings (a)General Structure. The physical plant shall be suitable and safe, providing adequate space and facilities for the day-to-day functions of dining, sleeping, study, and recreation.

(b)Living Quarters 1.Sleeping Quarters (i)There shall be a separate bed with mattress and springs, and appropriate linens and covers for each resident.

(ii)There shall be adequate closet and drawer space.

(iii)In each bedroom there shall be 65 square feet for the first resident and 50 additional square feet for each additional resident.

(iv)No facility shall have more than four (4) residents per room.

(v)Apartment quarters or bedrooms which meet the same standards as those for residents shall be provided for each member of the live-in staff. 2.Lounging and Den Areas (i)There shall be adequate space for lounging, studying, and visitation in the general living quarters.

(ii)Telephone facilities shall be available.

(c)Toilets and baths 1.If the building is more than one story, toilets shall be located on each floor used by residents. 2.In the sleeping area, there shall be a ratio or one toilet, lavatory, and shower to every four (4) residents. 3.Separate toilets and lavatories shall be available for staff and visitors in the visiting area.

(d)Dining Room The dining room shall be attractive, well-lighted, well-ventilated, and suitably equipped, within easy access to the kitchen.

(e)Kitchen 1.The kitchen shall be well equipped with a stove and a refrigerator of appropriate size for the number accommodated. 2.The kitchen shall meet the sanitary standards set by the Tennessee Department of Health and Environment, Appendix A of these rules.

(f)Laundry Facilities Adequate laundry facilities shall be provided.

(g)Office Space Provision shall be made for adequate fire-resistant locked storage space for records. 1.Space shall be adequate for efficient staff operation and for efficient service to clients. 2.There shall be private office space for counseling.

(5)General Maintenance Provision shall be made for ongoing maintenance and grounds.

(6)Safety Requirements (a)Measures must be taken to remove hazards and to prevent accidents.

(b)Residents with physical and emotional handicaps must be protected through appropriate and specific safety measures.

(c)There must be adequate smoke detectors and fire extinguishers to ensure fire safety.

(d)Each home must have posted, in a visible and accessible location, a written plan for evacuation.

(e)Residents must be trained in emergency evacuation procedures, (f)Emergency telephone numbers must be immediately accessible to the telephone.

(g)No person or caregiver who has any physical, mental, or emotional condition which may be harmful to children shall be allowed to be in the agency’s facilities which have been designated for the care of children, nor shall they be allowed to have any contact, at any time with children while the children are in the care of the agency or any staff or volunteers, whether on the site of the agency’s facility or elsewhere.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-1-504.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.08 filed and effective March 25, 1999

Tenn. Comp. R. & Regs. 0250-04-07-.09 OTHER AGENCY SERVICES

(1)Any maternity home which operates a family boarding home as part of its program shall be responsible for determining that the facility is in compliance with the applicable standards promulgated and adopted by the department.

(2)Records shall be kept on each family boarding home operated by the agency. These records shall contain:

(a)Material relevant to health and fire safety inspection by the agency staff person responsible for inspection when a government agency does not provide inspection.

(b)Narrative recording which shows that the standards have been officially reviewed and that requirements are being met at the facility. The recording shall reflect at least an annual review of standards.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-3-501 through 71-3-531.
• Administrative History: Original rule filed August 14, 1990; effective September 28, 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.09 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-07-.10 APPENDIX

Appendix A - Tennessee Department of Health and Environment Environmental Standards applicable to maternity homes.

APPENDIX A

ENVIRONMENTAL STANDARDS FOR MATERNITY HOMES

(A)FOOD SANITATION.

Food service under a maternity home shall be considered a single food service operation whether operated as a central dining facility or in multiple units of that facility.

Facilities shall comply with state, and local food service codes, or regulations where applicable; otherwise the following standards shall be met for food sanitation: 1.All food shall be from sources approved or considered satisfactory by the health authority. The use of hermetically sealed containers (home canned food) is prohibited. 2.All milk and fluid milk products including dry milk and dry milk products shall be from a Grade A pasteurized source. 3.Raw fruits and vegetables shall be washed before being cooked or served. 4.Poultry, poultry stuffings, stuffed meats and stuffings containing meat shall be cooked to heat all parts of the food to at least 165° F with no interruption of the cooking process. Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150° F. 5.If a family style feeding process is used at a facility, all left-over food from the eating table shall be discarded. Milk and food used in family style feeding shall not be placed on the dining table longer than 15 minutes prior to beginning of meal. Food intended for family style feeding that has not been placed on the dining table and maintained at acceptable temperatures may be used at another meal, provided it is covered, refrigerated properly reheated properly and used promptly. 6.Potentially hazardous foods requiring cold storage shall be maintained at 45° F or below, and accurate thermometers shall be kept in the refrigerators. Potentially hazardous foods requiring hot storage shall be at an internal temperature of 140° F or above. Frozen foods shall be maintained at a temperature of 10° F or below. Thermometers are required in all freezers and all other cold storage equipment. 7.Milk and other potentially hazardous foods shall be kept in the proper temperature ranges, and be protected properly, except during necessary periods of preparation. 8.All foods including dry foods shall be stored in a manner to prevent possible contamination, and permit, easy cleaning of the storage area. Containers of food shall be stored a minimum of six inches above the floor or on movable dollies. 9.All food shall be protected from contamination during storage, preparation, transportation, and serving. 10.No poisonous or toxic materials except those required to maintain sanitary conditions and for sanitzation purposes may be used in the food service operation.

(Rule 0250-4-7-.10, Appendix A, continued)

Poisonous and toxic materials shall be identified, stored and used only in such manner, and under such conditions as will not contaminate food or constitute a hazard to population of a facility. 11.All equipment and utensils shall be so designed and constructed of such material and workmanship as to be smooth, easily, and durable. Equipment and utensils shall be in good repair. 12.The food-contact surfaces of equipment and utensils shall be easily accessible for cleaning, and be of nontoxic, corrosion resistant, and non-absorbent materials. 13.All equipment shall be installed and maintained to facilitate the cleaning thereof, and of all adjacent areas. 14.All eating and drinking utensils shall be thoroughly cleaned and sanitized after each use with the exception of single service utensils which shall be discarded following use. 15.Single-service articles shall be made from nontoxic materials and shall be stored, handled and dispensed in a sanitary manner. 16.All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food-storage utensils shall be thoroughly cleaned and sanitized after each use. 17.Cooking surfaces of equipment shall be cleaned at least once a day. 18.All utensils and food-contact surfaces of equipment used in the preparation, transportation, service, display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized after each use. 19.Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of material and in such repair as to be easily maintained in a clean and sanitary condition. 20.All food-contact surfaces of equipment and utensils shall be stored and handled by methods that protect them from contamination by splash, dust and other means. 21.In facilities defined by the Department of Children’s Services as existing, a two-compartment sink can be used for washing and rinsing utensils, provided an additional container or sink be used for sanitization of the utensils. For facilities defined by the Department of Children’s Services as new, a three-compartment sink is required when manual dishwashing procedures are utilized for washing, rinsing and sanitization of utensils.

Domestic type dishwashing machines are acceptable provided the temperature at the utensil surface be 160° F after the end of one complete cycle. If 160° F is not obtained at the end of one complete cycle, an additional rinse for utensils shall be provided in a separate container or sink.

Facilities which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.

(Rule 0250-4-7-.10, Appendix A, continued)

(B)WATER SUPPLY. 1.The drinking water supply serving maternity home facilities shall be from a source approved by the health authority having jurisdiction. 2.There shall be sufficient hot and cold water under pressure to supply the dally needs of a maternity home. 3.An approved drinking fountain or individual single service paper cups shall be provided in rooms or adjacent to rooms regularly occupied by the residents. 4.All equipment shall be clean and in good repair.

(C)SEWAGE DISPOSAL AND PLUMBING. 1.A private sewage disposal system at a facility shall be operating satisfactorily. 2.When the private sewage disposal system at an existing facility fails and where a public sewage system is available, the facility shall be connected. 3.All plumbing shall be installed to prevent the possibility of cross connection, back siphonage, or sewage leaks.

(D)SOLID WASTE. 1.An adequate number of suitable storage containers approved by local health authorities shall be provided and shall be kept clean and in good repair. 2.Garbage and refuse storage areas shall be kept clean. 3.Storage containers, other than bulk, shall be secured properly to prevent spillage. 4.Garbage deposited in outside bulk storage shall be in flytight containers (example; plastic bags). 5.All garbage shall be removed from the building daily. 6.Garbage and rubbish shall be collected from the premises at least twice weekly. 7.At facilities where twice weekly collection is not provided, all garbage and rubbish shall be disposed of in a manner acceptable to the health authority having jurisdiction (supplement collection by individual hauling, acceptable burying, etc.) 8.Combustible rubbish may be burned, provided such burning meets all local and state laws and regulations relative to incinerators, incineration, and air pollution.

(E)TOILETS, HANDWASHINGS AND BATHING. 1.One flush toilet, one hand-washing facility and one tub or shower, for every four (4) residents be provided. 2.All facilities shall be approved, in good repair and clean. 3.A tightly covered container with plastic liner shall be used for diaper disposal and stored inaccessible to children. This container shall be emptied a minimum of twice daily by closing the liner and disposing of it into an outside garbage receptacle.

(Rule 0250-4-7-.10, Appendix A, continued) 4.There shall be soap, hot and cold water under pressure, and individual towels provided where handwashing lavatory is located. 5.Toilet tissue shall be provided on tissue holder at each commode. 6.Handwashing and bathing water for residents shall be provided under pressure at a temperature at least 90° F and not greater than 120° F without manual adjustment of the faucets.

(F)BUILDINGS. 1.Structure (a)The building foundation, roof, walls, and window frames shall be free of visible cracks and unsealed openings to prevent entrance of insects and rodents.

(b)Buildings shall be kept clean, in good repair and painted when necessary.

(c)Gutters and down spouts shall be kept clean and in good repair. 2.Materials Facilities having any presence of friable asbestos shall have a written plan approved by Department of Health and Environment for providing acceptable measures of control. The plan is to include a time frame not to exceed five years. This plan is to be on file with the Department of Health and Environment. 3.Floors (a)Floors shall be clean and in good repair. 4.Walls and Ceilings (a)Walls and ceilings shall be kept clean and in good repair. 5.Doors and Windows (a)All doors and windows shall be kept clean and in good repair (this includes screens when used).

(b)Windows shall be openable unless the room is air conditioned.

(c)All windows used for ventilation shall be screened unless building is air conditioned, 6.Bedding Each occupant shall be provided an individual bed with acceptable mattress and waterproof cover springs, clean linen, and clean cover. 7.Lighting (a)Natural and/or artificial fighting shall be distributed throughout the maternity home at the following ratio:

(Rule 0250-4-7-.10, Appendix A, continued)

(1)Classroom - 25 foot candles.

(2)Food preparation surfaces, food service equipment or utensil-washing work levels, food service utensils and equipment, storage areas and in lavatory and toilet areas - 20-foot candles.

(3)Walk-in refrigeration units, dry food storage areas, other storage areas, and halls - 10 foot candles. 8.Heating and Ventilation (a)All rooms used by residents shall be heated by a system capable of maintaining a temperature of 68° F.

(b)When the outside temperature is 65° F or below, the temperature within the facility shall be no lower than 65° F nor higher than 75° F.

(c)Stoves, hot radiators, steam and hot water pipes or other heated objects and electrical outlets shall be adequately protected by screens, guards, insulation, or any suitable means.

(d)Heat and ventilation units shall be clean and in good repair.

(G)INSECT AND RODENT CONTROL. 1.The facility shall be reasonably free from flies, other insects and breeding sites. 2.Screens which are approved and in good repair shall be provided for all doors and windows used for ventilation purposes. 3.When air conditioning is used, doors and windows shall be kept closed. 4.The facility shall be free of rodents. 5.There shall be no rodent harborage areas. 6.Proper supervision and caution shall be exercised according to label directions when applying approved insecticides and rodenticides.

(H)SAFETY. 1Pesticides, medicines, polishes, disinfectants, and cleaning compounds shall be stored in a manner approved by the local health authority. 2.Sturdy safety rails shall be provided for ramps and steps where there are three or more risers. 3.Bathtubs, if used, shall be provided with safety strips or mats. 4.Glass in hazardous locations in the facility shall be shielded when safety glass is not used.

Broken glass objects shall not be permitted in any part of the building or on grounds.

(Rule 0250-4-7-.10, Appendix A, continued) 5.All furniture shall be of durable construction, free of sharp projecting comers or surfaces and in good repair. 6.Grounds shall be free of hazards that are likely to cause falls. 7.Buildings and grounds shall be free of any unprotected, abandoned well, cistern, refrigerator or similar hazards. 8.Fencing, or other acceptable barriers, shall be provided for hazardous drainage ditches, cliffs, bluffs, or other similar hazards. 9.Grounds shall have adequate drainage. 10.All play equipment shall be safe and in good repair.

(I)SWIMMING POOL. 1.Facilities located in municipalities or counties that have an adopted swimming pool ordinance or regulations shall comply with the said ordinance or regulation, where applicable. 2.Facilities located in municipalities or counties that do not have an adopted swimming pool ordinance or regulation shall comply with the Hotel, Food Service Establishment and Public Swimming Pool Inspection Act of 1985, where applicable. 3.Facilities utilizing a swimming pool on-site or at another location shall be assured of an approved lifeguard, or the number of guards required, on duty.

(J)CONTROL OF ANIMALS. 1.If live animals or birds are kept in classrooms as pets, they shall be caged; cages shall be kept clean. (Turtles shall not be kept as pets because (a) a proper environment is elaborate and difficult to achieve and (b) they are carriers of salmonella). 2.In all cases animals and birds shall not be allowed in areas of food storage, preparation, or service. 3.Pets requiring vaccination against rabies shall be currently protected, evidence of which shall be on file.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105 and 71-3-501 through 71-3-531.
• Administrative History: Original rule filed August 14, 1990; effective September 28. 1990. Rule assigned a new control number, removed and renumbered from 1240-4-7-.10 filed and effective March 25, 1999.

Chapter 0250-04-08 Minimum Standards for Juvenile Detention Centers and TemporaryHolding Resources

Tenn. Comp. R. & Regs. 0250-04-08-.01 DEFINITIONS

(1) “Administrator” means the director of the Temporary Holding Resource or the Juvenile Detention Center.

(2) “Chemical Defense Agent” means any product which is dispensed by means of an aerosol spray to control an individual’s combative and/or restrictive behavior.

(3) “Department” or “DCS” means the Tennessee Department of Children’s Services.

(4) “Facility” means a Temporary Holding Resource or Juvenile Detention Center unless the context requires otherwise.

(5) “High School Diploma or Equivalent” means a document recognizing graduation from a legally approved public or private institution, based upon the issuing state’s required number of academic credits. This may include a GED diploma or HiSET equivalent. A special education diploma, statement of attendance, honorary diploma or correspondence or video course is not considered an equivalent alternative.

(6) “LEA” means Local Education Agency.

(7) “Licensing Office” means the Department of Children’s Services Child Welfare Licensing Office.

(8) “Physical Restraint” means the use of body contact by staff upon a youth to restrict the youth’s freedom of movement or normal access to their body.

(9) “Qualified Medical Professional” means a physician or other qualified health care professional who is an individual qualified by education, training, licensure/regulation (when applicable), and facility privileging (when applicable) who performs a professional service within his/her scope of practice and independently reports that professional service.

(10) “Qualified Mental Health Professional” means a person with professional training, experience and demonstrated competence in the treatment of mental illness, who shall be a physician, psychologist, social worker, mental health counselor, nurse or other qualified person.

(11) “Seclusion” means the intentional, involuntary segregation of an individual from the rest of the resident population for the purposes of preventing harm by the youth to themselves or others;

June, 2017 2 preventing harm to the youth by others; aiding in de-escalation of violent behavior; or serving clinically defined reasons.

(12) “Sentinel event” means any unanticipated event resulting in death or serious physical or psychological injury to a youth in the care of the facility.

(13) “Sight contact” means clear visual contact between incarcerated adults and juveniles offenders within close proximity to each other.

(14) “Sound contact” means direct oral communication between incarcerated adults and juvenile offenders.

(15) “Staff” means full time and part time employees of a juvenile detention center or temporary holding resource.

(16) “Volunteer” means any person providing assistance to the agency without pay, who may have direct and ongoing contact with youth equal to or greater than twenty (20) hours per week.

(17) “Youth” means a person under eighteen (18) years of age or a person under nineteen (19) years of age in custody of the Department of Children’s Services or remaining under the jurisdiction of the juvenile court.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.02 GENERAL REQUIREMENTS

(1) The issuance and maintenance of a license to operate a juvenile detention center or temporary holding resource shall depend upon adherence to these standards.

(2) All public or private agencies operating juvenile detention centers or temporary holding resources shall be specifically licensed by the Department.

(3) The initial and continued licensing of a juvenile detention center or a temporary holding resource shall be based upon the following criteria:

(a) The safety, welfare and best interests of the youth in the care of the facility;

(b) The capability, training and character of the persons providing or supervising the care of youth;

(c) The quality of the methods of care and instruction provided to the youth;

(d) The suitability of the facilities provided for the care of the youth;

(e) The adequacy of the methods of administration and the management of the facility, the facility’s personnel policies, and the financial integrity of the facility; and (f) The present need for the juvenile detention center or temporary holding resource.

(4) Juvenile detention centers and temporary holding resources shall be appropriately approved, licensed, permitted or credentialed by all appropriate agencies, including the Tennessee Department of Health and the state or local fire marshal’s office, before residents may be admitted.

June, 2017 3 (5) Juvenile detention centers and temporary holding resources shall be classified according to the date operations commenced. Facilities which begin operation as a juvenile detention facility or temporary holding resource after July 1, 2017, shall be considered new, while facilities operating prior to that date shall be considered existing facilities.

(6) Facilities shall provide their services in an ethical and professional manner at all times. This includes:

(a) Strict adherence to the practice of confidentiality; and (b) Acting at all times in the best interest of the youth insofar as this does not violate the social responsibility of the facility for the protection of the community.

(7) The facility shall consider and respect the ethnic, religious, racial, and cultural background of all youth and make reasonable accommodations to meet any related needs.

(8) A facility shall not engage in practices which exploit the rights of youth in care. Youth shall not be individually identified in connection with fund raising activities or publicity for the facility without written permission from the youth and either the parent or the legal guardian.

(9) Provisions Specific to Temporary Holding Resources:

(a) A temporary holding resource shall not house more than eight (8) children, and is designed to operate primarily as a staff secure facility with a maximum of two (2) hardware secure rooms. At least half of the rooms in the facility shall be non-secure.

(b) A temporary holding resource is designed to house children who are:

1. In need of legal temporary placement;

2. Awaiting a pending adjudication; or 3. Awaiting judicial disposition.

(c) Youth shall be detained in a temporary holding resource in accordance with T.C.A. §§ 37-1-114 and 37-1-116 (2016 and as amended):

1. A youth’s placement in a temporary holding resource shall be less than seventytwo (72) hours;

2. Youth who are alleged to be delinquent and meet the criteria for secure detention may be placed in secure custody in a temporary holding resource for up to a seventy-two (72) hour maximum length of stay; and 3. Youth who are alleged to be status offenders shall not be placed in secure custody in a temporary holding resource for more than twenty-four (24) hours unless there is probable cause to believe the youth has violated a valid court order.

(d) Dependent and neglected youth shall not be detained in secure rooms unless those rooms are rendered “non-secure” for the duration of the placement.

(10) A youth shall not be detained in any secure facility or secure portion of any facility unless the criteria established in T.C.A. §§ 37-1-114 and 37-1-116 (2016 and as amended) are met.

June, 2017 4 (11) For youth with special needs, provisions shall be made to address special needs for those youth who exhibit or who have documented physical or intellectual disabilities or impairments, limited English proficiency (LEP), and/or mental or emotional health issues.

(12) Informed Consent (a) Rules in subparagraphs (b)-(d) may not be applicable if family contact is determined to be contraindicated by the administrator due to safety concerns concerning the youth or the facility. Such determination shall be documented by the facility administrator or designee.

(b) At admission, staff shall request the name and contact information of an adult family member or guardian who can provide information about a youth’s health and mental health history, Medicaid and health insurance information, and consent to medical treatment for the youth, if necessary.

(c) Any medical and/or mental health examinations and/or services provided to detained youth by medical or mental health professionals shall conform to state laws for informed consent and the right to refuse treatment.

(d) Facility staff shall obtain informed consent using a language that is understandable to the youth and his or her parent or legal guardian.

(13) Family Engagement (a) Rules in subparagraphs (b)-(e) may not be applicable if family contact is determined to be contraindicated by the administrator due to safety concerns concerning the youth or the facility. Such determination shall be documented by the facility administrator or designee.

(b) Facility administrators shall provide means for parents and legal guardians, including individuals who have limited English proficiency, to ask questions about the facility and its programs and ensure that those questions are answered.

(c) The facility shall provide parents and guardians contact information for a staff member who they can contact to obtain information about their youth and his or her adjustment to the facility. The facility shall make appropriate arrangements to communicate with parents or guardians who have limited English proficiency.

(d) Facility staff shall encourage contact between youth and family members through mail, telephone, visitation and other means.

(e) Parents, guardians and other family members shall be able to register complaints about the treatment of youth. Facility administrators shall promptly reply to such complaints in writing. The facility shall make appropriate arrangements to receive complaints from parents or guardians who have limited English proficiency.

(14) All licensed agencies shall ensure freedom from discrimination or harassment on the basis of race, color, religion, sex, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. This applies to youth, families, clients and employees.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017. June, 2017 5

Tenn. Comp. R. & Regs. 0250-04-08-.03 ADMINISTRATION AND MANAGEMENT

(1) Each facility shall develop a mission statement and written policies and procedures governing the facility's operations. These policies and procedures shall be reviewed and updated annually and shall be accessible to all staff at all times. Staff shall be trained on these policies during pre-service and during their annual in-service training.

(2) There shall be written plans, developed in advance, for dealing with emergencies such as escape, medical emergencies, quarantine, disturbances, assaults on staff, hostage taking, and emergency evacuation. These written plans shall be incorporated into the facility's operations manual. Each staff member shall be trained on these plans; documentation shall be noted in individual employee training records.

(3) The facility administrator shall approve a list of articles and materials that shall be allowed in the living area. This list shall be made available to all youth upon admission.

(4) Facility administrators shall regularly review logbooks, special incident reports, records of use of physical force or restraints, grievances, and recreation records. Facility administrators shall provide positive feedback to staff on exemplary performance. Facility administrators shall advise staff of any areas of concern and take appropriate action with respect to particular staff members such as re-training, discipline, and termination, as appropriate.

(5) An intake process shall be completed for every youth admitted to the facility and shall contain the following information, as available:

(a) Date and time of admission;

(b) Name and aliases of youth;

(c) Last known address;

(d) Specific charge(s);

(e) Gender;

(f) Age;

(g) Date of birth;

(h) Place of birth;

(i) Race;

(j) Employment information;

(k) Educational information, including name of originating school system (LEA);

(l) Name, relationship and contact information for next of kin;

(m) Other key contact person(s) and addresses to notify in case of emergency, including legal representation and/or assigned juvenile case manager;

(n) Name of legal guardian;

(o) Driver's license and social security number;

June, 2017 6 (p) Status: pre/post adjudication;

(q) Notation of cash and property;

(r) Bonding company;

(s) Amount of bond;

(t) Court date and time;

(u) Room assignment;

(v) Presenting medical and mental health information, including suicide risk, prescribed medications, open wounds, pregnancy, current and/or history of physical and sexual abuse, allergies, and intoxication (drugs or alcohol); and (w) Information regarding the youth’s custodial status (DCS custody).

(6) The admitting staff member shall ensure that each youth received is committed under proper legal authority.

(7) At the time of a youth’s admission to the facility, a diligent attempt shall be made to notify the youth’s parents or guardians. This, and all future attempts, shall be documented in case records.

(8) Cash and personal property shall be secured from the youth upon admission, listed on a receipt form in duplicate, and securely stored pending the youth's release. The receipt shall be signed by the receiving staff member and the youth, the duplicate given to the youth, and the original kept for the record. If the youth is unable or unwilling to participate in the process, there shall be at least one (1) witness to verify this refusal and the youth’s refusal shall be documented.

(9) Written policy and procedure shall ensure that records on youth are current and accurate.

(10) Written policy and procedure shall ensure that youth’s records shall be maintained confidentially.

(11) Written policy shall govern the management of youth records including, at a minimum, the following areas:

(a) The establishment, use and content of youth records;

(b) Right to privacy;

(c) Secure storage and preservation of records; and (d) Established schedule for disposal of inactive records.

(12) All youth records shall be retained a minimum of one (1) year from the date of discharge. All medical records shall be retained until a youth's nineteenth (19) birthday. The facility’s policy shall adhere to state and federal guidelines regarding the retention of all special education records.

(13) Written policy and procedure shall specify that the person receiving a youth at discharge shall be an approved parent or legal guardian and shall present appropriate identification. Positive June, 2017 7 identification of a youth shall be made by the releasing staff member before discharge or release.

(14) All youth released from the facility shall sign a receipt for property, medications, valuables and cash returned to the youth, parent, or legal guardian at the time of release. All items shall be carefully inventoried on the receipt and witnessed by the releasing staff member. The receipt shall be kept in the permanent records of the facility. If the youth is unable or unwilling to sign a receipt, there shall be at least one (1) witness to verify this refusal, and the youth’s refusal shall be documented.

(15) There shall be a system for youth and staff to communicate with one another at all times.

(16) Facility staff shall cooperate promptly with requests from juvenile courts, LEAs, law enforcement and Departmental representatives.

(17) Written policy and procedure shall provide that youth be allowed to have confidential access to attorneys and/or their authorized legal staff and/or court appointed representatives at any reasonable hour. The facility shall establish the hours during which attorneys may visit.

(18) Records shall be kept noting a youth’s access to the courts, visitation or access to the public, disciplinary actions and outcomes, medical or behavioral conditions, and/or any other pertinent information. Such records shall be retained per facility policy, statutory requirement and/or administrative rules and regulations.

(19) Any significant incident involving a youth shall be documented in a written incident report and retained in the youth’s individual file. The incident report shall include date, time, location, and witnesses. Every incident report shall also clearly document the youth’s involvement and behavior, and staff actions or reactions (e.g., verbal and physical interventions and follow-up actions) resulting from the incident. Incident reports completed by the facility to fulfill contractual requirements issued by the department shall be considered acceptable in meeting compliance with this provision. The incident shall be reviewed by the facility administrator or the facility administrator’s designee prior to the conclusion of the shift and reported as designated by the department and the local jurisdiction. All incident reports shall be made available for review by licensing personnel. Significant incidents include, but need not be limited to, the following:

(a) Aggressive behavior, e.g., threats, fights and assaults;

(b) Attempted and completed escapes;

(c) Suicidal threats and attempts;

(d) Any incident involving use of physical force by staff;

(e) Use of isolation;

(f) Use of mechanical restraints for reasons other than transportation; and (g) Sentinel events, including death or serious illness/injury.

(20) The facility shall cooperate fully with the Tennessee Commission on Children and Youth in monitoring Juvenile Justice and Delinquency Prevention core requirements and any other appropriate monitoring entity. The facility may contact the licensing office to confirm the monitoring entity’s authority if questions arise.

June, 2017 8 (21) Each juvenile detention center shall maintain census information for all youth detained at the juvenile detention center. The census shall reflect the following for each youth:

(a) First and last name;

(b) Date of birth and age;

(c) Sex;

(d) County of original jurisdiction;

(e) Date of admission;

(f) Date of discharge (when applicable);

(g) Length of stay;

(h) Custodial disposition; and (i) Reason for detention.

(22) Reports shall be submitted to the Department as follows:

(a) Each juvenile detention center shall, on a monthly basis and on a form provided by the Department, provide the Department an aggregate report detailing the following information:

1. Physical capacity of the facility;

2. Demographic information, including monthly discharges by age and gender;

3. Monthly discharge information, including custodial status and length of stay; and 4. Any other information required by the Department.

(b) Any proposed change in the facility's location shall be reported to the licensing office a minimum of ninety (90) days prior to the proposed move date to facilitate licensure of the new location. Any facility that changes location without obtaining the appropriate license for the new location shall be considered to be operating as an unlicensed program and shall be subject to any related legal, civil or regulatory penalties.

(c) Any sentinel event shall be reported immediately to the youth’s parent or legal guardian and the Department’s licensing office.

(d) Any known or suspected incidents of brutality, abuse, neglect, or child sexual abuse shall be reported immediately to both the child abuse hotline at 1-877-237-0004 and the Department’s licensing office.

(e) A succession roster for reporting any significant emergency situations affecting or potentially affecting the safety and welfare of the youth served by a facility, including sentinel events, shall be developed and included in policy accessible to all staff. The Department’s licensing office shall be included as a point of contact on any such succession roster.

June, 2017 9

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.04 PERSONNEL

(1) Written policy shall indicate that there is a hiring plan consistent with the facility’s Affirmative Action obligations to include, at a minimum, a clear commitment to recognize and develop the abilities of all minorities, women, and handicapped persons in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Americans with Disabilities Act (P.L. 101-336) of 1990.

(2) Written policy shall indicate a clear commitment to recognizing diversity in hiring.

(3) Written policy shall provide that, except in temporary, exigent situations approved by the facility administrator, there shall be a separation of youth care and adult care staff, including management, security, recreational, educational and counseling and other direct care staff.

Specialized service staff, such as cooks, bookkeepers and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of youth and adults are excluded from this requirement.

(4) Written personnel policies shall be provided to each staff member prior to or at time of employment. These shall include but are not limited to:

(a) A job description for each position covering the position’s responsibilities, academic qualifications and required level of experience;

(b) Annual salary schedule and performance review requirements;

(c) Physical examination policy, which shall include a required physical examination and tuberculin screening for all staff members having contact with youth. The examination shall be no older than twelve (12) months prior to hire date or shall be completed within ninety (90) days of employment;

(d) Training requirements and documentation of completion;

(e) Vacation policy that clearly defines allowable time and payment plan;

(f) Sick leave policy;

(g) Policies regarding Social Security, insurance, retirement plans, and other fringe benefits;

(h) Facility grievance procedure;

(i) Grounds for dismissal; and (j) Confidentiality of youth information.

(5) Specific Qualifications for Staff:

(a) The facility administrator shall have a high school diploma and at least two (2) years experience in juvenile justice or child welfare.

(b) All facility staff shall have a high school diploma or its equivalent. Staff who do not meet this requirement at the time of the effective date of these standards are permitted to June, 2017 10 remain in their positions; however, any staff hired after the effective date are required to have a high school diploma or its equivalent.

(6) Staff Development:

(a) Juvenile Detention Centers 1. Each juvenile detention center shall be required to provide personnel forty (40) hours of pre-service training before a staff member assumes individual job responsibilities. All staff members who have not received this forty (40) hours of training shall be accompanied at all times by a staff member who has received such training. There shall be documentation of topics covered and dates covered and class roster. Topics shall include but are not limited to:

(i) Hostage policy;

(ii) Crisis Management/Emergency Contingency Plan;

(iii) Use of force, including approved manual restraint techniques, chemical agents and mechanical restraint;

(iv) Admission and release;

(v) Security procedures;

(vi) Proper administration of CPR, first aid and medications;

(vii) Indicators of mental illness and potential for suicide;

(viii) Professional ethics and standards of conduct;

(ix) Cultural diversity;

(x) The purpose and operating policies and procedures of the facility;

(xi) Rights of detainees;

(xii) Behavioral observation and recording;

(xiii) Confidentiality;

(xiv) Sexual abuse and sexual harassment prevention, detection and response.

Curriculum and/or other training materials used in compliance with federal PREA guidelines shall fulfill this requirement;

(xv) Verbal de-escalation techniques;

(xvi) Universal Safety Precautions and infectious diseases;

(xvii) Medical and mental health needs of youth; and (xviii) Federal mandates, including PREA and Title VI.

2. All juvenile detention center staff whose duties include the supervision, custody, or treatment of youth shall be required to complete an annual in-service program designed to instruct them in specific skill areas of operations. This annual in- June, 2017 11 service shall consist of forty (40) hours to be approved and monitored by the Department. During the staff member’s first year, these forty (40) hours of inservice shall be in addition to the required forty (40) hours of pre-service.

3. As part of the training requirements in part 2. and 3. of this Rule, direct care staff and supervisory staff assigned to work at the facility shall be trained annually in First Aid and CPR. Approved First Aid and CPR training shall meet the following provisions:

(i) The curriculum shall conform to current American Heart Association or American Red Cross guidelines;

(ii) The curriculum shall require hands-on, skill-based instruction, as well as written and practical testing. Training and certification that is provided solely “on-line” shall not be accepted; and (iii) The instructor shall be qualified and authorized to teach the curriculum and shall be certified by a nationally recognized organization.

4. Medical-related training shall also cover:

(i) Skills development for response in emergency situations;

(ii) Transfer to appropriate medical provider;

(iii) Recognition of symptoms of illness most common to youth;

(iv) Medication administration;

(v) Confidentiality of medical records and information (HIPAA); and (vi) Universal precautions.

5. All juvenile detention center staff members who are authorized to use chemical defensive agents and mechanical restraints shall receive basic and ongoing annual in-service training in their use. All such training shall be recorded with the dates completed and kept in the staff member’s personnel training file.

6. All juvenile detention center staff members who directly supervise youth shall have specific training on proper techniques and implements to be used in removing a youth from a hanging situation. This training shall be provided in the staff member’s pre-service array and on an annual basis.

7. Each juvenile detention center shall maintain records on the specific training, including credit hours, completed by each juvenile detention center staff member.

8. Each juvenile detention center shall ensure that there is written policy that requires individuals who work with both youth and adult inmates in collocated facilities to be specifically trained and approved to work with youth.

(b) Temporary Holding Resources 1. Each temporary holding resource shall be required to provide full and part-time staff sixteen (16) hours of pre-service training pertaining to security, facility operations and interacting with youth before a staff member assumes unsupervised individual job responsibilities. All staff members who have not June, 2017 12 received this sixteen (16) hours of training shall be accompanied at all times by a fully trained staff member until these training requirements are met. Each full and

part-time staff member shall receive an additional nine (9) hours of instruction over the course of the first year of employment. This training can be provided during the course of the employee’s routine execution of job responsibilities wherever necessary. However, there shall be documentation of all topics and dates covered. All full and part-time staff members shall subsequently receive twenty (20) hours of instruction annually. Topics shall include but are not limited to:

(i) Hostage Policy (ii) Crisis Management/Emergency Contingency Plan;

(iii) Use of force, including approved manual restraint techniques and mechanical restraint;

(iv) Admission and release;

(v) Security procedures;

(vi) Proper administration of CPR, first aid and medications;

(vii) Indicators of mental illness and potential for suicide;

(viii) Professional ethics and standards of conduct;

(ix) Cultural diversity;

(x) The purpose and operating policies and procedures of the facility;

(xi) Rights of detainees;

(xii) Behavioral observation and recording;

(xiii) Confidentiality;

(xiv) Sexual abuse and sexual harassment prevention, detection and response.

Curriculum and/or other training materials used in compliance with federal PREA guidelines shall fulfill this requirement;

(xv) Verbal de-escalation techniques;

(xvi) Universal Safety Precautions and infectious diseases; and (xvii) Medical and mental health needs of youth 2. The administrator, as well as each full-time child care staff who directly supervises children, must receive after the first year of employment, forty (40) hours of in-service training related to the administration and operation of a temporary holding resource. Training received through other curriculum such as law enforcement, PREA compliance and other, similar fields can be used to meet these requirements.

3. All staff members who directly supervise youth shall have specific training on proper techniques and implements to be used in removing a youth from a June, 2017 13 hanging situation. This training shall be provided in the staff member’s preservice array and on an annual basis.

4. Each temporary holding resource shall maintain records on the specific training, including credit hours, completed by each temporary holding resource staff member.

5. Each temporary holding resource shall ensure that there is written policy that requires individuals who work with both youth and adult inmates in collocated facilities to be specifically trained and approved to work with youth.

(7) Volunteers (a) The facility shall establish an application and screening process in order to ensure that all prospective volunteers are of sufficient character and competence as to meet the facility’s needs.

(b) The facility shall provide an ongoing training program and orientation to the philosophies and practices specific to the facility to each volunteer within the facility.

Within two (2) weeks of being admitted to the facility’s program as a volunteer, the new volunteer shall receive orientation and instructions related specifically to child abuse detection, reporting, and prevention and confidentiality. This training shall be documented in the individual's volunteer file.

(c) Paid staff members shall adequately supervise all volunteers.

(d) The facility shall maintain an individual file, including the application to participate as a volunteer; the results of the screening process; documentation of orientation and training, including child abuse prevention training; a declaration of good health; and three (3) letters of reference shall be obtained by the facility prior to allowing the volunteer to have direct contact with youth. The facility shall maintain this documentation in the facility records.

(e) Faith and community-based organizations providing volunteer services to the youth of less than twenty (20) hours per week shall meet requirements established by the facility administrator. Only those individuals who have been properly vetted pursuant to procedure required in 0250-07-08-.04(8) for prior criminal behavior, either through the organization or by the facility, may have direct access to the youth.

(8) The facility shall ensure that all prospective and current employees, volunteers and other persons having access to youth in care shall be appropriately screened for prior criminal behavior and/or abuse history. All background checks shall be conducted and documented according to requirements developed by the Department.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.05 SERVICE PROVISION

(1) Hygiene (a) The standard clothing issue for both males and females held in the facility longer than twenty-four (24) hours shall include the following:

1. Clean socks;

June, 2017 14 2. Clean undergarments, including safety approved bras for females;

3. Clean outer garments; and 4. Clean footwear.

(b) Clean personal clothing, if available, may be substituted for facility clothing at the discretion of the facility administrator.

(c) Provisions shall be made so that youth can regularly obtain the following hygiene items supplied by the facility:

1. Soap and shampoo;

2. Toothbrush;

3. Toothpaste;

4. Comb or brush;

5. Toilet paper;

6. Feminine hygiene materials; and 7. Deodorant.

(d) Haircuts for youth who request them shall be made available at a minimum on a monthly basis.

(e) Youth shall be permitted to brush their teeth and take a hot shower daily on a schedule established by the facility between the hours of 5:00 AM and 11:00 PM. Youth shall be allowed at least five (5) minutes to shower and shall be provided privacy to shower in single-occupancy stalls with shower curtains or shower doors.

(f) Each youth who remains placed in the facility overnight shall be provided the following:

1. One (1) clean fire-retardant mattress in good repair;

2. One (1) clean mattress cover;

3. One (1) clean fire-retardant pillow in good repair with pillow case. Mattresses with incorporated pillows are acceptable and an additional pillow does not need to be provided;

4. Sufficient clean blankets to provide comfort under existing temperature conditions;

5. One (1) clean bath-size towel; and 6. One (1) clean washcloth.

(g) An adequate supply of bedding and towels shall be maintained. Bedding shall be cleaned as follows:

June, 2017 15 1. Sheets, pillowcases, mattress covers, and towels shall be changed and washed at least once a week.

2. Bedding shall be disinfected after use by each youth.

3. Blankets shall be laundered or otherwise sterilized before re-issue.

(h) Clothing, whether personal or institutional, shall be exchanged and cleaned at least twice weekly unless work, climatic conditions or illness necessitate more frequent change. Undergarments shall be exchanged daily.

(2) Programs and activities (a) Basic services shall be available to all youth as soon as they are admitted.

Programmatic offerings shall be made available to all youth in juvenile detention centers within twenty-four (24) hours of their admittance to the facility. The facility shall provide or make available the following minimum services and programs to all adjudicated and pre-adjudicated youth:

1. Educational Services (i) Youth who are certified for special education upon admission are referred to the Director of Special Education of the school system in which the Juvenile Detention Center is located; and (ii) Each Juvenile Detention Center shall work with the appropriate LEA where the Juvenile Detention Center is located in order to ensure general education services are provided to the youth. This may include entering into an agreement between the juvenile detention center, appropriate school districts, Tennessee Department of Education, and DCS.

2. Access to mental health counseling, substance abuse counseling and crisis intervention services as needed;

3. Medical services;

4. Food services;

5. A recreation and leisure-time plan that includes at least one (1) hour per day of physical exercise and large muscle activity outside the room and one (1) hour per day of structured leisure-time activities. Restrictions may apply if the resident poses a risk to themselves or others;

6. Culturally diverse and approved reading material approved by the facility; and 7. The facility shall allow for youth to voluntarily participate in religious activity at least once a week so long as security is not compromised.

(b) Every youth shall have unrestricted and confidential access to the courts, legal representation, assigned caseworkers, child abuse hotlines and law enforcement.

Youth shall have the right to present any issue before a court of law or governmental agency.

(c) Youth shall not be permitted to perform any work prohibited by state and federal regulations and statutes pertaining to child labor or perform duties normally done by staff members due to inadequate staffing.

June, 2017 16 (d) Work assignments shall not conflict with the education program.

(e) Youth eighteen (18) years of age shall not be housed in the same sleeping areas (bedrooms) as youth under the age of eighteen (18). Programmatic segregation of eighteen (18) year-old youth in other areas and activities shall be at the discretion of the facility administrator.

(f) The Facility administrators shall have discretion in making appropriate arrangements, either upon admission, or in response to circumstances within the milieu, for the protection of vulnerable youth. This may include temporary protective measures in both sleeping arrangements and common activities. Such arrangements shall be short-term and noted in writing by the facility administrator.

(3) Mail, Telephone Access, and Visitation (a) Written policy shall outline the facility's procedures governing youth's mail, including the censoring of mail. Any regulation for censorship shall meet the following criteria:

1. The regulation shall further an important and substantial security interest unrelated to the suppression of expression (e.g., detecting escape plans which constitute a threat to the safety or well-being of staff or other youth); and 2. The limitation shall be no greater than is necessary to the protection of the particular security interest involved.

(b) Incoming mail shall be inspected for contraband items prior to delivery. Mail received from the courts, attorney of record, or public officials shall be delivered unopened in the presence of the youth.

(c) Outgoing mail shall be collected and incoming mail shall be delivered without unnecessary delay.

(d) A youth shall be notified if a letter is rejected, whether it is written by or addressed to the youth. Only correspondence to or from those persons on contact lists approved by the administrator or their designee shall be allowed.

(e) When a letter is rejected, policy and procedure shall provide an opportunity for the youth to appeal that decision to the facility administrator.

(f) Written policy and procedure shall provide that the facility permits postage for at least two (2) free personal letters per week for youth. Youth shall also receive free postage for all legal correspondence or case-related mail.

(g) Written policy shall define the facility's visitation policies, which shall include, at a minimum:

1. A schedule of visitation times and length of visitation allowed;

2. The maintenance of a visitors log;

3. Provision that all visitors shall register before admission and may be denied admission for refusal to register, for refusal to consent to search, or for any violation of posted facility rules; and 4. Notification of the possibility of visitor searches.

June, 2017 17 (h) Juvenile Detention Centers shall have written policy which provide that the Juvenile Detention Centers shall allow a minimum of one (1) hour of visitation each week for each youth with their parent, legal guardian, or other approved family members unless specifically prohibited by the juvenile court judge or their designee; this does not preclude visitation by other approved persons at the discretion of the Juvenile Detention Center. Restrictions may be imposed if the youth is determined to pose a risk to themselves or others.

(i) Temporary Holding Resources shall have written policy that provides that the Temporary Holding Resources shall allow each youth to visit with their parents or guardian at least once a day between 12:00 noon until 6:00 p.m. unless visitation is specifically prohibited by the juvenile court judge or their designee. Other visitors or hours of visitation shall be approved by the Temporary Holding Resource administrator or juvenile court judge.

(j) Juvenile Detention Centers shall have written policy and procedure which requires the Juvenile Detention Centers to provide reasonable telephone access that, at a minimum, shall consist of one (1) personal phone call per week. Additionally, each youth shall be afforded at least ten (10) minutes of phone conversation per week. Such procedure, including any limitations imposed by the program, shall be in writing and posted so as to be conspicuous to youth. The procedure shall include, at a minimum:

1. The hours during which such access shall generally be provided; and 2. A statement regarding the privacy of telephone communication.

(k) Temporary Holding Resources shall have written policy which provides that each youth shall be allowed to receive up to two (2) telephone calls a day from their parents or legal guardian during the hours of 8:00 a.m. and 9:00 p.m. unless specifically prohibited by the juvenile court judge or their designee.

(4) Food Services (a) Current food service guidelines and a menu approved by a registered dietician or nutritionist shall be used in all meal preparation whether meals are prepared on or offsite.

(b) Three (3) meals and a substantial evening snack shall be provided daily with no more than a fourteen (14) hour span between the evening meal and breakfast on the following day. At least two (2) of these meals shall be hot.

(c) All meals prepared onsite shall be under the direct supervision of agency staff. Any meals prepared off-site and delivered to the facility shall be served expeditiously to maintain safe serving temperature and palatability.

(d) Written policy and procedure shall require that accurate records are maintained on the number of meals served per day, the actual food served and the scheduled meal times.

(e) Food shall not be used as punishment. Such action is grounds for adverse licensing action. Food may only be used as a reward when offered in addition to the minimum requirements established in 0250-04-08-.05(3)(b).

(f) All medically modified diets of youth shall be prepared and offered as prescribed by a physician, nurse practitioner and/or recommended by a registered dietician or June, 2017 18 nutritionist. Special provisions shall be made to accommodate religious diets requiring modification and shall be documented for review by licensing staff.

(g) The preparation or storage of food shall not be permissible in any residential areas of the facility. All food preparation and storage shall meet current Tennessee Department of Health guidelines.

(h) Proper storage of food shall assure that there shall be no contamination of the food from any source. Insecticide, cleaning agents and poisonous substances shall be stored away from food and plainly labeled. Airtight containers or wrappings shall be used in the storage of frozen, refrigerated, and perishable items. The facility shall utilize “first in/first out” rotation in the storage of all food products.

(i) The temperature of potentially hazardous food shall be 41ºF or below or 135ºF or above at all times except as otherwise provided in the current edition of the ServSafe Manager Book.

(j) All refrigerators and freezers shall be clean and contain a thermometer. The temperature shall be maintained at 41ºF or below in all refrigeration units. The temperature shall be maintained at 0ºF for all freezer units. Fluctuation in temperatures from incidental use shall not be considered noncompliant. The temperature for the dry storage area should be between 50ºF to 70ºF.

(k) No medication of any kind shall be stored in refrigerators containing food products.

(l) All food products shall be stored at least six (6) inches off the floor on shelves or in shatterproof containers with tight fitting lids.

(m) Stoves shall be equipped with operable hooded exhaust systems and the filters shall be kept clean. Hoods shall be inspected twice yearly and inspections documented for licensing review.

(n) A system for the control of all sharps and chemicals shall be documented in policy and observable in practice.

(5) Disciplinary Hearings and Appeals in Juvenile Detention Centers (a) The Facility’s written policies shall provide for disciplinary hearings to be held in cases of alleged violations of youth conduct rules within seven (7) days of the write-up if the youth is still in the Facility, excluding holidays, weekends, and emergencies. These hearings shall include the following administrative guarantees:

1. Youth shall receive written notice in their language of charges and time of hearing at least twenty-four (24) hours prior to hearing. The youth shall be allowed to prepare for the appearance before an impartial officer or board.

2. A youth has the right to call and cross-examine witnesses and present evidence in their own defense, when permitting them to do so shall not be unduly hazardous to institutional safety or correctional goals.

3. The reasons for any limitations placed on testimony or witnesses shall be stated in writing by the hearing chairperson.

4. There shall be a written statement by the fact finders as to evidence relied on and reasons for the disciplinary action.

June, 2017 19 5. An appeals process shall be established if the youth disagrees with the decision of the board or impartial officer or board, and the youth shall be given notice of their right to appeal.

6. A youth has a right to waive hearing or appeal.

(b) The youth shall receive a copy of the disciplinary decision.

(c) The facility administrator may provide, at their discretion, written notification of major disciplinary actions involving the youth to the youth's parent, legal guardian, or custodian.

(d) Documentation of major disciplinary action shall be maintained in the youth’s record and facility’s record and made available for review by a youth’s parent, custodian, legal guardian, legal counsel, or other appropriate party in the event of an inquiry.

(e) Written policy and procedure shall provide that the relevant disciplinary reports are removed from all files of any youth found not guilty of an alleged violation.

(6) Grievance Procedures in Juvenile Detention Centers (a) The facility shall provide more than one method to report abuse, neglect, harassment and retaliation by other youth or staff within the facility.

(b) The facility shall provide avenues for youth to report abuse, neglect, harassment, or retaliation to a public or private entity or office that is not part of the agency that operates the facility, such as these entities: the public defender’s office, attorneys, the courts, the child abuse hotline, local law enforcement, child welfare agencies and the Office of Child Welfare Licensing. These entities shall be able to receive and immediately forward youth reports of sexual abuse and sexual harassment to administrative officials within the facility and to allow the youth to remain anonymous upon request.

(c) The facility’s opportunities for reporting abuse, neglect, harassment and retaliation shall include ways to report orally, in writing, anonymously and by third parties.

(d) Staff shall provide all youth with access to a grievance procedure that provides an opportunity for a fair consideration and resolution of complaints about any aspect of the facility, including medical and mental health services.

(e) Staff shall ensure that youth understand how to use the grievance process and can obtain and submit grievance forms confidentially. Staff shall provide youth with writing implements to fill out the forms.

(f) The facility’s grievance system shall be accessible to all youth, including youth with limited literacy, youth who have limited English proficiency and youth with intellectual or developmental disabilities. Staff shall ensure that:

1. Youth with intellectual disabilities, developmental disabilities, or limited literacy or limited English proficiency receive oral explanations of the grievance process that they can understand;

2. Grievance forms shall use easy-to-understand language and shall be simple in their design;

3. Youth shall be able to report grievances orally and in writing; and June, 2017 20 4. Youth with intellectual disabilities, developmental disabilities, or limited literacy or English proficiency receive assistance in using the grievance process.

(g) Once submitted by youth, grievances shall be forwarded to the facility administrator or designee. Grievances shall be handled by an individual who can independently investigate the issues raised in the grievance and recommend corrective action to the administrator. Youth shall be permitted to submit a grievance without submitting it to a staff member who is the subject of the complaint.

(h) The facility shall offer an emergency grievance procedure for youth who are at risk of imminent harm. The emergency grievance procedure shall allow for rapid response to needs identified through emergency grievances.

(i) The facility shall not impose time limits on when youth can file grievances.

(j) Staff shall not discipline youth for filing a grievance, even if an investigation does not establish sufficient evidence to substantiate the complaint. Discipline does not include appropriate legal action taken by the facility administration to address false allegations of abuse or similarly harmful activity.

(k) The facility shall permit interested third parties, including family members, attorneys and outside advocates, to file grievances on behalf of youth.

(l) The facility shall provide information to third parties on how to submit grievances on behalf of youth.

(m) Facility staff, administrators, ombudspersons, or other personnel will fully investigate all grievances, including interviewing the youth who filed the grievance and any youth or staff members mentioned by the youth. Staff alleged to be involved in the grievance shall not conduct the investigation.

(n) Youth shall receive responses to their grievances that are respectful, legible and responsive.

(o) Staff shall provide youth with an opportunity to appeal the decision regarding the grievance. Facility administrators charged with handling appeals shall respond to appeals promptly and fairly.

(p) If staff finds a grievance to be valid, facility administrators shall take appropriate action and when staff actions are involved, provide for counseling, retraining, reprimand, discipline, or termination of the employee and, in an appropriate case, for the filing of child abuse or criminal charges.

(q) Facility staff, administrators or other personnel shall fully document all grievances and the results of grievance investigations.

(r) Facility administrators shall regularly gather and review data on grievances (granted and denied) by race, ethnicity, gender, developmental and intellectual disability, mental illness, special education status and limited English proficiency status for patterns or trends.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017. June, 2017 21

Tenn. Comp. R. & Regs. 0250-04-08-.06 MEDICAL SERVICES

(1) When a youth requires medical care, the facility staff shall transport or arrange for transportation of the youth to a medical facility. If a youth is in need of urgent or emergency care, the facility staff shall transport them to the nearest or designated urgent care clinic or hospital emergency department as soon as possible. Diligent efforts shall be made to immediately notify the youth’s parent or guardian. Medical complaints, diagnoses, treatment received, diligent efforts, and parental notification shall all be documented.

(2) First aid kits shall be available to and fully accessible by staff. A licensed medical professional shall approve the number and contents of such kits. Documentation of such approval shall be in the facility's permanent records or attached to the kit itself and shall be renewed annually. Outdated medications, including topical ointments, shall be removed and replaced.

(3) Wellness/Health screenings shall be performed on all youth, in a confidential environment, upon admission to a Juvenile Detention Center and before their placement in the general housing area. The findings shall be recorded on a printed or electronic screening form. The juvenile detention center staff member performing this duty shall inquire and check for evidence or appearance of:

(a) A serious illness or communicable disease or condition;

(b) Open wounds;

(c) Prescribed medications;

(d) Intoxication – alcohol or drug use;

(e) Pregnancy (last menstrual cycle);

(f) Physical or sexual abuse;

(g) Allergies;

(h) Past or current suicidal ideations and/or attempts;

(i) Mental health issues, including any prior mental health treatment;

(j) Recent significant loss, including but not limited to, the death of a family member or close friend;

(k) History of mental health diagnosis or suicidal behavior by family members and/or close friends; and (l) Suicidal issues or mental health diagnosis during any prior confinement.

(4) A physical/health history examination shall be completed on all youth admitted to a Juvenile Detention Center within fourteen (14) days of their initial admission date unless documentation of such an examination dated within six (6) months prior to admission is available. A physician, nurse practitioner or registered nurse shall perform this examination.

This examination shall include:

(a) Monitoring of vital signs;

June, 2017 22 (b) Height and weight;

(c) Review of systems;

(d) Medical history; and (e) Diagnoses and treatment recommendations as necessary.

(5) Sick call, conducted by a physician or other person designated by a physician as capable of performing such duty, shall be available to each youth admitted to a Juvenile Detention Center according to written triage procedure for the center. All sick call requests shall be documented and logged for review. These logs should reflect the date and time of the sick call request and any subsequent follow up. The youth shall be informed of these procedures upon admission. Triage policy and procedure, including documentation of access to emergency health services, shall be made available for review by licensing staff.

(6) Dental treatment shall be provided when the health of the youth would otherwise be adversely affected during confinement as determined by a physician or dentist.

(7) Youth on prescription medications shall, whenever possible, have their medications continued without interruption unless a qualified medical professional determines that continuing the medication is clinically inappropriate. Medication continuity decisions are made through a same-day evaluation by a physician, nurse practitioner or psychiatrist or appropriate phone consultation between a nurse and a physician or psychiatrist, or sooner if medically necessary. The facility shall not administer any medications that are expired or not in original containers.

(8) There shall be strict control of medications to be issued to youth. All medications shall be prescribed by a physician or nurse practitioner at the time of use. Over the counter medications can be administered by written medical protocol approved by a licensed medical provider. A trained staff member shall be responsible to see that medication is administered as prescribed.

(9) All medication shall be double-locked within the medical area of the facility or other area approved by DCS Licensing. A medication receipt, log, and administration system shall be established. A running count of all prescribed medications shall be documented on an approved Medication Administration Record (MAR) including controlled medications and prescribed medications. A continuous inventory shall be maintained for syringes and other sharps. All used syringes and other contaminated material shall be disposed of in compliance with guidelines for disposal of bio-hazardous waste. All medication, including topical ointments, shall be checked monthly for expiration dates and expired medication shall be disposed of immediately.

(10) Medical records shall be maintained on each youth’s physical condition upon admission, during confinement, and at discharge. The medical record shall include all medical orders issued by the physician and any other medical personnel who are responsible for rendering health care services. These records shall be retained until the youth's nineteenth (19th) birthday.

(11) In case of medical or mental health emergencies, specific resource information shall be readily accessible to all staff members including, but not limited to, local hospital emergency department, local physician’s office, crisis intervention services, 911 or local emergency response, and poison control numbers. Contact information for parent, guardian, or family member of each youth shall also be readily available in case of emergency.

June, 2017 23 (12) Staff shall immediately place youth identified as needing further evaluation for suicide risk or other acute mental health conditions on constant observation until they can be formally assessed by a qualified mental health professional such as, but not limited to, a mobile crisis response unit. Staff shall promptly contact a qualified mental health professional in order to develop an emergency intervention plan for such youth. The qualified mental health professional shall conduct an assessment of the youth within twenty-four (24) hours. Only a qualified mental health professional may remove a youth from constant observation.

(13) Youth who are identified as requiring additional medical or mental health follow-up for reasons other than significant medical or mental health needs or suicide risk shall be immediately referred for an assessment by a qualified medical or qualified mental health professional, as appropriate.

(14) Youth who are identified upon initial screening, or at a later date, as having experienced prior sexual victimization or who previously perpetrated sexual abuse shall be offered a meeting with a qualified mental health professional within seventy-two (72) hours of either admission to the facility or request by the youth.

(15) The facility shall develop and implement written policies, procedures and practices, in conjunction with the health authority, that ensure sufficient supervision of youth identified with potential medical problems (e.g., diabetes, asthma) until the youth receives a full health assessments.

(16) Provisions for appropriate medical and neonatal care shall be made for pregnant youth.

(17) For youth in the custody of the Department, if health or behavioral health services are not provided directly by the facility, but received by the child through community clinicians, the facility shall complete CS-0689, Health Services Confirmation and Follow up Notification to the community provider. The Health Services Confirmation provides information about the service that was received and notes any follow-up services needed.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.07 SUPERVISION OF YOUTH

(1) Staff shall provide direct supervision of all youth in placement, including at a minimum the following levels of visual contact:

(a) All youth confined in their rooms due to seclusion or medical requirements shall be observed every fifteen (15) minutes.

(b) Youth who are actively violent or intoxicated shall be observed every five (5) minutes.

(c) Youth exhibiting or expressing suicidal behavior or ideation shall be under constant direct observation and the following procedures shall be followed:

1. Referral to appropriate and pre-designated mental health practitioner or mobile crisis unit shall be immediately made and documented;

2. Reasons for removal from the general population shall be documented;

3. Behavior of youth during this period shall be clearly documented every fifteen (15) minutes; and June, 2017 24 4. Written authorization for release from constant supervision shall be made by a licensed and designated mental health professional or in accordance with internal local protocol.

(d) All youth shall be monitored every fifteen (15) minutes for the first twenty-four (24) hours of their detention and at least every thirty (30) minutes thereafter until release.

Monitoring intervals do not pertain to routine direct line-of-sight supervision; however all such supervision shall be denoted as such.

(2) The time of all supervision checks shall be logged and the behavior of the youth shall be documented.

(3) The facility shall visually count youth and record the results at the beginning and end of each shift change.

(4) Incidents which involve or endanger the lives or physical welfare of facility staff or youth or which involve escape or attempted escape shall be documented and such documentation retained.

(5) A female facility staff member or law enforcement officer shall be available when there are female youth in the facility to conduct and document:

(a) Searches;

(b) Supervision of showers;

(c) Health checks; and (d) Constant periodic observations as defined in paragraph 1 of this Rule.

(6) Policies governing supervision of female youth by male staff and male youth by female staff shall be based on privacy needs and accepted legal standards. Except in emergencies, facility staff shall not observe residents of the opposite sex in toilet and shower areas, including such areas maintained in individual living units. Reasonable accommodation of privacy needs shall be consistently observed, and departure from these standards shall be documented for review by the Department’s licensing office.

(7) Youth shall not supervise, control, assume or exert authority over other youth.

(8) There shall be at least one (1) direct care staff for every eight (8) youth during waking hours and at least one (1) direct care staff for every sixteen (16) youth during sleeping hours or other staffing plan approved by the Department’s licensing office. At a minimum, there shall never be less than 2 direct care staff on duty.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.08 PHYSICAL PLANT

(1) No facility constructed or developed after January 1, 1995, shall be located in the same building or directly connected to any adult jail or prison facility complex.

(2) Existing facilities located under the same roof or on the same grounds as an adult jail shall meet the criteria for physical separation, outlined in T.C.A. § 37-1-116(i)(2016 and as amended).

June, 2017 25 (3) The following minimum provisions shall be made by each facility:

(a) Sleeping areas shall be free from hazardous conditions that would facilitate suicide attempts or self-harm.

(b) In new and existing facilities, all sleeping and activity areas shall have lighting of at least twenty (20) foot-candles to be measured three (3) feet off the floor. These measurements shall be taken and documented by an independent source, such as the state or local fire marshal, and shall be retested at least every three (3) years.

(c) New and existing facilities shall have forced air ventilation in all sleeping and activity areas.

(d) Facilities constructed or beginning operation after January 1991 shall have access to natural light in sleeping areas.

(e) New and existing facilities shall maintain a temperature between sixty-five (65) degrees Fahrenheit and eighty (80) degrees Fahrenheit in sleeping and activity areas.

(4) For new facilities, the minimum size of a single sleeping room shall be fifty (50) square feet of unencumbered floor space with a ceiling height of not less than eight (8) feet. All dimensions of room length and width for both single and multiple-occupancy room shall allow for a reasonable amount of useable floor space for any in-room activities of youth and one wall measurement shall be at least 7 feet. Any issues pertaining to sufficiency of room dimensions shall be determined by the Department’s licensing office. Each room shall contain a bunk, a toilet and a lavatory.

(5) Multiple sleeping rooms in new Juvenile Detention Centers shall not be designed to accommodate more than eight (8) youth. A minimum of thirty-five (35) square feet of unencumbered floor space for each youth shall be provided in such sleeping areas, with a ceiling height of not less than eight (8) feet. One wall measurement shall be at least seven (7) feet.

(6) Juvenile Detention Centers with ten (10) or fewer permanent bed spaces shall not house in excess of their number of permanent bed spaces by more than two (2) youth at any time.

Juvenile Detention Centers with eleven (11) or more permanent bed spaces shall not, except in exigent situations, exceed their number of permanent bed spaces by more than two (2) youth, or ten percent (10%) of the permanent bed space, whichever is greater, at any time.

Any exception to compliance with this rule shall be noted in writing, shall include the administrator’s signature to verify administrative review and shall not exceed seventy-two (72) hours in duration.

(7) New Juvenile Detention Centers shall have a dayroom for each cluster of rooms. The dayroom shall offer a minimum of thirty-five (35) square feet of floor space per youth.

Existing facilities are not required to provide dayrooms.

(8) All facilities shall provide operable toilets and washbasins to youth held in the facility at a ratio of at least one (1) toilet and washbasin to every eight (8) youth and one (1) toilet and washbasin accessible to occupants of any single-occupancy room without their having to leave their room.

(9) Facilities shall have at least one (1) operable shower for every sixteen (16) detained youth, which shall be accessible to youth without having to leave their designated area.

June, 2017 26 (10) New Juvenile Detention Centers shall provide space inside the security perimeter, separate from living areas and administrative offices, for processing of youth as they are received and discharged from the facility. This space shall have the following components:

(a) Pedestrian sally port;

(b) Telephone facilities for detained youth to use;

(c) Temporary holding rooms which have fixed benches to seat youth; and (d) A shower, toilet, and washbasin.

(11) Existing facilities shall provide space where youth are received, searched, showered, and issued clothing, if provided by the facility, prior to assignment to the living quarters.

(12) Provision shall be made for visitation areas.

(13) Provision shall be made for a private room to allow for discussions between clergy, attorneys and others authorized by the juvenile court.

(14) Each new Juvenile Detention Center shall have at least one (1) multi-purpose room for education, recreation and other activities.

(15) Each new facility shall provide a secure outdoor recreation area with dimensions of at least thirty (30) feet by thirty (30) feet or an indoor recreation area of the same dimensions which has access to natural light.

(16) Space shall be provided where a health care professional may conduct sick call, examine patients in privacy and provide medical treatment.

(17) Every Juvenile Detention Center shall have a secure control center, staffed continuously, through which telephone and other communications are channeled. The location of the control center shall provide line of sight visibility or be equipped with a monitoring device. The control center shall monitor the operation of security and life safety systems.

(18) Drinking fountains with potable water shall be located in all sleeping and activity areas of new facilities. In existing facilities, if the water from washbasins is potable, it shall not be necessary to add drinking fountains but sanitary drinking cups shall be available.

(19) An emergency power source shall be available to activate at times of power failure. This emergency power source shall have sufficient capacity to operate security and evacuation electrical devices and equipment and to provide minimum lighting within the facility and its perimeter. The power source shall be checked for functional readiness quarterly and the dates logged.

(20) Facilities using electric locks shall also ensure that those locks may also be opened manually.

(21) Each facility shall have exit signs at each exit which are distinctly marked and continuously illuminated. Exits shall be kept clear and in usable condition.

(22) Each facility shall be inspected and approved annually by the designated Fire Safety Authority and by representatives from the Tennessee Department of Health. The facility shall be in compliance with the applicable regulations and standards of these authorities, including the current Life Safety Code applicable to the facilities regulated hereunder in order to obtain or retain a license or approval to operate.

June, 2017 27 (23) All kitchens, dining rooms and toilet areas shall contain operable floor drains.

(24) There shall be rooms to accommodate each Juvenile Detention Facility’s classification plan.

Facilities that house both males and females shall have provisions to separate accordingly.

(25) Plans for any new facility construction or renovation shall be in compliance with minimum standards recorded herein and be submitted to the Department and the State Fire Marshal’s office for review prior to the start of construction.

(26) Plans for any new facility construction or renovation shall include provisions for handicapped persons to have access to all facilities and services.

(27) The use of padlocks and chains to secure housing areas is prohibited.

(28) Any facility changing classification (e.g., Temporary Holding Resource changing to Juvenile Detention Center, etc.) shall meet all requirements of the new classification.

(29) All glass in the facility (windows, vision panels, etc.) shall be safety glass. All new construction, after January 1, 1991, shall have all windows, vision panels, etc., made of a mar-resistant poly carbonate laminate.

(30) The maintenance of hardware-secure rooms in Temporary Holding Resources shall be optional, with a maximum of two (2) occupants. At least half of the rooms in the facility shall be non-secure.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.09 SANITATION, MAINTENANCE, AND LIFE SAFETY

(1) Floors, walls and ceilings throughout the facility shall be kept clean, dry, and free of any hazardous materials or substance. All plumbing fixtures shall be clean and sanitary.

(2) A member of the staff shall be assigned to make daily sanitation and safety inspections.

Times of inspections shall be documented and conditions noted.

(3) The facility shall provide for regularly scheduled disposal of waste and trash in accordance with local or state health regulations.

(4) The facility shall provide for control of vermin and pests and shall remove youth from treated areas if there is a risk of illness.

(5) The facility shall be kept free of pictures, graffiti, gang signs, or objects which are determined by staff to provide hiding places for vermin or create a fire hazard.

(6) Written policy and procedure shall provide for each shift at a facility to have announced and unannounced fire drills at a minimum of every six (6) months. The date of these fire drills as wells as participating staff and results shall be documented.

(7) The facility shall have a written and graphic evacuation plan posted in the living area, as well as any other specified locations.

(8) Written policy shall outline appropriate infection control procedures and the use of universal precautions.

June, 2017 28 (9) Facilities shall maintain Material Safety Data Sheets (MSDS) in all areas where harmful chemicals are stored. A MSDS shall be maintained for every chemical onsite whose original container contains precautionary wording in case of exposure or ingestion.

(10) All toxic or caustic chemicals with a hazardous rating of two (2) or above shall be maintained in locked cabinets and inventoried weekly. All flammables shall be maintained in fire-resistant cabinets and inventoried weekly.

(11) All toxic or caustic chemicals maintained at full strength shall be stored in their original containers. Diluted chemicals may be maintained in spray bottles or other containers but the contents shall be legibly annotated on the bottle.

(12) A Facility shall remain in compliance with Life Safety Codes as determined by the State Fire Marshal or other approved authority.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.10 SECURITY

(1) Procedure shall differentiate between the types of searches allowed (cavity, pat, or strip) and identify when these shall occur and by whom such searches may be made. All body cavity searches shall be executed by medical personnel. Youth shall be searched by facility staff of the same sex, except in emergency situations involving an immediate threat to life, limb or property. All searches shall be documented.

(2) Protocols around key control shall be established and the operator of the control center shall log, track, and document all keys issued for use, including duplicate keys. All temporarily issued keys shall be logged by ring and a separate log shall be maintained for all permanently issued keys. All day-to-day operations shall be centralized and controlled through the admissions/control center.

(3) There shall be one (1) full set of well-identified keys, other than those in use, secured in a place accessible only to facility staff for use in the event of an emergency.

(4) There shall be an observable and effective method to open individual cell doors in the event of an emergency and/or failure of electronically operating systems. Emergency systems shall be tested on a monthly basis and these test shall be documented in the facility’s records.

(5) Written policy and procedure shall require that all other related security and emergency equipment is inventoried and tested at least quarterly to determine its condition and expiration dates. This shall include regular inspection of smoke detectors and other detection and suppression systems, and monthly visual inspections of ABC type fire extinguishers with documentation of these checks maintained in the facility’s records.

(6) All tools and other potentially dangerous supplies and equipment shall be stored in a locked fire-resistant cabinet located outside the secure perimeter of confinement areas.

(7) Written policy and procedure shall provide for routine inspection and maintenance of all locks.

(8) There shall be a written plan providing for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be distributed to all supervisory personnel, who are required to familiarize themselves with it.

June, 2017 29 (9) Accused or adjudicated delinquent offenders, status offenders, and non-offenders cannot have contact with adult inmates, including adult inmate trustees. Contact is defined to include any physical or sustained sight and/or sound contact.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.11 SECLUSION AND RESTRAINT

(1) Physical Restraint (a) Physical restraint is a restrictive intervention and one that poses a risk to the physical and/or psychological well-being of a youth and the safety of staff members. Physical restraint shall only be used in an emergency safety situation when the youth, due to current behavior, poses an imminent risk of harm to himself or herself or others. This applies to all youth in DCS licensed facilities regardless of adjudication. Physical restraint shall not be used as a means of punishment, discipline, coercion, convenience or retaliation or to compensate for lack of staff presence or competency.

(b) The following are not considered physical restraint and are acceptable:

1. Physical touch associated with prompting, comforting or assisting that does not prevent the youth’s freedom of movement or normal access to his or her body;

2. Physical or temporary touching or holding of the hand(s), wrist(s), arm(s), shoulder(s) or back for the purpose of inducing the youth to walk to a safe location; or 3. Physical intervention for the temporary holding of the hand(s), wrist(s), arm(s), shoulder(s), or leg(s) which does not otherwise restrict freedom of movement or access to one’s body, for the purpose of terminating unsafe behavior.

(c) Use of physical restraint should be restricted as follows:

1. Physical restraint is an emergency safety intervention, not a therapeutic technique, and shall be implemented in a manner designed to protect the youth’s safety, dignity and emotional well-being.

2. There shall be sufficient staffing to ensure appropriate supervision of all other youth while trained staff devote full time and attention to all uses and phases of physical restraint.

3. The use of physical restraint is allowed only in the case of an emergency, when the youth is at imminent danger of self-harm or of harming others and no other option exists to protect the safety of the youth and staff members.

4. In a facility setting, physical restraint may also be justified to prevent a clear and immediate escape attempt.

5. Clothing shall not be removed from a youth in conjunction with the use of physical restraint or seclusion, other than that which is determined to place the youth or others at risk.

(d) Training Requirements June, 2017 30 1. All staff who use physical restraint shall be trained prior to performing these interventions and annually thereafter by a certified trainer in a nationally recognized crisis intervention program.

2. The training shall involve a post-test and the observation of staff in practice to ensure competency.

3. Records of staff completion of training shall be maintained and made available to DCS licensing upon request.

4. Training shall address prevention of the use of restrictive behavior management techniques through a curriculum that includes the following:

(i) Recognizing aggressive and out-of-control behavior, psychosocial issues, medical conditions, and other contributing factors that may lead to crisis;

(ii) Understanding how staff behavior can influence the behavior of youth;

(iii) Understanding the limitations of restrictive behavior management techniques such as physical restraint or seclusion;

(iv) Listening and communication techniques such as negotiation and mediation;

(v) Involving the youth in regaining control and encouraging self-calming behaviors;

(vi) Separation of individuals involved in an altercation;

(vii) Voluntarily escorting the youth to a safe location;

(viii) Voluntary time out to allow the youth to calm down; and (ix) Other non-restrictive methods to de-escalate and reduce episodes of aggressive and out-of-control behavior.

5. At the conclusion of training, staff shall demonstrate an understanding of:

(i) When it is appropriate to use a restrictive intervention such as physical restraint or seclusion;

(ii) Safe use of physical restraint and seclusion, including time limits;

(iii) Safe methods for escorting youth;

(iv) The experience of being placed in a physical restraint or in seclusion;

(v) Signs of distress;

(vi) Response techniques to prevent and reduce injury;

(vii) Negative effects that can result from misuse of restrictive interventions;

(viii) Physical and mental status of the youth, including signs of physical distress;

June, 2017 31 (ix) Nutritional and hydration needs of the youth;

(x) Readiness to discontinue use of the physical restraint or seclusion; and (xi) Recognizing when medical or other emergency personnel are needed.

(e) Authorization and Initiation of Physical Restraint 1. The staff member initiating the physical restraint shall contact the facility administrator or their qualified designee to authorize the intervention either prior to the intervention, or if prior permission is impracticable due to the emergent nature of the situation, immediately following the intervention. While it is best practice to obtain this authorization prior to the intervention, this is not always possible when handling the types of emergencies requiring the use of physical restraint.

2. Authorization of intervention: Staff members may authorize physical restraint or seclusion only if they are supervisory level staff who have completed all training requirements in compliance with this part prior to authorizing physical restraint or seclusion and have been designated as having authority to make such decisions in an emergency setting by the facility administrator. In a Juvenile Detention Center this shall be a shift supervisor or higher ranking personnel.

3. A new authorization is required if there is a change in the intervention utilized. If the use of physical restraint has been discontinued, it may be used again only with a new authorization, even if a previously authorized time limit has not expired.

4. Authorizations for the use of physical restraint are time-limited up to fifteen (15) minutes for youth age nine (9) years and under and up to thirty (30) minutes for youth ages ten (10) years and over. Physical restraints lasting longer than the allowed time frames require clinical justification, which shall be obtained through direct evaluation of the youth by mobile crisis staff or other qualified clinical personnel for continuation and require a new authorization.

5. The re-authorization of interventions that exceed the initial time limits shall be from mobile crisis staff or other qualified clinical personnel. Physical restraint can be authorized for up to an additional thirty (30) minutes.

6. Time-limited authorizations do not mean that the use of restrictive behavior management interventions shall be applied for the entire length of time for which the authorization is written. Physical restraint and seclusion shall be used only for the minimum amount of time necessary.

(f) Monitoring and Assessment 1. A youth in a physical restraint shall be assessed and monitored continuously by a properly trained staff member not involved in the restraint. If a second staff member is not present at the moment the restraint is initiated, staff shall immediately call for help so that another staff member may begin monitoring.

2. Physical restraints shall be monitored by direct visual observation and staff shall remain in the immediate physical presence of and in the same room as the youth.

Video monitoring does not meet this requirement.

June, 2017 32 3. In addition to monitoring the youth on a continuous, face-to-face basis, staff shall assess the child/youth every 15 minutes for:

(i) Any harmful health effects or signs of any injury associated with the intervention;

(ii) Emotional status and comfort;

(iii) Need for food, water, and use of bathroom facilities;

(iv) Readiness to discontinue the intervention; and (v) Difficulty breathing and any other physical complaints that may signal the need to discontinue the intervention.

(g) Termination of Restraint and Follow-Up Assessment 1. A physical restraint shall only be used for the minimum time possible. These interventions shall be terminated when the behavior justifying their use no longer exists or if the face-to-face assessments required by this rule do not occur.

Immediate release shall occur if there is any threat to the youth’s physical or emotional well-being.

2. Within one (1) hour of the initiation of the use of physical restraint, the staff member authorizing the seclusion or restraint, in accordance with 0250-07-08- .11(5)(b), shall assess the youth’s condition and shall make a determination whether to continue the restraint. This assessment shall be conducted regardless of the length of time the youth is in the physical restraint.

(h) Whenever a youth is injured as a result of the use of physical restraint, staff shall immediately obtain medical treatment for that youth.

(i) The youth and staff shall participate in a debriefing about the physical restraint episode as soon as possible, but no longer than twenty-four (24) hours after the intervention occurred. The debriefing shall occur in a safe, confidential setting. The debriefing with the youth and staff is used to:

1. Ascertain that the youth’s physical well-being, emotional comfort, and right to privacy were addressed;

2. Identify any trauma that may have resulted from the incident and identify services to address the trauma;

3. Identify what led to the emergency safety situation and what could have been handled differently;

4. Facilitate the youth’s reentry into routine activities;

5. Discuss what precipitating events led to the intervention, how the incident was handled, and discuss any necessary changes to procedures or training to avoid future incidents; and 6. When deemed necessary, a debriefing shall take place with any youth or other individuals who witnessed the incident, with an emphasis placed on returning the environment to pre-incident condition and resuming the normal program routine.

June, 2017 33 (j) Notification and Documentation 1. Documentation shall include the following:

(i) A clear description of the events and behavior leading to the initiation of the physical restraint, including the specific risk of harm presented by the youth;

(ii) A description of attempts by staff to prevent and de-escalate the youth prior to utilizing physical restraint;

(iii) Names of the youth and staff members involved;

(iv) Duration of intervention;

(v) Verification of continuous observation and fifteen (15) minute checks;

(vi) A description of all injuries that occurred because of the intervention; and (vii) A note that debriefing occurred.

2. Whenever possible, the youth’s parents or legal guardian shall be notified of the occurrence of any physical restraint or seclusion.

(k) Internal Review 1. The facility shall engage in ongoing performance improvement activities that focus on the reduction of the use of physical restraint. Information obtained through the review processes shall be considered, at least quarterly, in the identification of specific performance improvement activities and in the evaluation of the effectiveness of performance improvement activities.

2. Facilities shall review data throughout the year to identify trends in use of restrictive behavior management techniques in order to reduce the use of physical restraint.

3. The facility shall ensure that a routine process is in place to address the use of crisis intervention and physical restraint in individual and/or group supervision with all direct service and clinical staff. Such supervision shall focus on analyzing individual interventions as well as patterns of intervention to identify ways to increase the effective use of prevention methods and further reduce the use of physical restraint.

(2) Chemical Defense Agents (a) Facilities shall have written policy and procedure which govern the availability, control and use of chemical defense agents. The policies shall include specific guidelines that determine the level of authority needed to access and use chemical defense agents and the procedures required to authorize their use. The policy should also include medical and/or decontamination procedures that will be followed in all instances involving the use of a chemical defense agent.

(b) The use of chemical defense agents in all Temporary Holding Resources is prohibited except by law enforcement personnel.

(c) Use of chemical defense agents should be restricted as follows:

June, 2017 34 1. Use of chemical defense agents is an emergency intervention and every effort will be made to protect the youth’s safety, dignity and emotional well-being during its use.

2. There will be sufficient staffing to ensure appropriate supervision of all other youth while trained staff devote time and attention to use of chemical defense agents.

3. If a second staff member is not present at the moment the intervention is initiated, staff shall immediately call for assistance so that another staff member may being monitoring.

4. The use of chemical defense agents is allowed only in the case of an emergency, when the youth is at imminent danger of self-harm or of harming others and no other option exists to protect the safety of the youth and staff members.

5. Only those staff designated by the administrator and trained in their use shall be authorized to deploy chemical defense agents.

(d) Training Requirements 1. All staff who use chemical defense agents must be trained prior to performing these interventions and annually thereafter by a certified trainer in a nationally recognized crisis intervention program. Training through local law enforcement resources is acceptable.

2. The training must involve a post-test and the observation of staff in practice to ensure competency.

3. Records of staff completion of training will be maintained and made available to DCS licensing upon request.

(e) Authorization for Intervention Involving Chemical Defense Agents 1. The staff member initiating the use of chemical defense agents will contact the facility administrator or their qualified designee to authorize the intervention either prior to the intervention, or if prior permission is impracticable due to the emergent nature of the situation, immediately following the intervention. While it is best practice to obtain this authorization prior to the intervention, it is noted that this is not always possible when handling emergencies requiring the use of chemical defense agents.

2. Authorization of intervention: Staff members may authorize the use of chemical defense agents only if they are supervisory level staff who have completed all training requirements in compliance with this part prior to authorizing intervention, and have been designated as having authority to make such decisions in an emergency setting by the facility administrator. In a Juvenile Detention Center this will be a shift supervisor or higher ranking personnel. 3 Once the use of chemical defense agents has been discontinued, it may be used again only with a new authorization.

3. A list of all staff members issued chemical defense agents or authorized in their use must be maintained and updated upon change of authorization status or employment.

June, 2017 35 (f) Treatment, Assessment, and Monitoring 1. Following the use of chemical defense agents, decontamination procedures and any necessary medical treatment shall be administered immediately. Staff shall arrange for a youth to be moved to an area offering fresh air and given a shower and change of clothing. All body parts exposed to Oleoresin Capsicum (OC) spray will be thoroughly rinsed with water. Staff shall assist youth in flushing eyes.

2. The affected youth shall be assessed and monitored continuously by a properly trained staff member not directly involved in the deployment of chemical defense agents. Monitoring shall continue until symptoms disappear to ensure medical attention is administered when necessary. Physical effects of exposure to OC sprays include: tearing, involuntary closing of eyes, redness of skin, coughing, gagging, shortness of breath or loss of motor skills or coordination.

3. In addition to monitoring the youth on a continuous, face-to-face basis, staff shall assess the youth every fifteen (15) minutes for:

(i) Any harmful health effects or signs of any injury associated with the intervention;

(ii) Emotional status and comfort of the youth;

(iii) The youth’s need for food, water, and use of bathroom facilities; and (iv) Difficulty breathing and any other physical complaints that may signal the need for medical treatment.

4. Medical treatment shall immediately be obtained for a youth if:

(i) The youth shows symptoms for more than thirty (30) minutes after decontamination;

(ii) More than a slight reddening of the youth’s skin occurs following exposure;

(iii) The youth complains of inordinate pain or requests medical care following decontamination; or (iv) The youth has a known history of respiratory illness, allergies, or asthma.

5. The affected youth shall be monitored by direct visual observation and staff will remain in the immediate physical presence of and in the same room as the youth.

Video monitoring shall not be used to meet this requirement.

(g) The youth and staff will participate in a debriefing about the episode as soon as possible, but no longer than twenty-four (24) hours after the intervention occurred. The debriefing will occur in a safe, confidential setting. The debriefing with the youth and staff is used to:

1. Ascertain that the youth’s physical well-being was appropriately addressed;

2. Identify any trauma that may have resulted from the incident and identify services to address the trauma;

June, 2017 36 3. Identify what led to the emergency safety situation and what could have been handled differently;

4. Facilitate the youth’s reentry into routine activities;

5. Discuss what precipitating events led to the intervention, how the incident was handled, and discuss any necessary changes to procedures or training to avoid future incidents; and 6. When deemed necessary, a debriefing will take place with any youth or other individuals who witnessed the incident, with an emphasis placed on returning the environment to pre-incident condition and resuming the normal program routine.

(h) Notification and Documentation 1. A written incident report shall be submitted to the facility administrator by the end of the shift when a chemical defense agent is used that includes the following:

(i) A clear description of the events and behavior leading to the initiation of the intervention, including the specific risk of harm presented by the youth;

(ii) A description of attempts by staff to prevent and de-escalate the youth prior to utilizing chemical defense agents;

(iii) Names of the youth and staff members involved;

(iv) Time and duration of intervention; including decontamination;

(v) Verification of continuous observation and fifteen (15) minute checks;

(vi) A description of all injuries that occurred because of the intervention; and (vii) A note that debriefing occurred.

2. Whenever possible, the youth’s parents or legal guardian will be notified of the occurrence of any use of chemical defense agents.

(i) Internal Review 1. The facility shall engage in ongoing performance improvement activities that focus on the reduction of the use of chemical defense agents. Information obtained through the review processes will be considered, at least quarterly, in the identification of specific performance improvement activities and in the evaluation of the effectiveness of performance improvement activities.

2. Facilities shall review data throughout the year to identify trends in use of restrictive behavior management techniques in order to reduce the use of chemical defense agents.

3. The facility will ensure that a routine process is in place to address the use of crisis intervention and use of chemical defense agents in individual and/or group supervision with all direct service and clinical staff. Such supervision will focus on analyzing individual interventions as well as patterns of intervention to identify ways to increase the effective use of prevention methods and further reduce the use of chemical defense agents.

June, 2017 37 (j) Chemical defense agents maintained and used by facility staff are limited to OC sprays and may not contain Mace.

(k) Reasonable efforts must be made to remove a youth with documented or known respiratory conditions (including asthma, bronchitis, etc.) prior to the chemical defense agents being dispersed in any area in which the youth may be affected.

(l) Only the minimum amount of chemical defense agent will be used to control the youth’s behavior. All canisters containing chemical defense agents will be weighed monthly and immediately following each use. Documentation of both routine inspection and incidental use will be documented for administrative review by the licensing staff or facility administrator.

(m) Written policy and procedure shall require that chemical defense agents are inventoried monthly and tested at least quarterly to determine their condition and expiration dates.

(n) Chemical defense agents will be stored in a locked cabinet inaccessible to youth when not issued or in use.

(o) Any intentional time lapse between the administering of chemical defense agents and subsequent appropriate decontamination or medical attention for punitive purposes is prohibited.

(p) Psychotropic medication shall not be used for the purposes of chemical restraint in any Juvenile Detention Center or Temporary Holding Resource.

(3) Mechanical Restraints (a) Mechanical restraints, e.g. handcuffs and shackles, shall only be used to restrain youth who are alleged to be delinquent and meet the criteria for secure detention listed in T.C.A. § 37-1-114 (2016 and as amended). Staff shall maintain visual contact at all times with youth in mechanical restraints.

(b) Mechanical restraints may only be used for such time as it takes to place the child in a secure cell, or for transportation. Waist belts are permitted for transportation only.

(c) Body wraps and restraint beds are strictly prohibited. Use of restraint chairs shall be prohibited effective July 1, 2018. Use of mechanical restraints on pregnant youth shall be limited to wrist restraints only. Temporary, short-term use of security benches or mechanical restraints during classification or preparation for transport is permitted.

(d) The facility shall have written policy and procedure which outline the specifics of nonroutine use of mechanical restraints and include language that requires the authorization of the shift supervisor before the mechanical restraint may be used.

(e) With the exception of law enforcement personnel, the possession/use of tasers and related “less lethal” designated equipment (such as Nova stun shields) is prohibited in any facility. Possession or use of such equipment by facility staff shall result in immediate adverse licensing action up to suspension of the agency’s license.

(f) Mechanical restraints shall never be used as punishment.

(g) Whenever mechanical restraints are used for reasons other than transportation, the facility’s written policy, procedure and practice shall provide that prior approval shall be obtained from the facility administrator, or designee. When a youth is mechanically June, 2017 38 restrained for reasons other than transportation, the following minimum procedures shall be followed:

1. Continuous, direct visual observation by staff;

2. Safety and wellness checks shall be conducted and documented every ten (10) minutes, to ensure the safety and well-being of the youth; and 3. Use of mechanical restraints shall be fully documented as to time, duration, reasons, authority and witnesses and reported to the facility administrator or designee.

(4) With the exception of use by law enforcement personnel, the following restraint techniques shall not be used within any facility licensed by the Department:

(a) Restricting respiration in any way, such as applying a chokehold or pressure to a youth’s back or chest or placing a youth in a position that is capable of causing positional asphyxia;

(b) Using any method that is capable of causing loss of consciousness or harm to the neck;

(c) Pinning down with knees to torso, head, and/or neck;

(d) Using pressure point, pain compliance, and joint manipulation techniques, other than an approved method for release of a chokehold, bite, or hair pull;

(e) Modifying restraint equipment or applying any cuffing technique that connects handcuffs behind the back to ankle restraints;

(f) Lifting a youth’s arms behind the back, while in mechanical restraints, in a manner that is capable of causing injury to the shoulder;

(g) Using other youth or untrained staff to assist with the restraint;

(h) Securing a youth to another youth; and (i) Administering a drug for controlling acute episodic behavior as a means of physical restraint, except when the youth’s behavior is attributable to mental illness and the drug is authorized by a licensed physician and administered by a licensed medical professional.

(5) Seclusion (a) Seclusion is often associated with physical restraint in that physical restraint is regularly used to transport youth to a seclusion environment. However, seclusion may occur without employing physical restraint. All precedent used by staff in avoiding the need for restraint should also be employed to avoid the need for seclusion.

(b) Seclusion does not include:

1. The segregation of a youth for the purpose of managing biological contagion consistent with the Centers for Disease Control Guidelines.

June, 2017 39 2. Confinement to a locked unit or ward where other youth are present. Seclusion is not solely confinement of a youth to an area, but separation of the youth from other persons.

3. Voluntary time-out involving the voluntary separation of an individual youth from others. The youth is allowed to end the separation at will.

4. Seclusion in a facility setting does not include temporarily securing youth in their rooms during regularly scheduled times (such as periods set aside for sleep or regularly scheduled down time) that are universally applicable to the entire population or within the youth’s assigned living area.

(c) Seclusion may be provided only in a clean, dry, temperate location that is free of potentially hazardous conditions which might harm the youth or others. Rooms used for seclusion shall allow staff full view of the youth in all areas of the room. The room shall have the following qualities:

1. The room is lighted and well ventilated;

2. Light fixtures are screened or recessed, interior doorknobs are removed, and hinges are recessed;

3. The room is at a minimum fifty (50) square feet in area;

4. The room is unfurnished and may have padding that is designed specifically for use in psychiatric or similar settings and approved by the local health and fire authorities;

5. The room contains an observation window the dimensions of which permit a youth to be in view regardless of where he/she is positioned in the room;

6. The room is inspected and approved under regulations adopted by the State Fire Marshal prior to usage; and 7. Youth in seclusion have reasonable access to water, toilet facilities and hygiene supplies.

(d) Monitoring of seclusion shall be by direct in-person (face-to-face) visual observation through the seclusion room window or in the room itself every fifteen (15) minutes.

(e) Seclusion of youth for suicidal behavior/ideation or other clinical reasons shall be conducted as provided in 0250-04-08-.07(1).

(f) All other referrals for seclusion shall adhere to the following guidelines:

1. Seclusion shall only be used when necessary to prevent imminent harm to themselves, another person, prevent damage to property, or prevent the youth from escaping.

2. Staff shall never use seclusion for discipline, punishment, administrative convenience, retaliation, staffing shortages, or reasons other than a temporary response to behavior that threatens immediate harm to a youth or others.

3. Prior to using seclusion, staff shall use less restrictive techniques, including talking with youth to de-escalate the situation. Prior to using seclusion or immediately after placing a youth in seclusion, staff shall explain to the youth the June, 2017 40 reasons for the seclusion and the fact that he or she shall be released upon regaining self-control. Once the youth no longer presents a risk of imminent harm to themselves or others at the facility, the seclusion shall be terminated and the youth shall be returned to the general population.

4. Seclusion lasting over twenty-four (24) hours shall be reviewed and approved at the twenty-four (24) hour mark and every subsequent twenty-four (24) hour period by the facility administrator. Youth may not be secluded for more than seventy-two (72) total hours within any fourteen (14) day period. Large muscle group exercise must be provided a minimum of one (1) hour daily for those juveniles in seclusion longer than twenty-four (24) hours.

5. A hearing shall be held within twenty-four (24) hours of initial confinement for any seclusion lasting more than one (1) hour. Any seclusion lasting longer than twenty-four (24) hours requires an additional administrative hearing in which the youth may appeal continued confinement prior to the extension of confinement.

The hearing shall be conducted by the administrator or his established hearing officer and all proceedings shall be documented. A written copy of this documentation shall be provided to the youth and the youth's parent or legal guardian.

6. An incident report shall be completed within twenty-four (24) hours for any youth referred for seclusion. Youth may be placed in their room for a "cooling off" period not to exceed one (1) hour without need for incident report. Staff may allow the “cooling off” period to extend an additional hour, for a total of two (2) hours, however if the youth’s placement in their room under this part extends for longer than two (2) hours the youth shall be considered secluded and an incident report must be completed. Such action, including the precipitating behavior/event, shall be documented.

7. Youth placed in seclusion shall be offered reasonable access to services and shall be engaged in regularly scheduled programming unless they are an immediate threat to others.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Tenn. Comp. R. & Regs. 0250-04-08-.12 TRANSPORTATION

(1) All transportation shall be provided by approved facility staff or law enforcement.

(2) Each person providing transportation shall provide documentation of a valid Class D Tennessee driver license in accordance with T.C.A. § 55-50-102 (2016 and as amended).

(3) Each person providing transportation shall provide documentation of automobile liability insurance for any private vehicle used in transporting youth in temporary holding resources or drive a government vehicle covered by liability insurance.

(4) Each transportation provider shall be oriented to the behavior of detained youth during transportation, be aware of required documentation necessary for transportation to a detention center, and be able to communicate emergency information to proper authorities.

(5) Any vehicles used for transportation shall be well-maintained and operated in accordance with state law.

June, 2017 41 (6) Driver and all passengers shall wear seat belts.

(7) With the exception of bonded or law-enforcement personnel, female youth requiring transportation shall be accompanied by a female staff member/officer. Allowances may be made in extenuating circumstances and shall be documented in facility logs.

History

• Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.
• Administrative History: New rules filed March 17, 2017; effective June 15, 2017.

Chapter 0250-04-09 Standards for Child-Placing Agencies

Tenn. Comp. R. & Regs. 0250-04-09-.01 LEGAL BASIS FOR LICENSING

(1) GENERAL: The legal basis for licensing is contained in T.C.A. §§ 71-3-501 through 71-3-527.

(2) DEFINITIONS: For the purposes of clarification, the following definitions are given and will hereafter be used.

(a) “Child-placing agency” shall mean any institution, society, agency, corporation, or facility which places children in foster homes for temporary care or for adoption. A license issued to a child-placing agency shall also include all boarding homes and family day care homes approved, supervised, and used by the licensed agency as part of its work.

(b) Department - The Tennessee Department of Children’s Services (c) Commissioner - The Commissioner of the Department of Children’s Services (d) Child - A person under 17 years or age (e) Staff - Full time and part time employees (f) Law - Tennessee Code Annotated, §§ 71-3-501 through 71-3-527 (g) License - A yearly permit issued to an agency giving care to children. Licensing is based on achievement in meeting required standards developed and published by the Department.

(3) BASIS FOR APPROVAL FOR LICENSE: All child welfare agencies as defined in § 71-3-504, shall be licensed annually by the Department, said license to be based on standards developed and published for each child welfare agency in accordance with the following six points of excellence.

(a) The present need for the proposed child welfare agency (b) The good character and intention of the applicant (c) The adequate financing of the organization (d) The capability, training, and experience of the workers employed (e) The facilities for and the methods of care provided, and the consideration of the best interest of the child and the welfare of society in any placements of children to be made (f) The probability of permanence of the child welfare agency (4) LICENSING PROCEDURE:

(a) Application for license shall be made to the Department upon blanks furnished by it.

Upon receipt of the application for a license, the Department shall issue such child welfare agency a conditional license which shall be valid for a period of 90 days from the date of issuance; provided, that the staff and facility do not present any apparent hazards to any children that may be in care and that the facility has received fire safety and environmental sanitation approval. At the end of the 90 day period, upon evidence provided by the applicant/licensee that such child welfare agency is suitable and properly managed as such, the Department shall issue such agency a license which shall be valid for a period of one year; provided, however, such license may at any time be revoked by the Department upon 90 days notice being given to the licensee.

1. A processing fee for such applications shall be assessed by the Department and submitted by the agency with the application in accordance with the following schedule:

Any Child Caring or Child Placing Agency $10.00 Maternity Home 10.00 Runaway Shelter 10.00 Emergency Shelter 10.00 Child Abuse Agencies 10.00 (b) When an application for a license has been denied or a license has been revoked on one occasion, the agency may reapply for a period of 60 days from the date of the denial of revocation. If such license has been denied or revoked on two occasions, the agency may not reapply for a period of six months. If such license has been denied or revoked on three or more occasions, the agency may not reapply for a period of 12 months. The Department may waive the time restrictions herein upon a showing by the agency to the satisfaction of the Department that the agency has corrected the deficiencies which led to the denial or revocation.

(c) Upon written notice to the applicant that a request for a license has been denied, such applicant may request a hearing before the board of review. Such request must be made in writing and must be filed within 10 days of the mailing date of the notice of denial. Such hearing must be granted at the next regular meeting of said board of review provided, however, that no longer than 60 days shall elapse after such request and before such hearing.

(d) If a license is issued, revocation can be had at any time before expiration date upon 90 days notice by the Commissioner of the Department, such notice to contain a statement of causes for revocation. The licensee may upon a written notice of revocation, receive a hearing before the board of review; provided that such review shall be within the 90 day period set out in the notice of revocation.

(e) Any child welfare agency, as defined in § 71-3-501 operating without being so licensed by the Department shall be guilty of a misdemeanor and shall be fined not less than $50 nor more than $200 for each such offense. Each day of operation without a license shall constitute a separate offense.

(f) It shall be the duty of the Department, through its duly authorized agents, to inspect at regular int ervals without previous notice all child welfare agencies, as defined in § 71-3- 501, within the state. It is given right of entrance, privilege of inspection, access to accounts and records, information regarding the whereabouts of children under care for the purpose of ascertaining the kind and quantity of work done to obtain a proper basis for its decision and recommendations. Any violation of the rights given in this section shall be a misdemeanor.

(g) Notwithstanding the provisions of T.C.A. § 71-3-527, the Department shall have the following authority and responsibilities in any case in which the Department receives a report of harm in accordance with Chapter 4 or Chapter 6 of Title 37 of Tennessee Code Annotated.

1. The Department shall have the authority and responsibility to fully investigate in accordance with the provisions of Chapter 4 or Chapter 6 of Title 37 any allegation of abuse, neglect, or sexual abuse which it receives regarding any child or children in the care of any agency or person whether or not such agency or person is subject to licensure hereunder. In the conduct of such investigation, the Department shall be granted access to the records of all children in the care of the person or agency and personnel files of the director and all employees of the person or agency, shall be allowed to inspect all premises in which children are kept or cared for and shall be allowed to interview any and all children in the care of such person or agency if the Department determines such interviews are necessary.

2. If the Department determines that abuse, neglect, or sexual abuse has occurred and the person or agency fails to take appropriate action to prevent future abuse, neglect, or sexual abuse, the Department shall take such action as may be necessary to revoke, suspend, or deny the agency’s license. If the person or agency is not licensed or not subject to licensure, the Department may proceed to bring an action in the Chancery Court of the county of the defendant’s residence or the county in which the abuse, neglect, or sexual abuse occurred to enjoin the person or agency or any individual found by the Department to have been responsible for the abuse, neglect, or sexual abuse from continuing to provide care for children on a full-time or part-time basis.

(5) PUBLIC AGENCIES: Any child welfare agency, as defined in § 71-3-501, which is under the direct management of an administrative department of the state, a county or a municipality, or any combination of these three, shall not be subject to license but shall meet the minimum standards of program and care as required of such child welfare agencies. The Commissioner of the Department, through his authorized agent, shall make periodic inspections of such public administrative child welfare agencies. The report of such inspections and recommendations shall be made privately to the executive head of the public administrative child welfare agency, the board of directors, if any, and/or the division of the state; county or municipal government which has the duty under the law to operate such agency. It shall be the duty of the Department to cooperate with the public administrative agencies herein referred to, to the end that such recommended changes in program and policies can be adopted. If within a reasonable time, such standards and recommendations are not met, it shall be the duty of the Commissioner of the Department to make public in the community in which this agency is located, the report of the above mentioned inspection. If any serious abuses, dereliction, or deficiencies are found and are not corrected within a reasonable time, the same shall be reported in writing to the next session of the legislature.

(6) FOSTER CARE LEGISLATION: The foster care review law, T.C.A. § 71-3-524 requires the development of plans for each child in foster care including long-term agreements, establishes procedures for periodic review boards in each county. Amendments to the Licensing Law in 1978 establish a method for periodic review of foster care custody that will provide for termination or continuation of custody in accordance with the findings of the review. A plan must be submitted on each child in foster care placement within 30 days of the original date the child has been placed in foster care. This is to be submitted regardless of whether the child is in care by court order or voluntary placement agreement. The plan is to be submitted to the Juvenile Court having jurisdiction over the child. Within 90 days of the date of foster care placement, and not less than every 6 months thereafter while the child remains in foster care, the agency shall submit a report to the court or foster care review board enumerating progress or lack of progress made toward the goals in the original plan.

Each plan must be submitted, reevaluated, and updated annually. After 18 months of foster care placement, in addition to the above mentioned plans and reports, the agency must request a hearing in court to evaluate further plans for the child.

(7) REPORTING OF BRUTALITY, ABUSE, NEGLECT, OR CHILD SEXUAL ABUSE:

(a) Any person, including but not limited to any:

1. Physician, osteopath, medical examiner, chiropractor, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons;

2. Health or mental health professional other than one listed in subdivision (a)(1);

3. Practitioner who relies solely on spiritual means for healing;

4. School teacher or other school official or personnel;

5. Judges of all courts of the state;

6. Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker;

7. Law enforcement officer; or 8. Neighbor, relative, friend, or any other person who knows or has reasonable cause to suspect, that a child has been sexually abused shall report such knowledge or suspicion to the Department in the manner prescribed in subsection (b); having knowledge of or called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability or physical or mental condition which is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or which on the basis of available information reasonably appears to have been caused by brutality, abuse, or neglect, shall report such harm immediately by telephone or otherwise to the judge having juvenile jurisdiction or to the county office of the sheriff or the chief law enforcement official of the municipality where the child resides. Any person, including judges of all courts of this state, who knows or has reasonable cause to suspect that a child has been sexually abused shall report such information in accordance with Acts 1985, Ch. 478, relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse.

(b) If a hospital, clinic, school, or any other organization responsible for the care of children has a specific procedure approved by the director of the county office of the Department, for the protection of children who are victims of brutality, abuse, or neglect, any members of its staff whose duty to report under the preceding sentence arises from the performance of his services as a member of the staff of the organization may, at his option, fulfill that duty by reporting instead to the person in charge of the organization or his designee who shall make the report in accordance with the preceding sentence.

(c) The report shall include, to the extent known by the reporter, the name, address, and age of the child, the name and address of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information.

(d) If a law enforcement official or judge becomes aware of known or suspected child abuse through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the Department immediately, and where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or Department to the maximum extent possible.

(e) Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report his suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his findings, in writing, to the local law enforcement agency, the appropriate district attorney, and the Department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-409.

(f) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to Acts 1985, Ch. 478 relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with the provisions of § 37-1-608.

(g) Every physician or other person who makes a diagnosis of, or treats, or prescribes for any venereal disease set out in § 68-10-101, or venereal herpes and chlamydia, in children 13 years or younger, and every superintendent or manager of a clinic; dispensary or charitable or penal institution, in which there is a case of any of the diseases, as set out in this subsection, in children 13 years of age or younger shall report the case immediately, in writing on a form supplied by the Department of Health and Environment to that Department. If the reported cases are confirmed and if sexual abuse is suspected, the Department of Health and Environment will report the case to the Department of Children’s Services. The Department of Children’s Services will be responsible for any necessary follow-up.

(8) VIOLATIONS-PENALTIES

(a) Any person required to report known or suspected child sexual abuse who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor.

(b) Any person who knowingly and willfully makes public or discloses any confidential information contained in the abuse registry or in the records of any child sexual abuse case, except as provided in Acts 1985, Ch. 478, is guilty of a misdemeanor. (Acts 1985, Ch. 478, Section 16.)

(9) PLACEMENT IN TEMPORARY HOMES OR FOR ADOPTION

Private individuals including midwives, physicians, nurses, hospital officials, lawyers, and the officials of any nonchartered and/or nonlicensed child-caring institution, child-placing agency, or maternity home, are forbidden to engage in placing children for temporary care or for adoption. Violation of this restriction shall be punishable by fine of not less than $100 and no more than $500 for each offense.

(10) AMENDED ADOPTION LAW

No person, corporation, or agency except the Department of Children’s Services or an agency licensed by the Department as a child-placing agency shall engage in placing children for adoption; provided however, this section shall not be construed to prohibit any person from advising a natural or prospective adoptive parents of the availability of adoption or from acting as an agent for the natural or prospective adoptive parents in making necessary arrangements for adoption so long as no fees are charged for such service other than the usual and customary legal and medical fees in connection with the birth of the child and the legal proceedings relative to adoption. Any court of competent jurisdiction, upon the filing of a verified bill for injunction, by the State of Tennessee, on behalf of the State Department of Children’s Services or by an agency, or by any person aggrieved, may temporarily enjoin or restrain any person, corporation, or agency, from engaging or attempting to engage in placing children for adoption in violation or threatened violation, of the chapter of T.C.A. relative to adoption and upon final hearing, if the court determines that there has been a violation, or threatened violation, thereof, the injunction shall be made permanent.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 14-10-106 through 14-10-108; 14-10-113; 14-10-119; 14- 10-121; 14-10-124; 14-10-125; 14-10-126; 37-1-402; 37-1-403; 37-1-615; 37-2-401 through 37-2-411; 37- 5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); and 71-3-501 through 71-3-530.
• Administrative History: Original rule certified June 10, 1974. Amended: filed August 20, 1974; effective September 19, 1974. Repealed and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240-04-09-.01 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.02 GENERAL REQUIREMENTS

(1) All private agencies placing children or pregnant women in temporary foster homes or in other foster care placement, placing children for adoption or conducting adoptive home studies shall be specifically licensed to exercise this function by the Department.

(2) The issuance and continuation of a license shall depend upon adherence to these standards.

(3) All public agencies placing children or pregnant women in temporary foster homes or in other foster care placement, placing children for adoption or conducting adoptive home studies, shall be specifically approved to exercise this function by the Department. Approval shall depend upon adherence to these standards.

(4) Agencies conducting independent living programs which serve children under the age of seventeen in a community based or off-campus setting shall be licensed as child-placing agencies.

(5) A child-placing agency shall maintain confidentiality in accord with the ethics of the social work profession. The agency shall act in the best interest of the client insofar as this does not violate the social responsibility of the agency for the protection of the community. All records must be maintained in a fire resistant, locked file.

(6) All child-placing agencies must have written policies and procedures for reporting incidents of abuse or neglect of children. These policies should clearly set forth the roles and responsibilities of all parties involved in both the reporting and investigative process.

(7) A child-placing agency shall keep accurate statistical records which give the complete scope of the work of the agency.

(8) Reports shall be made to the Department as follows:

(a) Monthly and annual statistical reports shall be completed on forms provided by the Department.

(b) Change in location shall be reported at or prior to time of change.

(c) Death, or life-threatening injury to any child in care of the agency shall be reported immediately.

(d) Reports related to brutality, abuse, neglect, or child sexual abuse.

(e) Chapter I Report on School Age Children (5 to 17, inclusive) in Foster Family Care, Supported by Public Funds.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 14-10-117; 14-10-118; 37-5-101; 37-5-105; 37-5-106; 37- 5-112(a); 71-1-105(12); and 71-3-501 through 71-3-530.
• Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repealed and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240- 04-09-.02 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.03 ORGANIZATION AND ADMINISTRATION

(1) INCORPORATION: Child-placing agencies may be operated by a society, agency, or corporation. If the child-placing agency is to be operated as a corporation, the licensing law provides that no child-placing agency.

(2) CONSTITUTION AND BY-LAWS. The constitution and bylaws should be written in a manner which would encourage and facilitates progress and change to keep the function and philosophy of the organization in line with the best current thinking and practice in child care.

(a) The incorporated agency must develop written bylaws which-define policies and procedures pertaining to its organization and structure.

(b) The bylaws of the incorporated agency must include the following subjects:

1. Name 2. Purpose, with a description of scope of operation 3. Membership 4. Powers and duties of board of directors 5. Size of board of directors 6. Method of selection, tenure, and rotation of board members 7. Method of election of officers of the board 8. Organization of board and its committees, enumerating their respective responsibilities 9. Method of calling board meetings and annual meetings 10. Frequency of meetings, quorum requirements, rules of order 11. Fiscal year 12. Responsibilities of the administrator as specified in Rule 0250-04-09-.04(5)(a).

(3) COMPOSITION OF THE BOARD

(a) Every agency operating as a corporation must have a board of directors which operates as the responsible representative of the community and as the governing body of the agency. In a noncorporated agency an Advisory Board must be established.

(b) Officers must be elected annually. The only employee who may serve as a voting member of the Board is the Executive Director.

(c) There must be a minimum of quarterly meetings. In special circumstances a meeting of the Executive Committee may substitute for a full board meeting.

(4) GENERAL RESPONSIBILITIES OF THE INCORPORATED AGENCY

(a) The board must set up the corporate or legal existence of the agency and give it continuity.

(b) It must select and appoint the executive director, and delegate responsibility to the executive for administering the agency. It must assume responsibility for a written evaluation of the executive director on an annual basis. This evaluation must be included in the executive director’s personnel file.

(c) It must see that adequate funds are available for financing the agency’s operations, including a adequate staff, proper working conditions, salaries, and facilities.

(d) It must govern the agency by policies and plans that it determines and approves and that are formulated with the executive staff.

(e) It must account for the service of the agency and the expenditure of funds. To be accountable it must make provision for proper bookkeeping including as annual audit and an annual budget. The board must set the budget, study reports, ask questions, and stay informed regarding the agency’s financial activities and field of service.

(f) It must not be involved in individual cases unless the board member is a staff person whose job description authorizes such involvement.

(g) It must keep minutes of each meeting. Upon request of the Department, documentation shall be provided concerning the activities of the board.

(h) The annual application for licensure must be submitted to the Department and signed by the chairman of the board and/or the executive director.

(i) The governing board must be organized and must function according to its constitution, bylaws, and charter.

(j) There shall be a plan for rotation of the governing board. Members shall serve no more than nine consecutive years.

(5) GENERAL RESPONSIBILITIES OF THE ADVISORY BOARD

(a) Every public agency or for-profit child-placing corporation must have an advisory board.

(b) There shall be a plan for rotation of the advisory board.

(c) Duties of the advisory board The advisory board of a facility shall:

1. Provide advice to the governing body.

2. Keep informed of the operational policies and practices of the facility.

3. Meet as often as necessary but not less than quarterly.

4. Maintain records of attendance and minutes of meetings. Upon request of the Department, documentation shall be provided concerning the activities of the board.

(6) FINANCING

(a) Solicitation of Funds Agencies which engage in the solicitation of funds for charitable purposes should become familiar with the “Solicitation of Charitable Funds Act”, T.C.A. §§ 48-3-501 et seq. and abide by its provisions. The effective date of this act was July 1, 1977. For information about the act, contact the Office of the Secretary of State, Charitable Solicitation Division.

(b) Funds 1. Income must be adequate and stable to insure the efficient and effective operation of the program to which the agency commits itself.

2. A statement must be submitted annually showing financial resources which will provide an adequate standard of service.

(c) Audit and Control 1. Accounts must be audited annually by a certified public accountant or licensed public accountant consistent with accepted accounting principles. A copy of the audit is to be provided to the Department and must contain an opinion.

Qualifications to the opinion should be reviewed by the board and this review must be recorded in the minutes.

2. The administrator and others handling the agency’s funds must be bonded.

Premiums for the bonds must be paid by the organization unless otherwise provided by law or ordinance.

(d) If the agency does not maintain liability insurance covering the premises and the operations, the parent(s) or other legal custodian of all children in care must be advised of this fact, in writing, either at the time of enrollment of the child, at the time an effective policy ceases to be effective, or on the effective date of these rules, whichever comes first. If, on the basis of such notification, the legal custodian desires to remove the child(ren) from the agency, he/she must be allowed to do so, notwithstanding any prior agreement to the contrary. Any prepaid charges must be refunded on a prorated

basis.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 14-10-119; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 48-3-501 through 48-3-518; 71-1-105; and 71-3-501 through 71-3-503.
• Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repealed and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-04-09-.04 PERSONNEL

(1) The board of directors or the governing body in cooperation with the administrator, shall establish written personnel policies. These policies shall include:

(a) A job description for each position in the agency covering the position’s responsibilities, academic qualifications, and required level of experience.

(b) Salary administration policies (c) Annual evaluation policy (d) Physical examination policy (e) Training activity requirements and method of documentation that employees have met these requirements.

(f) Vacation policy that clearly defines amount of time allowed and/or payment plan.

(g) Sick leave policy (h) Policies regarding Social Security, insurance, retirement plans, and other fringe benefits.

(i) Grounds for dismissal (j) Written policy related to child sexual abuse as directed by state law. This policy is to include information addressing the following areas:

1. Reserved 2. Training (i) Within the first two weeks of working with the agency each new employee, volunteer, student, or foster parent must receive orientation related to child abuse detection, reporting, and prevention. Attendance at this training must be documented in the employees’ personal file.

(ii) Each agency must provide an instructional program in child abuse prevention for residents. The curriculum must include information on such pertinent subjects as: personal body ownership, touching, and reporting abuse within the agency.

3. Treatment (i) Appropriate treatment must be provided all victims of abuse.

(2) STAFF RECORDS

(a) Records on all staff members and information on applicants for jobs must be kept in a locked file at the agency. They must include: An application, reports from three references; a record of a physical examination, when required, including Tuberculin Test, a record of participation in orientation and training activities, a record of positions held by the person during employment at the agency, record of leave, and date and reason for termination.

(b) In addition to the above, copies of an annual evaluation of the quality of work done by the person while in the agency must be kept in his personnel records. These evaluations must be prepared by the administrator, assistant to the administrator, or by the person directly responsible for the supervision of the employee. If not conducted by the administrator, it must be approved by the administrator.

(c) Staff shall have access to their personnel records as afforded to them by law.

(3) STAFF DEVELOPMENT

(a) Agencies must provide new staff with an orientation program that thoroughly acquaints the new employee with agency philosophy, policies, and procedures. This program must be under the supervision of qualified staff and appropriate to the position being assumed by the new employee.

(b) A program of in-service training must be developed which provides social service staff with a minimum of six hours in-service training annually. Attendance at conferences and workshops may be included as part of the six hours minimum requirement.

(c) Participation in these activities must be documented in personnel files.

(4) GENERAL QUALIFICATIONS

(a) Agency employees shall be persons of good character. They shall possess the health, emotional stability, and ability necessary to carry out their assigned duties. No person shall be employed by the agency who has been convicted of any offense against children.

(b) An agency shall obtain at least 3 references attesting to the character, integrity, and ability to perform tasks required for the position.

(c) A report of a physical examination completed within no more than six months prior to hire date shall be on file for all staff having direct contact with children. The resident children of staff shall also have on file an initial medical statement of good health or a physical exam report.

(5) SPECIFIC QUALIFICATIONS FOR STAFF

(a) The executive director or administrator 1. The executive director or administrator must be selected and appointed by the governing board and be accountable to the board for satisfactory performance of duties.

2. An executive director or administrator must be a graduate of an accredited fouryear college or university preferably from the field of education, psychology, nursing, social work, or religious service. Any administrator who does not meet this requirement holding this position prior to the effective date of these standards, is permitted to remain in this position.

3. If the executive director or administrator is responsible for technical supervision of casework staff, he or she shall meet the qualifications for casework supervisor.

4. The executive director or administrator must be responsible for:

(i) Attending board meetings and participating in all planning for the agency.

(ii) Seeing that the agency keeps accurate statistical reports that give the complete scope of the work of the agency.

(iii) Seeing that monthly and annual reports on forms furnished by the Tennessee Department of Children’s Services are submitted, as well as any special reports that may be required from time to time.

(iv) Preparing the agency’s budget in cooperation with the board and operating the agency within the budget approved by the board.

(v) Selecting, employing, training, and discharging all staff and supervising the daily management of the agency if another person has not been delegated the responsibility.

(vi) Communicating to the board information on the operation of the agency, unmet needs, and modern methods regarding child care services.

(vii) Implementing the policies of the board and bringing to the board’s attention areas which require modification or change, and interpreting the agency’s program to the community and giving professional leadership to the board in doing this job.

(viii) Maintaining adequate records on the administrative and fiscal operation of the agency.

(ix) The executive director or administrator must hold staff meetings at regular intervals and discuss plans and policies with his staff. He/she must secure adequate clerical staff to keep correspondence, records, bookkeeping, and files current and in good order.

(b) Casework Director 1. If the agency has a case work director in addition to a casework supervisor, he or she shall meet the qualifications for casework supervisor.

2. The casework director, or the casework supervisor, if there is no casework director, shall be responsible for administering the casework program and participating in policy making relevant to the casework program. He or she shall be accountable to the executive director.

(c) Casework Supervisor 1. The casework supervisor shall have a master’s degree in social work and two years experience in the provision of foster care or adoption services. An equivalent degree in a related Children’s Services field such as psychology or guidance and counseling may be substituted for the master’s degree in social work. In that case three years of experience in foster care or adoption is required.

2. Each full time casework supervisor shall supervise no more than eight individuals.

(d) Caseworker 1. The caseworker shall provide casework services as set forth in 0250-04-09-.05:

Placement Services to Children, Pregnant Women and Their Families.

2. The caseworker shall have graduated from an accredited four-year college or university. The degree shall include or be supplemented by 27 quarter hours in behavioral sciences, such as social work, psychology, and sociology. One year of casework experience can be substituted for the 27 quarter hours.

3. If there is only one caseworker, he or she shall meet the qualifications for the casework supervisor.

(e) Case aides and other assisting in service delivery shall have specific job assignments.

(f) Volunteers who work directly with children.

1. Volunteers, if used in direct services to children, must undergo a process of application to ensure that they are of such character, health, and competence as to meet the agency’s needs.

2. Volunteers shall have the same qualifications as paid staff performing comparable duties.

3. A program of ongoing training and orientation to the philosophies and practices of the agency shall be provided each volunteer within the agency.

4. Adequate supervision of volunteers shall be provided by paid staff.

5. An individual file including the application to participate as a volunteer; and letters of reference shall be maintained by the agency on each volunteer.

(6) There may be child-placing agencies which are in the developmental stage or which limit their services to few children and their families. When it is not feasible for such an agency to employ full time casework staff, provision for part time casework staff shall be made in the following manner. There shall be ten hours per week of casework services for each increment of eight children being served. There shall be specific provision for weekly office hours and for emergencies. Part time staff shall meet the qualifications for full time staff.

(7) Whenever a child-placing agency has an adoptive or foster home study which is conducted by other than agency staff, or an adoptive or foster home placement which is supervised by other than agency staff, these services shall be provided by another licensed child-placing agency with whom there is a written agreement, or by written agreement with an individual who meets the qualifications for casework supervisor.

History

• Authority:. T.C.A. §§ 4-5-226(b)(2); 14-10-104(4); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1- 105(12); and 71-3-504.
• Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repealed and new chapter filed June 9, 1981; effective July 24, 1981. Amendment filed December 17, 1982; effective March 16, 1983. New rule filed November 30, 1988; effective January 14, 1989. Amendment file d July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-04-09-.04 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.05 PLACEMENT SERVICES TO CHILDREN, PREGNANT WOMEN AND THEIR

FAMILIES.

(1) Applicable to all recipients of foster care services to children, adoptive services to children and families, and/or maternity services in foster care.

(a) Admission and Discharge Policies and Procedures The agency must have written policy and procedures for admission and discharge which must be available to all appropriate parties involved with the child.

1. Admission Admission criteria must include the following:

(i) A description of the population served, defined needs of this population, and a description of agency services related to these needs.

(ii) A positional statement when appropriate that surrender for adoption is not a criteria for admission.

(iii) A defined preadmission summary which must require a written evaluation addressing the appropriateness of resident needs to agency services.

(iv) A description or agreed upon preplacement procedures which must include preplacement visits when feasible.

2. Discharge Discharge policy must set forth the legal requirement that an adjudicated custody transfer may only be made through court action after proper investigation by a designated agency. Discharge criteria must require.

(i) A description of conditions under which a resident may be discharged.

(ii) A description of procedures for preparing a child for discharge to include designated time frames.

(iii) A documented discharge plan which addresses the resident’s continuing needs and planned services to meet these needs.

(iv) Provision for a written agreement assuming responsibility for the child to be signed by the resident’s legal custodian.

(b) Admission of a child from another state shall be in accordance with the Interstate Compact on the Placement of Children and the Tennessee Child Sexual Abuse Law.

(c) Children or pregnant women shall be accepted by written application signed by the person or agency representative having legal authority to do so.

(d) Ongoing casework services with specific goals and time frames shall be part of the total services to children or pregnant women.

(e) The agency’s policies regarding religious practices and gifts, visits, mail, and telephone calls between the child or pregnant women and their families shall be given to the family in writing prior to admission.

(f) Discipline: Agencies shall develop general discipline policy which identifies the type of children served, describes the anticipated behavioral problems of this population, sets forth acceptable methods of dealing with these behaviors, and details the required qualifications and training of staff working with the residents. All consequences of undesirable behavior shall be reasonable and consistent with the service plan for the resident. Discipline policies shall be explained to the parent or guardian and the child prior to admission.

1. All discipli ne must be reasonable and responsibly related to the child’s understanding, need, and level of behavior. All discipline shall be limited to the least restrictive appropriate method and administered by appropriately trained staff.

2. Encouragement and praise of good behavior is often more effective than punishment, and is a must in disciplining a child. The child’s acceptance of discipline and his/her ability to profit by it depends largely upon his/her feeling that he/she is liked, accepted, and respected.

3. Any discipline must be determined on an individual basis and be related to the undesirable behavior. Requiring children to accept the natural consequences of their acts may be a desirable experience provided consequences are not too drastic.

4. The agency shall have written policies and procedures prohibiting punishment which may adversely affect a child’s health, physical, or psychological well being.

A copy must be given to all residents, families, staff, and placing agencies. The following forms of punishment must not be used.

(i) Cruel and unusual punishment.

(ii) Assignment of excessive or inappropriate work.

(iii) Denial of meals, daily needs, and program provided by the individual service plan.

(iv) Verbal abuse, ridicule, or humiliation.

(v) Permitting a child to punish another child.

(vi) Chemical or mechanical restraints.

(vii) Denial of planned visits, telephone calls, or mail contacts with family.

5. If corporal punishment is permitted, such policies and procedures must:

(i) Require the written consent of the parent, guardian, or legal custodian.

(ii) Require reporting of the corporal punishment incident to the agency’s administration.

(g) An agency shall not engage in practices which exploit the rights of children or pregnant women in care. These persons shall not be identified in connection with publicity for the agency unless a positive value accrues to them.

(h) Children or pregnant women In foster care shall be visited monthly by the caseworker.

At least quarterly, this visit shall take place at the home or facility where the child or pregnant woman is placed. Visits shall be documented in the case record.

(i) The agency shall be responsible for children’s school attendance in accordance with Tennessee Law.

(j) Educational testing shall be provided when a need is indicated. The agency shall be responsible for making every reasonable effort to obtain testing and any indicated remedial services for the child.

(k) The agency shall respect the total heritage and religious preference of a child or pregnant woman in care.

(l) The agency shall make arrangements for each child to accumulate appropriate meaningful material such as photographs, clippings, artwork, and/or schoolwork which provide the child with tangible evidence of his/her foster care experience.

(m) The agency shall provide each resident with a clear definition of their rights, obligations, and responsibilities including confidential aspects of their placement.

(n) The agency shall conduct regular staffing sessions on each resident related to his/her progress future goals. These sessions shall include all appropriate personnel.

(2) SERVICES TO CHILDREN IN FOSTER CARE

(For children other than newborn infants being placed for adoption.)

(a) Services shall include:

1. Intake 2. Services to children and their families in their own home.

2. Placement and supervision in foster care.

3. Transitional preparation of child for placement.

4. Foster home studies, ongoing training, and long-term support plan.

5. Discharge 7. Follow-up services (b) An intake and case planning study shall be completed in order to determine if removal of the child from his own home or present placement is necessary. If possible, this should be completed prior to acceptance of the child and, in any event, shall be completed within 30 days of placement. The study shall include:

6. Information, as complete as possible, on the family situation. This information shall be obtained through interviews and from referral sources.

7. Information on the child’s developmental and health history, physical condition, personality, school placements, and adjustment.

8. Evaluation of the past experiences and problems of the child to determine the service best suited to his/her needs.

9. Immediate and long-range goals in respect to assisting the child and his family, including discharge and follow-up.

(c) Except when an emergency exists, there shall be a planned procedure to prepare the child for placement, giving him time and opportunity to understand what is happening.

(d) Unless there has been a termination of parents’ rights, the agency shall encourage regularly scheduled contacts between parent and the child, except where it has been judicially determined that the visits are detrimental to the child.

(e) Appropriate visitation shall also be arranged for sibling groups, or other extended family members.

(f) An agency shall provide a complete health program for the children including:

1. Screening for admission (i) The agency shall obtain a report of a physical examination for each child.

The examination shall be completed no more than six months prior to placement and no later than two weeks after placement.

(ii) The agency shall obtain a health history, including parental health history if available, and a record of immunizations.

2. Ongoing medical care (i) Every child over three years of age shall have a dental examination every year and treatment as indicated.

(ii) Children in an agency’s care shall be given physical examinations at the following intervals:

(I) Birth to six months - every six weeks (II) Six months to one year - every three months (III) One year to six years - every 12 months (IV) Six years and above - every three years (iii) Children shall receive treatment from a physician when the need is indicated.

(iv) Children shall receive psychiatric or psychological services when a need is indicated.

(v) Children shall receive a sight and hearing evaluation within 45 days of placement.

3. A child shall have a complete physical examination within a month prior to an adoptive placement. A report of this examination shall be filed in the child’s record.

(g) Each child in an agency’s care shall have clothing of his own, for his exclusive use which is comparable in quality and variety to that worn by other children in the neighborhood.

(h) Funds shall be available to meet the incidental expenses of children in care, such as haircuts, school supplies, and allowances.

(3) SERVICES TO INFANTS IN FOSTER CARE AWAITING ADOPTION

(a) Casework services to the birthmother prior to the birth of the child and follow-up services after placement shall be available.

(b) Intake services and case planning for the infant shall include the following:

1. Information, as complete as possible, on the family background of the child and on the family situation.

2. Information, as complete as possible on the health history of the child’s family.

3. Immediate goals in respect to the child and his birth family.

4. Goals in respect to follow-up services.

(c) The agency shall provide a complete health program for the child. An infant in care must have a complete physical examination within a week prior to an adoptive placement. Written reports on all medical examinations shall be in the record.

(d) The agency shall respect the total heritage and religious preference of the birth parent in the placement of an infant.

(4) MATERNITY SERVICES IN FOSTER CARE

(a) Services shall include:

1. Intake 2. Services to the pregnant women and their families in their own home.

2. Placement and supervision in foster care 4. Foster home studies 5. Discharge 6. Follow-up services (b) An intake and case planning study shall be completed by the caseworker before the pregnant woman is placed in a foster home. The study shall include:

3. Information, as complete as possible, on the family situation. This information shall be obtained through interviews and from referral sources.

4. Background information which will include physical description, family, social, and health history.

5. Evaluation of the past experiences and problems of the pregnant women to determine the service best suited to serve her needs.

6. Immediate and long-range goals in respect to assisting the pregnant woman and her family including discharge and follow-up.

(c) The pregnant woman shall receive regular prenatal care as prescribed by a physician.

(d) The pregnant woman shall receive health education appropriate to her needs which may include:

1. Hygiene of pregnancy 2. Preparation for childbirth 3. Infant and child care 4. Drug and alcohol use and abuse 5. Family planning 6. Sex education 7. Parenting education (e) The agency shall make reasonable efforts to find the alleged father.

(f) The agency shall offer services to both the pregnant woman and the alleged father.

These services shall include:

1. A clear definition of their rights, obligations, and responsibilities.

2. A clear definition of the confidential aspects of the services provided for them and their child, and of the opportunity available to them at any time to waive their right of privacy if their child, upon reaching the age of maturity, wishes to know more about them or to see them.

3. Help in making a decision and understanding the finality of the decision to terminate parental rights and responsibility of the decision to terminate parental rights and responsibilities and what the decision means to them and their child.

4. Help in relinquishing their child to the agency, in terminating their parental rights, and in separating from their child.

5. Help in dealing with the finality of relinquishment of parental rights and the immediate plans for their own lives.

6. Post placement services, upon request.

7. Receipt of medical information of a familial or hereditary nature.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104(4); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1- 105(12); and 71-3-504.
• Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repealed and new chapter filed June 9,1981; effective July 24, 1981. Amendment filed December 17, 1982; effective March 16, 1983. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240-04-09-.05 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.11 INDEPENDENT LIVING PROGRAMS

(1) Definitions (a) “Independent living” means the placement of 16 or 17 year old youths in community based living facilities with the goal of achieving independent life in the community. Such facilities include family boarding homes, group care homes, and foster homes, or other approved arrangements supervised by in-house staff. Except for annual fire and health inspections, these facilities when operated by a CPA agency would not be held to the same standards as those facilities dealing with other residents not in independent living facilities.

(2) The agency shall develop a program statement which includes a description of the program, admission criteria, nature and frequency of supervision, and a provision for a periodic goal assessment.

(a) Residents are being monitored in their program activities.

(b) Physical environment is safe.

(c) Health needs of the residents are met.

(4) There should be at least one in-house staff member for every 10 residents.

(5) Records shall include the following:

(a) Identifying information (b) Intake study (c) Individual service plan including:

1. Specification of services 2. Roles and responsibilities of involved parties (d) Medical consents (e) Foster care plan (f) Medical information (g) Authority to provide service

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); and 71-3-504.
• Administrative History: New rule filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240-04-09-.11 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.06 CHILDREN’S AND PREGNANT WOMEN’S CASE RECORDS

(1) The agency shall maintain records on all children and pregnant women regardless of whether the child or pregnant woman is in a foster home, group care home, or other arrangement.

(2) The records of children and pregnant women shall include the following items when appropriate and available. Efforts made to gather unavailable information must be documented.

(a) Face sheet with current addresses of the parents.

(b) A report of each child or pregnant woman’s initial physical examination, current immunization record; and records of ongoing care received while in the home.

(c) Written permission for the agency staff to obtain emergency medical care signed by the person legally responsible.

(d) Information regarding coverage for medical expenses, e.g., insurance, Medicaid, etc.

(e) Correspondence.

(f) Legal documents including documentation of the agency’s authority to give care.

(g) An intake and case planning study.

(h) Agency agreements or contracts.

(i) Record of school progress, if applicable.

(j) Narrative record of casework treatment, supervisory visits, conferences, and collateral visits. Entries shall be made at least quarterly, shall be dated, and shall identify the worker recording the information.

(k) Foster care plans and reports as required by Tennessee’s foster care review laws.

(l) Verification of sexual abuse orientation.

(m) Information on the identity of the alleged father.

(n) Background information on both parents including physical description, family, social, and health history.

(3) An infant being placed for adoption within three months will not require a separate case record.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 14-10-115; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); 71-3-504; and 71-3-524.
• Administrative History: Original rule certified June 10, 1974. Amended: filed August 20, 1974; effective September 19, 1974. Repealed and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240-04-09-.06 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.07 FOSTER HOMES

(1) Definition. A foster home is one providing substitute family care for a planned period of time.

(2) The primary consideration in foster care placement shall be the welfare of the child or pregnant woman rather than the needs of the foster parents.

(3) Any out-of-state placement or a child shall be in accordance with the Interstate Compact on the Placement of Children.

(4) Approval of Foster Homes (a) The agency shall make a study of foster home applicants prior to approval of the home for use. The study shall be in writing before children or pregnant women are placed in the home.

(b) The foster home study shall be based on consideration of the following points.

1. Information obtained through interviews with all members of the family living in the home. There shall be at least one visit to the home.

2. The applicants’ motivation to provide foster care.

3. The applicants’ financial security.

4. Information obtained through contracts with references, including nonrelatives.

5. The physical and mental health of the foster parents and other family members.

6. The character, values, and ethical standards of the foster family.

7. The foster family’s understanding of the need of children or pregnant women in foster care.

8. The foster family’s ability to work cooperatively with the agency.

9. Health and fire safety conditions within the home.

10. Reserved.

(c) The foster home study shall include the caseworker’s evaluation of the applicants’ suitability as a resource and recommendations as to approval of the home.

(d) When the foster home study is completed, the applicants shall be informed in writing as to the disposition of their application.

(e) If both foster parents are employed outside the home, it shall be with the knowledge and consent of the agency, and there shall be appropriate child care arrangements.

(f) The foster home shall be reevaluated annually in terms of the nine points listed in (4)(b) above.

(5) Maternity foster homes shall not have more than three (3) young pregnant women at one time. A foster home may have no more than six (6) foster children placed in a home. The foster home may exceed the six foster children maximum when:

(a) Exceeding the maximum would allow a parenting youth to remain with his/her child;

(b) Exceeding the limit would allow a youth with a meaningful relationship with a family to stay with the foster family or be placed with the foster family;

(c) Exceeding the maximum would allow a sibling group to remain together;

(d) Exceeding the maximum would allow for a family with special training or skills to care for a child with severe disabilities; or (e) Exceeding the maximum is determined to be appropriate by the Department.

(6) The foster home shall have no more than two children under two years, including the foster parents’ own children. With two children under two years, there shall not be more than four children in the home, including the foster parents’ own children.

(7) The foster home shall not be used for placement by any other agency or individual except by written agreement by the agencies or individuals involved.

(8) The agency shall require foster parents to participate in case planning when in the best interest of the child.

(9) Agencies shall require foster parents to participate in ongoing training including parenting techniques and discipline and the detection, intervention, prevention, and treatment of child sexual abuse.

(10) Maternity foster homes shall also receive specialized appropriate training from the agency.

History

• Authority: T.C.A. §§ 37-5-105, 37-5-106, and 37-5-502.
• Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repeal and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-04-09-.07 filed and effective March 25, 1999. Emergency rule filed November 2, 2020; effective through May 1, 2021. Emergency rule expired effective May 2, 2021, and the rule reverted to its previous status. Amendments filed May 26, 2021; effective August 24, 2021.

Tenn. Comp. R. & Regs. 0250-04-09-.08 FOSTER HOME RECORDS

(1) The agency shall maintain records for each foster home applicant.

(2) The foster home record shall contain:

(a) A face sheet and sign application.

(b) A written study of the home, with documentation of time, place, and substance of interviews.

(c) Verification of physical health of the applicants.

(d) Documentation of all references contacted.

(e) Verification of marital status.

(f) All relevant correspondence.

(g) Written agreement outlining the responsibilities of the agency and foster parents regarding the conditions of placement.

(h) Narrative record of each placement in the home, including child’s or young pregnant woman’s name, age, date placed and reason home was selected.

(i) Periodic narrative recording which summarizes all contacts regarding the home, including supervisory visits and conferences. Entries shall be dated and shall identify the worker recording the information.

(j) Annual evaluation of the foster home.

(k) Reserved.

(l) Verification of child sexual abuse training in the detection, intervention, prevention, and treatment of child sexual abuse.

(m) Verification of Training.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 14-10-115; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); 71-3-504; and 71-3-529.
• Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repeat and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-04-09-.08 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.09 ADOPTIVE SERVICES

(1) Definition. An adoptive home is one which is studied and evaluated in terms of its potential for offering permanent care to a child who shall be legally adopted by the applicants.

(2) The primary consideration in adoptive placements shall be the welfare of the child rather than the needs of the adoptive parents.

(3) All adoptive placements shall be in compliance with the adoption laws of Tennessee and with the Interstate Compact on the Placement of Children.

(4) Approval of Adoptive Homes (a) The agency shall make a thorough study of the applicants before the home is approved. The adoptive home study shall be in writing before the placement of a child in the home.

(b) The adoptive home study shall be based on consideration of the following points:

1. Information obtained through interviews with all members of the family living in the home. There shall be at least one visit to the home.

2. The applicants’ motivation to adopt a child.

3. The applicants’ ability to provide for the child.

4. Information obtained through contacts with references. References shall include members of the extended family as well as individuals who are not related to the applicants.

5. The character, values, and ethical standards of the applicants.

6. The physical and mental health of the applicants. The agency shall ascertain that the applicant have reasonably good health and average life expectancy so that the security of having parents is unlikely to be cut short before the child matures.

7. Except for the placement of special needs children, the agency shall require that the cause or childlessness be evaluated by a physician. This medical evaluation shall be included in the agency assessment of the motivation to adopt a child.

8. Health and fire safety conditions within the home.

(c) The adoptive home study shall include the caseworkers’ evaluation of the applicants’ suitability as adoptive parents, and recommendations as to approval of the home. The home study shall also include a face sheet. study references, health examinations, and verification of marital status.

(d) When the adoptive home study is completed, the applicants shall be informed in writing as to the disposition of their application.

(5) The adoptive parents shall be given nonidentifying information in writing about the child and the natural family which will help them understand the child-and his special needs, and help them answer questions that the child may have later about his natural parents and his background.

(6) The adoptive parents and the agency shall enter into a written agreement specifying the terms of placement.

(7) After placement, the caseworker shall visit in the home at least quarterly, until the adoption is finalized.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); and 71-3-504.
• Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repealed and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240-04-09-.09 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.10 ADOPTIVE HOME RECORDS

(1) The agency shall maintain written records for each adoptive applicant.

(2) The adoptive applicants’ record shall include:

(a) A face sheet and signed application.

(b) Written study of the applicants, with documentation of time, place, and substance of interviews.

(c) Documentation of all references.

(d) All relevant correspondence.

(e) Physician’s report on the current health of applicants, and any conditions that might affect the future health or life expectancy of the applicants.

(f) Verification of marital status.

(3) After placement of the adoptive home records shall include:

(a) All items listed under section (2) above.

(b) Copy of the presentation summary as outlined in 0250-04-09-.10(5)

(c) The agreement between the agency and the parents regarding the terms of the placement.

(d) Recording of postplacement supervisory visits and evaluation of the progress of the child in the home. Entries shall be dated and shall identify the worker recording the information.

(e) Legal documents including the petition to adopt.

(4) The merged adoptive records shall be forwarded to the Department for sealing within a year of the finalization of the adoption, unless mandated otherwise by law.

(5) The Department shall be notified within four months of any adoption disposition other than by finalization.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 14-10-115; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); and 71-3-504.
• Administrative History: New rule filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240-04-09-.10 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-09-.12 OTHER AGENCY SERVICES

(1) Any child-placing agency which operates a boarding home, group care home, family day care home, or group day care home as part of its program shall be responsible for determining that the facility is in compliance with the applicable standards promulgated and adopted by the Department.

(2) Records shall be kept on each boarding home, group care home, or day care facility operated by the agency. These records shall contain:

(a) Material relevant to health and fire safety inspection by the government agency conducting the inspection or by the agency staff person responsible for inspection when a government agency does not provide inspection.

(b) Narrative recording which shows that the standards have been officially reviewed and that requirements are being met at the facility. The recording shall reflect at least an annual review of standards.

(c) Any literature pertaining to the particular facility which is distributed to the public as means of promoting the facility or explaining its purpose.

(3) For facilities housing independent living programs, (2)(b) and (2)(c) above do not apply.

History

• Authority: T.C.A. §§ 4-5-226(b)(2); 14-10-104; 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); and 71-3-504.
• Administrative History: New rule filed June 9. 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Rule assigned a new control number, removed and renumbered from 1240-04-09-.12 filed and effective March 25, 1999.

Chapter 0250-04-10 Standards for Runaway House Agencies

Tenn. Comp. R. & Regs. 0250-04-10-.01 LEGAL BASIS FOR LICENSING

(1)General. The legal basis for licensing runaway house agencies is contained in T.C.A. §§37-1601 through 37-1607.

(2)Definitions.

(a)“Runaway House” shall mean any house or institution giving sanctuary or housing to any person under 18 years of age who is away from home or the residence of his/her parent or guardian without their consent.

(b)“Department” shall mean the Tennessee Department of Children’s Services.

(c)“Runaway” shall mean any person under the age of 18 years who is away from the home or residence of his/her parent or guardian without their consent. The term shall not include persons under 18 years of age who lawfully reside with a close relative or those attending educational institutions, or those placed by court order, on a contractual agreement with a parent or guardian.

(d)“Sanctuary” shall mean a house, institution, or other organization providing housing or accommodations to runaways as set forth herein.

(e)“Licensing’’ shall be deemed to have the same meaning as “registration”, as the latter term is used in T.C.A. §§ 37-1603, 37-1604, and 37-1607.

(3)Basis for Approval for License. All houses, institutions, or other organizations giving sanctuary to runaway youth shall be licensed annually by the Department, said license to be based upon standards promulgated by the Department in accordance with T.C.A. §37-1605. For consistency and uniformity, said standards will be based upon the same considerations as standards for child welfare agencies, as provided in T.C.A. §14-10-104, to wit:

(a)The present need for the proposed runaway house.

(b)The good character and intention or the applicant.

(c)The adequate financing of the organization, (d)The capability, training and experience of the workers employed.

(e)The facilities for and the methods of care provided, and the consideration of the best interest of thechild and the welfare of society in any placements of children to be made.

(f)The probability of permanence of the runaway house.

(4)Licensing Procedure.

(a)In order to be issued a license, a runaway house agency must make application to the Department and present sufficient evidence that it is a suitable licensee and meets, or will meet, all standards established by the Department. If a license is issued by the Department it shall be effective for one year following the date of issuance, unless it is revoked by the Department in compliance with T.C.A. §4-5-320.

(b)The owner, operator or agent of any house, or facility which operates without registering or otherwise willfully violates the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than thirty (30) days, or both, at the discretion of the trial court. If, in the discretion of the trial court a second or subsequent offense indicates continued or regular noncompliance with this act, the facility may be enjoined from future operations as a runaway house.

(c)Upon written notice to the applicant that an application for license has been denied, such applicant may, within (10) days of the date of the notice, request a fair hearing before the Department. If a timely request for a hearing is made, the request shall be granted and a fair hearing will be held in accordance with the provisions of the “Administrative Procedures Act”, T.C.A. §4-5-301, et seq.

(d)If the Department proposes to revoke a license at any time before its expiration date, the runaway house agency shall be notified in writing of the proposed revocation and the facts or conduct which warrant(s) the intended action. The agency shall then have ninety (90) days in which to show compliance with all lawful requirements for retention of the license. If the license is revoked after the expiration of the ninety (90) day period, the runaway house agency may, within ten (10) days of the date of the final revocation notice, request a fair hearing before the Department. If a timely request for a hearing is made, the request shall be granted and a fair hearing will be held in accordance with the provisions of the “Administrative Procedures Act”, T.C.A. §4-5-301, et seq.

(e)If the Department finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its notice of proposed revocation, summary suspension of a license may be made pending proceedings for final revocation as provided in subparagraph (d).

(f)The Department shall have the right to inspect at any reasonable time, without previous notice, all runaway house agencies within the state. The Department shall have the right of entrance, privilege of inspection, access to accounts and records, and the right to information regarding the whereabouts of children under the care of the runaway house agency, for the purpose of ascertaining the kind and quality of work done and to obtain. a proper basis for its decision and recommendations.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a) and 37-1602 through 37-1607.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-04-10-.02 GENERAL REQUIREMENTS

(1)All runaway house agencies shall be specifically licensed to provide their function by the Department.

(2)A runaway house agency shall have office facilities adequate to meet its needs, including accessibility to the public, adequate space for staff, and an area which provides privacy for interviewing clients.

(3)A runaway house agency shall maintain confidentiality in accordance with the ethics of the social work profession. The agency shall act in the best interest of the client insofar as this does not violate the social responsibility of the agency for the protection of the community.

(4)A runaway house agency shall keep accurate statistical records which give the complete scope of the work of the agency.

(5)Reports shall be made to the Department as follows:

(a)Monthly and annual statistical reports shall be completed on forms provided by the Department.

(b)Change in location shall be reported at or prior to time of change.

(c)Death, or life-threatening injury to any child in care of the agency shall be reported immediately.

(6)Posting of License. A license to operate a runaway house agency must be posted in a conspicuous place in the facility.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a) and 37-1603, through 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Amendment filed December 17, 1982; effective March 16, 1983. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from 1240-4-10-.02 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-10-.03 ORGANIZATION AND ADMINISTRATION

(1) When an agency is incorporated, the scope of the agency’s operation should be stated in the charter of incorporation, and any changes in the purpose or scope should be authorized by amendments to the charter or by withdrawal or revocation of the original charter and the issuance of a new one.

(2)Every runaway house agency must have a governing board which is broadly representative or the community and operate under a constitution and by-laws.

(3)The membership of the board must be composed of a representative cross section of the community including representatives or other social service agencies and representatives of appropriate minorities so represented within the client population of the agency.

(4)The Board of Directors must be composed of no less than ten (10) members and must not be so large as to present an unwieldy board.

(5)There must be a provision for the rotation of the Board of Directors. Board members must be elected in three classes so that each year one-third (1 /3) of the group shall be elected for a term of three years. Board members can serve two consecutive terms before rotating off the board for at least one year.

(6)Runaway house agencies may be governed by committees of the board. However, the operating committee should have authority on matters pertaining to child welfare and such governing board or committee should meet at least four times a year.

(7)The board must keep a record of policy and administrative decisions.

(8)The board must operate as an oversight body regarding the overall operation of the program. It shall participate in the formulation of program guidelines.

(9)The board must assume joint responsibility with the executive for determining the general policies for the agency. Boards and Executives must cooperate in all matters, each realizing their own functions and duties. The board must not be involved in any individual cases except for determining general policy.

(10) The board must secure adequate financial support. (Fund raising must not be the specific duty of the professional child care staff.)

(11)The Board of Directors must be sufficiently free to provide for rapid decision making to meet the needs of an emerging form of alternative program in providing services to youth.

(12)The board must evaluate the functioning of the agency at least every three years. Their evaluation must be recorded in the minutes of the Board of Directors’ meeting.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-04-10-.04 FINANCING

(1)Income shall be adequate and stable to insure the effective operation of the program to which the agency is committed.

(2)A budgetary estimate showing details of anticipated income and expenditures for the coming year shall be approved by the board before the beginning of each fiscal year. The estimate shall be made available to the Department.

(3)Financial accounts shall be audited biennially by a certified public accountant or a licensed public accountant. A copy of the audit shall be made available to the Department.

(4)The administrator and others handling the agency’s funds shall be appropriately bonded.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984, effective July 28, 1984. Rule assigned a new control number, removed and renumbered from 1240- 4-10-.04 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-10-.05 PERSONNEL

(1)General Qualifications for Staff (a)Agency employees shall be persons of good character. They shall possess the health, emotional stability and ability necessary to carry out assigned duties.

(b)An agency shall obtain references, attesting to the character, integrity, and ability to perform the tasks required for the position, for each employee.

(c)Report of a physical examination completed within no more than six months prior to hire date, shall be on file for all employees who have direct contract with residents. All employees, in contact with the residents as often as one-time per week must have a TB skin test prior to being allowed to care for the residents.

(2)An agency shall establish a job description for each position setting forth duties and defining the education and training required for the position.

(3)The agency shall have written policies regarding evaluations, salary, annual and sick leave. educational leave, attendance at conferences, working hours, vacations, holidays, retirement, insurance, and cause for dismissal. These policies shall be available to all staff members.

(4)Personnel records shall be kept in a locked file at the agency. These records shall include: the application, reports from references, the health record, record of positions held by the person during employment at the agency, record of training, and annual evaluations of the quality of the work done by the employee. Records of former employees shall also include a statement of date and reason for leaving the agency.

(5)The agency shall not knowingly employ any individual who has been convicted of any offense against children (6)Staff Positions.

(a)Administrator or Executive Director. The administrator or executive director shall have ability as an administrator as this person is in full charge of the management of the agency. The administrator shall make regular reports to the board on all phases of its operation and assume the responsibility for interpreting these standards to the board. The administrator is responsible for organizing a program of education and professional growth for the continued training and development of the staff and to develop a cooperative relationship among all staff. It is also the administrator’s responsibility to establish and maintain good working relationships with other social agencies and interpret the agency’s program to the community.

The board must select an administrator who is competent to carry the total responsibility for the administration of the agency’s program. As the board should delegate this responsibility to the administrator, he/she in turn, shall be able to delegate responsibility to appropriate staff members. 1.The executive director must be a graduate of an accredited graduate program in social work, or hold an equivalent, professional credential, e.g., masters of clinical psychology, masters of guidance and counseling. The executive director must have a minimum of two years’ experience in a social agency. 2.The executive director must have a minimum of one year’s experience in supervisory or administrative roles. 3.The executive director must prepare the facility’s budget with the assistance of appropriate staff and must be responsible for all customary purchases, securing board approval for all items not authorized in the budget. 4.The executive director must be responsible for employing and discharging all members of the staff 5.The executive director must be responsible for the overall functioning of all programs within the agency.

(b)Director of Casework. 1.Each agency is required to have a director of casework’ however, the director of casework may also act as the director of programs. 2.The director of casework must be a graduate of an accredited master’s program of social work, or hold an equivalent professional credential, e.g., masters in clinical psychology, masters of guidance and counseling. The director of casework must have a minimum of two years’ experience in direct casework practice. 3.The director of casework must be responsible for the overall provision of counseling, therapy, or casework services within the agency.

(c)Director of Programs 1.The requirements and duties of the Director of Programs shall be the same as those for Director of Casework and shall differ only in that:

(i)It is not required that the agency employ a Director of Programs, and (ii)The Director of Programs must be responsible for the administration of the treatment program, the overall supervision of house activities relating to the residents of the agency and must participate in policy making relevant to the overall program of the agency.

(d)Caseworker 1.It is required that one (1) caseworker, in addition to the Director of Casework, be added at such time that the average daily census of children, as computed over the immediately preceding 12 month period, exceeds six (6). 2.At least one-half of the casework staff must hold degrees directly relating to the provision of therapy services, and such degrees must be of a level higher than an undergraduate degree. 3.Those caseworkers that do not hold an advanced degree must have at least one of the following:

(i)A bachelor’s degree in a related field and at least one year of direct experience in the provision of social services.

(ii)A bachelor’s degree in a non-related field and at least two years’ direct experience in the provision of social services.

(iii)An advanced degree in a non-related field and at least two years’ direct experience in the provision of social services.

(7)Volunteers.

(a)If volunteers are used, a process of application and screening must be established in the agency to insure that volunteers are of such character and competence as to meet the agency’s needs.

(b)The use of volunteers must be encouraged and they must have the same qualities of character as paid staff performing comparable duties.

(c)A program of ongoing training and orientation to the philosophies and practices or the agency must be provided each volunteer within the agency.

(d)Adequate supervision of volunteers must be maintained in the agency by a staff member.

(e)An individual file including application to participate as a volunteer, the results of the screening process, and reports of references, must be maintained by the agency on each volunteer.

(8)Child Care Staff.

(a)The child care staff must work under an appropriate supervisor.

(b)Each member of the child care staff must have at least a high school diploma or its equivalent (GED). Child care workers must be at least 18 years of age. Tasks must be assigned appropriate to their competence.

(e)A program of ongoing orientation and in-service training must be provided for the child care staff.

(9)Staff Development.

(a)Regularly scheduled in-service training sessions must be made a part of the ongoing yearly plan of the agency.

(b)Both formal and informal ongoing training must be provided to all staff, both paid and volunteer, relating to the program’s standardized operating procedures in tire following areas: 1.Evaluation of emergency service needs, 2.Conducting the intake interview 3.Completion of Intake form. 4.Legal rights of the child and parents. 5.Client referrals and follow-up. 6.Termination of services.

(10)Staff Ratio, (a)There must be at least two (2) staff members (one of whom must be a paid staff member) present and awake in the agency at all times. When the total number of children exceeds twenty (20) during waking hours, an additional staff member must be present for every increment of six (6) children.

(b)During sleeping hours, staff must consist of at least two (2) staff members whose primary responsibility is supervision within the agency. There must be one such staff member of each sex.

(c)Provisions must be made for emergency relief, standby staffing to insure the maintenance of this staff ratio.

(d)Adequate provision must be made for vacations and days off for child care staff.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-04-10-.06 AGENCY SETTING

(1)General (a)The facility must be in compliance with state and local fire, health, safety, and building requirements, and there must be a statement or certificate of compliance from each agency prior to admitting its first residents.

(b)The runaway house agency must be located in easy access of public transportation and appropriate social service and community facilities, e.g., schools, churches, medical facilities.

(c)The building must be in such a state of repair that it assures the safety of the residents in the home.

(d)Each resident must be provided with an individual place to keep his/her individual clothes and personal possessions separate from the possessions of others in the agency.

(e)Adequate laundry facilities must be provided, (f)Separate areas or separate floors must be maintained for male and female residents.

(2)Heat, Space, Light and Ventilation (a)Rooms must be comfortably heated in winter. The rooms must be free from dampness and have adequate ventilation.

(b)Sleeping rooms must be properly ventilated.

(c)At least 50 square feet of space per child must be provided in bedroom for children.

(3)Kitchen (a)All kitchens must be adequately equipped for the proper washing and sterilization of dishes and cooking utensils.

(b)There must be adequate facilities for refrigeration and for garbage disposal.

(c)Kitchens must meet the standards required by the Tennessee Department of Health and Environment (d)Adequate hand washing facilities approved by the Tennessee Department of Health and Environment must be provided.

(4)Dining Area (a)Appropriate dining facilities must be provided.

(b)The dining area must be clean, well lighted, and ventilated.

(c)The dining area must meet the standards required by the Tennessee Department of Health Environment.

(5)Storage Space (a)Cooking and eating utensils must be kept in storage space which is protected from dust, vermin, and pests.

(b)Secured space must be provided for the storage of all corrosives or poisons.

(6)Sanitary Facilities (a)Toilet and bathing facilities must be approved by the Tennessee Department of Health and Environment.

(b)There must be one toilet, one shower, and one lavatory for each six (6) residents for which an agency is approved.

(c)Bathrooms and facilities must be kept clean.

(d)All garbage must be placed in tightly covered containers and disposed of in a sanitary manner.

(7)Emergency Capacity. An agency may exceed its licensed capacity in an emergency situation where a child seeks admission during those hours when traditional social agencies are not in operation and may provide overnight sanctuary while alternative plans are made to reduce the number of residents within the agency maximum. Provided, however, that maximum occupancy of the agency shall not, at any time, exceed twenty-five percent (25%) of its licensed capacity. It is essential in all cases that adequate sleeping facilities be provided for all residents in the agency.

(8)Recreation (a)A recreational plan, including both spectator and active recreation activities, must be developed by the agency.

(b)Activities away from the agency must be planned whenever possible to allow the residents to continue as part of the overall community and not experience isolation of contact by being restricted to the agency facility.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-04-10-.07 AGENCY SERVICES

(1)General Standards. The agency is required to provide as part of its services the following:

(a)Individual Intake Services (b)Temporary Shelter (c)Individual Counseling (d)Group Counseling (e)Family Counseling (f)Referral Services (g)After-Care Services (2)Client Intake (a)Individual intake services to allow access to the program must exist on a 24-hour basis.

(b)The identification of emergency services, e.g., medical, dental, legal, basic needs, and the provision of the appropriate services directly and/or referral to other community service agencies must exist.

(c)Each individual resident must be immediately assigned to a caseworker who has case responsibility for the resident.

(d)A written procedure for contacting parents or legal guardians within one (1) hour, if possible, of the time of admission - both within the State of Tennessee or outside the State, must be established.

(e)A written procedure for notification within one (1) hour of the time of admission of the juvenile court in which jurisdiction the runaway house is located, must be established.

(f)In the event that parents are not available for notification, a certified or witnessed attempt at contacting parents must be recorded in the case record.

(g)An orientation to the agency practices and services must be held with each resident and an agreement reached.

(3)Counseling (a)Individual counseling must be available to each youth admitted to the program. Individual counseling sessions must be conducted on a regular basis (at least three times weekly) for each resident admitted to the program on a residential basis.

(b)Weekly case management sessions must be held with appropriate staff present to review all current cases and the type of care being provided.

(c)A written plan for each resident must be part of the agency record.

(d)A record of individual casework and counseling must be part of the individual resident’s agency record, (4)Group Counseling (a)Group counseling sessions must be conducted at least two times per week.

(b)Group counseling sessions must be conducted or supervised by staff with related experience and training.

(5)Family Counseling (a)Family counseling must be offered to all parents or legal guardians and residents.

(b)Family counseling must be conducted by staff with -related experience and training.

(c)Family counseling, whenever possible and appropriate must be part of the overall treatment for each resident receiving services from the agency.

(6)Agreement with Community Agencies (a)A conscientious effort must be made to establish formal or informal agreements with community agencies regarding the acceptance of program referrals.

(b)The program must be aware of and refer to community agencies for the provision of appropriate services.

(c)The agency must make every effort to establish linkages with other community agencies to provide for additional in-house services in areas in which the agency does not have in-house competence, e.g., psychological evaluation, psychiatric consultation.

(d)The program must validate in the agency record that the services, plans, and referrals that are made for a specific resident do exist in the community, and were either provided or refused.

(7)After-Care Services (a)After-care services must be part of the overall program and provided to residents and their families on a voluntary basis.

(b)A regular plan for after-care services must be a part of the case records when appropriate.

(c)After-care services provided must be documented in the case record.

(8)Protective Services. Each runaway house agency must be aware of the T.C.A. §§ 37-1201 through 37- 1212 and the responsibility of all agencies and individuals in reporting a child abuse or alleged abuse to the Tennessee Department of Children’s Services, and must develop a plan for the immediate reporting of each incidence of alleged abuse.

(9)Agency Records (a)Each agency must complete accurate records on all runaways served by the agency.

(b)A system for data collection must be established to identify trends for working with youth in crisis and to provide proper information as to numbers and demographic information of youth served.

(c)Each agency must provide secure and fire-resistant files for storing confidential records and the administrative files of the agency.

(d)The agency must provide for the storage in a secure area of the agency of all records for at least a three-year period following the 18th birthday of a resident. No file may be destroyed prior to that time.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984, effective July 28, 1984. Rule assigned a new control number, removed and renumbered from 1240- 4-10-.07 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-10-.08 CARE OF RESIDENTS

(1)Intermediate Care. Residents must not be kept in-runaway house agencies over twenty-eight (28) days except on an emergency basis. In such cases, the record must reflect diligence in pursuing appropriate alternative living resources. Documentation of referrals for alternative living resources must be contained in the case record.

(2)Health.

(a)An ongoing medical record of each resident must be maintained in the agency. (b) Doctor’s orders must be observed during the course of an illness.

(b)Doctor’s orders must be observed during the course of an illness (c)Regulation of visitors and the sterilization of dishes must be observed as the nature of illness dictates (d)First aid supplies must be kept on hand and must be placed in a locked area.

(e)A record of all medication dispensed must appear both in an ongoing agency medical log and in the case record of the individual resident.

(f)All legend drugs must be double-locked within the agency.

(g)In the event that any medication is used as an attitude manipulator, a tranquilizer, a legend pain killer, a barbiturate, or an amphetamine, there must be safeguards of a double entry medication system whereby each medication and the quantity is recorded as it comes into the agency and as it is administered.

(h)All controlled substances administered must be clearly evidenced in the controlled substance log, in the agency medication log, and in the individual record of the resident.

(i)No medication may be administered without a specific order from a licensed physician. The drug must be given to the individual for whom the drug was ordered in strict conformity with the directions given by the prescribing physician.

(j)No agency shall have legend/controlled substance as stock items. Such drugs must be individually prescribed and kept in the original containers with the name of the patient, drug, dosage, frequency of administration and prescription number unless filled directly by the physician.

(k)Each agency must develop a system for screening prospective residents for possible communicable diseases and an attitude must exist in the agency which would facilitate the trust of residents in sharing possible suspicions of communicable diseases with staff members.

(1)A formalized plan for providing both emergency and ongoing medical care must be developed with services to at least include the services of a pediatrician, a gynecologist, and a general surgeon.

(m)An emergency plan for dental and optical care must be developed.

(3)Nutritional Needs.

(a)Food of adequate quality and quantity must be served and meet the child’s daily dietary allowances as recommended by USDA. (See Appendix C.)

(b)Three meals and snacks must be provided daily (See Appendix C.), with not more than a 14hour span between a substantial evening meal and breakfast of the following day, and not more than 10 hours between breakfast and the evening meal of the same day.

(c)All special diets must be prepared as prescribed by the physician.

(d)Denial of a nutritionally adequate diet must not be used as a punishment, (4)Menus. Menus for the week must be prepared in advance. These menus must be followed and varied from week to week, although reasonable substitutions are permissible if the substituted food contains approximately the same nutrients.

(5)Food Sanitation and Preparation.

(a)State and local regulations for food sanitation must be met, which include but are not limited to the following: 1.When food is transported, it must be done in a manner that maintains proper temperature, protects the food from contamination and spoilage, and insures the preservation of nutritive value. 2.All food must be from sources approved or considered satisfactory by the health

authority. All milk must be pasteurized. 3.Raw fruits and vegetables must be washed before use. Stuffing, poultry, and pork products must be thoroughly cooked before being served. 4.Leftover food not brought to the table for service must be covered, refrigerated properly and used promptly. Food brought to the table for family-style service must be discarded if not consumed. 5.Reliable thermometers must be kept in the refrigerators. The temperature of refrigerated food must be maintained at 45 degrees F. or below. To keep food at this temperature the refrigerator temperature must be 37 degrees F. or below. Freezer temperatures must be 0 degrees F. or below. 6.Milk and other perishable foods must be kept in the refrigerator except during the time of preparation and service. 7.All dry food supplies must be stored in closed containers and stored at least ten (10) inches from the floor.

(b)Food preparation must be the responsibility of a staff member, (6)Child Behavior and Discipline (a)Corporal punishment of any form must be specifically prohibited in the agency.

(b)Some plan for discipline and order must be established as a part of the ongoing policy and philosophy of the agency of which each resident and staff member is aware.

(7)Education and Religion (a)Children in the runaway house program must comply with the Tennessee State Law on compulsory school attendance.

(b)The agency shall provide the opportunity for the individual residents to fulfill religious preferences.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-04-10-.09 ONGOING-PROGRAM PLANNING

(1)The program must establish and maintain an ongoing planning process.

(2)The program must review its goals, objectives, service components, and procedures on at least an annual basis and must revise them as necessary.

(3)Staff, both paid and volunteer, including members of the board of directors, must participate gram’s planning efforts.

(4)The program must assess the needs and problems of youth in the community and the available services to meet these needs.

(5)The program must conduct an evaluation of its processes and impact on the client’s served.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed March 18, 1977; effective April 18, 1977. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-04-10-.10 COMPLIANCE Each runaway house agency must cooperate in every way with the Tennessee Department of Children’s Services in complying with these standards and in providing appropriate reports, data, etc., as requested by the Tennessee Department of Children’s Services.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 37-1604 and 37-1605.
• Administrative History: Original rule filed June 28, 1984; effective July 28, 1984. Rule assigned a new control number, removed and renumbered from 1240-4-10-.10 filed and effective March 25, 1999.

Chapter 0250-04-11 Standards for Child Abuse Prevention Agencies

Tenn. Comp. R. & Regs. 0250-04-11-.01 LEGAL BASIS FOR LICENSING

(1)GENERAL: The legal basis for licensing is contained in T.C.A. §71-3-501 et seq.

(2)DEFINITIONS:

(a)Child Abuse Prevention Agency 1.Child Abuse Prevention Agency- (defined as “child abuse agency” in the law) shall mean and include any person, corporation, or agency which undertakes to or does provide any services of any nature whatsoever, including but not limited to emergency shelter care, homemaker services, or parent training services designed to prevent or treat child abuse or neglect or to protect children from child abuse or neglect. This shall not apply, however, to a person licensed by the State of Tennessee to practice medicine or psychology while in the course of such practice nor shall it apply to any school, hospital, mental health center, or similar institution operated or approved by an agency or Department of the State of Tennessee. Nor shall it apply to any church or church-related organization. 2.Nothing in this section shall be construed, however, to diminish or repeal the duty of any person to report suspected child abuse pursuant to T.C.A. §§37-1-401 et seq. and 37-1- 601 et seq.

(b)Department - The Tennessee Department of Children’s Services.

(c)Commissioner - The Commissioner of the Tennessee Department of Children’s Services.

(d)Staff - Full-time and part-time employees.

(e)Law - T.C.A. §71-3-501 et seq.

(f)License- A yearly permit issued to a child abuse prevention agency. Licensing is based on achievement in meeting minimum standards developed and published by the Department.

(3)BASIS FOR APPROVAL FOR LICENSE: All child welfare agencies, as defined in T.C.A. §71-3-501, shall be licensed annually by the Department, said license to be based on standards developed and published for each child welfare agency in accordance with the following six points of excellence:

(a)The present need for the proposed child welfare agency;

(b)The good character and intention of the applicant;

(c)The adequate financing of the organization;

(d)The capability, training, and experience of the workers;

(e)The facilities for and the methods of care provided and the consideration of the best interest of the child and the welfare of society In any placements of children to be made; and (f)The probability of permanence of the child welfare agency.

(4)LICENSING PROCEDURE:

(a)Conditional License Fees: Application for license shall be made to the Department upon blanks furnished by it. Upon receipt of the application for a license, the Department shall issue the applicant agency a conditional license which shall be valid for a period of 90 days from the date of issuance; provided, that the staff and facility do not present any apparent hazards to any children that may be in care and that the facility has received fire safety and environmental sanitation approval. A processing fee of $10 shall be submitted with the application.

(b)Issuance of Annual License, Revocation, Suspension, and Hearings: If at the end of the 90-day period set forth above, evidence is provided by the applicant/licensee that the child welfare agency is suitable and properly managed as such, the Department shall issue such agency a license which shall be valid for a period of one year; provided, however, such license may at any time by revoked by the Department on 90-days notice being given to the licensee, or such license may be immediately suspended be the Department, as provided by law, if the public health, safety, or welfare imperatively so requires. The notice of revocation, or suspension order shall contain the cause of the revocation or suspension. The licensee may, upon written request filed with the Commissioner within 10 days of mailing of the notice of revocation, receive a hearing before the Board of Review, with such hearing to be held within the 90-day period set out in the notice of revocation.

(c)When an application for a license has been denied or a license has been revoked on one occasion, the agency may not reapply for a period of 60 days from the date of the denial or revocation. If such license has been denied or revoked on two occasions, the agency may not reapply for a period of six months. If such license has been denied or revoked on three or more occasions, the agency may not reapply for a period of 12 months. The Department may waive the time restrictions herein upon a showing by the agency to the satisfaction of the Department that the agency has corrected the deficiencies which led to the denial or revocation. For purposes of this chapter, the “date of denial or revocation” shall, in cases where an appeal has been filed, mean the date on which any final administrative or judicial order has been entered finally determining the appeal.

(d)Upon written notice to the applicant that a request for license has been denied, such applicant may request a hearing before the Board of Review. Such request must be made in writing and must be filed with the Commissioner within 10 days of the mailing date of the notice of denial.

Such hearing must be granted at the next regular meeting of said Board of Review provided, however, that no longer than 60 days shall elapse after such request and before such hearing.

(e)Any child welfare agency, as defined in T.C.A. §71-3-501, operating without being so licensed by the Department, shall be guilty of a misdemeanor and shall be imprisoned not more than six months or fined not more than $500, or both.

Each day of operation without a license shall constitute a separate offense.

(f)It shall be the duty of the Department, through its duly authorized agents, to inspect at regular intervals without previous notice all child welfare agencies, as defined in T.C.A. §71-3-501, within the state. It is given right of entrance privilege of inspection, access to accounts and records, and information regarding the whereabouts of children under care for the purpose of ascertaining the kind and quality of work done to obtain a proper basis for its decisions and recommendations. Any violation of the rights given in this section shall be a misdemeanor.

(g)Notwithstanding the provisions of T.C.A. §71-3-527, the Department shall have the following

authority and responsibilities in any case in which the Department receives a report of harm in accordance with Part 4. or Part 6. of Chapter I of Title 37 of the T.C.A.. 1.The Department shall have the authority and responsibility to fully investigate in accordance with the provisions of Part 4. or Part 6. of Chapter I of Title 37 any allegation of abuse, neglect, or sexual abuse which it receives regarding any child or children in the care of any agency or person whether or not such agency or person is subject to licensure hereunder. In the conduct of such Investigation, the Department shall be granted access to the records of all children in the care of the person or agency and personnel files of the director and all employees of the person or agency, shall be allowed to inspect all premises in which children are kept or cared for, and shall be allowed to interview any and all children in the care of such person or agency of the Department determined such interviews are necessary. 2.If the Department determines that abuse, neglect, or sexual abuse has occurred and the person or agency fails to take appropriate action to prevent future abuse, neglect, or sexual abuse., the Department shall take such action as may be necessary to revoke, suspend, or deny action as may be necessary to revoke, suspend, or deny the agency’s license. If the person or agency is not licensed or not subject to licensure, the Department may proceed to being an action in the Chancery Court of the county of the defendant’s residence or the county in which the abuse, neglect, or sexual abuse occurred to enjoin the person or agency or any individual found by the Department to have been responsible for the abuse, neglect, or sexual abuse from continuing to provide care for children on a fulltime or part-time basis.

(5)PUBLIC AGENCIES. Any child welfare agency, as defined in T.C.A. §71-3-501, which is under the direct management of an administrative Department of the state, a county or a municipality, or any combination of these three, shall not be subject to license but shall meet the minimum standards of program and care as required of such child welfare agencies. The Commissioner of the Department, through his authorized agent, shall make periodic inspections of such public administrative child welfare agencies. The report of such inspections and recommendations shall be made privately to the executive head of the public administrative child welfare agency, the Board of Directors, if any, and/or the division of the state, county, or such agency. It shall be the duty of the Department to cooperate with the public administrative agencies herein referred to, to the end that such recommended changes in program and policies can be adopted. If within a reasonable time, such standards and recommendations are not met, it shall be the duty of the Commissioner of the Department to make report of the abovementioned inspections. If any serious abuses, dereliction, or deficiencies are found and are not corrected within a reasonable time, the same shall be reported in writing to the next session of the legislature.

(6)REPORTING OF BRUTALITY, ABUSE, NEGLECT OR CHILD SEXUAL ABUSE T.C.A. §§ 37-1- 403 and 37-1-605).

(a)Any person, including but not limited to any: 1.Physician, osteopath, medical examiner, nurse, or hospital personnel engaged in the admission, examination, or treatment of persons; 2.Health or mental health professional other than one listed in subdivision (a)(1); 3.Practitioner who relies solely on spiritual means for healing; 4.School teacher or other school official or personnel; 5.Judges of all courts-of the state;

6. Social worker, day care center worker, or other professional child care, residential, or institutional worker; 7.Law enforcement officer; or 8.Neighbor, relative, friend, or any other person who knows or has reasonable cause to suspect that a child has been sexually abused or having knowledge of or called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition which is of such a nature as to reasonably indicate that it has been caused by brutality, abuse, or neglect or which, on the basis of available information, reasonably appears to have been caused by brutality, abuse, or neglect, shall report such harm immediately by telephone, or otherwise, to the judge having juvenile jurisdiction or the county office of the Department of Children’s Services or to the office of the sheriff or the chief law-enforcement official of the municipality where the child resides. Any person, including judges of all courts of this state, who knows or has reasonable cause to suspect that a child has been sexually abused shall report such information in accordance with the Public Acts of 1985, Public Chapter 478, relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse.

(b)If a hospital, clinic, school, or any other organization responsible for the care of children has a specific procedure, approved by the director of the county office of the Department, for the protection of children who are victims of brutality, abuse, or neglect, any member of its staff whose duty to report under the preceding sentence arises from the performance of his services as a member of the staff of the organization may, at his option, fulfill that duty by reporting instead to the person in charge of the organization or his designee who shall make the report in accordance with the preceding sentence.

(c)The report shall include, to the extent known by the reporter, the name, address, and age of the child, the name and address of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information.

(d)If a law enforcement official or judge becomes aware of known or suspected child abuse, through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the Department immediately and, where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or Department to the maximum extent possible.

(e)Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report his suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his findings, in writing, to the local law enforcement agency, the appropriate district attorney, and the Department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in T.C.A. §37-1-409.

(f)Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to the Public Acts of 1985, Public Chapter 478 relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with the provisions of T.C.A. §37-1-606.

(g)Every physician or other person who makes a diagnosis of, or treats, or prescribes for any venereal disease set out in T.C.A. §68-10-101, or venereal herpes and chlamydia in children 13 years or younger, and every superintendent or manager of a clinic, dispensary; or charitable or penal institution in which there is a case of any of the diseases, as set out in this subsection, in children 13 years of age or younger shall report the case immediately, in writing, on a form supplied by the Department of Health to that Department. If the reported cases are confirmed and if sexual abuse is suspected, the Department of Health will report the case to the Department of Children’s Services. The Department of Children’s Services will be responsible for any necessary follow-up.

(7)VIOLATIONS PENALTIES:

(a)Any person required to report known or suspected child sexual abuse who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor.

(b)Any person who knowingly and willfully makes public or discloses any confidential information contained in the abuse registry or in the records of any child sexual abuse case, except as provided in the Public Acts of 1985, Public Chapter 478, is guilty of a misdemeanor. (Public Acts of 1985, Public Chapter 478, §16.)

(c)All staff of the agency whether paid, contracted, or volunteer, must report any suspected child abuse or neglect of any child enrolled in the agency, in conformance with Parts 4 and 6 of

Chapter 1 of Title 37 of the T.C.A.. Failure to do so will, standing alone, be sufficient basis for denial or revocation of the agency’s license.

(8)PLACEMENT IN TEMPORARY HOMES OR FOR ADOPTION: Private individuals including midwives, physicians, nurses, hospital officials, lawyers and the officials of any non-chartered and/or non-licensed child-caring institutions, child-placing agency, or maternity home are forbidden to engage in placing children for temporary care or for adoption. Violation of this restriction shall be punishable by imprisonment for not greater than 11 months, 29 days or a fine not to exceed $2,500, or both.

(9)AMENDED ADOPTION LAW: No person, corporation, or agency except the Department of Children’s Services or an agency licensed by the Department as a child-placing agency shall engage in placing children for adoption; provided however, this section shall not be construed to prohibit any person from advising a natural or prospective adoptive parents of the availability of adoption or from acting as an agent for the natural or prospective adoptive parents in making necessary arrangements for adoption so long as no fees are charged for such service other than the usual and customary legal and medical fees in connection with the birth of the child and the legal proceedings relative to adoption.

Any court of competent jurisdiction, upon the filing of a verified bill for injunction by the State of Tennessee, on behalf of the State Department of Children’s Services or by an agency, or by any person aggrieved, may temporarily enjoin or restrain any person, corporation, or agency from engaging or attempting to engage in placing children for adoption in violation or threatened violation, of the chapter of the T.C.A. relative to adoption, and upon final hearing, if the court determines that there has been a violation or threatened violation thereof, the injunction shall be made permanent.

(10)POSTING OF LICENSE: A license to operate a child abuse prevention agency must be posted in a conspicuous place.

(11)GENERAL REQUIREMENTS: All child abuse prevention agencies licensed or approved by the Department must meet the following minimum requirements.

(a)All child abuse prevention agencies, whether publicly or privately owned and/or operated, shall meet the standards of private licensed, child-abuse prevention agencies.

(b)A child abuse prevention agency shall have office facilities adequate to meet its needs, including accessibility to the public, adequate space for staff, and an area which provides privacy for interviewing clients.

(c)A child abuse prevention agency shall maintain professional confidentiality in accordance with the ethics of the social work profession. The agency shall act in the best interest of the client insofar as this does not violate the social responsibility of the agency for the protection of the community.

(d)A child abuse prevention agency shall keep accurate statistical records which reflect the complete scope of the work or the agency.

(e)Reports shall be made to the Department as follows: 1.Monthly and annual statistical reports completed on forms provided by the Department; and 2.Change in location reported at or prior to time of change.

History

• Authority: T.C.A. §§4-5-226(b)(2); 4-5-320; 36-1-134; 37-1-401 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5- 112(a); 71-1-105(12) and 71-3-501 through 71-3-531.
• Administrative History: Original rule filed August 13, 1979; effective November 28, 1979. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Repeal and new rule filed May 7, 1991; effective June 21, 1991. Rule assigned a new control number, removed and renumbered from 1240-4-11-.01 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-11-.02 ORGANIZATION AND ADMINISTRATION

(1)LEGAL RESPONSIBILITY:

(a) The organization of every agency must be such that legal and administrative responsibility is clearly defined.

(b)In an incorporated agency, the administrative responsibility must be placed with the Board of Directors.

(c)In a non-incorporated or public agency, an advisory board must be established.

(2)CONSTITUTION AND BYLAWS:

(a)An incorporated agency must develop written bylaws which define policies and procedures pertaining to its organization and structure.

(b)The bylaws of an incorporated agency must include the following subjects: 1.Name; 2.Purpose, with a description of scope of operation; 3.Membership; 4.Powers and duties of Board of Directors; 5.Size of Board of Directors; 6.Method of selection, tenure, and rotation of Board members; 7.Method of election of officers of the Board; 8.Organization of Board and its committee, enumerating their respective responsibilities; 9.Method of calling Board meetings and annual meetings; 10.Frequency of meetings, quorum requirements, rules of order; 11.Fiscal year; 12.Responsibilities of the chief administrative officer and his/her relationship to the Board; and 13.Method of amending the bylaws.

(3)COMPOSITION OF THE BOARD:

(a)Every agency operating as a corporation must have a Board of Directors which operates as the responsible representative of the community and as the governing body of the agency. The only paid employee who may serve as a voting member of the Board of Directors is the chief administrative officer.

(b)Officers must be elected annually.

(c)There must be a minimum of quarterly meetings. In special circumstances a meeting of the Executive Committee may substitute for a full board meeting.

(4)GENERAL RESPONSIBILITIES OF THE INCORPORATED AGENCY

(a)The Board must set up the corporate or legal existence of the agency and give it continuity.

(b)It must select and appoint the chief administrative officer, and delegate responsibility to the chief administrative officer for administering the agency.

(c)It must see that adequate funds are available for financing the agency’s operations, including adequate staff, proper working conditions, salaries, and facilities.

(d)It must govern the agency by policies and plans that it determines and approves and that are formulated with the chief administrative officer and staff.

(e)It must account for the service of the agency and the expenditure of funds. To be accountable it must make provision for proper bookkeeping including a biennial audit with an opinion and an annual financial statement enumerating budgeted categories. The Board must set the budget, study reports, ask questions, and stay informed regarding the agency’s financial activities and fields of service.

(f)It must not be involved in individual cases unless the Board member is a staff person or volunteer whose job description authorizes such involvement.

(g)It must keep minutes signed by a corporate officer of each meeting which shall be available to the Department’s licensing division.

(h)The annual application for licensure must be submitted to the Department and signed by the chairman of the Board and/or chief administrative officer.

(i)The governing board must be organized and must function according to its constitution, bylaws, and charter.

(j)Members of the governing board must not serve for more than nine consecutive years after which time they must rotate off the board for a minimum of one year.

(5)PROGRAMS OPERATING UNDER PUBLIC AGENCIES MUST MEET THE FOLLOWING

STANDARDS AND GENERAL RESPONSIBILITIES OF THE ADVISORY BOARD:

(a)The Advisory Board of a child abuse prevention agency shall keep written records clearly setting forth: 1.Name; 2.Purpose; 3.Membership; 4.Power and duties of the Board; 5.Size of the Board; 6.Method of selection, tenure, and members; 7.Method of election of offices; 8.Organization of the Board and its committees, enumerating their respective responsibilities; 9.Responsibilities of the chief administrative officer and his/her relationship to the Board; 10.Method of calling meetings and annual meetings; 11.Frequency of meetings, quorum requirement, and rules of order; 12.Fiscal year; and 13.Method of amending the bylaws.

(b)The Advisory Board of a facility shall: 1.Provide advice to the governing body; 2.Keep informed of the operational policies and practices of the facility; 3.Periodically review aspects of the operation of the facility; 4.Meet as often as necessary but not less than quarterly; and 5.Maintain records of attendance and minutes of meetings. These records and minutes shall be available to the Department’s licensing division.

(c)In public agencies in the event of serious disagreement between the agency and Advisory Board, the Advisory Board shall report to the head of the governing unit legally responsible for the agency clearly outlining the nature of the disagreement and its recommendations.

(d)Members of the advisory board must not serve for more than nine consecutive years after which time they must rotate off the advisory board for a minimum of one year.

(6)FINANCING:

(a)Solicitation of Funds; Agencies which engage in the solicitation of funds for charitable purposes must comply with the Solicitation of Charitable Funds Act, T.C.A. §48-3-501 et seq.

(b)Income of the agency must be sufficient to ensure the effective operation of the program to which the agency is committed.

(c)A budgetary estimate showing details of anticipated income and expenditure for the coming year shall be approved by the board before the beginning of the fiscal year. The estimate shall be made available to the Department.

(d)Financial accounts must be audited biennially by a certified public accountant or licensed public accountant consistent with accepted accounting principles. A copy of the audit with an opinion must be furnished to the Department or Children’s Services. Qualifications to the opinion must be reviewed by the board and this review must be recorded in the minutes.

(e)The chief administrative officer and others handling the agency’s fund must be appropriately bonded. Premiums for the bonds must be paid by the organization unless otherwise provided by law or ordinance.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule filed August 13, 1979; effective November 28,1979. Amendment filed December 17, 1982; effective March, 16 ,1983. Repeat and new rule filled June 28, 1984; effective July 28, 1984. Repeal and new rule filed May 7, 1991; effective June 21, 1991. Rule assigned a new control number, removed and renumbered from 1240-4-11-.02 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-11-.03 PERSONNEL POLICIES

(1)The Board of Directors or the governing body in cooperation with the chief administrative officer, shall establish written personnel policies. These policies shall include:

(a)A job description for each position in the agency covering position’s responsibilities, academic qualifications, and required level of experience;

(b)Annual salaries and performance review requirements;

(c)Physical examination policy;

(d)Training activity requirements and method of documentation that employees have met these requirements;

(e)A defined work week and hours to be worked per week;

(f)Vacation policy that clearly defines amount of time allowed and payment plan;

(g)Sick leave policy;

(h)Policies regarding Social Security, insurance, retirement plans, and other fringe benefits;

(i)Agency grievance procedure;

(j)Grounds for dismissal; and (k)Written policy related to detection, reporting, and prevention of child sexual abuse as provided by state law.

(2)STAFF RECORDS:

(a)Records on all staff members and information on applicants for jobs must be kept in a locked file at the agency. They must include: an application, reports from three references, one of whom must be a former employer, a written statement of good physical health from a health care professional, a record of participation in orientation and training activities, a record of positions held by the person during employment at the agency, record of leave, and date and reason for termination. Employee personnel files must include copies of educational transcripts documenting required degrees.

(b)In addition to the above, copies of an annual evaluation of the quality of work done by the person while in the agency must be kept in his/her personnel record. These evaluations must be prepared by the chief administrative officer, assistant to the chief administrative officer, or by the person directly responsible for the supervision of the employee. If not conducted by the chief administrative officer, it must be approved by the chief administrative officer.

(c)Staff shall have access to their personnel records as afforded to them by law.

(3)STAFF DEVELOPMENT’

(a)Agencies must provide new staff with an orientation program that thoroughly acquaints the new employee with agency philosophy, policies, and procedures specifically including confidentiality procedures. This program must be under the supervision of qualified staff and appropriate to the position being assumed by the new employee.

(b)A program of in-service training must be developed which provides staff with a minimum of 12 hours in-service training annually. Attendance at conferences and workshops may be included as

part of the 12-hour minimum requirement. Six hours of the annual training must be provided by sources outside the agency.

(c)Participation in these activities must be documented in personnel files.

(d)Within two weeks of being on the job, each employee must receive orientation and instructions related specifically to child abuse detection, reporting, and prevention. This training must be documented in the employees personnel file (4)GENERAL QUALIFICATIONS:

(a)Agency employees shall be persons of good character. They shall possess the health, emotional stability, and ability necessary to carry out their assigned duties.

(b)An agency shall obtain references attesting to the character, integrity, and ability to perform tasks re quired for the position. At least one of these references must be from a former employer.

(c)The agency must obtain or document an attempt to obtain a criminal records check on each employee and volunteer. (For example: NCIC.)

(5)SCREENING: EXCLUSIONS FOR CERTAIN CRIMES:

(a)Reserved.

(b)Any person (1) associated in providing care or ancillary services in any manner within a child welfare program, (2) who is a family member or other person residing in the agency, or (3) is a person with unrestricted access to children in the agency as determined by the Department of Children’s Services, who is identified to the-agency based on an investigation of child abuse or child sexual abuse by the Department of Children’s Services as a validated or indicated perpetrator of such abuse of a child or who is currently charged with, has been convicted of, or pled guilty in any manner to a crime involving a child or who has pled guilty to any lesser offense derived from an original offense involving a child, shall not be employed or work as a caregiver or have access to or contact with children within the program operated by a child welfare agency. Any employee or volunteer who has been identified by the Department as having neglected a child based on an investigation conducted by the Department pursuant to a report of harm, and who has not been criminally charged or convicted or pled guilty as stated above, shall be supervised by another adult while providing care for children.

(c)A person who is currently charged with, has been convicted of, or has pled guilty in any manner to a crime of violence against another person or has pled guilty to any lesser offense derived from a crime of violence against another person, or any offense involving the manufacture, sale, distribution, or possession of any drug shall not work as a caregiver or have any contact or access to children within the program operated by a child welfare agency.

(6)MEDICAL STANDARDS:

(a)All staff and volunteers who provide direct services to clients must have a written statement from a professional health care provider that they are in good physical health.

(b)Any staff or volunteer engaged, following the effective date of these standards, must meet this requirement.

(7)SPECIFIC QUALIFICATIONS FOR STAFF:

(a)The Chief Administrative Officer: 1.The chief administrative officer must be selected by the Board of Directors and be accountable to the Board for satisfactory performance of duties; 2.The chief administrative officer must have a bachelor’s-level degree from an accredited four-year college or university; 3.The chief administrative officer must be responsible for:

(i)Attending Board meetings and participating in all planning for the Agency;

(ii)Assuring that the agency keeps accurate statistical reports that give the complete scope of the work of the Agency;

(iii)Assuring that monthly reports on forms furnished by the Tennessee Department of Children’s Services are submitted, as well as any special reports that may be required from time-to-time;

(iv)Preparing the agency’s budget in cooperation with the Board and operating the agency within the budget approved by the Board;

(v)Selecting, employing, training, and discharging (when necessary), all staff and supervising the daily management of the agency if another person has not been delegated the responsibility;

(vi)Communicating to the Board information on the operation of the agency, unmet needs, and modern methods regarding child abuse prevention services;

(vii)Implementing the policies of the Board and bringing to the Board’s attention areas which require modification or change. and interpreting the agency’s program to the community and giving professional leadership to the Board in doing this job;

(viii)Maintaining adequate records on the administrative and fiscal operation of the agency; and (ix)The administrator must hold staff meetings at regular intervals and discuss plans and policies with his/her staff. The administrator must secure adequate clerical staff to keep correspondence records, bookkeeping, and files current and in good order.

(b)Professional Staff; Staff who counsel abusive or neglectful parents or parent substitutes and/or the children who are involved in abuse or neglect situations, must meet the following qualifications: 1.Director of counseling services or counseling supervisor or equivalent position: must have a master’s degree from an approved school of social work or an equivalent degree in a related Children’s Services’ field such as psychology or guidance and counseling, and have at least two years full-time employment in the delivery of child welfare services. 2.Caseworker: must possess a bachelor’s-level degree from an accredited four-year college or university in a Children’s Services related field. 3.If there is only one caseworker, he or she must meet the qualifications for director of counseling services. 4.There shall be a supervisor for each caseworker. Each full-time casework supervisor must supervise no more than eight full-time equivalent caseworkers.

(c)Homemakers: If homemaker service is provided, the following requirements must be met: 1.The homemaker must be in good physical and emotional health as evidenced by an annual physical examination [See 0250-4-11-.03(6)(a)]; 2.The homemaker must meet all criteria specific to the job description for the job held; and 3.Adequate supervision of homemakers must be provided by trained staff.

(d)Volunteers: If volunteer service is provided, the following requirements must be met: 1.For purposes of these standards, a volunteer shall be considered to be any person providing assistance to the agency without remittance who has direct, and ongoing contact with the clients or client records; 2.If any volunteers are used, a process of application and screening must be established in the agency to ensure that volunteers are of such character and competence as to meet the agency’s needs; 3.All requirements of 0250-4-11-.03(5) are applicable to volunteers; and 4.Volunteers must be provided a minimum of 12 hours training the first year, nine of which must be provided prior to assignment. This training must include the following topics:

(i)Types and definitions of child abuse, including orientation and instructions related specifically to child abuse detection, reporting, and prevention which must be documented in the volunteer’s file with the agency;

(ii)Supervision;

(iii)Family dynamics; and (iv)Confidentiality. 5.On-going training for volunteers must include six hours per year of training, three of which must be provided by sources outside the agency. 6.Adequate supervision of volunteers must be provided by trained staff. 7.An individual file including the application to participate as a volunteer; the results of a criminal records check; a written statement of good physical health from a health care professional; and letters of reference must be maintained by the agency on each volunteer.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); 71-3-501 et seq., and 37-1-601 et seq.
• Administrative History: Original rule filed August 13, 1979; effective November 28, 1979. Repeal and new rule filed June 28, 1994; effective July 28, 1984. Repeal and new rule filed May 7, 1991; effective June 21, 1991. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-4-11-.03 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-11-.04 SERVICES TO CHILDREN AND THEIR FAMILIES

(1)The following services must be carried out only by qualified staff or persons supervised by qualified staff:

(a)Intake;

(b)Casework services to children and their families;

(c)24-hour availability for crisis situations;

(d)Referral to other resources;

(e)Closure; and (f)Follow-up services.

(2)Admission policies must be clearly defined in writing and be available to persons in agencies making inquiries.

(3)Admission services must be in accordance with the stated policies of the agency and must incorporate any agreements or contracts entered into with referring agencies.

(4)Services will be provided in accordance with a case plan developed for each family. A case plan must be completed and on file within 30 days of acceptance of the family as a client. In developing this case plan, consideration must be given to the following:

(a)Information, as complete as possible, on the family situation;

(b)Evaluation of the past experiences and problems of the family;

(c)Immediate goals in respect to assisting the child and his/her family; and (d)Goals in respect to closure and follow-up.

(5)Case files must be kept on each client family.

(6)Case files must include the following:

(a)Initial referral information;

(b)Authorization for release of information;

(c)Intake information;

(d)Case plan;

(e)Documentation of agency/client contacts; and (f)Documentation containing specific reasons for case closure.

(7)Case files must be kept in a locked file in the agency when not in use by appropriate staff.

(8)The Child Abuse Prevention Agency must make available to all clients instructional materials regarding child sexual abuse. These materials must include information on prevention, parental responsibility to the child victim, the Tennessee State Reporting Law, and programs through which child victims and other family members may receive treatment.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a) and 71-1-105 et seq.
• Administrative History: Original rule filed August 13, 1979; effective November 28, 1979. Repeal and new rule filed June 28, 1984, effective July 28, 1984. Repeal and new rule filed May 7, 1991; effective June 21, 1991. Rule assigned a new control number, removed and renumbered from 1240-4-11-.04 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-04-11-.05 EMERGENCY SHELTER CARE

(1)Child abuse prevention agencies which provide for emergency shelter care for children and/or children and their families must meet the standards applicable to “residential child-care agencies”, and “family boarding homes” and “group care homes”, as provided in Chapter 0250-4-5 and Chapter 0250-4-2, respectively.

(2)When children and their families are cared for together in emergency shelter care facilities, the parents and other children will be included in applying the minimum requirements for licensing purposes.

History

• Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-501 et seq.
• Administrative History: Original rule filed August 13. 1979; effective November 28, 1979. Repeal and new rule filed June 28, 1984; effective July 28, 1984. Repeal and new rule filed May 7, 1991; effective June 21, 1991 Rule assigned a new control number, removed and renumbered from 1240-4-11-.05 filed and effective March 25, 1999.

Chapter 0250-05-01 Introduction

Tenn. Comp. R. & Regs. 0250-05-01-.01 GRIEVANCES

(1) When an applicant for, or recipient of, services is dissatisfied with any action taken by the Department of Children’s Services, pursuant to current Department of Children’s Services policy, he/she has a right to appeal for a fair hearing by an impartial official, provided that actions taken pursuant to judicial order or which are the subject of pending judicial proceedings shall not be subject to review by a fair hearing.

History

• Authority: T.C.A. §§37-5-105 and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-01-.02 AGENCY RULE MAKING

(1) The rules of practice for the service programs provided by the Tennessee Department of Children’s Services are not valid or effective against any person or party, nor may they be invoked by the agency for any purpose, until all of the requirements for rulemaking as set forth by the Tennessee Uniform Administrative Procedures Act (as amended) have been met.

History

• Authority: T.C.A. §§37-5-105 and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-01-.03 LEGAL BASE

(1) Pursuant to T.C.A. § 4-5-101 et seq., the Tennessee Department of Children’s Services is responsible for fulfillment of hearing provisions in the programs of this Department which provide for the hearings before the State Department. Such hearings shall meet the due process standards set forth in the US Supreme Court decision in Goldberg v. Kelly, 397 US 245 (1970) and the standards set forth in the Federal Regulations.

(2) The Civil Rights Act of 1964 prohibits discrimination in the provision of services to applicants, recipients, or beneficiaries because of their race, color, or national origin.

History

• Authority: T.C.A. §§37-5-105 and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002. -- 1 of 1 --

Chapter 0250-05-02 Definitions

Tenn. Comp. R. & Regs. 0250-05-02-.01 DEFINITIONS

(1)The following words and terms as used in the rules for the Administrative Procedures Division shall have the meaning hereinafter ascribed to them:

(a)Administrative Judge - An Administrative Judge is an impartial official of the Department of Children’s Services who is licensed to practice law and is designated by the Commissioner or his/her designated representative to conduct contested case proceedings pursuant to T.C.A. 4-5- 301. The staff member so designated shall have no direct involvement in the action under consideration prior to filing of the appeal.

(b)Agency - The agency is the Tennessee Department of Children’s Services.

(c)Appeal - An appeal is a procedure for bringing grievances which cannot be resolved in the local office to the State Office for a hearing.

(d)Appellant - An appellant is an individual who is dissatisfied with an action of the Department in regard to the furnishing or denial of services and who, as a result, is requesting a fair hearing before the State Office.

(e)Applicant for Services - An applicant for services shall be the person on whose behalf a service is sought from a Service Program of the Department of Children’s Services, even though some other person may request the service and/or may incidentally benefit from the service. The applicant for services to children, including but not limited to adoption services, foster care services and child protective services shall be the child for whose benefit the service is sought.

(f)Commissioner - The Commissioner is the Commissioner of the Tennessee Department of Children’s Services.

(g)Department - The Department is the Tennessee Department of Children’s Services.

(h)Fair Hearing - A fair hearing is a proceeding before an impartial official designated by the Commissioner of the Department of Children’s Services in which an appellant or his/her representative may present his/her case, with or without witnesses, to show why action or inaction by the county, area or regional office should be corrected.

(i)File - To file a document relating to a Fair Hearing with this department is to deliver that document to the proper officer or official. A hearing request, or appeal, is not filed until it is received by the Administrative Procedures Division of this department.

(j)Hearing Officer - A Hearing Officer is an impartial official of the Department of Children’s Services who is not licensed to practice law and is designated by the Commissioner or his/her designated representative to conduct contested case proceedings pursuant to TCA §4-5-301.

The staff member so designated shall have no direct involvement in the action under consideration prior to filing the appeal.

(k)Local Office - A local office is the departmental office having jurisdiction over the case, primarily the county office, (l)Party - A party means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

(m)Person - A person means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character, including another agency.

(n)Rule - A rule means each agency statement of general applicability that implements or prescribes law or policy or describes the procedures or practice requirements for any agency. The term includes the amendment or repeal of a prior rule, but does not include: 1.statements concerning only the internal management of an agency and not affecting private rights, privileges or procedures available to the public; or 2.declaratory rulings issued pursuant to TCA §4-5-223; or 3.intra-agency memoranda; or 4.general policy statements which are substantially repetitious of existing law.

(o)Services Programs - The service programs encompass Social Services (Direct Services and Third Party Services)

(p)Recipient of Services - The recipient of services is the person for whose benefit services are provided by a service program of the Department of Children’s Services. The recipient of services for children, including but not limited to adoption services, foster care services, and child protective services, shall be the child for whose benefit the service is being provided.

History

• Authority: T.C.A. §§37-5-105 and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Chapter 0250-05-03 Fair Hearing Requests

Tenn. Comp. R. & Regs. 0250-05-03-.02 INFORMATION REGARDING RIGHT TO APPEAL

(1)Every applicant or recipient shall be informed at the time of application and at the time of any action affecting his/her entitlement to services:

(a)of his/her right to a Fair Hearing;

(b)of the method by which he/she may obtain a hearing;

(c)of his/her right to be represented by an authorized representative, such as legal counsel, relative, or friend. Information and referral services shall be provided to help claimants make use of any legal services available in the community that can provide legal representation at the hearing.

(2)A ten (10) day advance notice in writing shall be given to recipients in cases of intended action to discontinue, terminate, suspend, or reduce services.

History

• Authority: T.C.A. §§37-5-105 and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-03-.01 RIGHT TO APPEAL

(1)When an applicant for, or recipient of, services is dissatisfied with any action taken by the Department of Children’s Services, pursuant to current Department of Children’s Services policy, he/she has a right to appeal for a fair hearing by an impartial official, provided that actions taken pursuant to judicial order or which are the subject of pending judicial proceedings shall not be subject to review by a fair hearing. Grievances may also be addressed wherein the sole issue is one of protest of State or Federal laws, policies, or regulations.

(2)The applicant, or recipient, or his/her representative shall request a hearing by any clear expression, oral or written.

History

• Authority: T.C.A. §§37-5-105 and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-03-.03 TIME LIMIT FOR FILING AN APPEAL

(1)Appeals or requests for a hearing will be accepted only if they are filed within the required time limit unless good cause can be shown as to why the appeal or request for a hearing could not be filed within the required time limit.

(2)Appeals will be accepted only if they are filed within ten (10) days after the mailing date of the written notice of the action unless good cause can be shown as to why the appeal could not be filed within the time limit.

(3)The time limits shall be computed by excluding the first day and including the last, unless the last day is a Saturday. a Sunday, or legal holiday, in which case the last day shall be the first day following the Saturday, Sunday, or legal holiday which is not itself a Saturday, a Sunday, or a legal holiday.

History

• Authority: T.C.A. §§37-5-105 and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Chapter 0250-05-04 Notice of Hearing

Tenn. Comp. R. & Regs. 0250-05-04-.01 NOTICE

(1) The hearing shall be conducted at a reasonable time, date, and place after adequate written notice has been given to the appellant by the Administrative Judge/Hearing Officer.

(2) The notice shall include:

(a) Date, place, and nature of the hearing with instructions to the appellant to notify the county office if he/she is unable to meet the appointment.

(b) A statement of the legal authority under which the hearing is held, including a reference to the particular sections of the statutes and rules involved.

(c) A short and plain statement of the matters asserted. The notice will define the issues and will refer to detailed statements of the matters involved, to be found in the appeal summary that is prepared by the county office and which will be made available to the appellant prior to the hearing.

(d) Information about hearing procedures.

(e) The appellant's option to present his/her case or be represented by a lawyer or another authorized person.

(f) The appellant's right to inspect the files of the agency with respect to the matter under appeal and to copy there from.

(g) The appellant's right to present written evidence and testimonies and to bring witnesses and members of his/her family to the hearing.

(h) The process by which an appellant may petition for reconsideration of an initial or final order.

(i) The process by which an appellant may appeal an initial order.

(j) The appellant's right to judicial review, If he/she is dissatisfied with the final order entered on his/her appeal.

History

• Authority: T.C.A. §§4-5-307, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002. -- 1 of 3 --

Tenn. Comp. R. & Regs. 0250-05-04-.02 PRE-HEARING CONFERENCE

(1) In any action set for hearing the Administrative Judge/Hearing Officer assigned to hear the case, upon his/her own motion or upon motion of one of the parties or their qualified representative, may direct the parties and/or the attorneys for the parties to appear before him/her for a conference to consider:

(a) The simplification of issues;

(b) the necessity or desirability of amendments to the pleadings;

(c) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(d) the limitation on the number of expert witnesses;

(e) such other matters as may aid in the disposition of the action.

(2) The Administrative Judge/Hearing Officer shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for hearing to those not disposed of by admissions or agreements of the parties, and such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.

(3) Upon reasonable notice to all parties the Administrative Judge/Hearing Officer may convene a hearing or convert a prehearing conference to a hearing, to be conducted by the Administrative Judge/Hearing Officer sitting alone, to consider arguments and/or evidence on any question of law. The Administrative Judge/Hearing Officer may render an initial order on the question of law.

(4) In the discretion of the Administrative Judge/Hearing Officer, all or part of the pre-hearing conference may be conducted by telephone, television, or other electronic means, if each participant in the conference has an opportunity to participate in, and, if technically feasible, to see the entire proceeding while it is taking place.

(5) If a pre-hearing conference is not held, the Administrative Judge/Hearing Officer for the hearing may issue a pre-hearing order, based on the pleadings, to regulate the conduct of the proceedings.

(6) Unless precluded by law, informal disposition may be made of any appealed case by stipulation, agreed settlement, consent order or default.

History

• Authority: T.C.A. §§4-5-306, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-04-.03 SUBPOENAS FOR EVIDENCE AND WITNESSES

(1) The department shall have the power in an Administrative Hearing to require the attendance of such witnesses and the production of such books, records, papers, or other tangible things as may be necessary and proper for the purpose of the hearing proceeding. It shall be the responsibility of the Administrative Judge/Hearing Officer to issue the subpoena, but it shall be the responsibility of the parties involved in the case to request of the Administrative Judge/Hearing Officer the issuance of a subpoena. Subpoenas may be served at any place within the State by certified mail in addition to means of service provided by the Tennessee Rules of Civil Procedure.

(2) The Administrative Judge/Hearing Officer may at or before the time specified in the subpoena for compliance with (a) Void or modify the subpoena if it is unreasonable and oppressive, or (b) Tax the -- 2 of 3 -party making the request with reasonable costs in the production of books, papers, documents, or other tangible things.

History

• Authority: T.C.A. §§4-5-311, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002. -- 3 of 3 --

Chapter 0250-05-05 Administrative Judge/Hearing Officer

Tenn. Comp. R. & Regs. 0250-05-05-.01 ROLE

(1)The Commissioner of the Department of Children’s Services has placed responsibility for hearings in the Administrative Procedures Division of the Department of Children's Services. The Administrative Judge/Hearing Officer in the Administrative Procedures Division is vested with full authority in the conduct of the hearing process. The Administrative Judge/Hearing Officer is fully responsible for conducting hearings properly and promptly in accordance with the rules and regulations established by the Department.

History

• Authority: T.C.A. §§4-5-312, 37-5-105, and 37-5-106.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-05-.02 AUTHORITY

(1)The Administrative Judge/Hearing Officer shall have the authority to do the following:

(a)Schedule the hearing and conduct the hearing;

(b)Administer oaths;

(c)Issue subpoenas;

(d)Rule upon offers of proof;

(e)Regulate the course of the hearing;

(f)Set the time and place for continued hearings;

(g)Write an initial order stating his/her decision; and (h)Rule on petitions for reconsideration of the initial order.

History

• Authority: T.C.A. §§4-5-301, 4-5-312, 37-5-105, and 37-5-106.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-05-.04 INITIAL ORDER

(1)The initial order by the Administrative Judge/Hearing Officer shall be based exclusively on evidence and other material introduced at the hearing. The initial order shall be available to the appellant or his representative within a reasonable time. The report shall include:

(a)all pleadings, motions, and intermediate rulings;

(b)exhibits;

(c)a summary of the oral testimony plus all other evidence received or considered;

(d)stipulations and admissions;

(e)a statement of matters officially noted;

(f)questions and offers of proof, objections, and rulings thereon not addressed at the hearing;

(g)the reasons for the decision and the supporting evidence and regulations;

(h)findings of fact and conclusions of law;

(i)a statement of the available procedures and time limits for petitioning for reconsideration and/or appeal.

(2)The initial order shall be served on all parties of record.

(3)The initial order will be reviewed by the Commissioner or his/her designated representative prior to the entering of a final order.

History

• Authority: T.C.A. §§4-5-314, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Chapter 0250-05-06 Conduct of the Hearing

Tenn. Comp. R. & Regs. 0250-05-06-.01 RULES OF EVIDENCE

(1) The agency shall admit and give probative effect to evidence admissible in a Court and, when necessary to ascertain facts not reasonably susceptible to proof under the rules of court, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The agency shall give effect to the rules of privilege recognized by law and shall exclude evidence which in its judgment is irrelevant, immaterial, or unduly repetitious.

(2) Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file with the agency.

(3) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge.

(4) Every party shall have the right to present evidence, to make arguments, and to confront and crossexamine witnesses.

History

• Authority: T.C.A. §§4-5-313, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-06-.02 EXAMINATION OF CASE FILE

(1) Any party to a contested case shall have the right to examine Department manuals and the contents of the case file, except those records that are protected by confidentiality statutes, with respect to the matter being contested, and all documents and records used as evidence, at a reasonable time either before the date of the hearing or during the hearing. The case record and manuals shall not be removed from the local office. However, any party or his/her representative may copy entries or documents to be introduced at the hearing as supporting evidence.

History

• Authority: T.C.A. §§4-5-311, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-06-.03 EX PARTE COMMUNICATION

(1) Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in an appeal shall not communicate directly or indirectly in connection with any issue involved in such proceeding with any person except upon notice and opportunity for all parties to participate, except an agency member may communicate with other members of the agency, members of the Attorney General's staff or his/her assistants as provided by 4-5-304. -- 1 of 2 --

History

• Authority: T.C.A. §§4-5-304, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-06-.04 DISCOVERY

(1) Any party to a contested case shall have the right to reasonable discovery pursuant to T.C.A. § 4-5-311.

History

• Authority: T.C.A. §§4-5-311, 37-5-105, and 37-5-113.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002. -- 2 of 2 --

Chapter 0250-05-07 The Hearing Record

Tenn. Comp. R. & Regs. 0250-05-07-.01 TIME FRAMES

(1) The agency shall maintain an official record of each contested case for a period of not less than three (3) years.

History

• Authority: T.C.A. §§4-5-319, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-07-.02 CONTENTS OF RECORD

(1) The agency record shall consist solely of:

(a) Request for fair hearing (b) Appeal Summary (c) Notice of all proceedings (d) Any pre-hearing order;

(e) Any motions, pleadings, briefs, petitions, requests and intermediate rulings;

(f) Evidence received or considered;

(g) A statement of matters officially noticed;

(h) Proffers of proof and objections and rulings thereon not addressed during the course of the hearing;

(i) The tape recording, stenographic notes or symbols, or transcript of the hearing;

(j) The initial order, final order and any order on appeal or reconsideration;

(k) Matters placed on the record after an ex parte communication.

(l) All staff memoranda or data submitted to the Administrative Judge/Hearing Officer or members of the agency in connection with their consideration of the case unless prepared and submitted by personal assistants and not inconsistent with T.C.A. §4-5-304(b).

History

• Authority: T.C.A. §§4-5-319, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002. -- 1 of 2 --

Tenn. Comp. R. & Regs. 0250-05-07-.03 RECORD OF ORAL PROCEEDINGS

(1) A record (which consists of a tape or similar electronic recording) shall be made of all oral proceedings. Such record or any part thereof shall be transcribed on request of any party at his expense or may be transcribed by the agency at its expense. This record shall be maintained for a period of time, not less than three (3) years.

History

• Authority: T.C.A. §§4-5-319, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-07-.04 BASIS FOR AGENCY ACTION

(1) Unless otherwise provided for by this section or a state statute, the agency record shall constitute the exclusive basis for agency action in adjudicative proceedings under these rules, and for judicial review thereof.

History

• Authority: T.C.A. §§4-5-319, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002. -- 2 of 2 --

Chapter 0250-05-08 The Final Order

Tenn. Comp. R. & Regs. 0250-05-08-.01 TIME LIMITATION

(1)The maximum time limit for processing appeals is forty-five (45) days for Foster Care removals and ninety (90) days for Adoption Assistance and Indicated Child Abuse cases. The postponement of a scheduled hearing shall not exceed thirty (30) days, and the time limit for processing the appeal shall be extended because of:

(a)Illness of the appellant;

(b)because of circumstances beyond the control of the appellant or the Department.

(2)The time limit applies to the period extending from the date the request is received by the Department until the date the initial order is entered.

History

• Authority: T.C.A. §§4-5-314, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-08-.02 CONSIDERATION OF THE ENTIRE RECORD

(1)Before the final order is entered, the entire record shall be considered by the Commissioner or his/her designated representative, provided, however, that such hearing authority may rely on accurate summaries of testimony and evidence, prepared by the hearing officer and contained in the initial order, as provided in 0250-5-7-.01.

History

• Authority: T.C.A. §§4-5-314, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-08-.03 THE FINAL ORDER

(1)The final authority is the Commissioner of the Department of Children’s Services or his/her designated representative. The final order shall be binding upon all parties.

(2)The final order in a contested case shall be in writing and shall be made available to each party.

(3)The final order must include a statement of the available procedures and time limits for seeking reconsideration and/or judicial review.

History

• Authority: T.C.A. §§4-5-314, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-08-.04 PUBLIC ACCESS TO FINAL ORDERS

(1)The report of the hearing and the final order will remain on file in the local office for any further inspection as may be needed by the parties or their representatives.

History

• Authority: T.C.A. §§4-5-31, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Chapter 0250-05-09 Reconsideration

Tenn. Comp. R. & Regs. 0250-05-09-.01 NOTICE OF RIGHT TO A PETITION FOR RECONSIDERATION AND/OR APPEAL OF

THE INITIAL ORDER.

(1) Written notice of the right to Petition for Reconsideration and/or appeal is to accompany the initial order mailed to the parties. Any party, within fifteen (15) days after entry of an initial order, may file a Petition for Reconsideration with the Administrative Judge/Hearing Officer stating the specific grounds upon which relief is requested. A petition for appeal from an initial order must be filed with the Commissioner or his/her designated representative within fifteen (15) days after entry of an initial order or disposition of the petition for reconsideration. If an initial order is subject to both a timely Petition for Reconsideration and appeal, the petition for reconsideration shall be disposed of first; and a new fifteen (15) day period shall start to run upon disposition of the Petition for Reconsideration.

History

• Authority: T.C.A. §§4-5-315, 4-5-317, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-09-.02 NOTICE OF RIGHT TO A PETITION FOR RECONSIDERATION OF A FINAL ORDER

(1) Written notice of the right to petition for reconsideration of the final order is to accompany the final order to the parties. Any party who feels aggrieved by a final order, may, within fifteen (15) days following the date of the order, file a written petition for reconsideration which shall specify in detail the reasons for the request.

History

• Authority: T.C.A. §§4-5-314(c), 4-5-317, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-09-.03 EFFECT ON THE FINAL ORDER

(1) The filing of a petition for reconsideration of the final order shall not supersede or delay the effective date of the final order and said order shall take effect on the date entered by the agency and shall continue in effect until such petition shall be granted or until said order shall be superseded, modified, or set aside in a manner provided by law. However, if a change in circumstances occurs while the reconsideration is pending, action to implement that change will not be delayed pending the decision.

History

• Authority: T.C.A. §§4-5-318, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-09-.04 GROUNDS FOR RECONSIDERATION

(1) The Administrative Judge/Hearing Officer or the Commissioner or his/her designated representative, who rendered the initial or final order, which is the subject of the petition, shall, within twenty (20) -- 1 of 2 -days of receiving the petition, enter a written order either denying the petition; granting the petition and setting the matter for further proceedings; or granting the petition and issuing a new initial or final order. If no action has been taken on the petition within twenty (20) days, the petition shall be deemed to have been denied at the expiration of the twenty (20) day period.

(2) An order granting the petition and setting the matter for further proceedings shall state the extent and scope of the proceedings which shall be limited to argument upon the existing record; and no new evidence shall be introduced, unless the party proposing such evidence shows good cause for his failure to introduce the evidence in the original proceeding.

History

• Authority: T.C.A. §§4-5-317, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002. -- 2 of 2 --

Chapter 0250-05-10 Judicial Review

Tenn. Comp. R. & Regs. 0250-05-10-.01 NOTICE OF ENTITLEMENT TO JUDICIAL REVIEW

(1)Written notice of entitlement to judicial review is to accompany the final order to the appellant and/or recipient. The notice is to be to the effect that a person who is aggrieved by a final order in a contested hearing has the right to request judicial review within sixty (60) days after the entry of the agency’s final order thereon.

History

• Authority: T.C.A. §§4-5-322, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-10-.02 METHOD FOR FILING

(1)Proceedings for review are instituted by filing a petition for review in a Chancery Court of Tennessee having jurisdiction within sixty (60) days after entry of the final order by the Commissioner or his/her designated representative. Provisions of TCA §4-5-322 are to be applied in proceedings for judicial review.

History

• Authority: T.C.A. §§4-5-322, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed May 29, 2002; effective August 12, 2002.

Chapter 0250-05-11 Reserved

Tenn. Comp. R. & Regs. 0250-05-11 Reserved

RULES

OF TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

ADMINISTRATIVE PROCEDURES DIVISION -- 1 of 1 --

Chapter 0250-05-12 Reserved

Tenn. Comp. R. & Regs. 0250-05-12 Reserved

RULES

OF TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

ADMINISTRATIVE PROCEDURES DIVISION -- 1 of 1 --

Chapter 0250-05-13 Proceedings Affecting Foster Family Care

Tenn. Comp. R. & Regs. 0250-05-13-.01 RIGHT TO APPEAL

(1)A foster parent who has had a foster child, who is in the custody of the Department of Children’s Services, in his or her home for a period of 12 or more consecutive months shall have the right to appeal a decision by a representative of the Department of Children’s Services to remove said child from his or her home for placement in a different foster care home or facility or in an adoptive home.

This right shall not apply, however, to removals necessitated by any of the following reasons:

(a)Children returned to their parent(s) or legal guardian. Legal guardian as used in these rules shall not mean the Department of Children’s Services;

(b)Children removed from the foster family home pursuant to a Court Order requiring such removal;

(c)Children removed from the foster family home at the request of the foster parent(s).

History

• Authority: T.C.A. §§4-5-226, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28, 1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1983. Amendment filed January 3, 1992; effective March 16, 1992. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.01 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-13-.02 NOTICE

(1)Not less than ten (10) days prior to the removal of a child from a foster family home for reasons other than as specified in rule 0250-5-13-.01(l), (2), and (3), the foster parent(s) shall be notified in writing of the Department’s intention to remove the child, the date of the intended removal and the reasons for the intended removal. Such notice shall also advise the foster parents of their right to appeal this decision and that if they appeal within ten (10) days the child will not be removed from their home pending the outcome of the appeal.

(2)Advance notice of the intent to remove a child from a foster home shall not be required when the Department determines that there is an imminent threat of harm to the child’s health or safety if he is not removed from the foster family home immediately. In such cases the foster parent(s) shall be given as much advance notice as possible without endangering the child’s health or safety and shall be advised of their right to appeal the decision, although an appeal in such cases will not stay the removal of the child pending the outcome of the appeal.

History

• Authority: T.C.A. §§4-5-226, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed November 22, 1978; effective January 8. 1979. Repeal and new rule filed November 28, 1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1983. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.02 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-13-.03 TIME LIMIT FOR FILING AN APPEAL

(1)Appeals from decisions to remove a child from a foster family home will be accepted only if they are filed within ten (10) days after the mailing date of the written notice of the action unless good cause can be shown as to why the appeal could not be filed within the time limit.

(2)The time limits shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or legal holiday in which case the last day hall be the first day following the Saturday, Sunday, or legal holiday which is not itself a Saturday, a Sunday, or a legal holiday.

(3)Any waiver of the ten (10) day time limit for filing an appeal is subject to the approval of the Commissioner or his designated representative. Additionally, if an appeal is made after the ten (10) day time limit but prior to the actual removal of the child from the foster family home, the Commissioner or his designated representative may order that the child not be removed from the foster family home pending the outcome of the hearing unless he determines that the child’s health or safety requires immediate removal.

History

• Authority: T.C.A. §§4-5-226, 4-5-301, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28,1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1982. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.03 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-13-.04 WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OR DISMISSAL OF HEARING

REQUESTS.

(1)Foster parents who concur with the plan for removal of a child from their home or who choose not to pursue an appeal may waive their right to a hearing and to the ten (10) day advance notice period by executing a written waiver. A waiver to the right to appeal may not be executed prior to receipt of the written notice of the proposed removal, but once executed denies the right to future appeal and authorizes the Department to remove the child from the home on the date specified in the notice or on an earlier date, if such earlier date is specified in the waiver.

(2)The Department may dismiss a request for a hearing if it has been withdrawn by the foster parent(s) in writing or if it is abandoned. Abandonment may be deemed to have occurred if the foster parent(s), or an authorized representative acting on their behalf, without good cause fails to appear at the scheduled hearing.

History

• Authority: T.C.A. §§4-5-226, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28, 1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1982. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.04 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-13-.08 BASIS OF DECISION

(1)The final decision as to whether to remove the child from the foster family home will be made in accordance with what is found to be in the best interest of the child. When the interests of an adult and those of the child are in conflict, the interest of the child will be controlling.

History

• Authority: T.C.A. §§4-5-226, 37-5-105, and 37-5-112.
• Administrative History: Original chapter filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28, l979; effective January l2, 1980. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.08 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-13-.05 PRE-HEARING CONFERENCE

(1)Foster parents who have not had an opportunity to discuss their disagreement regarding a decision to remove a child from their home with someone in the Department other than the worker and/or his immediate supervisor, will be given the opportunity for a conference with higher level supervisors and/or the Regional Administrator at the time they request to file an appeal. Efforts should be made to resolve complaints through informal conference procedures; however, such a conference will in no way deny or infringe on the foster parent(s) right to appeal.

History

• Authority: T.C.A. §§4-5-226, 4-5-306, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28, 1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1982. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.05 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-13-.06 HEARING PROCEDURES

(1)A hearing regarding removal of children from foster family homes shall be in accordance with the requirements of Chapter 5 of Title 4 of T.C.A. and, except as may be specified otherwise in this

chapter, shall be held in accordance with Chapters 0250-5-1,0250-5-2,0250-5-3,0250-5-4,0250-5-5, 0250-5-6, 0250-5-7,0250-5-8,0250-5-9, and 0250-5-10 of the Rules of the Tennessee Department of Children’s Services, Administrative Procedures Division.

History

• Authority: T.C.A. §§4-5-226, 4-5-312, 37-5-105, and 37-5-112.
• Administrative History: Original ruler filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28,1979; effective January 12, 1980. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.06 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Tenn. Comp. R. & Regs. 0250-05-13-.07 TIME LIMITATION

(1)Except as may be specifically waived in writing by both the foster parent(s) and the Commissioner or his/her designated representative, the maximum time limit for processing an appeal regarding removal of a child from a foster family home is forty-five (45) days. This time limit begins to run on the date the request for appeal is received by the Department and ends on the date the Initial Order is mailed to the foster parent(s).

(2)When the final agency decision upholds the decision to remove the child from the foster family home, the decision letter shall state the date on which the child will be removed, which date shall be not less than seven (7) days from the mailing date of the letter.

History

• Authority: T.C.A. §§4-5-226, 37-5-105, and 37-5-112.
• Administrative History: Original rule filed November 22, 1978; effective January 8,1979. Repeal and new rule filed November 28,1979; effective January 12, 1980. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.07 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.

Chapter 0250-06-01 Access to Public Records of the Department of Children's Services

Tenn. Comp. R. & Regs. 0250-06-01-.01 PURPOSE AND APPLICATION

The purpose of these rules is to establish procedures governing public records requests received by the Tennessee Department of Children’s Services (“DCS”) that are subject to the Tennessee Public Records Act (“TPRA”), T.C.A. §§ 10-7-501 et seq., and to establish fees to be charged for reproduction of records or for the development of records in a specific format.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.02 DEFINITIONS

(1) “Commissioner” means the executive officer in charge of DCS.

(2) “Commissioner’s Designee” means any DCS employee directed by the Commissioner to perform a task in the Commissioner’s name.

(3) “Non-Routine Copy” means a copy, whether of paper or of electronically stored data, which requires more than minimal staff assistance, e.g., odd or oversize pages, bound documents, or electronically stored data requiring manipulation.

(4) “Office of Open Records Counsel” (OORC) means the office of the Tennessee Comptroller of the Treasury that serves citizens, media, and government entities as a resource for issues concerning Tennessee’s public record laws.

(5) “Public Records” are all documents, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by DCS.

(6) “Public Records Request Coordinator” (PRRC) is the DCS employee whose role it is to ensure that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with Tennessee Public Records Act and these rules. The PRRC may also be a records custodian.

(7) “Records Custodian” is an employee of DCS responsible for the direct custody and care of public records. The Records Custodian is not necessarily the original preparer or receiver of the record(s).

(8) “Requester” means a person seeking access to a public record, whether it is for inspection or duplication.

(9) “Tennessee Public Records Act” is the statutes codified at T.C.A. §§ 10-7-501, et. seq.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.03 ACCESS TO PUBLIC RECORDS

(1) DCS public records shall, at all times during normal and customary business hours designated by DCS, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless refusal is provided for by state or federal law.

(2) DCS staff shall timely and efficiently provide access and assistance to persons requesting to view or receive copies of public records. No provisions of these rules shall be used to hinder access to open public records. The integrity and organization of public records, as well as the efficient and safe operation of DCS, and those it supports, shall be protected as provided by law.

(3) All public records requests shall be managed by DCS’s Office of General Counsel and handled in accordance with applicable federal and state confidentiality laws.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.04 REQUESTING ACCESS TO PUBLIC RECORDS

Public record requests shall be made to the Public Records Request Coordinator (“PRRC”) or his/her designee to ensure that public records requests are routed to the appropriate records custodian and timely addressed.

(1) A request to view public records may be made to the PRRC by sending a request on the required form as set forth in Rule 0250-06-01-.11 by email to:

DCS.Public_Records_Request@tn.gov or by mail to the address provided below or an updated address as publicly provided:

Tennessee Department of Children’s Services Public Records Request Coordinator UBS Tower, 315 Deaderick Street, 7th Floor Nashville, TN 37243 (2) A request for copies, or requests for inspection and copies, shall be made to the PRRC by sending a written request via email or mail as provided above, 0250-06-01-.04(1).

(3) Requests for access to public records, whether for inspection or copying, shall include the requester’s contact information.

(4) Proof of Tennessee citizenship is required as a condition of inspecting or receiving DCS public records and may be proven by presentation of a valid, government-issued photo identification showing address. Should the requester not possess photo identification, the PRRC may require other forms of identification proving Tennessee residency.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.05 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The PRRC shall review public records requests and make an initial determination of the following:

(a) Whether the requester provided proof of Tennessee citizenship as described in Rule 0250-06-01-.04(4);

(b) Whether the request sufficiently describes the records sought; and (c) Whether DCS is the custodian of the requested records.

(2) The PRRC shall acknowledge receipt of a public records request and take one or more of the following actions, as appropriate:

(a) Advise the requester of these rules and requirements regarding:

1. Evidence of Tennessee citizenship as set forth in 0250-06-01-.04(4);

2. The form required to request copies as set forth in Rule 0250-06-01-.11;

3. Fees as set forth in Rule 0250-06-01-.09; and 4. Aggregation of multiple or frequent requests as set forth in Rule 0250-06-01-.10.

(b) Contact the requester to see if the request can be narrowed.

(c) Forward the records request to the appropriate DCS records custodian.

(d) Promptly make requested public records not specifically exempt from disclosure available. If it is not practicable for the requested public records to be made promptly available, the PRRC shall notify the requester in writing, within seven (7) business days from receipt of the request, indicating the reason for the delay and a reasonable estimate of the time necessary to respond to the request. Additional time may be necessary to determine whether the requested records exist; search for, retrieve, or gain access to records; determine whether the records are protected from disclosure; redact records; or other similar reasons; and (e) Deny the request in writing within seven (7) business days of receipt, providing the

basis for the denial, such as one or more of the following:

1. The requester has not presented evidence of Tennessee citizenship;

2. The request lacks specificity;

3. A specified exemption, or state or federal law exempts the record from disclosure under the TPRA;

4. DCS is not the custodian of the requested records; or 5. The records do not exist.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.06 REDACTION

(1) Certain DCS records are confidential in whole and may not be released with redaction. If a DCS record may be released with redaction, the records custodian shall prepare a redacted copy prior to providing access or copies of the requested records. If questions arise concerning redaction, the records custodian shall coordinate with the PRRC or DCS Office of General Counsel regarding review and redaction of records.

(2) Whenever a redacted record is provided, a records custodian should provide the requester with the basis for redaction. The basis for redaction shall be general in nature and not disclose confidential information.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.07 INSPECTION OF RECORDS

(1) There shall be no charge for inspection of public records.

(2) The location for inspection of public records shall be determined by the PRRC or the records custodian.

(3) The PRRC or a records custodian may require an appointment for inspection.

(4) During the inspection, the requester shall have the right to make copies and take photographs or photostats of complete or partial records. However, DCS will not certify the accuracy of copies, photographs, or photostats made with the requester’s personal equipment, such as a printer, a cell phone, or a copying machine.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.08 COPIES OF RECORDS

(1) The PRRC shall promptly respond to a public record request for copies in the most economic and efficient manner practicable.

(2) Copies will be available for pickup at a location specified by the PRRC or records custodian.

(3) Upon request and payment of estimated postage charges and fees for copies and labor pursuant to Tenn. Comp. R. & Regs. 0250-06-01-.09, copies will be mailed to the address provided by requester via U.S. Mail. Upon request and payment of fees for copies and labor pursuant to Tenn. Comp. R. & Regs. 0250-06-01-.09, copies may also be emailed to the requester. If electronic copies are provided on a flash drive or other storage device, the requester may be charged DCS’s cost for such device.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: New rule filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.09 FEES AND CHARGES

(1) DCS charges only reasonable fees and charges for public records in order to facilitate reasonable access to public records; these fees are consistent with the Schedule of Reasonable Charges published by the OORC.

(2) The PRRC shall provide requester with a good faith estimate of the fees and charges prior to producing the requested records.

(3) When fees and charges for copies and labor do not exceed fifty dollars ($50.00), the fees and charges may be waived at the discretion of the PRRC. When fees and charges for copies and labor exceed fifty dollars ($50.00), the fees may be waived at the discretion of the PRRC upon written request to the PRRC. Fees associated with aggregated records requests will not be waived.

(4) Fees and charges for copies and labor are as follows:

(a) Fifteen cents ($0.15) per page for letter and legal size black and white copies. Size is to be determined by the Department.

(b) Fifty cents ($0.50) per page for letter and legal size color copies. Size to be determined by DCS.

(c) Labor charges, when time exceeds one (1) hour for time reasonably necessary to produce requested records, including time spent locating, retrieving, reviewing, reproducing, redacting, or scanning records, will vary depending on the hourly rates of the employee(s) doing the work, and may include the reasonably necessary time of an attorney.

(d) No duplication costs will be charged for ten (10) or fewer pages of records. No duplication costs will be charged for records provided electronically except when paper copies that did not already exist are required to be created in responding to the request, such as when a record must be printed to be redacted.

(e) Payment is to be made by check or money order payable to Department of Children’s Services and mailed or hand-delivered to Department of Children’s Services, ATTN:

Accounts Receivable at 315 Deaderick St., UBS Tower 12th Floor, Nashville, TN 37243 or to an updated address as publicly provided.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: New rule filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.10 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) Requests for any DCS records may be aggregated.

(2) DCS will aggregate records requests in accordance with the “Reasonable Charges for Frequent and Multiple Requests” policy found on the OORC website, when four (4) or more requests are received within a calendar month, either from a single individual or a group of individuals deemed to be working in concert. The PRRC is responsible for making the determination that a group of individuals is working in concert. The PRRC or the records custodian must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

(3) When the aggregation threshold is reached, the exemption for labor charges up to one (1) hour specified in rule 0250-06-01-.09(4)(c) above does not apply to subsequent requests.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: New rule filed May 27, 2025; effective August 25, 2025.

Tenn. Comp. R. & Regs. 0250-06-01-.11 PUBLIC RECORDS REQUEST FORM

A Public Records Request form is required when submitting requests for public records to the PRRC and is publicly available on the DCS website.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
• Administrative History: New rule filed May 27, 2025; effective August 25, 2025.

Chapter 0250-07-01 Procedures for Permanency Plans

Tenn. Comp. R. & Regs. 0250-07-01-.01 PURPOSE OF THIS CHAPTER

The purpose of these rules is to effectuate the provisions of subsection with T.C.A. § 37-2-403(a)(2)(A), particularly for defining the required elements of a permanency plan.

History

• Authority: T.C.A. §§ 37-2-403 and 37-5-105.
• Administrative History: Emergency rule filed May 12, 2010; effective through November 8, 2010. Original rule filed May 25, 2010; effective October 29, 2010.

Tenn. Comp. R. & Regs. 0250-07-01-.02 DEFINITIONS FOR PURPOSES OF THIS CHAPTER

(1) “Department” or “DCS” means the Department of Children’s Services.

(2) “Plan” or “ Permanency Plan” means a written plan for a child placed in foster care with the Department of Children’s Services.

History

• Authority: T.C.A. §§ 37-2-403 and 37-5-105.
• Administrative History: Emergency rule filed May 12, 2010; effective through November 8, 2010. Original rule filed May 25, 2010; effective October 29, 2010. Amendments filed April 3, 2025; effective July 2, 2025.

Tenn. Comp. R. & Regs. 0250-07-01-.03 PERMANENCY PLAN REQUIREMENTS

(1) The Plan shall be a written document, which is a discrete part of the case record, in a format determined by the Department, which is developed jointly with the parent(s) or legal guardian of the child in foster care;

(2) The Plan shall be developed within thirty (30) days of the date of foster care placement;

(3) The Plan shall include goal(s) for each child as defined by Tenn. Code. Ann. § 37-2- 403(a)(1)(A) and statement of responsibilities between the parents, the Department and the Department’s caseworker. Such statements shall include the responsibilities of each party in specific terms and shall be reasonably related to the achievement of the goal(s). The statement shall include the definitions of “abandonment” and “abandonment of an infant” contained in Tenn. Code. Ann. § 36-1-102 and the criteria and procedures for termination of parental rights. Each party shall sign the statement and be given a copy of the Plan;

(4) The Plan shall be submitted to the court for review, modification, and ratification or approval within sixty (60) days of the date of foster care placement. The parents or legal guardians of the child shall receive notice to appear at the court review of the Plan;

(5) The Plan shall include a description of the services offered and provided to reunify the family;

(6) The Plan for any child in foster care for six (6) months or longer as a result of abuse or neglect that includes return of the child to the parent or legal guardian as a permanency goal may also include a requirement that the parent complete trauma-informed education before the child is returned to the parent or legal guardian, which may be completed by electronic means; and (7) The Plan shall document the steps to finalize a placement when the case plan goal is or becomes adoption or placement in another permanent home in accordance with sections 475(1)(E) and (5)(E) of the Social Security Act. When the case plan goal is adoption, at a minimum, such documentation shall include child-specific recruitment efforts such as the use of State, Tribal, regional, and national adoption exchanges.

History

• Authority: T.C.A. §§ 37-2-403 and 37-5-105 and 45 C.F.R. 1356.21(g).
• Administrative History: Emergency rule filed May 12, 2010; effective through November 8, 2010. Original rule filed May 25, 2010; effective October 29, 2010. Amendments filed April 3, 2025; effective July 2, 2025.

Chapter 0250-07-02 Drug Screening for Individuals Receiving Services from the Department of Children's Services

Tenn. Comp. R. & Regs. 0250-07-02-.01 DEFINITIONS

(1) “Adulteration” means to invalidate a specimen by adding another substance (e.g. adding water or a chemical to the specimen; tampering).

(2) “Chain of Custody” means the action of documenting the collection, management, and storage of a specimen from the moment the individual provides the specimen to the final destination of the specimen and the review and reporting of the final test result.

(3) “Confirmatory Screening” means a second analytical procedure to identify the presence of alcohol or a specific drug or its metabolites in a specimen.

(4) “DCS” or “Department” means the Tennessee Department of Children’s Services.

(5) “Direct Observation” means the visualization by the person administering a urine drug screen of the urine stream leaving the body of the individual and entering the screen cup.

(6) “Drug Metabolite” means the byproduct of the human body breaking down or metabolizing a drug into a different substance.

(7) “Drug Screening” means the use of various biologic sources to identify the presence of one (1) or more drugs of use.

(8) “Drug Testing” means a technical analysis of a biological specimen to determine the presence or absence of specified parent drugs or their metabolites.

(9) “Indirect Observation” means presence of the person administering a drug screen in the immediate area, balancing the need for privacy against prudent measures for prevention of adulteration or substitution of samples.

(10) “Individual” means a person receiving or participating in non-custodial, in-home, and/or custodial services with DCS.

(11) “Reasonable Suspicion” means a belief based on specific, objective, articulable facts and the reasonable inferences that may be drawn from those facts, or knowledge sufficient under the circumstances to cause an ordinary prudent and cautious person to believe the existence of a fact or condition.

(12) “Specimen” means a biological sample used for drug testing purposes, including, but not limited to, urine, hair, blood, breath, meconium, sweat, and/or oral fluid/saliva.

September, 2023 2 (13) “Substance Use Assessment” means a preliminary systematic screening to evaluate the likelihood that an individual is abusing or misusing substances or has a substance use disorder.

Screening is used to identify whether formal assessment by a licensed behavioral health clinician is necessary. Screening is intended to identify individuals at risk for or actually experiencing harm associated with the use of alcohol and/or drugs. Any DCS employee with appropriate training can administer a drug screen.

History

• Authority: T.C.A. §§ 37-1-406, 37-5-105, and 37-5-106.
• Administrative History: New rules filed June 13, 2023; effective September 11, 2023.

Tenn. Comp. R. & Regs. 0250-07-02-.02 REASONABLE SUSPICION AND REQUEST FOR DRUG SCREENS

(1) DCS employees may request a drug screen from an individual when reasonable suspicion of alcohol abuse, illegal drug use, or abuse of legal drugs exists. Examples of reasonable suspicion include, but are not limited to:

(a) A DCS employee witnesses observable behavior such as direct observation of drug use or alcohol abuse, possession of a drug or underage possession of alcohol, or the physical symptoms of being under the influence of a drug or alcohol;

(b) The individual exhibits a pattern of abnormal conduct or erratic behavior;

(c) The individual is a suspect or has been convicted in a criminal investigation involving drug possession, drug use, drug distribution/trafficking, or alcohol abuse or has been recently arrested for a drug-related charge or charge involving the abuse of alcohol;

(d) A DCS employee learns information indicating the individual may have tampered with a drug or alcohol screen on an open or recent case;

(e) The individual has drug paraphernalia in his or her possession or in the home;

(f) A DCS employee has reason to believe that the individual is enabling drug use or alcohol abuse;

(g) The individual’s social media contains evidence suggestive of alcohol abuse or drug use (e.g., pictures of individuals appearing intoxicated); or (h) A DCS employee receives information, from a reliable and credible source or that is independently corroborated, that the individual is using drugs or abusing alcohol or that any of the above-listed factors exist.

(2) DCS employees may request a drug screen from a household member of an individual when reasonable suspicion of alcohol abuse, illegal drug use, or abuse of legal drugs exists, and the household member is known or suspected to be a caregiver or has unsupervised access to the child.

(3) DCS employees may request a drug screen from an individual to comply with a court order.

(4) DCS employees generally do not request a drug screen when:

(a) The individual is already being randomly drug screened within the context of probation or substance use treatment, and both of the following are present:

1. DCS has access to records of the individual’s drug screens; and September, 2023 3 2. There is no reasonable suspicion the individual has recently relapsed or tampered with the screen.

(b) The individual is receiving inpatient care (e.g., hospital, substance use treatment provider), and both of the following are present:

1. Drug screens are provided as part of the individual’s care; and 2. DCS has access to records of the individual’s drug screens.

(c) If the DCS Child Protective Services case revealed no evidence of substance use, and the case is preparing to close as “No Services Needed” or “Unsubstantiated.”

(d) Nothing in this paragraph (4) prevents a DCS employee from conducting a drug screen on an individual if reasonable suspicion exists.

History

• Authority: T.C.A. §§ 37-1-406, 37-5-105, and 37-5-106.
• Administrative History: New rules filed June 13, 2023; effective September 11, 2023.

Tenn. Comp. R. & Regs. 0250-07-02-.03 ADMINISTERING AND CONDUCTING DRUG SCREENS

(1) When reasonable suspicion to request a drug screen of an individual or a court order requiring DCS to drug screen an individual exists, a DCS employee will attempt to administer a drug screen as soon as possible or as required by the court order.

(2) When administering any drug screen, a DCS employee shall:

(a) Obtain consent for the drug screen from the individual on a form developed by DCS;

(b) Attempt to verify the identity of the individual being tested by requesting to see stateissued photo identification or other recognized identification, if testing an individual with whom the DCS employee is not familiar;

(c) Ask the individual about their drug use, including history, frequency, types of substances, and methods of use. This allows the individual the opportunity to self-disclose what the drug test results are likely to reveal. DCS employees shall further ask the individual about medical conditions, prescriptions, and use of over-the-counter drugs;

(d) Follow all manufacturer instructions for the individual test being used;

(e) Follow universal precautions when handling all specimens, including wearing disposable gloves;

(f) Avoid administering a drug test to an individual in front of a child or youth whenever possible and practicable; and (g) Complete a form developed by DCS memorializing the results of the drug test.

(3) When a DCS employee administers a urine drug screen (UDS), the employee shall additionally:

(a) Provide the individual with a non-reusable, sealed container for specimen collection;

(b) Examine the specimen for signs of adulteration, as evidenced through evaluation of factors including, but not limited to, one or more of the following:

September, 2023 4 1. Temperature;

2. Color or appearance;

3. Nitrites;

4. Oxidants;

5. Specific Gravity;

6. pH level; and/or 7. Creatinine.

(c) Ensure that when directly or indirectly observing specimen collection for a urine drug screen, the following conditions exist:

1. The individual consents to the specimen collection; or 2. A court order requires it.

(d) Follow a chain of custody collection method and submit a specimen for confirmatory screening when one of the following occur:

1. A drug screen will likely result in a court action;

2. The individual submitting the specimen disputes the results in writing on a form developed by DCS;

3. A court order requires such confirmatory screening; or 4. A DCS supervisor has reasonable suspicion to believe the drug screening process was adulterated or otherwise inaccurate. A DCS supervisor may choose not to seek confirmatory screening if the individual with a positive drug screen has provided a clear, detailed statement of their substance use, and the statement is consistent with the results of the UDS.

4. Nothing in this paragraph (d) shall be construed to require confirmatory screening in every instance of a positive drug screen.

(e) Take the following additional precautions when screening in a home environment:

1. Avoid administering a drug screen to an individual in front of a child/youth whenever possible and practicable; and 2. With appropriate consent, assess the environment where the drug screen is to be administered to ensure no medications, adulterants, or other contaminants are present.

(f) Take the following additional precautions when screening at a DCS office or public location (e.g., a court or police precinct):

1. Avoid administering a drug screen to an individual in front of a child/youth whenever possible and practicable; and September, 2023 5 2. Display efforts to provide as much privacy as possible, for instance, by using a single restroom environment or a large restroom stall.

(4) DCS employees shall do the following to help avoid the tampering of drug screens:

(a) With appropriate consent and prior to administering the screen, evaluate the immediate vicinity where the drug screen will occur. Look for chemicals or other supplies that could be used to adulterate the screen.

(b) If indirectly observing the drug screen, instruct the individual not to flush the commode or run water until the DCS employee has received the specimen.

(5) After the result has been interpreted and a DCS form has been completed, the specimen and screening supplies may be discarded, barring any need to follow chain of custody collection methods.

(6) If an individual does not provide a specimen for a urine drug screen, the individual may be offered an opportunity to provide a saliva specimen through use of an oral swab drug screening kit. These kits shall follow chain of custody collection methods and shall be submitted to a laboratory for confirmatory screening.

(7) If an individual refuses a drug screen, the DCS employee shall document the refusal on a form developed by the Department.

History

• Authority: T.C.A. §§ 37-1-406, 37-5-105, and 37-5-106.
• Administrative History: New rules filed June 13, 2023; effective September 11, 2023.

Tenn. Comp. R. & Regs. 0250-07-02-.04 TYPES OF DRUG SCREENS USED BY THE DEPARTMENT OF CHILDREN’S

SERVICES.

(1) Four (4) types of drug screens commonly, but not exclusively, used by DCS are:

(a) Urine analysis;

(b) Hair follicle analysis;

(c) Saliva analysis; and (d) Nail bed analysis.

(2) Generally, drug screening with urine or saliva specimens is the most readily available and costeffective method. Under some circumstances, including, but not limited to, suspicion of an individual tampering with drug screens or being evasive with efforts to drug screen, an alternative method of drug screening may be appropriate. Alternative methods of drug screening include, but are not limited to, the following screens:

(a) Hair follicle analysis;

(b) Fingernail bed analysis;

(c) Extended urine panel analysis; or (d) Medical review of a drug screen.

September, 2023 6

History

• Authority: T.C.A. §§ 37-1-406, 37-5-105, and 37-5-106.
• Administrative History: New rules filed June 13, 2023; effective September 11, 2023.

Chapter 0250-07-03 Repealed

Tenn. Comp. R. & Regs. 0250-07-03 Repealed

RULES

OF TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

SOCIAL SERVICES DIVISION

Authority: T.C.A. §§4-5-226(b)(2); 37-5-101; 37-5-105; 37-5-106 and 37-5-112(a). Administrative History:

Rule assigned a new control number, removed and renumbered from 1240-7-3 filed and effective March 25, 1999.

Chapter 0250-07-04 Repealed

Tenn. Comp. R. & Regs. 0250-07-04-.01 REPEALED

History

• Authority: T.C.A. §§ 14-33-103, 37-5-105, 37-5-106, 71-1-105(12), and 71-6-203(7).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Amendment filed March 18, 1992; effective April 3, 1992. Rule assigned a new control number, removed, and renumbered from 1240-07-04- .01 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.09 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), 71-1-105(12), and 71-6-203(7).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Amendment filed February 18, 1992; effective April 3, 1992. Rule assigned a new control number, removed, and renumbered from 1240-07-04-.09 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.02 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, and 37-5-112(a).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Rule assigned a new control number, removed, and renumbered from 1240-07-04-.02 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.03 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, and 37-5-112(a).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Rule assigned a new control number, removed, and renumbered from 1240-07-04-.03 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.04 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), 71-1-105(12), and 71-6-203(7).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Amendment filed December 4, 1986; effective March 31, 1987. Amendment filed March 18, 1992; effective April 3, 1992. Rule assigned a new control number, removed, and renumbered from 1240-07-04- .04 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.05 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, and 37-5-112(a).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Rule assigned a new control number, removed, and renumbered from 1240-07-04-.05 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.06 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, and 37-5-112(a).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Rule assigned a new control number, removed, and renumbered from 1240-07-04-.06 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.07 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), 71-1-105(12), and 71-6-203(7).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Rule assigned a new control number, removed, and renumbered from 1240-07-04-.07 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-04-.08 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 14-33-103, 37-5-101, 37-5-105, 37-5-106, and 37-5-112(a).
• Administrative History: Original rule filed May 23, 1986; effective June 22, 1986. Rule assigned a new control number, removed, and renumbered from 1240-07-04-.08 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Chapter 0250-07-05 Child Abuse Prevention Standards

Tenn. Comp. R. & Regs. 0250-07-05-.01 BACKGROUND AND PURPOSE

(1)Tennessee Department of Children’s Services is the single state agency administering the child abuse prevention programs under Public Chapter 930, “Acts of 1984”.

(2)The Standards of this Chapter are stated as minimum requirements that must be met by child abuse prevention programs in order to receive funding under Public Chapter 930, “Acts of 1984”.

(3)These Standards are intended to:

(a)Provide a framework within which quality child abuse prevention services may be organized, delivered, and evaluated;

(b)Define and describe components of the service;

(c)State requirements which must be met during the service delivery process.

(4)Compliance with these Standards is a condition of the contract between the Department and each agency providing child abuse prevention services. Each agency must meet all of the Standards in this

Chapter in order to be in contractual compliance.

(5)For purposes of this Chapter, “Child Abuse Prevention Services” are those services designed to prevent the occurrence of child abuse and neglect.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-33-101 through 14-33-107; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule filed May 8, 1987; effective June 22, 1987. Rule assigned a new control number, removed and renumbered from 1240-7-5-.01 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-07-05-.02 PROGRAM ELIGIBILITY REQUIREMENTS

(1)In order to receive funding, any child abuse prevention program must provide some or all of the following services:

(a)Counseling for prevention of child abuse and neglect. Counseling services may be provided for children, parents, perpetrators and any other involved individual through individual, group, or family method. This service is intended to remedy the conditions which cause the child or family to be at risk of abuse or neglect and may include stress reduction, crisis intervention, and development of self-esteem.

(b)Child abuse prevention self-help groups. Self-help group services may be provided for children, parents, perpetrator and others involved in the situation. Self-help groups are to provide a supportive network for individuals to resolve the crisis and to develop and strengthen the individuals’ resources. These groups are to be facilitated by a professional.

(c)Child abuse prevention hot lines. Telephone “hot line” services are available to any individual who seeks their use. These hot lines must be staffed by professionals or trained volunteers and accessible 24 hours a day, seven days a week. Hot lines provide information, release for pentup emotions, reassurance, crisis counseling, basic advice and education, and defuse crisis situations.

(d)Community and direct education services. Community and direct education services may be provided for any individual or organization. Both of these educational services may involve such topics as parenting skills, coping with family stress, child abuse awareness, prevention of child neglect and abuse, child development, prenatal care for a child at risk, and personal safety at home for latch-key children.

Community education services may include public information efforts attained through conferences, seminars, public displays, media campaigns on TV, radio, billboards, newspapers or other publications, directed at individuals or organizations. Direct education services may include education activities designed to train or instruct, and provide consultation or technical assistance.

(e)Direct Intervention Services. Direct intervention services are provided for children, parents, perpetrators, and any other involved individual. These services are designed as “hands on” or “one-on-one” assistance to defuse stressful situations, to relieve the impact of abuse and neglect, to provide growth models, to strengthen resources, and to deter the repeating cycles of abuse and neglect.

Direct intervention services may include natural helpers (parent aides), respite care, crisis care, lay therapy, and family support services such as referrals to health care, family planning, child care, employment services, marriage counseling, and related services.

(f)Family Advocacy. Family advocacy services may be provided on behalf of any individual or group related to any issue concerning child neglect or abuse.

(2)Any agency which desires to secure funding for child abuse prevention services must submit a contract proposal to the Department. The proposal must include the following information, as well as any other information which may be required by the Department.

(a)A statement defining the needs of the population it intends to serve.

(b)A statement of the services to be provided, as well as the level of service delivery (as defined below) for each such service.

(c)For purposes of this rule, “level of service delivery” refers to the particular population at which a service is directed, and the stage in the child abuse scenario at which that population is involved. The three levels of service delivery are: 1.Primary. Intervention activities directed toward a general population to prevent initial instances of abuse. 2.Secondary. Intervention activities directed toward families and/or individuals at risk of abuse or neglect to defuse stressful situations where child abuse is likely to occur. 3.Tertiary. Intervention activities directed toward families and/or individuals who have been abused or neglected or subjected to the threat of abuse or neglect to include victims, perpetrators, or significant others.

(3)Documentation. The agency must maintain adequate documentation, including the following. Such records must be available for inspection, upon reasonable notice, by the Department.

(a)Individual case files shall be kept as appropriate to the service being provided. Each file shall contain as a minimum: 1.intake and eligibility documentation 2.case assessment materials 3.service plan or plans to include a goal statement 4.on-going documentation detailing the progress of the service activities including a summary of contact.

(b)A log shall be maintained on all referrals of abuse and neglect from hot line referrals shall warrant an individual file.

(c)A log containing referrals to the Department of Children’s Services by contract agencies of suspected child abuse or neglect requires the name of the victim and the name of the DHS intake worker who received the referral.

(d)Group service activities such as Community Education or activities delivered at the primary level require documentation to include: 1.group or organizational name 2statement of goal 3.the schedule of the event such as the date, time, and site 4.approximate number in attendance, the type of individual attending (i.e. adult/child, teachers medical personnel, 3rd grade, etc. 5.the number and names of referrals received

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-33-101 through 14-33-107; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule filed May 8, 1987; effective June 22, 1987. Rule assigned a new control number, removed and renumbered from 1240-7-5-.02 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-07-05-.03 ADMINISTRATION OF PROGRAMS

In order to receive funding, the organization administering a child abuse prevention program must comply with the following administrative requirements.

(1)The program administration must assure that funds allocated for child abuse prevention under Public

Chapter 930 shall be used to provide services in addition to those already provided by the Department of Children’s Services.

(2)The program administration must be a public organization or private, non-profit corporation, and be tax-exempt under Section 501 of the Internal Revenue Code.

(3) The program administration must comply with T.C.A. §§37-1-403 and 14-25-103 by reporting cases of suspected abuse of children and adults to the Department of Children’s Services.

(4)The program administration must comply with all applicable rules and regulations according to T.C.A. Title 4, Chapter 5, “Administrative Procedures Act”.

(5)The program administration must submit an annual report from each service funded to include statistics on the number of persons requesting the service; the number of children and/or adults served; the type of service rendered; the characteristics of the persons served; and the number and types of referrals made to other community resources. No information contained in the report shall identify any persons served or enable any persons to determine the identity of such a person. In addition, the program administration will conduct a self evaluation study annually to determine program effectiveness.

(6)The program administration shall be in compliance with Titles “VI” and “VII” of the “Civil Rights Act of 1964”, Section 504 of the “Rehabilitation Act of 1973”, Title “IX” or the “Education Amendments of 1972”, and the “Age Discrimination in Employment Act of 1975”.

(7)The organization must have a governing board which meets regularly with the staff. Membership on the governing board should include individuals who reside in the community 0250-7-5 by the program, who represent the racial and ethnic make-up of the community, who have an understanding of the problem of child neglect and abuse, who have an interest in tile development and provision of services to potential victims and the victims of child neglect and abuse. Former clients or child abuse, neglect, of perpetrator programs may serve on the board.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-33-101 through 14-33-107; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule filed May 8, 1987; effective June 22, 1987. Rule assigned a new control number, removed and renumbered from 1240-7-5-.03 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-07-05-.04 PERSONNEL AND STAFF

(1)Personnel Policy. Tile governing body must adopt and implement written program personnel policies which are reviewed periodically. These policies, which apply to paid personnel only, must address:

(a)Nondiscrimination in regard to sex, race, religion, sexual preference, national origin, disability, age or marital status;

(b)Recruitment, selection, promotion, and termination;

(c)Benefits;

(d)Vacation, sick leave and annual leave accrual, compensatory time;

(e)Rules of conduct;

(f)Disciplinary actions;

(g)Grievances; and (h)Supervision.

(2)Written job descriptions for all program positions shall be available. These written descriptions shall include, but not be limited to:

(a)Job title;

(b)Tasks and responsibilities of the job;

(c)Required skills, knowledge, and experience;

(d)Salary range; and (e)Lines of authority.

(3)Staff Qualifications. All staff employed with a child abuse prevention program shall possess an understanding of the issues of child abuse and neglect. Further, such staff must meet the following minimum qualifications:

(a)Program director/coordinator. Bachelor level degree with a major in social work, psychology, Children’s Services, child and family studies, education, sociology, child life, nursing, or other behavioral sciences; or the equivalent of two (2) years of college level education in the behavioral sciences and four (4) years of paid employment in a related area.

(b)Consultants, administrative or supervisory staff. Bachelor level degree with a major in the appropriate area, generally the behavioral sciences; or, the equivalent of two (2) years of college level education and four (4) years of paid employment in a related area.

(c)Direct counseling staff. Bachelor level degree with a major in social work, psychology, Children’s Services, child and family studies education, sociology, child life, or other appropriate behavioral science.

(d)Other support staff. High school diploma or GED equivalency and two (2) years of appropriate volunteer or paid employment experiences.

(4)Wage and Hour Requirements. The program positions must be compensated in compliance with applicable federal and state laws, including the “Fair Labor Standards Act”.

(5)Orientation. The program must provide for a staff orientation which shall include:

(a)Insuring overall familiarization with the agency and program purpose, objectives, structure and policy; and (b)Specific exposure to and training in the duties of the position.

(6)Staff Development. The program must provide a written plan for staff development and training which shall include:

(a)Initial training for new staff;

(b)Ongoing training for personnel;

(c)Policy for leaves for conferences, classes or institutes; and (d)Regular staff meetings for discussion of program, policies, and method of practice.

(7)Volunteers. A child abuse prevention program must have written policy and a plan on the use of all volunteers which shall include:

(a)An application filed and individual screening;

(b)A full description of duties and rights, including confidentiality policy and practices;

(c)Provision for supervision;

(d)Provision of role appropriate orientation, initial training and ongoing training;

(e)Guidelines and policy for termination; and (f)Policies and procedures for contracting of volunteer services. This policy shall assure nondiscrimination in regard to sex, race, religion, sexual preference, national origin, disability, age or marital status, in the recruitment and selection of volunteers and in placement of assignment. Where possible, volunteers should be selected to reflect the racial and ethnic composition of the community.

History

• Authority: T.C.A. §§4-5-226(b)(2); 14-33-101 through 14-33-107; 37-5-101; 37-5-105; 37-5-106 and 37-5- 112(a).
• Administrative History: Original rule filed May 8, 1987; effective June 22, 1987. Rule assigned a new control number, removed and renumbered from 1240-7-5-.04 filed and effective March 25, 1999.

Chapter 0250-07-06 Community Services Agency Rules and Regulations

Tenn. Comp. R. & Regs. 0250-07-06-.01 GENERAL PROVISIONS

(1) The Community Services Agency Act of 1996, as amended by Public Chapters No. 249 and No. 354, Acts of 2005 and Public Chapter 1011 of 2006, established a mechanism to facilitate the provision of services for citizens in need of services in Tennessee through centralized agencies located throughout the state. The Community Services Agency (CSA) may contract with any other agencies to provide assistance wherever needed.

(2) This Act authorizes the Commissioner of the Department of Finance and Administration to establish metropolitan and multi-county regional CSAs. The Act also authorizes the Commissioner to promulgate rules and regulations, including those governing the approval of contracts for services, the conditions under which the CSAs must terminate contracts, and the items required in the CSA Plans of Operation. Additional responsibilities include:

(a) reviewing and approving, with the concurrence of the Comptroller of the Treasury, Plans of Operation submitted by the CSAs;

(b) entering into contracts, subject to applicable rules, regulations and procedures, to carry out the provisions of the Act;

(c) appointing an Executive Director for each CSA, subject to approval by the Board;

(d) requiring each CSA to submit annual reports of their activities on each preceding fiscal year;

(e) performing other acts necessary or convenient to exercise the powers granted or reasonably implied by this part.

(3) The mission of each CSA is to provide, to the maximum extent possible, coordination of funds or programs designated for care of the citizens in the state. The CSA may provide direct services with the approval of the Commissioner if it is determined that doing so would be the most effective way to provide services.

(a) Each CSA must submit a Plan of Operation for each fiscal year as specified in the Act and in accordance with items listed in these Rules and Regulations.

(b) As political subdivisions and instrumentalities of the state acting in all respects for the benefit of the people of the state in the performance of essential public functions, and whose employees are deemed “state employees” for purposes of T.C.A. §9-8-307, CSA employees are required to comply with established Finance and Administration policies, procedures, standards and legal advice in providing services to citizens pursuant to contracts with the State.

History

• Authority: T.C.A. §§4-5-202 and 37-5-307.
• Administrative History: Rule 1200-20-10 transferred to 0250-7-6 under the authority of T.C.A. §37-5-112. Transferred March 19, 2001. Repeal and new rule filed May 29, 2002; effective August 12, 2002. Amendment filed April 18, 2007; effective August 28, 2007.

Tenn. Comp. R. & Regs. 0250-07-06-.02 DEFINITIONS

The following definitions shall apply to terms as they appear in these rules, unless the context clearly requires otherwise.

(1) Administrative staff - Employees of the CSA who perform work of managerial, clerical or secretarial nature and whose duties and tasks support all agency programs.

(2) Board - The CSA appointed Board of Directors.

(3) Commissioner - The Commissioner of the Department of Finance and Administration or his or her designee.

(4) Commissioners - The Commissioner of Finance and Administration and the Comptroller of the Treasury.

(5) Department - The Tennessee Department of Finance and Administration.

(6) Executive Director - The chief executive officer of a CSA.

(7) Line Item - A specific item of expenditure included in the operational budget of a CSA, such as personnel services, travel, etc.

(8) Program Staff - Persons employed for the purpose of carrying out various duties related to a specific program defined in the Plan of Operation.

(9) Program - An Activity or service identified in the Plan of Operation and having its own funding source.

(10) Public Agency - Any political subdivision of this State; agency of the state government or the United States; and/or agency or political subdivision of another state.

(11) State - The geographical State of Tennessee (“state”) or the government of Tennessee (“State”).

History

• Authority: T.C.A. §§4-4-5-202 and 37-5-307.
• Administrative History: Rule 1200-20-10 transferred to 0250-7-6 under the authority of T.C.A. §37-5-112. Transferred March 19, 2001. Repeal and new rule filed May 29, 2002; effective August 12, 2002. Amendment filed April 18, 2007; effective August 28, 2007.

Tenn. Comp. R. & Regs. 0250-07-06-.03 PLANS OF OPERATION

The Plan of Operation, as approved by the Community Services Agency Board and evidenced by the signature of the Chairman of the Board, shall be submitted to the Commissioner for approval by the Commissioners at least 90 days prior to July 1 (the start of the State fiscal year). If the proposed Plan of Operation is not approved by the beginning of the new fiscal year, the previous year’s Plan of Operation may be extended by the Commissioner for a period not to exceed three months. If a Plan of Operation is not submitted prior to July 1, the Commissioner, in consultation with the Comptroller of the Treasury, shall employ appropriate action, (which may include the withholding of state funds and approval of the Plan of Operation).

Without an approved Plan of Operation, the Community Services Agency cannot obligate or expend any dollars from any source.

The Plan of Operation shall contain the following sections:

(1) Administration - The administration section shall include, but not be limited to, the following:

(a) Number of staff;

(b) Scope of administrative services;

(c) Total administrative budget;

(d) Source(s) and amounts of administrative funding;

(e) Administrative staff location.

(2) Services - The services section shall include, but not be limited to the following:

(a) Services Funded by State Government.

1. Name of program or service.

(i) Scope of activity and services provided;

(ii) Number of staff;

(iii) Total program budget;

(iv) Source(s) of funding;

(v) Location(s) of activity to be performed;

(vi) List of fees to be charged;

(vii) Methodology for determining fee;

(viii) Listing of each related contract stating name and total dollar amount.

(b) Other Services Not Funded by State Government.

1. Name of program or service.

(i) Scope of activity and services provided;

(ii) Number of staff;

(iii) Total program budget;

(iv) Source(s) of funding;

(v) Location(s) of activity to be performed;

(vi) List of fees to be charged;

(vii) Methodology for determining fee;

(viii) Listing of each related contract stating name and total dollar amount.

(3) Financial - The financial section describes the financial status and operation of the CSA.

(a) Operating budget (by program and total budget).

(b) Capital budget (for real property, automobiles, and other capitalized equipment).

1. Categorize by Real Property, Automobiles, or Other Capitalized Equipment*and complete the information, by category, as follows:

(i) Location and description of property, automobile, or equipment and purpose for which item(s) is to be used.

(ii) Funding program.

(iii) Cost.

(iv) Method of acquisition (purchase or lease). *Total annual purchases of capitalized equipment of less than $30,000 per category need not be listed in the Plan of Operation.

(c) Other: Insert any certification or other language required by federal agencies or the State of Tennessee.

History

• Authority: T.C.A. §§4-5-202, 4-5-203, 37-5-307, and 37-5-310.
• Administrative History: Rule 1200-20-10 transferred to 0250-7-6 under the authority of T.C.A. §37-5-112. Transferred March 19, 2001. Repeal and new rule filed May 29, 2002; effective August 12, 2002. Amendment filed April 18, 2007; effective August 28, 2007.

Tenn. Comp. R. & Regs. 0250-07-06-.04 WAIVERS TO PLAN OF OPERATION

(1) The Commissioners may waive any of the requirements of the Plan of Operation where such waiver would be of advantage to the public welfare and would not otherwise have a detrimental effect on the health, safety and welfare of the public.

History

• Authority: T.C.A. §§4-5-202 and 37-5-307.
• Administrative History: Rule 1200 -20-10 transferred to 0250-7-6 under the authority of T.C.A. §37 -5-112. Transferred March 19, 2001. Repeal and new rule filed May 29, 2002; effective August 12, 2002. Amendment filed April 18, 2007; effective August 28, 2007.

Tenn. Comp. R. & Regs. 0250-07-06-.05 ADMINISTRATIVE AND FINANCIAL

(1) Policies and Procedures (a) The CSA shall adopt policies and procedures governing internal operations. These internal policies and procedures shall require all books and records be maintained in accordance with generally accepted accounting principles, and be no less than those recommended in the Accounting Manual for Recipients of Grant Funds in Tennessee, published by the Comptroller of the Treasury. These internal policies and procedures shall be approved by the Board and Commissioner.

(b) The CSA shall adopt internal policies and procedures governing personnel matters which shall be approved by the Board and the Commissioner.

(c) The CSA shall adopt internal policies and procedures governing the conduct of the CSA Board’s business which shall be approved by the Board and the Commissioner.

(2) Purchasing and disposition procedures. The purchase of programmatic or general operational goods, materials, supplies, and the purchase of utility services, janitorial services, postal services, repair services, or other general services shall comply with applicable state or federal guidelines. The Board of the Community Services Agency shall develop purchasing and disposition procedures as a component of CSA policy. The Executive Director may negotiate and execute all agreements, contracts or similar transactions related to such purchases in accord with the Board’s approved policies and the approved Plan of Operation. Contracts related to this category of purchases are not required to be identified or listed in the Agency’s Plan of Operation.

(3) Contracting for programmatic services procedures. This specifically and exclusively includes personal, professional and consultant services purchased on behalf of the CSA’s clients. The Community Services Agency Board shall adopt specific policies and procedures for the purchase of programmatic services and shall submit such policies to the Commissioner for approval. These policies shall include a mechanism ensuring competitive procurement whenever possible, even where no formal contract is required, and may be amended from time to time with approval of the Commissioner. These policies shall incorporate, at a minimum, the following criteria:

(a) Purchases of services where the individual purchase is less than $5,000 and where the anticipated aggregate annual purchase of like services from the same vendor is less than $25,000 do not require written contracts and are not required to be listed in the Plan of Operation.

(b) Purchases of services where the individual purchase is greater than $5,000 or where the anticipated aggregate annual purchase of like services from the same vendor is greater than $25,000 require a purchase of service agreement and must be listed in the Plan of Operation.

(c) Purchase of services where the anticipated annual purchase of the same type of service from a single vendor is greater than $50,000 shall require a Request for Proposal (RFP) or a public announcement of funds.

(4) Contracts for the acquisition and improvement of real property. These shall be pursuant to the provision of Tennessee Code Annotated Sections 37-5-306(2) and (3) and 4-15-102 and require approval from the Commissioner and the State Building Commission.

( 5 ) Contracts approval. All contracts must be approved by the Board and evidenced by the minutes of the Board’s meeting where such approval was granted. The Executive Director may sign all documents related to contracts that have the CSA Board’s prior approval and that are included in the approved Plan of Operation.

(6) Contract language. The Community Services Agency shall use model contract language in a format approved by the Commissioner.

( 7 ) Reimbursement for travel expenses. Reimbursement for travel expenses by Board members and employees of a Community Services Agency shall be made in accordance with rates established by the Commissioner of the Department of Finance and Administration.

(8) Annual Report. The Board of Directors shall submit, to the Commissioner and the Governor an annual report on each fiscal year’s service activities and financial transactions within one hundred twenty (120) days of the ending date of such fiscal year.

History

• Authority: T.C.A. §§4-5-202 and 37-5-307.
• Administrative History: Rule 1200 -20-10 transferred to 0250-7-6 under the authority of T.C.A. §37 -5-112. Transferred March 19, 2001. Repeal and new rule filed May 29, 2002; effective August 12, 2002. Amendment filed April 18, 2007; effective August 28, 2007.

Tenn. Comp. R. & Regs. 0250-07-06-.06 REPEALED

History

• Authority: T.C.A. §§37-5-112 and 37-5-307.
• Administrative History: Rule 1200-20-10 transferred to 0250-7-6 under the authority of T.C.A. §37-5-112. Transferred March 19, 2001. Repeal filed May 29, 2002; effective August 12, 2002.

Chapter 0250-07-07 Access to Adoption Records Finalized Prior to 1951 and Access to Records Maintained by The Tennessee Children's Home Society

Tenn. Comp. R. & Regs. 0250-07-07-.01 PURPOSE OF CHAPTER

(1)The purpose of this chapter is to provide, in compliance with Section 1, §36-1-127 of House Bill 406 (1995), procedures for access to records and other papers relating to adoptions of certain persons, whose records, whether sealed, whether in any court record, or whether in any post-adoption record, were finalized prior to March 16, 1951, or to certain persons whose records were maintained at anytime, before or after March 16, 1951, by the Tennessee Children’s Home Society.

History

• Authority: T.C.A. §§4-5-202, 4-5-226(b)(2), 36-1-101 et seq., 36-1-102, 36-1-127, 36-141(a) and (d), 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), and Public Acts of 1995; Chapter 532; House Bill 406.
• Administrative History: Original rule filed September 29, 1993; effective December 13, 1993. Repeal and new rule filed December 14, 1995; effective February 26, 1996. Rule assigned a new control number, removed and renumbered from 1240-7-7-.01 filed and effective March 25, 1999.

Tenn. Comp. R. & Regs. 0250-07-07-.02 DEFINITIONS FOR PURPOSES OF THIS CHAPTER

(1)Adopted Person- A person with respect to whom any adoption record, sealed record, sealed adoption record, or post-adoption record is maintained by the court, by the Department, or by any other information source whether or not an adoption petition was ever filed, was finalized, was dismissed or was otherwise never completed.

(2)Adoptee- A person who is adopted or placed for adoption under Chapter 1, Title 1, Chapter 36 of the Tennessee Code Annotated or pursuant to the laws of any State, Territory or foreign country.

(3)Adoption- The social and legal process of establishing by court order the legal relationship of parent and child other than by paternity or legitimization proceedings or by voluntary acknowledgment of paternity.

It shall include, for purposes of this Chapter, the social and legal process leading to, or the social and legal process made in an effort to establish, the legal relationship or parent and child established or sought to be established, other than by paternity or legitimization proceedings by court order, prior to March 16, 1951, or the social and legal process of placement or preparation for placement of children for adoption, or which involved children who were subject to placement as a result of the activities of the Tennessee Children’s Home Society at anytime.

(4)Adoption record- The records, reports, and papers, including those of termination of parental rights or adoption proceeding, maintained about an adopted person: by the clerk or judge of the court where the adoption petition is filed, where a surrender or revocation of a surrender is filed, or by the state, district or county offices of the Department, or by a licensed or chartered child-placing agency, or by any other information source and which record contains all social, medical, legal or other information concerning a person who has been placed for adoption or for an adopted person, and which existed prior to its becoming a sealed record or a sealed adoption record; provided, however, that the adoption record shall not include any home study or preliminary home study or any information obtained by the Department, a licensed child-placing agency, a licensed clinical social worker, or an attorney in connection with a HOME SOCIETY home study or adoption proceeding other that that which is expressly included in a report to the court by such persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to T.C.A. §36-1-138. This record is confidential and is not subject to disclosure except as provided in this chapter.

(5)Adoptive parent(s)- The person(s) who have been made the legal parent(s) of a child by the entry of an order of adoption under the provisions of the law of the State of Tennessee prior to March 16, 1951 or who became the legal parent(s) by entry of an order of adoption as a result of the placement for adoption or the process of placement of children for adoption by any branch of the Tennessee Children’s Home Society.

(6)Agency care- The care of a child by any licensed or chartered child-placing or other child-placing agency by means of foster care or by the provision of care to a child in facilities or homes operated by employees or contractors or volunteers of such agency.

(7)Alleged parent- A person who was named or described in the sealed record or the sealed adoption record as parent of the adopted person, but who does not otherwise meet the definition of biological parent pursuant to these rules.

(8)Biological Parent(s)-Based on a birth certificate, a court order, an unqualified surrender of parental rights, or based on an unqualified acknowledgment of parenthood, or any other document contained in the sealed record or the sealed adoption records the person(s) identified as the birth parent(s) who genetically conceived the adopted person. The information in the sealed records, adoptions records, and sealed adoption records must be consistent as to the identity of the biological parent.

(9)Court- The chancery, circuit, or former county courts, or other courts in Tennessee which have or may have possessed adoption jurisdiction at anytime.

(10)Child- placing agency-Any agency, whether licensed or chartered by the State of Tennessee, which engages or, at anytime, had engaged in the placement of children for adoption or as a prelude to the placement of a child for adoption through agency care.

(11)Crisis Pregnancy Counseling - Any counseling provided by the Department, a licensed child-placing agency or licensed clinical social worker related to the pregnancy, planning and decisions for the expected child by his/her mother.

(12)Department- The Tennessee Department of Children’s Services or any of its divisions or units.

(13)Department of General Services- The state executive branch agency which maintains the State’s records management center and in which the sealed records or adoption records are stored.

(14)Department of Health- The state executive branch agency which administers the Division of Vital Statistics, which Division maintains records of births.

(15)Eligible Person- A person who is verified by the Department as being in the class of individuals who is permitted by T.C.A. §§ 36-1 -101 et seq. and this Chapter to receive access to records.

(a)An adoption for an adopted person which was finalized as defined in paragraph (18); or (b)An adopted person whose records were maintained by, the Tennessee Children’s Home Society, whether the adoption of the person placed by such agency was finalized, or was dismissed or was otherwise not completed before or after March 16, 1951 and whether or not the record of the HOME SOCIETY person was maintained by the Tennessee Children’s Home Society at anytime before or after March 16, 1951; and (c)Whose sealed records, sealed adoption records, or post adoption records are maintained in the office of the Clerk of the adoption court, in the offices of the Department of Health, in the office of any child-placing agency, in the state, district, or county offices of the Department, or in any other information source, and who, by written request, seeks access to his or her records and who is verified by the Department as otherwise meeting the requirements as an eligible person to have access to the records pursuant to House Bill 406 (1995).

(16)Family Unit-A group of two or more persons residing together who are related by blood, marriage, of adoption. A person whose work, study, treatment or care results in only temporary, periodic, or otherwise time-limited absence from the family unit shall be deemed to be a member of the family unit to which he or she usually returns to reside at the end of such absences. Any person who receives 50% or more or his or her support, in cash or in-kind, from persons to whom he or she is related by blood, marriage or adoption shall, for purposes of income and resource determination, also be deemed to be a member of the family unit which contributes the greatest percentage of such support.

(17)Finalized adoptions- For purposes of this Chapter, this term shall include:

(a)Any adoptions which were completed by the entry of an order of adoption, or which adoptions were dismissed, or were otherwise never completed due to abandonment of any further necessary activity related to the completion of the adoption, and for which records and papers of an adoption proceedings existed prior to March 16, 1951, and which records became sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or (b)Any adoptions which, before the passage of House Bill 406 (1995), have been previously treated as, or are now determined by the Department or any other information source to be, cases of adoptions completed by the entry of an order of adoption or by order of dismissal or as otherwise never completed due to the abandonment of any further necessary activity related to the completion of the adoption prior to March 16, 1951, and for which records and papers of such adoption exists prior to March 16, 1951, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951.

(c)Any appeals of adoptions occurring subsequent to March 16, 1951 shall not be deemed to be a completion of the adoption and any placement which occurred prior to March 16, 1951 and which resulted in the completion or abandonment of all necessary activity after such date shall not, for purposes of this Chapter, be deemed to be finalized prior to March 16, 1951;

(18)Home study- The product of a preparation process in which individuals or families are assessed by themselves and the Department or licensed child-placing agency, or a licensed clinical social worker as to their suitability for adoption and their desires with regard to the child they wish to adopt. The home study shall conform to the requirements set forth in the rules of the Department and becomes a written document which is used in the decision to approve or deny a particular home for adoptive placement.

(19)Information Sources- The courts, agencies, or entities which maintain or had maintained information directly related to the adoption, the placement, or potential placement for adoption or a person, including information related to tile agency care or foster care utilized by the Tennessee Children’s Home Society.

(20)Legal parent:

HOME SOCIETY

(a)The biological mother of a child;

(b)A man who is or has been married to the biological mother of the child if the child was born during the marriage or within 300 days after the marriage was terminated for any reason, or if the child was born after a decree of separation was entered by a court, (c)A man who attempted to marry the biological mother or the child before the child’s birth by a marriage apparently in compliance with the law, even if the marriage is declared invalid, if the child was born during the attempted marriage or within 300 days after the termination of the attempted marriage for any reason;

(d)A man who has been adjudicated to be the legal father of the child by any court or administrative body of this State or any other state or territory or foreign country or who has signed, pursuant to T.C.A. §§ 24-1-118, 68-3-203(g), 68-3-302 and 68-3-305(b), an unrevoked surrender and sworn acknowledgment of paternity under the provisions of Tennessee law, or who has signed a sworn acknowledgment pursuant to the law of any other state, territory, or foreign country; or (e)An adoptive parent of a child or adult.

(21)Legal Representative:

(a)The conservator, guardian, legal custodian, or other person or entity with legal authority to make decisions for an individual with a disability, or an attorney-in-fact, an attorney-at-law representing a person for purposes of obtaining information pursuant to this part, or the legally appointed administrator, executor, or other legally appointed representative of a person’s estate, or (b)Any person acting under any durable power of attorney for health care purposes or any person appointed to represent a person and acting pursuant to a living will.

(c)For purposes of this definition, “disability” means that the individual is a minor pursuant to any state, territorial, or federal law, or the law of any foreign country or that the individual has been determined by any such law to be in need of a person or entity to care for the individual due to that individual’s physical or mental incapacity or infirmity. Such a person shall exhibit to the Department’s satisfaction such authority:

(d)Authority to act on behalf of an individual shall be presented to the Department by way of certified copies of orders or powers, or signed statements authorizing representation by attorneys at law.

(22)Licensed or chartered child-placing agency- Any agency operating under a license to place children for adoption issued by the Department, or by a charter from the State of Tennessee prior to March 16, 1951.

(23)Lineal descendant- A person who descended directly from another person who is the biological or adoptive ancestor of such person, such as the daughter of her mother or granddaughter of her grandmother.

(24)Parents Means any biological, legal, adoptive parent, or for purposes of T.C.A.. §36-1-127, stepparents. “Step parent” shall mean the current husband or wife of the adopted person’s biological or adoptive parent.

(25)Placement- For purposes of this Chapter, placement shall include any form of agency care or foster care utilized by the Tennessee Children’s Home.

HOME SOCIETY

(26)Post Adoption- The unit in the state office of the Department responsible for maintaining post adoption records and search requests and for reviewing and opening or approving the opening of adoption records, sealed records, sealed adoption records, or post adoption records pursuant to Title 36, Chapter 1, Part I of the Tennessee Code Annotated.

(27)Post Adoption Records- The record maintained by the Department or a licensed or chartered childplacing agency, separately from the sealed record or sealed adoption record, containing information about adopted persons or the legal or biological relatives subsequent to the completion of an adoption proceeding and which may contain information concerning, but not limited to, the written inquiries from persons requesting access to records, the search efforts of the Department, the response to those search efforts by those persons sought, information which has been requested to be transmitted from or on behalf of any persons entitled to access, any updated medical information and any personal identifying information concerning any persons. This term shall also include the “limited record” as described in § 36-1-126(b). The information in the post-adoption record is confidential and will not be disclosed by the Department or the licensed child-placing agency or a court except as specifically permitted in this chapter, or as may be deemed necessary by the Department in performing its duties under this chapter.

(28)Record- Any paper, report, document, or photograph, or other medium of preservation of information.

For purposes of this Chapter, a record which may be available to an eligible person shall not include the remaining names of other persons on a -list, log, or roll maintained by the Department or any other entity who are not, as determined by the Department, a part or the eligible person’s request for service.

(29)Resources- For purposes of these rules, resources shall include only the following assets of the requesting person or any member of his or her family unit:

(a)Cash;

(b)Accounts in financial institutions, certificates of deposits, or any other evidence of financial assets;

(c)Stocks;

(d)Bonds;

(e)Securities;

(f)Cash value or life insurance policies;

(g)Notes receivable;

(h)The equity value of any real property which is not the primary home, farm, or business operation of the family unit:

(i)The equity value of any vehicles owned by the adopted person, his or her siblings, or lineal descendants, or members of the family unit in excess of one vehicle per member of the family unit;

(j)The equity value of personal property or the family unit, in addition to subparagraphs (a)-(g) which exceeds $ 10,000; and HOME SOCIETY (k)All assets which are shown to be pledged as security for loans or mortgages shall be excluded from countable resources.

(30)Scaled adoption records- The adoption record which had been prepared or compiled by the clerk or Judge of the court where the adoption petition was filed, by the Department, or a licensed child-placing agency, concerning an adopted person or a person placed for adoption as the record exists subsequent to the entry of an order of adoption or subsequent to the entry of an order of dismissal of the adoption petition. Such record and the information therein shall be confidential and shall be opened only as provided in this part. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to T.C.A. § 36-1-138.

(31)Sealed or closed record- The record of an adoption finalized prior to March 16, 1951 as defined in paragraph (18), or which record was maintained at anytime by the Tennessee Children’s Home Society, and which records are now maintained by the court, the Department or any of its offices, the Department of Health, or which is maintained by any other information source, and which records have been maintained in a manner which, prior to the passage of House Bill 406 (1995), has prohibited access to the record by any eligible person. This term shall also include any record which has been created by the Department to maintain any records of an adoption finalized prior to March 16, 1951 as defined in paragraph (18) or which has been created by die Department to maintain any records from the Tennessee Children’s Home Society and which have, prior to the passage of House Bill 406 (1995), been maintained in a manner which has prohibited access to the record by any eligible person.

(32)Sibling -Anyone having a sibling relationship.

(33)Sibling relationship- The biological or legal relationship between persons who have a common biological or legal parent.

(34)Unit of Service- As used in this Chapter, a unit of service shall consist of the process required to open each record necessary to fulfill the request for search services. A unit of service shall also include the search for records not held by the Department for each person for whom the request is made. The fee for service charged pursuant to Section 0250-7-7-.04 shall be applied to each unit of service as stated in

Section .04.

(35)Verification- The process of determining the correct identity and relationship of a person who seeks to obtain access to any adoption records, sealed records, sealed adoption records, or post adoption records and shall include any information contained in paragraph 37, and may include any other information satisfactory to the Department necessary to determine the person’s status as an eligible person.

(36)Written request- An inquiry made in writing by a potentially eligible person or their legal representative seeking access to the records of an adopted person. Such request must be by letter with the original signature of the person making the request and shall include the following:

(a)Name, date of birth, address and telephone number of the person requesting service;

(b)Information, including legal documents or affidavits which establishes the person’s legal relationship to a person involved in the adoption (adopted person 21 years of age or older, birth/adoptive/legal parent of the adopted person, siblings, lineal descendants, or lineal ancestors of the adopted person or legal representative of the requesting party), or which otherwise establishes the person’s right to request access.

(c)Any other information the Department requires to establish the person’s identity;

HOME SOCIETY

(d)If the information in the written request does not establish the person’s right to have access to the records, the Department will search the sealed adoption records and post adoption records, including those of other alleged siblings, if available, for information which may establish the person’s right to have such access as an eligible person.

History

• Authority: T.C.A. §§4-5-202, 4-5-226(b)(2), 36-1-101 et seq., 36-1-102, 36-1-127, 36-1-141(a) and (d), 37-5- 101, 37-5-105, 37-5-106, 37-5-112(a), and Public Acts of 1995, Chapter 532, House Bill 406.
• Administrative History: Original rule filed September 29, 1993; effective December 13, 1993. Repeal and new rule filed December 14, 1995; effective February 26, 1996. Rule assigned a new control number, removed and renumbered from 1240-7-7-.02 filed and effective March 25, 1999. Amendment filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-07-.03 PROCEDURES FOR ACCESS TO RECORDS

(1)Access to sealed records, sealed adoption records, or post-adoption records shall be granted by the Department to an eligible person as provided pursuant to this Chapter when such person’s identity has been verified and such records exist. A person seeking access to sealed records, scaled adoption records, or post-adoption records as an eligible person pursuant o this Chapter shall file a written request with the Department’s post-adoptions unit in care of:

Tennessee Department of Children’s Services Post Adoption Services 436 6 th Avenue North Nashville, TN 37243-1290 (2)Requests for searches will be processed on a first come, first serve basis in the order of receipt and after all other pending search requests Filed oil or before June 30, 1995 under prior Departmental procedures pursuant to T.C.A. § 36-1-139-14 1 as those code sections existed on that date, unless the Department, in its sole discretion, determines that life threatening or medically terminal circumstances involving the requesting party warrant taking a particular request out of order, which reason shall be noted in the post adoption record.

(3)No search for or authorization for access to records shall be processed or copies of records provided until the fees required by 0250-7-7-.04 have been paid or a fee waiver determination required by 0250- 7-7-.04 has been completed unless the Department shall determine, in its sole discretion, that access should be provided prior to payment of the fee or the fee waiver determination because of a life threatening medical emergency affecting the health, safety, or welfare of any person(s) or because of a medically terminal circumstance involving the requesting party.

(4)(a)When a preliminary determination of eligibility indicates that die adoption was finalized on or after March 16, 1951 and/or a record was not maintained by Tennessee Children’s Home Society, the Department will notify the requesting party.

(b)Notification will include an explanation of the Department’s preliminary findings, an explanation of available services and (he fee for the opening or the scaled record or the sealed adoption record to further verify eligibility.

(5)Any courts, licensed or chartered child-placing agencies or information sources who are requested by any person who may be eligible for access to records pursuant to this Chapter to release information from any closed records related to the person’s adoption or which were maintained by the Tennessee Children’s Home Society must receive authorization for release of information from the post adoptions unit of the Department; provided this shall not be construed to preclude the opening of such records by court order as provided by law.

HOME SOCIETY

(6)The post adoption unit staff will review all records prior to their release to the adopted person or other eligible persons to determine eligibility of the person requesting to have access to the record and to verify the individual’s identity and relationship to the adopted person.

(7)(a)When review of the record reveals that information in the records pertains to other individuals not a party to the adoption or placement or, or maintenance of a record about, an adopted person, or other eligible persons requesting the records, and the review demonstrates to the Department that the record has apparently been misfiled, that information will be reviewed by the Director of Adoptions and such information will be removed and filed in the correct sealed record, sealed adoption record or post-adoption record or in a new sealed record created for the holding of such information.

(b)Home studies pertaining to foster and/or adoptive parents will be removed from the sealed or sealed adoption records prior to the review and/or copying of the record for the eligible person.

(c)Information relating to the counseling of a biological mother regarding crisis pregnancy counseling will be removed from the scaled record or scaled adoption records prior to the review and/or copying of the record for the eligible person.

(8)(a)Records may be opened by the Department to determine relationship of the adopted person and other eligible persons requesting access to tile records.

(b)Proof of relationship may be shown by any satisfactory evidence to the Department.

(c)If relationship, verification or identity, or other facts necessary to permit access to the records cannot be determined from any information made available to the Department or if other circumstances pursuant to these rules, including denial or a fee waiver, require, then the person requesting access shall be notified by the Department that access to the records has been denied, the person shall be notified or the basis of denial or access in writing and person may request a fair hearing pursuant to the Department’s rules.

(9)Distribution of photographs (a)Any photographs contained in the sealed records of an adoption finalized prior to March 16, 1951 or which exist in any sealed records from the Tennessee Children’s Home Society shall be given to the adopted person who requests access to the record. Photocopies of such pictures shall be made for the sealed record or sealed adoption record and a notation will be made in the sealed record, the sealed adoption record, and in the post-adoption record stating to whom the photographs were given and the date such original photographs were removed from the sealed adoption record.

(b)In the event the adopted person is deceased, the original photographs will be given to the lineal descendant who first requests the record following the adoptee’s death and photocopies of the photographs will be made and preserved as stated in subparagraph (a) above.

(10)Procedure when no sealed record or sealed adoption record exists under the supervision of the Department.

(a)When no sealed record or sealed adoption record is on file with the Department, the person making the request for access to a record in any information source must identify the Tennessee court believed to have granted the adoption or which had jurisdiction of the adopted person’s HOME SOCIETY adoption proceeding and/or the Tennessee licensed or chartered child-placing agency which had made the placement of the adopted person or which had maintained the person’s record.

(b)If the Tennessee agency is no longer in existence the Department will not conduct a search for the record of that agency, unless information is provided to the Department which will enable the Department to locate the record.

(c)When a request for service is received and the Department has no sealed record or sealed adoption record, the person requesting the service will be notified. This notification will explain the services available to search for a record, any additional information which may be needed for the search, and the fee for the service.

(11)Those persons who, according to the post-adoption file, have received a copy of their sealed record or sealed adoption record by court order, but have not had access to the post-adoption record and/or wish to receive a letter of authorization for information from any other information sources, will be notified of the services available and the procedures necessary to access the record, and the fee for such service.

For those eligible persons who have received all records, including sealed records, sealed adoption records, and post-adoption records and who are only requesting a letter of authorization, such letter of authorization will be provided to such persons. No authorization for a release of information from any other information sources will be provided by the Department until the fee for service has been received or the fee waiver request has been granted or the fee waived as otherwise provided herein.

(12)All courts and agencies which are discovered not to have sent to the Department information which should be apart of the sealed record or the sealed adoption record after March 16, 1951 and prior to the effective date of these rules will be asked to send such information within sixty (60) days of the request for such documents.

(13)When all records have been reviewed by the eligible person and any copies made, the record will be returned to the information source; provided, however, the Department will make copies, if necessary, of all records which are not maintained by the Department or the Department of General Services, for future reference. The Department will establish a sealed record or a sealed adoption record to maintain the information it receives as a result of such circumstance.

(14)Additional requests for access by a particular person will only be processed every six (6) months unless, in the Department’s sole determination, satisfactory evidence is provided that warrants further processing of a request for access to records.

History

• Authority: T.C.A. §§4-5-202, 4-5-226(b)(2), 36-1-101 et seq., 36-1-102, 36-1-127, 36-1-141(a) and (d), 37-5- 101, 37-5-105, 37-5-106, 37-5-112(a), and Public Acts of 1995, Chapter 532, House Bill 406.
• Administrative History: Original rule filed December 14, 1995; effective February 26, 1996. Rule assigned a new control number, removed and renumbered from 1240-7-7-.03 filed and effective March 25, 1999. Amendment filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-07-.04 FEES AND CHARGES FOR ADOPTION RECORD INFORMATION

(1)The fee for processing an initial written request for records pursuant to this Chapter shall be $150.00; provided, however, that a request to open other records related to the initial request shall incur an additional fee or $50.00 for each additional record requested in order to defray the additional administrative costs associated with the verification and review of the record necessary to confirm eligibility. A fee of $50.00 will be charged for providing access to a post-adoption record which is requested and which, prior to the date of these rules, has not been provided by court order or which has not been previously requested in the initial request as stated above. When the eligible person has had access to or has in their possession a copy of the sealed record, sealed adoption records, or post- HOME SOCIETY adoption records file and is requesting only a letter of authorization to use in obtaining other records from other information sources, the fee for such letter will be $50.00. After the initial request for service has been made, any subsequent service request will incur a fee of $50.00.

(2)A fee of .25 cents per page will be charged for the costs of copying any records requested.

(3)The person(s) requesting access will be assessed a fee sufficient to cover the costs of shipping or copying any records from information sources for review by the Department.

(4)Fee Waiver (a)Fee waiver determinations will be made only upon request of the individual after notice by the Department of the fee required following receipt of the person’s written request.

(b)No fee will be charged to any person who receives Temporary Assistance for Needy Families (TANF) or any other means-tested cash assistance program which may replace TAN F, or Food Stamps or any other means-tested food assistance program which may replace the Food Stamp Program, or if the person currently receives Medicaid or TennCare which is based upon a means test which places the person below Federal Poverty Guidelines as published in the Federal Register, or if the person receives any other means-tested medical assistance program which is based upon a means test which places the person below Federal Poverty Guidelines as published in the Federal Register, or if the person currently receives Supplemental Security Income (SSI) under Title “XVI” of the “Social Security Act”.

(c)The person requesting the fee waiver will be required to provide written verification of current eligibility for any of the above designated programs from the administering agency.

(d)If the person cannot show such verification of eligibility under the above programs, the person requesting the fee waiver will be required to complete a sworn declaration of the source and amount of income and resources on a form provided by the Department. If the person’s family unit’s income, based upon its size, does not exceed the current threshold in the Federal Register and if the family unit’s non-exempt resources do not exceed $ 1,000, the fee for search will be waived.

(5)Payments for records searches shall be made to the Department of Children Services, Adoption Services, 436 6 th Avenue North, Nashville, Tennessee 37243-1290. Payments by mail may be made by personal check, cashier’s check, or money order payable to the Department of Children Services at this address.

Cash will be accepted only when hand-delivered to the Adoption Services section at this address.

(6)All fees or other charges shall be deposited with the State Treasurer in accordance with the provisions of T.C.A. §9-4-301.

(7)Fees for service will be charged for each service requested on behalf of, or by each individual who requests service.

History

• Authority: T.C.A. §§4-5-202, 4-5-226(b)(2), 36-1-101 et seq., 36-1-102, 36-1-127, 36-1-141(a) and (d), 37-5- 101, 37-5-105, 37-5-106, 37-5-112(a), and Public Acts of 1995, Chapter 532, House Bill 406.
• Administrative History: Original rule filed December 14, 1995; effective February 26, 1996. Rule assigned a new control number, removed and renumbered from 1240-7-7-.04 filed and effective March 25, 1999. Amendment filed September 7, 2001; effective November 21, 2001.

Chapter 0250-07-08 Repealed

Tenn. Comp. R. & Regs. 0250-07-08-.01 REPEALED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), and 71-1-105; 42 U.S.C. 671(a)(14); and 45 C.F.R. 1356.2101(h).
• Administrative History: Original rule filed December 17, 1982; effective January 17, 1983. Amendment filed October 14, 1983; effective January 16, 1984. Amendment filed November 30, 1984; effective February 12, 1985. Amendment filed November 21, 1985; effective February 12, 1986. Amendment filed May 8, 1987; effective August 29, 1987. Amendment filed February 26, 1988; effective May 29, 1988. Amendment filed March 22, 1989; effective June 28, 1989. Amendment filed May 23, 1990; effective August 29, 1990. Amendment filed May 1, 1991; effective August 28, 1991. Amendment filed June 2, 1992; effective September 28, 1992. Amendment filed September 10, 1993; effective January 28, 1994. Rule assigned a new control number, removed, and renumbered from 1240- 07-08-.01 filed and effective March 25, 1999. Repeal filed May 16, 2024; effective August 14, 2024.

Chapter 0250-07-09 Classification and Review of Reports of Child Abuse/Neglect and Due Process Procedures for Release of Child Abuse/Neglect Records

Tenn. Comp. R. & Regs. 0250-07-09-.01 DEFINITIONS

(1) “Abuse” exists when a child victim is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability or physical or mental condition caused by brutality, neglect or other actions or inactions of a parent, relative, guardian or caregiver.

(2) “Adult” means any person eighteen (18) years of age or older.

(3) “Child victim” means a person under the age of eighteen (18) years of age or a delinquent youth in the Department’s custody under the age of nineteen (19).

(4) “Child sexual abuse” shall have the same meaning as set out in T.C.A. § 37-1-602(a) (2016 and as amended).

(5) “Commissioner’s designee” means the person designated by the Commissioner of the Tennessee Department of Children’s Services to act pursuant to this rule.

(6) “Covered Educational Entities” means the Department of Education, any local board of education, and any Local Educational Agency (LEA).

(7) “Covered Individual” means any individual who is currently employed by or conditionally offered employment with one of the Covered Educational Entities.

(8) “Department” means the Tennessee Department of Children’s Services.

(9) “Minor Perpetrator” means a perpetrator of any form of child abuse or neglect who was under the age of eighteen (18) at the time of substantiation and case closure. A minor perpetrator will follow all procedures for perpetrator throughout these Rules unless otherwise specifically noted.

(10) “Neglect” means the actions or omissions of a parent, rel ative, guardian, or caregiver which subject a child victim to actual or threatened harm, including, but not limited to, conduct which leads to a child suffering from any of the conditions listed in the definition of “dependent and neglected child” set out at T.C.A. § 37-1-102(b)(13) (2016 and as amended).

RELEASE OF CHILD ABUSE/NEGLECT RECORDS

(11) “Record” includes files, reports, records, communications and working papers related to investigations or providing services, video tapes, photographs, or electronic mails.

(12) “Severe child abuse” shall have the same meaning as set out in T.C.A. § 37-1-102 (2016 and as amended).

(13) “Substantiated” means the classification assigned to an individual determined to be a perpetrator of abuse, severe child abuse, child sexual abuse, or neglect. The term substantiated also encompasses synonymous terms set out in rules, policy, and statute, including, but not limited to, “indicated”, “founded”, or other terms signifying the individual was determined to be the perpetrator of child abuse or neglect.

(14) “Unsubstantiated” means the classification assigned to an individual who is not determined to be a perpetrator of abuse, severe child abuse, child sexual abuse or neglect. The term unsubstantiated encompasses synonymous terms set out in rules, policy, and statute, including, but not limited to, “unfounded” or other terms signifying the individual has not been determined to be the perpetrator of child abuse or neglect.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.02 SCOPE OF RULES

(1) These Rules establish procedures to review substantiated cases and to release the identity and other related information of a perpetrator in substantiated reports of any form of abuse or neglect.

(2) A release pursuant to these Rules shall be for purposes of protecting children from any form of child abuse or neglect and for purposes directly connected with the administration of T.C.A. §§ 37-1-401 et seq., 37-1-601 et seq., 49-1-1101 et seq., and 71-3-501 et seq.

(3) These Rules shall not apply when the Department intends to release or has released records or information related to child abuse or neglect to any of the following:

(a) Any state or federal law enforcement agency investigating a report of known or suspected child abuse or neglect or any crimes involving children;

(b) Any state District Attorney, Attorney General, or United States Attorney or their authorized assistant involved in investigating or prosecuting crimes against children;

(c) Any state or federal grand jury by subpoena or presentation of evidence by the District Attorney or United States Attorney to such grand jury;

(d) Treatment professionals treating the child, his or her family, or the perpetrator;

(e) Department employees for purposes consistent with enforcement of the child abuse and neglect or child welfare licensing laws, including disclosure to other individuals for authorized purposes;

RELEASE OF CHILD ABUSE/NEGLECT RECORDS

(f) Any state or federal social service or other agency investigating cases of child abuse or neglect or providing treatment or care for alleged or known victims of child abuse or neglect;

(g) Any court official, probation counselor, parole officer, designated employee of any Department of Correction or other similarly situated individual charged with preparing information to be presented in any administrative or judicial proceeding concerning any individual charged with or convicted of any offense involving child abuse, child sexual abuse, or neglect;

(h) The court, administrative board or hearing, the officials or employees thereof in the performance of their duties, the parties, or their legal representatives in any judicial or administrative proceeding or before any board or hearing officer for the purpose of protecting a child or children from any form of abuse or neglect, except when such court, administrative hearing, board, or hearing officer, other than the Department, is adjudicating a case affecting the perpetrator’s ability to remain or become employed or licensed, in which situation such information shall be released only by order of the court or hearing officer;

(i) The Department of Education and the Department of Human Services pursuant to T.C.A. §§ 37-5-512(a)(2) and (3) (2016 and as amended) regarding an individual who is the subject of an ongoing or completed investigation;

(j) A foster care agency contractor to determine if an individual is a suitable placement for a DCS custodial child;

(k) The Department of Intellectual and Developmental Disabilities, the Department of Mental Health and Substance Abuse Services, or any other department of state government with whom the Department has developed an appropriate Memorandum of Understanding;

(l) An agency for the purposes of complying with the Department’s employee and contractor background check policies;

(m) An adoption and child placing agency for the purpose of complying with Hague Accreditation Standards;

(n) An out-of-state entity for the purpose of complying with Adam Walsh Child Protection and Safety Act or other applicable federal or state law;

(o) An out-of-state entity for the purpose of determining whether a placement is suitable for a child pursuant to the Interstate Compact for the Placement of Children;

(p) An agency for the purposes of determining whether a kinship care placement is appropriate; or (q) Any agency or entity that is provided access under state or federal law.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.03 . RELEASE TO COVERED EDUCATIONAL ENTITIES

(1) This Rule shall apply only to child abuse and neglect investigation information mandated by T.C.A. § 49-5-413(e) (2016 and as amended) to be released to Covered Educational Entities relative to a Covered Individual, in which case this rule’s procedures apply notwithstanding any language to the contrary contained elsewhere within these rules.

(2) The Department shall offer the due process procedures set out in Rule 0250-07-09-.05(1), including the opportunity for a hearing pursuant to Rule 0250-07-09-.09, to any Covered Individual who has ever been found by the Department to have committed any form of child abuse or neglect and who has not previously waived or exhausted his or her due process rights to a hearing. When the Covered Individual’s due process rights have been waived or fully concluded, the Department shall disclose its final finding to any relevant Covered Educational Entity.

(3) In the case of any Covered Individual whose investigation has not been concluded or any Covered Individual whose due process rights have not yet been offered or are otherwise pending, the Department shall conduct an emergency file review pursuant to Rule 0250-07- 09-.08. If the emergency file review results in a finding that the Covered Individual poses an immediate threat to the health, safety, or welfare of children, the Department shall disclose that threat to the relevant Covered Educational Entity.

(4) If the Department’s proceedings under these rules have been stayed pursuant to Rule 0250- 07-09-.10 due to pending criminal charges against a Covered Individual, the Department shall notify the Covered Educational Entity of the pending criminal charge.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), 37-5-512(a), and 49-5-413(e).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-07-09-.10 filed and effective March 25, 1999. Repeal and new rule filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective January 4, 2018.

Tenn. Comp. R. & Regs. 0250-07-09-.04 PROHIBITED RELEASES

(1) Any report of abuse or neglect is confidential pursuant to T.C.A. §§ 37-1-409(a)(1), 37-1- 612(a), and 37-5-107 (2016 and as amended).

(2) Any unauthorized release of a report of abuse, severe child abuse, child sexual abuse, or neglect constitutes a class B misdemeanor.

(3) Until an individual has exhausted all reviews, excluding the review set out in Rule 0250-07- 09-.12, permitted by these Rules, the Department shall not release any information from its records to any organization or person for purposes of pre-employment screening or licensing, to identify the individual as a perpetrator of any form of abuse or neglect, unless such disclosure is necessary to comply with T.C.A. § 49-5-413(e) (2016 and as amended) or other applicable law.

(4) Until an individual has exhausted all reviews permitted by these Rules, excluding the review set out in Rule 0250-07-09-.12, the Department shall not release any information from its RELEASE OF CHILD ABUSE/NEGLECT RECORDS records to identify the individual as a perpetrator of any form of abuse or neglect to any organization or person that requests this information for purposes of routine or random screening of current employees, volunteers, or associates.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), 37-5-512(a), and 49-5-413(e).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-07-09-.02 filed and effective March 25, 1999. Repeal and new rule filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective January 4, 2018.

Tenn. Comp. R. & Regs. 0250-07-09-.05 WHEN RIGHTS UNDER THIS CHAPTER ATTACH

(1) An individual whom the Department has classified in a substantiated report as a perpetrator of any form of abuse or neglect shall have the right to request a formal file review.

(2) If at the conclusion of the formal file review the substantiation is upheld, with or without modification, the individual shall have the right to request an administrative hearing. An individual who fails to request a formal file review after proper notice waives their right to an administrative hearing.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112(a), 37-5-112, and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.06 STANDARD AND CRITERIA FOR REVIEW OF CLASSIFICATION OF REPORTS OF

CHILD ABUSE/NEGLECT AS “SUBSTANTIATED.”

A report made against an alleged perpetrator shall be classified as substantiated if the preponderance of the evidence, in light of the entire record, proves that the individual committed any form of abuse or neglect. In determining whether there is a preponderance of the evidence to uphold the substantiation, the reviewer may consider, but is not limited to, the following factors:

(1) Medical and/or psychological information from a licensed physician, medical center, or other treatment professional, that substantiates that abuse or neglect occurred;

(2) An admission by the perpetrator;

(3) The statement of a credible witness or witnesses to the abusive or neglectful act;

(4) The child victim’s statement that the abuse or neglect occurred;

(5) Physiological indicators or signs of abuse or neglect, including, but not limited to, cuts, bruises, burns, broken bones or medically diagnosed physical conditions;

(6) Physical evidence that could impact the classification decision;

(7) The existence of behavioral patterns that may be indicative of child abuse or neglect and corroborate other evidence of any form of abuse or neglect;

RELEASE OF CHILD ABUSE/NEGLECT RECORDS

(8) Circumstantial evidence linking the alleged perpetrator to the abusive or neglectful act(s)

(e.g., child was in care of the alleged perpetrator at the time the abuse occurred and no other reasonable explanation of the cause of the abuse exists in the record).

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.07 RIGHT TO NOTICE AND OPPORTUNITY FOR FORMAL FILE REVIEW

(1) With the exception of minor perpetrators, within ten (10) business days after the Department has closed the case and classified an individual in a substantiated report as a perpetrator of abuse, severe child abuse, child sexual abuse, or neglect, the Department shall begin the process of notifying the individual of the classification. The notification shall be made through a delivery system capable of tracking to the individuals last known address. The notification shall inform the individual that he or she may request a formal file review by the Commissioner’s designee to determine whether the report has been properly classified as “substantiated”.

(2) If the substantiated perpetrator is a minor perpetrator, the Department shall notify the minor, the child’s parent or guardian, Child Protective Services, Regional General Counsel, and any known Guardian Ad Litem or other attorney for the child. The minor perpetrator shall automatically receive a formal file review as set out below. The minor perpetrator will not receive the notice set out in Rule 0250-07-09-.07(4) since the formal file review shall be automatic. The Department shall notify the minor perpetrator of the opportunity to submit rebuttal evidence in accordance with Rule 0250-07-09-.07(6) and shall otherwise follow the procedures and timeframes outlined in Rule 0250-07-09-.07(7) through Rule 0250-07-09- .07(11).

(3) The Department shall determine whether the emergency procedures of Rule 0250-07-09-.08 apply to the individual whom the Department has classified as a substantiated perpetrator of any form of abuse or neglect in a substantiated report.

(4) The notice to obtain a formal file review shall contain, at a minimum, the following:

(a) That the individual has been classified as the perpetrator of abuse, severe child abuse, child sexual abuse, or neglect in a substantiated report investigated by the Department;

(b) That the individual may request a formal file review by the Commissioner’s designee within twenty (20) business days of the date of service of the notice, the notice must be received by the Commissioner’s designee within the twenty (20) business days to be considered timely;

(c) That failure to submit a request for a formal file review within twenty (20) business days, absent a showing of good cause, shall result in the classified report becoming final and the individual shall waive any right to a formal file review; and (d) That the request for a formal file review shall be submitted to the specific address listed in the notice.

RELEASE OF CHILD ABUSE/NEGLECT RECORDS

(5) The Department shall date-stamp all requests for formal file reviews on the date received.

(6) The Department shall respond to a timely filed request for a formal file review within ten (10) business days of receipt by sending written notice of the individual’s obligations pursuant to a formal file review process. This additional notice shall include, at a minimum, the following:

(a) That the individual may submit additional written or documentary information on his or her behalf to the address identified in paragraph 4(d) of this Rule;

(b) That the individual must submit and the Department must receive the additional information within thirty (30) business days of the date of the notice;

(c) That if the information is not timely submitted, the formal file review shall proceed with the information provided in the file and that the individual’s right to submit additional information shall be waived; and (d) That the formal file review shall be completed within ninety (90) business days of the date of the notice.

(7) Unless the emergency procedures in Rule 0250-07-09-.08 apply, during the twenty (20) business day period in which an individual may request a formal file review, the Department shall not disclose that the individual has been classified as the perpetrator of abuse, severe child abuse, child sexual abuse, or neglect in a substantiated report. In addition, the Department shall not disclose any details about the case. The Department may only confirm that a child abuse, severe child abuse, child sexual abuse, or neglect investigation has commenced.

(8) In conducting the formal file review, the Commissioner’s designee shall determine whether a preponderance of the evidence available to the reviewer, including any submission by the alleged perpetrator, supports substantiation.

(9) If the Commissioner’s designee determines that a preponderance of evidence does not support substantiation, the report shall be reversed and it shall be classified as unsubstantiated. The Department shall not release information from its records identifying the individual as a perpetrator of any form of abuse or neglect. Nothing in these rules shall be construed to require the expunction of internal case records maintained by the Department.

Within ten (10) business days of the date of completion of the formal file review, the Department shall send to the individual who was classified in a report of any form of abuse or neglect at his or her last known address written notice containing, at a minimum, the following:

(a) The formal file review has classified the report as unsubstantiated; and (b) The Department shall not release information from its records identifying the individual as a perpetrator of abuse, severe child abuse, child sexual abuse, or neglect.

(10) If the Commissioner’s designee determines that the proof in the report supports a different conclusion than that reached by the Department, the report shall be modified and it shall be classified accordingly. The Commissioner’s designee shall notify the individual of the outcome.

(11) If the Commissioner’s designee determines that a preponderance of the evidence supports substantiation, the report shall be upheld and it shall be classified as substantiated. Within RELEASE OF CHILD ABUSE/NEGLECT RECORDS ten (10) business days of the date of completion of the formal file review, the Department shall send to the individual who was classified in a report of any form of abuse or neglect at his or her last known address written notice containing at a minimum, the following:

(a) That the individual has been identified as the perpetrator of abuse, severe child abuse, child sexual abuse, or neglect in a substantiated report investigated by the Department; and (b) That, after conducting a formal file review, the “substantiated” report was upheld.

(c) That the individual may request a hearing within twenty (20) business days of the date of the notice before an administrative law judge by completing the form provided to the individual by the Department.

(d) That if the individual requests a hearing, he or she shall complete the attached form and mail or fax it to the Department’s Administrative Procedures Division.

(e) That if the individual fails to timely request a hearing absent good cause, he or she shall waive the right to an administrative hearing.

(f) That if the individual fails to timely request a hearing absent good cause, the Department will release its finding of abuse, severe child abuse, child sexual abuse, or neglect to any individual or organization consistent with these rules.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.08 ALLEGED PERPETRATORS WITH CURRENT ACCESS TO CHILDREN;

EMERGENCY NOTIFICATION.

(1) The provisions of this Rule apply to individuals classified as perpetrators of any form of abuse or neglect in a substantiated report who pose an immediate threat to the health, safety, or welfare of a child or children to whom the alleged perpetrator has access.

(2) As soon as reasonably possible, the Commissioner’s designee shall conduct an emergency file review to determine if an individual identified in a substantiated report as a perpetrator of any form of abuse or neglect poses an immediate threat to the health, safety, or welfare of a child or children to whom the individual has access.

(3) In completing an emergency file review, the Commissioner’s designee shall determine whether the substantiated report should be upheld, and whether there is an immediate threat to the health, safety, or welfare of a child or children to whom the alleged perpetrator has access.

(a) If both factors are met, the Department shall then follow the procedures set forth in paragraphs (4), (5) and (6) of this Rule.

(b) If no such immediate threat exists, the Department shall not immediately reveal the alleged perpetrator’s identity.

RELEASE OF CHILD ABUSE/NEGLECT RECORDS

(4) As soon as reasonably possible, the Department shall notify in writing both the alleged perpetrator and the organization or person with whom the individual is associated, if the Commissioner’s designee determines the alleged perpetrator poses an immediate threat to the health, safety, or welfare of a child or children to whom the individual has access.

(a) The notice shall contain the information set forth in Rule 0250-07-09-.07(11); and (b) A statement that the organization or person with which the individual is associated shall receive notice of the Department’s determination. The notice shall contain the following:

1. That the organization or person shall ensure that the individual is not a threat to the safety of any child in their care; and 2. That the individual has been notified of his or her rights to a hearing on the allegations, and that the organization or person shall be notified of the final decision regarding the allegations.

(5) If the individual fails timely to request a hearing absent good cause, the individual shall waive his or her right to a hearing. The Department’s substantiated report regarding the individual shall then be available for dissemination, in accordance with these rules, to any associated organization or associated person and the individual’s identity shall be placed in the registry.

The Department must receive the request for a hearing within the time frame set out in Rule 0250-07-09-.09(2) for the request to be considered timely.

(6) If the individual timely requests a hearing, pursuant to Rule 0250-07-09-.09(2), the Department shall follow the procedures set forth in Rule 0250-07-09-.09(4).

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.09 RIGHT TO NOTICE AND OPPORTUNITY FOR ADMINISTRATIVE HEARING

(1) An individual whom the Department has classified in a substantiated report as a perpetrator of any form of abuse or neglect and whose classification has been upheld pursuant to a formal file review may request an administrative hearing before an administrative judge of the Administrative Procedures Division of the Department.

(2) An individual shall request an administrative hearing within twenty (20) business days from the date of the notice of the outcome of the formal file review. The Department must receive the request for an administrative hearing by the twentieth (20 th ) business day for the request to be considered timely.

(3) Unless the emergency procedures in Rule 0250-07-09-.08 apply, during the twenty (20) business day period in which an individual may request a hearing, the Department shall not disclose that the individual has been classified as the perpetrator of any form of abuse or neglect in a substantiated report. In addition, the Department shall not disclose any details about the case. The Department may only confirm that an investigation involving child abuse RELEASE OF CHILD ABUSE/NEGLECT RECORDS or neglect has commenced. If the individual timely requests a hearing, the Department may only release a statement stating that a hearing concerning the individual pursuant to the child abuse laws of this State is currently pending.

(4) If the individual timely requests a hearing, the Department shall schedule a hearing and give the individual adequate notice of the hearing, as provided by Rule 0250-05-04-.01.

(5) The hearing will be held, and an initial order entered therein, within one hundred twenty (120) business days of the date of the notice required in Rule 0250-07-09-.07(11), unless:

(a) The time limit is extended or waived by agreement of the parties, or for good cause shown; or (b) The proceedings are stayed pursuant to Rule 0250-07-09-.10.

(6) If the individual fails to timely request a hearing absent good cause, the individual shall waive his or her right to a hearing. The Department’s substantiated report regarding the individual shall then be available for dissemination, in accordance with these rules, to any associated organization or associated individual and the individual’s identity as a substantiated perpetrator shall be placed in the registry.

(7) An individual who fails to timely request a hearing may be granted a hearing provided that he or she shows good cause for failure to make a timely request.

(8) Good cause is limited to a failure to receive the notice referred to in Rule 0250-07-09.07(11), severe illness, or some other circumstance that substantially prevented the individual from timely requesting a hearing.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.10 STAY OF ADMINISTRATIVE PROCEEDINGS

(1) The Department shall stay all administrative proceedings under these Rules:

(a) If an individual whom the Department has classified in a substantiated report as a perpetrator of abuse, severe child abuse, child sexual abuse, or neglect has been arrested or indicted on criminal charges that are derived from the same allegations that caused the Department to investigate; or (b) If an individual whom the Department has classified in a substantiated report as a perpetrator of abuse, severe child abuse, child sexual abuse, or neglect is the subject of other administrative or civil proceedings that are derived from the same allegations that caused the Department to investigate.

(2) If the arrest, indictment, or initiation of other judicial or other administrative proceedings occurs any time prior to the entry of a final order by the Department, all proceedings under these Rules shall be immediately stayed pending final resolution, including appeals of the judicial or administrative proceedings. Provided, however, that the Department shall notify an RELEASE OF CHILD ABUSE/NEGLECT RECORDS individual in accordance with Rules 0250-07-09-.07, 0250-07-09-.08, or 0250-07-09-.09, as appropriate. The individual shall comply with the provisions of these Rules, as appropriate, in order to preserve his or her future rights to a hearing or to judicial review. During the stay, unless the emergency procedures in Rule 0250-07-09-.08 apply, the Department shall not disclose that the individual has been classified as the perpetrator of abuse, severe child abuse, child sexual abuse, or neglect in a substantiated report until the proceedings referred to in paragraph (1) of this Rule become final. The Department may only release the fact that judicial or administrative proceedings involving allegations of abuse, severe child abuse, child sexual abuse, or neglect by the individual are pending before a specified court or administrative body.

(3) A final criminal conviction and/or civil adjudication will be conclusive evidence the individual is the perpetrator classified in the substantiated report and the individual will have no right to a hearing provided for in Rule 0250-07-09-.09 in regard to that particular report and the Department may release information and the perpetrator as permitted under these Rules when:

(a) A criminal prosecution results in a conviction or guilty plea for any offense listed in T.C.A. § 37-1-602(a)(3) (2016 and as amended), or any act which would constitute child abuse or neglect;

(b) The individual is found guilty or pleads guilty to any lesser offense derived from the offenses or acts alleged under T.C.A. § 37-1-602(a)(3) or § 37-1-102(b)(21) (2016 and as amended); or (c) Any court or administrative proceeding results in a judicial or administrative adjudication that the individual has committed, or has knowingly allowed to be committed any act against a child which would constitute abuse, severe child abuse, child sexual abuse, or neglect.

(4) If the criminal, civil or administrative proceeding does not result in a conviction or in a finding as specified in paragraph (3) of this Rule, including pretrial diversion, this fact shall be admissible in the Department’s administrative hearing, but may not be dispositive to the issue of whether the report is properly classified as substantiated.

(5) If administrative proceedings were stayed pursuant to this Rule, they shall resume at the point at which they were stayed if the alleged perpetrator so requests in writing to the address listed on the notification to stay proceedings, within thirty (30) days of entry of a final order by a court or other administrative body favorably disposing of the issue of child abuse or neglect involving the alleged perpetrator or of any disposition other than guilty by a court in a criminal proceeding. If the alleged perpetrator fails timely to make such a written request, he or she shall waive his or her rights to a hearing in regard to that report. The substantiated report and information regarding the perpetrator will be released as permitted under these Rules. If the Department learns the civil or criminal proceedings were resolved and thirty (30) days have passed since the resolution of the matter, the Department may reinstate due process at the point at which it was stayed and take the appropriate action.

(6) Unless the individual has waived his or her rights to a formal file review or to an administrative hearing by failing to timely request same or by other action or inaction, if administrative proceedings have been stayed, the Department shall notify in writing the individual as follows:

RELEASE OF CHILD ABUSE/NEGLECT RECORDS

(a) That administrative proceedings have been stayed pending the final outcome of judicial or other administrative proceedings concerning allegations of child abuse involving the individual;

(b) That the individual may reinstitute the administrative proceedings under these rules at the point they were stayed only if the individual requests such in writing to the Department at the address listed on the notice of stay within thirty (30) days of the entry of a final order by the court or administrative tribunal or verdict by a criminal court (unless the order or verdict is a conviction or guilty plea as specified in paragraph (3) above);

(c) If the individual fails timely to make such a written request, he or she shall waive his or her rights to a formal file review or an administrative hearing in regard to the report and be finally determined as a “substantiated” perpetrator of child abuse or neglect.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5-106, 37-5- 107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from

Tenn. Comp. R. & Regs. 0250-07-09-.11 CONDUCT OF ADMINISTRATIVE HEARING

(1) The administrative hearing will be conducted in accordance with the provisions of the Uniform Administrative Procedures Act and of Rule 0250-05-06.

(2) The sole issue for the administrative judge to determine is whether the preponderance of the evidence, in light of the entire record, proves that the individual committed any form of abuse or neglect.

(3) Unless the emergency procedures in Rule 0250-07-09-.08 apply, the Department shall not disclose that the individual has been classified as the perpetrator of any form of abuse or neglect in a substantiated report until the individual has exhausted all of his or her appeal rights under these Rules, including judicial review of a final order by the Department. The Department may only release the fact that a hearing concerning the individual pursuant to the child abuse laws of the State is pending.

(4) If the administrative judge concludes that a preponderance of the evidence does not support a conclusion that the individual committed the act of abuse or neglect, or if a reviewing court reverses a departmental determination of abuse or neglect, the report shall be classified as unsubstantiated. The Department shall not release information from its records identifying the individual as a perpetrator of any form of abuse or neglect. If the Department had previously disclosed to any organization or person that an individual was under investigation under the child abuse laws of Tennessee, the Department shall immediately notify that organization or person that the report was unsubstantiated. Nothing in this rule shall be construed to require expunction of any information from internal case records maintained by the Department.

(5) The decision of the administrative law judge may be appealed in accordance with the Uniform Administrative Procedures Act.

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 4-5-313, 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5- 106, 37-5-107, 37-5-112, 37-5-112(a), and 37-5-512(a).
• Administrative History: Original rule filed RELEASE OF CHILD ABUSE/NEGLECT RECORDS September 13, 1988; effective October 28, 1988. Rule assigned a new control number, removed and renumbered from 1240-07-09-.08 filed and effective March 25, 1999. Repeal and new rule filed September 11, 2006; effective November 25, 2006. Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; effective January 4, 2018.

Tenn. Comp. R. & Regs. 0250-07-09-.12 RESERVED

History

• Authority: T.C.A. §§ 4-5-226(b)(2), 4-5-313, 37-1-409, 37-1-612, 37-1-616, 37-5-101, 37-5-105, 37-5- 106, and 37-5-112(a).
• Administrative History: Emergency rule filed July 19, 2013; effective through January 15, 2014. On January 16, 2014, the rule reverted to its previous status. Amendments filed October 6, 2017; to have become effective January 4, 2018. However, withdrawal of rule 0250-07-09-.12 filed December 21, 2017.

Chapter 0250-07-10 Administration of Collective Fund Accounts

Tenn. Comp. R. & Regs. 0250-07-10-.01 PURPOSE

The purpose of these rules is to establish policies and procedures for the accounting and use of money held in children’s accounts in the Collective Fund for children in the custody of the State. These funds may include, but are not limited to: Social Security benefits (Title II and Title XVI), Railroad Retirement benefits, Veterans benefits, Black Lung benefits, and child support.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.01 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.02 DEFINITIONS

(1) The term “authorized expenditures” means those expenses incurred on behalf of children which have been approved by those persons designated to purchase services or goods.

(2) The term “beneficiary” means the child for whom the Children’s Services maintains an account in the Collective Fund.

(3) The term “Black Lung benefits” means those benefits established by the Federal Coal Mine Health and Safety Act of 1969, Title IV, for miners totally disabled by black lung disease and for dependents of miners who had died from the disease or were totally disabled from the disease at death.

(4) The term “Cash Basis” means the method of accounting in which the revenues and expenditures are recognized when payments are received or made.

(5) The term “child” shall conform to TCA §§37-1-102 (b) (4) and 37-1-103(c) provided, however, for purposes of accounting for the funds of a person remaining in the care of the State of Tennessee after the person’s 19th birthday, the term shall include a person who was previously placed in the custody of the State of Tennessee prior to the person’s 18th birthday.

(6) The term “Collective Fund” for the purposes of these rules refers to the collection of children’s accounts used to account for the receipt and disbursement of benefits received from the federal government and to provide for the current and future needs of children in state custody. Benefits currently received for children include SSA (Title II), SSI (Title XVI), RR, Black Lung, Veteran’s and Child Support.

(7) The term “Commissioner of the Department of Children’s Services” means the Governor’s appointee to assume the charge and general supervision of the Department of. Children’s Services.

(8) The term “current benefits” means those benefits, which are allowed to be spent on behalf of a child for the person’s current or reasonably foreseeable needs.

(9) The term “custodial department” means the department of state government which has been awarded legal custody of the child by a court.

(10) The term “Department” means he State’s Department of Children’s Services.

(11) The term “DCS” stands for the Department of Children’s Services.

(12) The term “Department of Children’s Services” or “DCS” means the Department responsible for administering the collective fund.

(13) The term “disbursement of funds” means the payment of funds for authorized expenditures for the well-being of the child. This includes the pass through of current benefits to the parent, relative, or other person with whom children are home on trial visits.

(14) The term “first in, first out” means qualifying current obligations that will be paid in the chronological order in which they were received.

(15) The term “funding source” means a federal agency from which monetary benefits are received by the State for children in state custody or child support.

(16) The term “interest income” means interest earned on funds deposited in a State interest-bearing account, net of administrative fees incurred by State Treasurer’s Office.

(17) The term “legal custody” means the legal right and responsibility to provide for the physical, mental, moral and emotional well-being of the child (i.e., like those rights exercised by a parent).

(18) The term “lump sum payment or retroactive benefits” means receipt of accumulated benefits for the

purpose of these rules that have been identified by SSA as Dedicated Funds.

(19) The term “monthly balances” means the net amount of funds on hand in an account on the last day of each month.

(20) The term “open ended entitlement funds” means federal funds which the State is authorized to use for the benefit of eligible clients. This includes Title XIX and Title IV-E.

(21) The term “personal need allowance (PNA)” means monies made available to the child for personal use.

(22) The term “physical custodian” refers to the person in charge of a household or facility where an individual in custody is living.

(23) The term “POMS” refers to the Social Security Administration’s Program Operations Manual System.

(24) The term “railroad retirement” means benefits made available on behalf of a child which are authorized by Railroad Retirement.

(25) The term “representative payee” means that person designated by the funding source or court order to receive and be responsible for the use of funds on behalf of the child and to ensure that the beneficiary’s current and reasonably foreseeable future financial and physical needs are met.

(26) The term “SSA” stands for the Social Security Administration.

(27) The term “State Treasurer’s account” means an account maintained by the State Treasurer.

(28) The term “Tennessee Office of the Treasurer interest rate” means the rate of interest determined and paid by the State Treasurer.

(29) The term “Title II funds” means social security benefits (SSA) funds made available from the Social Security Administration for the care and maintenance of a child having deceased, aged, or disabled parent(s), as provided in Title II of the Social Security Act.

(30) The term “Title IV-E” for the purposes of these rules means the program under AFDC Foster Care.

Title IV-E provides for the maintenance payments made for eligible children in foster care family homes or child care institutions housing up to 25 people, and that portion of the title which permanently authorized States to develop adoption assistance agreements with the adoptive parents of children with “special needs.” A maintenance payment is the expenditure for room, board, clothing and food.

(31) The term “Title XVI funds” means supplemental security income (SSI) funds made available from the Social Security Administration for the care and maintenance of a child with a disability, as provided in Title XVI of the Social Security Act.

(32) The term “Title XIX” refers to medical assistance (Medicaid) provided under Title XIX of the Social Security Act.

(33) The term “trial home visit” is defined for purposes of these rules as the return of physical custody of the child to a parent, relative or other appropriate individual to determine whether full custody should be granted to that parent, relative, or other appropriate individual; however, the State retains legal custody during the trial home visit period.

(34) The term “Veteran’s” for the purposes of these rules, means the benefits and services to eligible veterans, members of their families, and survivors of deceased veterans.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.02 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.03 POLICY

The State will maintain funds on behalf of the beneficiary and expend the funds for authorized expenditures the State has incurred for the care of the beneficiary during the time period that the Commissioner has been designated as the representative payee by the funding source or court order. The funds may be used for personal spending on behalf of the beneficiary, but they may not be used for educational expenditures which are guaranteed by the State’s Constitution. Funds which are governed by federal grants, state statutes, or federal regulations or policies will be administered according to those guidelines.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.03 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.04 CUSTODIAN OF COLLECTIVE FUNDS

The Commissioner of the Department of Children’s Services shall serve as the custodian of all accounts in the Collective Fund accounts. The custodian shall comply with these rules and shall ensure the employment of the appropriate accounting principles.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.04 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.05 ACCOUNTING FOR FUNDS

(1) All funds will be made available to be expended by the State for authorized, cash basis expenditures during the month in which funds are received. Any money not used for current and reasonably foreseeable needs will be conserved in accordance with these rules. If the State seeks to use the trust funds for reimbursement for previously paid bills, it will seek approval from the appropriate funding source.

(2) The authorized funds must be recorded in the State accounting system during the months in which they are credited to a child’s account within the Collective Fund.

(3) All qualifying current authorized expenditures will be paid on a first in, first out method.

(4) All funds must be maintained in an account supervised by the Tennessee Office of the Treasurer.

(5) Accountings shall not list separate Funding Sources. There will be no such accounting unless doing so is required by federal or state regulations. If federal or state regulations require an accounting based on Funding Sources, the benefits, including interest, will be coded by type of Funding Source and authorized disbursements will be coded to correspond to the type of Funding Source.

(6) Funds received will be used in the order established by the Commissioner of Department of Children’s Services in compliance with state and federal regulations.

(7) Interest on all funds will be credited monthly.

(8) Any change in the basis of accounting will be recommended by the Commissioner of Department of Children’s Services to the Commissioner of Finance and Administration for approval.

(9) Exceptions to the above mentioned procedures will be granted only after written direction by an appropriate official designated by the Commissioner of the Department of Children’s Services.

(10) DCS will work with the funding source to identify all unidentified funds. Funds that remain unidentified for a period of two (2) years will be returned to the funding source. Funds for which funding source cannot be identified will be transferred to unclaimed property of the Tennessee Office of the Treasurer.

(11) Reimbursement received from private insurance or other source of funds for costs paid from the Collective Fund will be used to reimburse the child’s account in the Collective Fund.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.05 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.06 AUTHORIZED EXPENDITURES

The following will define expenditures for which funds can be used:

(1) Expenditures for room and board, except those not allowed by state or federal regulations or laws.

These expenditures are those authorized by the state or its agents.

(2) Expenditures for medical expenses, except those not allowed by regulations as outlined in paragraph six (6) of Section 0250-7-1-.05 “Accounting for Funds.”

(3) Expenditures for education expenses not guaranteed by the State’s Constitution or statutes; and (4) Any miscellaneous expenditure which would benefit the welfare of the beneficiary. The miscellaneous expenditures will be classified by nature of the expenditure (e.g., clothing, travel, etc.).

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.06 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.07 INTEREST ON FUNDS

(1) Collection of interest will be in accordance with the regulations of the Tennessee Office of the Treasurer Regulations.

(2) Except as provided in Rule 0250-7-1-.11, interest on funds will be assigned to each child’s account in the Collective Fund according to the method established for the State by the Tennessee Office of the Treasurer.

(3) No interest will be granted to funds not maintained in a Tennessee Office of the Treasurer account.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.07 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.08 ADMINISTRATIVE CHARGES

An administrative charge will be set based upon a rate approved by the Commissioner of Finance and Administration. The administrative charge must be in compliance with the requirements of federal statutes, regulations, and the SSA Program Operations Manual System (POMS).

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.08 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.09 MANAGEMENT OF CHILD INFORMATION

All information and reporting requirements regarding the collective fund will be the responsibility of the Department of Children’s Services. These include representative payee reports, court-ordered reports, other federal reports, or any additional required or requested reports.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.09 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.10 ACCOUNTING FOR PERSONAL ACCOUNTS

(1) Each custodial department and/or individual holding funds and having responsibility for the child may hold personal funds on behalf of the child. These personal funds may include, but are not limited to, allowances, wages earned, and gifts.

(2) These personal funds will not be a part of the child’s account in the Collective Fund maintained by DCS.

(3) The accountability for personal funds will be the responsibility of the DCS facility where the child is placed while in the Department’s physical custody, or the contract agency where the child is in the physical custody of a contract agency, regardless of where the personal funds are held. The DCS Facility, or contract agency, shall place any personal funds exceeding one-hundred and fifty ($150) in an interest-bearing account and shall furnish any information about the personal funds requested by DCS.

(4) The state may authorize the use of personal funds on a case-by-case basis for the care and maintenance of the child, if the child’s eligibility for means-tested entitlements is jeopardized because the monthly balance of the child’s personal account exceeds that allowed by the Funding Source.

(5) With respect to resources or income, the State must report earnings for a Social Security beneficiary who works for more than the annual limit ($8,160 for 1995). For SSI recipients, the State must report all changes to the recipient’s income or resources. The custodial department shall report additional income and resources as required by Social Security to Children’s Services.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.10 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.11 ADDITIONAL RULES FOR SOCIAL SECURITY BENEFITS

(1) With respect to Title II and Title XVI funds, to the extent that the rules in this section conflict with any other rules, or are more specific than, any of the rules in these rules, the rules in this section shall control.

(2) DCS will maintain a separate accounting for each child’s benefits account.

(a) Upon written request, DCS will send an annual accounting by category for monthly expenditures of the use of the child’s funds to the committing court, the child’s attorney or guardian ad item, or the child, if age 17 or over.

(b) Accountings will be sent to a child’s parent or guardian only if such release of information is approved by the DCS and does not violate federal or state law.

(c) Requests can be made only once a year on behalf of each child beneficiary. The child in custody for less than a year is entitled to an annual accounting by category as well.

(d) DCS will maintain a written record of the number of accounting requests received, the date of receipt, the number processed, and the date the accounting was provided and to whom the information was provided.

(3) DCS shall provide information about a child’s benefits to the child beneficiary’s custodial department worker, including information about the child’s benefits and about the custodial department worker’s right to ask for special items for the child, if there is money left after current maintenance is provided for the child. A copy of the child’s benefits summary shall be placed in the child’s case file at the custodial department.

(4) Notwithstanding Rules 0250-7-1-.05(3), (8) and (9), DCS will not use a lump sum payment or retroactive benefits, as defined by SSA as dedicated funds, for Title XVI award for payment of a child’s prior care without the express written authority from the SSA.

(5) Refund of unused balances to the funding source will be made in accordance with written regulations of the SSA not to exceed 60 days.

(6) If a child who receives SSI enters an institution in which a major portion of a bill is paid by the Title XIX program, the representative payee shall inform the SSA of the placement. DCS will comply with instructions from SSA for each child concerning the refund or use of funds.

(7) In the event that a child receives Title XVI funds, the child’s placement facility, or any other fiduciary who holds any funds for such child shall report monthly the balances of the child’s personal funds to DCS in order for DCS to meet its accountability and reporting duties to the SSA.

(8) These rules are subject to the requirements of state statutes, federal statutes, regulations, and the SSA Program Operations Manual System (POMS). To the extent that these rules are or may become in conflict with the requirement of federal statutes, regulations, or the SSA POMS as may be amended, the federal statutes, regulations, or the SSA POMS shall govern.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), and Executive Order No. 58; 42 U.S.C. §§405 et seq. and 1382 et seq.; 20 C.F.R. 404.301 et seq.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.11 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Tenn. Comp. R. & Regs. 0250-07-10-.12 AMENDMENTS OR WAIVER OF RULES

The Commissioner of the Department of Children’s Services reserves the right to amend or waive any or all of these rules, with the exceptions of rules which are included to comply with regulations of the Funding Sources, if deemed in the best interest of the state.

History

• Authority: T.C.A. §§4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106, 37-5-112(a), and Executive Order No. 58.
• Administrative History: Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.12 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.

Chapter 0250-07-11 Release of Non-Identifying Information from Records of Adoptions andTransmittal of Medical Information Regarding Certain Persons Affected by Adoptions

Tenn. Comp. R. & Regs. 0250-07-11-.01 PURPOSE OF CHAPTER

(1)The purpose of this chapter is to provide, in compliance with Tennessee Code Annotated, §§ 36-1-133, 36-1-134, 36-1-135 and Public Chapter 1054 (1996), procedures for release of non-identifying information and transmission of updated medical information relating to adoptions of certain persons whose records are maintained by the Department of Children’s Services as sealed records, sealed adoption records, or as post-adoption records.

History

• Authority: T.C.A. §§ 37-5-105, 36-1-101 et seq., Chapter 13 of Public Chapter 1079 (1996), and Public Chapter 1054 (1996).
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-11-.02 DEFINITIONS

(1)Adopted Person:

(a)Any person who is or has been adopted under this part or under the laws of any state, territory, or foreign country.

(b)For purposes of the processing and handling of, and access to, any adoption records, sealed adoption records, sealed records, post-adoption records, or adoption assistance records pursuant to this part, this term shall also include a person for whom any of those records is maintained by the court, other persons or entities or persons authorized to conduct a surrender or revocation of surrender pursuant to this part, or which records are maintained by the Department, a licensed or chartered child-placing agency, a licensed clinical social worker, or the Department of Health or other information source, whether an adoption petition was ever filed, whether an adoption order was ever entered, whether the adoption was ever dismissed, whether the adoption was ever finalized, or whether the adoption was attempted or was otherwise never completed due to the abandonment of any necessary activity related to the completion of the adoption.

(c)Whenever used, the term “adopted person” shall mean persons in subparagraphs (a) and (b).

(2)Adoption - The social and legal process of establishing by court order, other than by paternity or legitimation proceedings or by voluntary acknowledgment of paternity, the legal relationship of parent and child.

(3)Adoption Record - The records, reports, and papers, including those of termination of parental rights or adoption proceeding, maintained about an adopted person by the clerk or judge of the court where the adoption petition is filed, where a surrender or revocation of a surrender is filed, or by the state, district REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS or county offices of the Department, or by a licensed or chartered child-placing agency, or by any other information source and which record contains all social, medical, legal or other information concerning a person who has been placed for adoption or for an adopted person, and which existed prior to its becoming a sealed record or a sealed adoption record; provided, however, that the adoption record shall not include any home study or preliminary home study or any information obtained by the Department, a licensed child-placing agency, a licensed clinical social worker, or an attorney in connection with a home study or adoption proceeding other than that which is expressly included in a report to the court by such persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to T.C.A. § 36-1-138.

(4)Adoptive Parent(s) - The person(s) who have been made the legal parent(s) of a child by the entry of an order of adoption under the provisions of the law of any state, territory or foreign county.

(5)Agency Care - The chartered agency, the Department, or Tennessee licensed child placing agency which provided foster care services to the child and who may have placed the child for the purpose of adoption.

(6)Alleged Parent - A person who was named or described in the sealed record or the sealed adoption record as parent of the adopted person, but who does not otherwise meet the definition of biological parent pursuant to these rules.

(7)Biological Parent(s) - Based on a birth certificate, a court order, an unqualified surrender of parental rights, or based on an unqualified acknowledgment of parenthood, or any other document contained in the sealed record or the sealed adoption records the person(s) identified as the birth parent(s) who genetically conceived the adopted person. The information in the sealed records, adoption records, and sealed adoption records must be consistent as to the identity of the biological parent.

(8)Biological Relative - The biological parents or child, the brothers and sisters of the whole or half blood, the blood grandparents of any degree, the blood aunts or uncles, or the blood cousins of the first degree of an adopted person or person for whom any adoption records, sealed record, sealed adoption record or post-adoption records are maintained.

(9)Chartered Child-Placing Agency - For purposes of this Chapter, an agency which had received a charter from the State of Tennessee through legislative action or by incorporation for the operation of an entity or a program of any type which engaged in the placement of children for foster care or residential care as

part of a plan or program for which those children were or could have been made available for adoptive placement and which may have, at sometime during its existence, become subject to any licensing requirements by the Department or its predecessors.

(10)Child - Any person under eighteen (18) years of age.

(11)Court - The chancery, circuit, or former county courts, or other courts in Tennessee which have or may have possessed adoption jurisdiction at anytime.

(12)Court Report - The report to the adoption or surrender court in response to an order of reference which describes to the court the status of the child and the prospective adoptive parents or the persons to whom the child is surrendered. Such a report may be preliminary, supplementary, or final in nature.

The court report shall not include the home study or preliminary home study, but instead shall include a summary of such study.

(13)Department - The Tennessee Department of Children’s Services or any of its divisions or units.

REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS

(14)Department of General Services - The state executive branch agency which maintains the State’s records management center and in which the sealed records or adoption records are stored.

(15)Department of Health - The state executive branch agency which administers the Division of Vital Statistics, which Division maintains records of births.

(16)Eligible Person - A person who is verified by the Department as being in the class of individuals who is permitted by this Chapter to receive non-identifying information and updated medical information.

(a)For purposes of Tennessee Code Annotated, § 36-1-133, release of non-identifying information, eligible persons are an adopted person eighteen (18) years of age or older, the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons.

(b)For purposes of § 36-1-135 concerning transmission of updated medical information, eligible persons are an adopted person age eighteen (18) or older, the adoptive parents of an adopted person under eighteen (18) years of age, any biological or legal relative of an adopted person, or the legal representative of any adopted person or of any biological or legal relative.

(c)The alleged parent/relative is not an eligible person for transmittal of updated medical information or to receive non-identifying information.

(17)Family Unit - A group of two or more persons residing together who are related by blood, marriage, or adoption. A person whose work, study, treatment or care results in only temporary, periodic, or otherwise time-limited absence from the family unit shall be deemed to be a member of the family unit to which he or she usually returns to reside at the end of such absences. Any person who receives 50% or more of his or her support, in cash or in-kind, from persons to whom he or she is related by blood, marriage or adoption shall, for purposes of income and resource determination, also be deemed to be a member of the family unit which contributes the greatest percentage of such support.

(18)Foster Care - The provision of full-time temporary out-of-home care for a child in a private residence by one or more persons (foster parents) who have been trained and approved by the Department or a licensed child-placing agency to care for children who, for various reasons, can no longer remain in their own home, or the full-time care provided by prospective adoptive parents who have received a child as a result of the surrender of parental rights, a parental consent, or as the result of a termination of parental rights.

(19)Guardian or Co-Guardian - A person or persons or an entity, other than the parent of a child, appointed by a court or defined by law specifically as “guardian” or “co-guardian” or “conservator” to provide supervision, protection for and care for the person or property or both, of a child or adult. This may also include the Department, a licensed child placing agency or a child caring agency.

(20)Health Care - For purposes of this Chapter, the provision as a person or entity of medical, surgical, hospital, psychiatric, or psychological care which is subject to the requirements of licensing by any state, territory or foreign country.

(21)Health Care Facility - For purposes of this Chapter, a place or entity which meets the licensing requirements of any state, territory or foreign country for the provision of health care and which is providing medical, surgical, hospital, psychiatric, psychological or clinical care to a person affected by the provisions of this Chapter.

REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS

(22)Health Care Professional - For purposes of this Chapter, an individual who is licensed by any state, territory or foreign country to administer health care to a person, and who is a treating physician, psychologist, or psychiatrist of a person about whom medical information may be needed and who is affected by the provisions of this Chapter.

(23)Home Study - The product of a preparation process in which individuals or families are assessed by themselves and the Department or licensed child-placing agency, or a licensed clinical social worker as to their suitability for adoption and their desires with regard to the child they wish to adopt. The home study shall conform to the requirements set forth in the rules of the Department and becomes a written document which is used in the decision to approve or deny a particular home for adoptive placement.

The home study shall be confidential, and at the conclusion of the adoption proceeding shall be forwarded to the department to be kept under seal pursuant to § 36-1-126, and shall be subject to disclosure only upon order entered pursuant to § 36-1-138.

(24)Identifying Information - Any information contained in a adoption record, sealed record, sealed adoption record, or post-adoption record not permitted to be released pursuant to T.C.A. § 36-1-133(b)(1)-(7).

(25)Legal parent:

(a)The biological mother of a child;

(b)A man who is or has been married to the biological mother of the child if the child was born during the marriage or within 300 days after the marriage was terminated for any reason, or if the child was born after a decree of separation was entered by a court;

(c)A man who attempted to marry the biological mother of the child before the child’s birth by a marriage apparently in compliance with the law, even if the marriage is declared invalid, if the child was born during the attempted marriage or within 300 days after the termination of the attempted marriage for any reason;

(d)A man who has been adjudicated to be the legal father of the child by any court or administrative body of this State or any other state or territory or foreign country or who has signed, pursuant to §§ 24-7-118, 68-3-203(g), 68-3-302 and 68-3-305(b), an unrevoked surrender and sworn acknowledgment of paternity under the provisions of Tennessee law, or who has signed a sworn acknowledgment pursuant to the law of any other state, territory, or foreign country; or (e)An adoptive parent of a child or adult.

(26)Legal relative - The person who is included in the class of persons set forth in the definition of “biological relative” or “legal parent”, and who, at the time a request for search services or information is made pursuant to §§ 36-1-133 and 36-1-135, is related to the adopted person by any legal relationship established by law, court order, or by marriage, but specifically includes, in addition, a stepparent.

(27)Legal Representative:

(a)The conservator, guardian, legal custodian, or other person or entity with legal authority to make decisions for an individual with a disability, or an attorney-in-fact, an attorney-at-law representing a person for purposes of obtaining information pursuant to this part, or the legally appointed administrator, executor, or other legally appointed representative of a person’s estate, or REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS (b)Any person acting under any durable power of attorney for health care purposes or any person appointed to represent a person and acting pursuant to a living will.

(c)For purposes of this definition, “disability” means that the individual is a minor pursuant to any state, territorial, or federal law, or the law of any foreign country or that the individual has been determined by any such laws to be in need of a person or entity to care for the individual due to that individual’s physical or mental incapacity or infirmity. Such a person shall exhibit to the Department’s satisfaction such authority.

(d)Authority to act on behalf of an individual shall be presented to the Department by way of certified copies of orders or powers, or signed statements authorizing representation by attorneys at law.

(28)Licensed or chartered child-placing agency - Any agency operating under a license to place children for adoption issued by the Department, any other state, territory or the District of Columbia or any agency which operates under the authority of another country with the right to make placement of children for adoption and which has in the Department's sole determination, been authorized to place children for adoption in this state (29)Lineal ancestor - Any degree of grandparent or great-grandparent, either by birth or adoption.

(30)Licensed Clinical Social Worker - An individual who holds a license as an independent practitioner from the board of social worker certification and licensure pursuant to T.C.A. § 63-23-101 et. seq. and in addition, is licensed by the Department to provide foster care placement services and adoption placement services.

(31)Lineal descendant - A person who descended directly from another person who is the biological or adoptive ancestor of such person, such as the daughter of her mother or granddaughter of her grandmother.

(32)Non-Identifying Information (a)Non-identifying information released from the sealed record, sealed adoption record or postadoption record maintained by the Department shall consist only of the following: 1.The date and time of the birth of the adopted person and such person’s weight and other physical characteristics at birth; 2.The age of the adopted person’s biological relatives at the time of such person’s birth; 3.The nationality, ethnic background, race, and religious preference of the biological or legal relatives; 4.The educational level of the biological or legal relatives, general occupation, and any talents or hobbies. 5.A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion, and other similar information; 6.Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children;

REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS 7.Available health history of the adopted person, and his or her biological or legal relatives, including specifically, any psychological or psychiatric information which would be expected to have any substantial effect on the adopted person’s mental or physical health.

(b)No information shall be released from the sealed record, sealed adoption record or post-adoption record maintained by the Department which would be calculated to lead to the discovery of the identity or whereabouts of the adopted person or the adopted person’s biological or legal relatives.

(c)Whenever the Department releases information pursuant to the provisions of this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the Department shall specify to the adopted person whether the information released pertains to the adopted person’s birth parents or to any intervening adoptive parent(s).

(33)Parent(s) - Any biological, legal, adoptive parent, or for purposes of T.C.A. §§ 36-1-133 and 135, stepparents. “Step parent” shall mean the current husband or wife of the adopted person’s biological or adoptive parent.

(34)Post-Adoption Unit - The unit in the state office of the Department responsible for maintaining postadoption records and search requests and for reviewing and opening or approving the opening of adoption records, sealed records, sealed adoption records, post-adoption records or adoption assistance records pursuant to Title 36, Chapter 1, Part 1 of the Tennessee Code Annotated.

(35)Post-Adoption Record:

(a)The record maintained in any medium by the Department, separately from the sealed record or sealed adoption record and subsequent to the sealing of an adoption record or which is maintained about any sealed record or sealed adoption record. The post-adoption record contains information, including, but not limited to, adopted persons or the legal or biological relatives of adopted persons, or about persons for whom sealed records or sealed adoption records are maintained, or about persons who are seeking information about adopted persons, or persons on whom a sealed record or sealed adoption record is maintained, and the post-adoption record contains information concerning, but not limited to, the Contact Veto Registry established by this

part, the written inquiries from persons requesting access to records, the search efforts of the Department pursuant to the requirements of the Contact Veto process, the response to those search efforts by those persons sought, information which has been requested to be transmitted from or on behalf of any person entitled to access to records pursuant to this part, any updated medical information gathered pursuant to this part, court orders related to the opening of any sealed adoption records or sealed records, and personal identifying information concerning any persons subject to the provisions of this part.

(b)The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to T.C.A. § 36-1-126(b)(2), which indicates the child's date of birth, the date the agency received the child for placement, from whom the child was received and such person's last known address, with whom the child was placed and such person's or entity's last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered or the adoption petition dismissed.

(c)This record is confidential and shall be opened only as provided by T.C.A §§ 36-1-101 et seq. and this Chapter.

REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS

(36)Record - Unless the context otherwise requires, any paper, report, document, or photograph, or other medium of preservation of information. For purposes of this Chapter, a record which may be available to an eligible person shall not include the remaining names of other persons on a list, log, or roll maintained by the Department or any other entity who are not, as determined by the Department, a part of the eligible person’s request for service.

(37)Resources - For purposes of these rules, resources shall include only the following assets of the requesting person or any member of his or her family unit:

(a)Cash;

(b)Accounts in financial institutions, certificates of deposits, or any other evidence of financial assets;

(c)Stocks;

(d)Bonds;

(e)Securities;

(f)Cash value of life insurance policies;

(g)Notes receivable;

(h)The equity value of any real property which is not the primary home, farm, or business operation of the family unit:

(i)The equity value of any vehicles owned by the adopted person, his or her siblings, or lineal descendants, or members of the family unit in excess of one vehicle per member of the family unit;

(j)The equity value of personal property of the family unit, in addition to subparagraphs (a)-(g) which exceeds $10,000; and (k)All assets which are shown to be pledged as security for loans or mortgages shall be excluded from countable resources.

(38)Sealed Adoption Record:

(a)The adoption record as it exists subsequent to its transmittal to the Department, or subsequent to its sealing by the court, pursuant to the requirements of T.C.A. § 36-1-126, or (b)The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to T.C.A. § 36-1-126(b)(2).

(c)This record is confidential and shall be opened only as provided by T.C.A §§ 36-1-101 et seq. and this Chapter.

(d)The sealed adoption record shall not, for purposes of release of the records pursuant to T.C.A. § 36-1-127 through 36-1-141 be construed to permit access, without a court order pursuant to T.C.A. § 36-1-138, to home studies or preliminary home studies or any information obtained by the Department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies which are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to T.C.A. § 36-1-138.

(39)Sealed record:

(a)Any records, reports or documents which are maintained at anytime by a court, a court clerk, a licensed or chartered child-placing agency, licensed clinical social worker, the Department, the Department of Health, or any other information source concerning the foster care or agency care placement, or placement for adoption, of a person by any branch of the Tennessee Children’s Home Society authorized by Public Chapter 117(1919); or (b)Any records, reports or documents maintained by a judge, a court clerk, the Department, a licensed or chartered child-placing agency, a licensed clinical social worker, the Department of Health, or any other information source which consists of adoption records or information about an adoption proceeding or a termination of parental rights proceeding about an adopted person, or which contain information about a person who was placed for adoption but for whom no adoption order was entered or for whom an adoption proceeding was dismissed or for whom an adoption was not otherwise completed, or which contain information concerning persons in the care of any person or agency, and which records have otherwise been treated and maintained by those persons or entities under prior law, practice, policy, or custom as confidential, non-public adoption records, sealed adoption records, or post-adoption records of the person, or which may be otherwise currently treated and maintained by those persons or entities as confidential, nonpublic adoption records, sealed adoption records or post-adoption records of the person; or (c)The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2).

(40)Sibling - Anyone having a sibling relationship.

(41)Sibling relationship - The biological or legal relationship between persons who have a common biological or legal parent.

(42)Unit of Service - As used in this Chapter, a unit of service shall consist of the process required to open each record necessary to fulfill the request for a service. The fee for service charged pursuant to Section

Tenn. Comp. R. & Regs. 0250-07-11-.03 PROCEDURES FOR RELEASE OF NON-IDENTIFYING INFORMATION AND/OR

TRANSMITTAL OF UPDATED MEDICAL INFORMATION.

(1)A person seeking information pursuant to this Chapter shall file a written request with the Department’s Post-Adoptions unit in care of:

Tennessee Department of Children’s Services Post-Adoption Services 436 Sixth Avenue North Nashville, TN 37243-1290 (2)Requests for non-identifying information or transmittal of updated medical information will be processed on a first come, first serve basis in the order of receipt and after all other pending requests, unless the Department, in its sole discretion, determines that life threatening or medically terminal circumstances involving the requesting party warrant taking a particular request out of order, which reason shall be noted in the post-adoption record.

(3)Establishment of Eligibility:

(a)Records may be opened by the Department to determine relationship of the adopted person and other eligible persons requesting access to the records.

(b)Proof of relationship may be shown by any satisfactory evidence to the Department.

(c)The Post-Adoption unit staff will review all records to verify the individual’s identity and relationship to the adopted person and to determine eligibility of the person requesting to have non-identifying information from the record, or to update or transmit medical information.

(d)If relationship, verification of identity, or other facts necessary to permit release of nonidentifying information or transmittal of medical information cannot be determined from any information made available to the Department, or if other circumstances pursuant to these rules, including denial of a fee waiver, require, then the person requesting service shall be notified by the Department that the request for service has been denied, the person shall be notified of the

basis of denial in writing and the person may request a fair hearing pursuant to the Department’s rules.

(4)Non-identifying Information:

REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS

(a)When non-identifying information is noted in the record about an alleged birth parent/relative, the information will be released. Such information will be noted that the record only establishes an alleged relationship of parent or relative and the record does not, otherwise, establish any other relationship.

(b)Non-identifying information from sealed records, sealed adoption records or post-adoption records shall be granted by the Department to an eligible person as provided pursuant to this

Chapter when such person’s identity has been verified and such records exist. Non-identifying information from the home study will not be released.

(c)No request for non-identifying information shall be processed or provided until the fees required by 0250-1-2-.04 have been paid or a fee waiver determination required by 0250-1-2-.04 has been completed unless the Department shall determine, in its sole discretion, that access should be provided prior to payment of the fee or the fee waiver determination because of a life threatening medical emergency affecting the health, safety, or welfare of any person(s) or because of a medically terminal circumstance involving the requesting party.

(d)Non-identifying information is available for an adopted person under 18 years of age by request of the adoptive parent or legal representative of the adopted person.

(e)The alleged parent/relative is not an eligible person to receive non-identifying information.

(5)Transmittal of Updated Medical Information:

(a)Pursuant to T.C.A. § 36-1-135, transmittal of updated medical information for eligible persons shall be provided by the Department at no charge.

(b)Updated medical information shall be transmitted by the Department to affected eligible persons when such person’s identity has been verified and such records exist, provided that such information is in the form of written evidence from a licensed health care professional or from a licensed health care facility which explains the health care status of an eligible person and why the transmission of such information is necessary.

(c)No updated medical information will be transmitted on behalf of persons who do not meet eligibility requirements.

(d)When the records do not contain sufficient information to identify eligible individuals the Department will not conduct a search to update or transmit medical information.

(e)If the records indicate there are eligible individuals to or from whom the medical information should be transmitted, but the record does not establish their identity, the birth mother will be the source of information used to identify and locate these persons.

(f)The alleged parent/relative is not an eligible person for transmittal of updated medical information.

(g)Transmittal of updated medical information concerning a person under age eighteen (18) shall be made with the adoptive or legal parent or with the legal representative of the person.

(h)Transmittal of information shall be provided to the Department by means of a specific release for a stated purpose and the release shall be for a time period of four (4) months from the date the release is signed.(See Appendix).

REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS

(i)If any eligible person seeks additional or updated information for a medically established need as determined by written evidence from a licensed health care professional or a licensed health care facility pursuant to the requirements the Department shall contact the persons who have access to or who have or may have knowledge of such information and shall request the persons so contacted to provide such information to the Department for transmittal to the treating professionals or health care facility of the requesting party.

(j)Critical medical information (with identifying information deleted) provided by a licensed health care professional or a licensed health care facility will be shared when this information would assist in responding to a request.

(k)When transmittal of updated medical information is sought, the identities of any individual will not be released.

History

• Authority: T.C.A. §§ 37-5-105, 36-1-101 et seq., Section 13 of Public Chapter 1079 (1996), and Public Chapter 1054 (1996).
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-01-02-.04 shall be applied to each unit of service as stated in Section .04.

(43)Verification - The process of determining the correct identity and relationship of a person who seeks non-identifying information, or to update or transmit medical information and shall include any information contained in paragraph 44, and may include any other information satisfactory to the Department necessary to determine the person’s status as an eligible person.

(44)Written request - An inquiry made in writing by a potentially eligible person or their legal representative seeking information from the records of an adopted person. Such request must be by letter with the original signature of the person making the request and shall include the following:

(a)Name, date of birth, address and telephone number of the person requesting service;

(b)Information, including legal documents or affidavits which establishes the person’s legal relationship to a person involved in the adoption (adopted person, birth/adoptive/legal parent of REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS the adopted person, birth or adoptive siblings, lineal descendant of the adopted person, birth or legal grandparents of any degree, birth or legal aunts and uncles of any degree, birth or legal first cousin, or the legal representatives of any person listed above);

(c)Any other information the Department requires to establish the person’s identity;

(d)If the information in the written request does not establish the person’s right to have access to the information, the Department will search the sealed adoption records, sealed records and postadoption records, including those of other alleged siblings, if available, for information which may establish the person’s right to have such access as an eligible person.

History

• Authority: T.C.A. §§ 37-5-105, 36-1-101 et seq., Section 13 of Public Chapter 1079 (1996),and Public Chapter 1054 (1996).
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-11-.04 FEES AND CHARGES FOR NON-IDENTIFYING INFORMATION

(1)The fee for processing an initial written request for records pursuant to this Chapter shall be $45.00.

(2)Fee Waiver (a)Fee waiver determinations will be made only upon request of the individual after notice by the Department of the fee requirement following receipt of the person’s written request.

(b)No fee will be charged to any person who receives, or whose family unit currently receives, Temporary Assistance for Needy Families (TANF) or any other means-tested cash assistance program which may replace TANF, or Food Stamps or any other means-tested food assistance program which may replace the Food Stamp program, or if the person currently receives Medicaid or TennCare which is based upon a means test which places the person below Federal Poverty Guidelines as published in the Federal Register, or if the person receives any other means-tested medical assistance program which is based upon a means test which places the person below Federal Poverty Guidelines as published in the Federal Register, or if the person currently receives Supplemental Security Income (SSI) under Title XVI of the Social Security Act.

(c)The person requesting the fee waiver will be required to provide written verification of current eligibility for any of the above designated programs from the administering agency.

(d)If the person cannot show such verification of eligibility under the above programs, the person requesting the fee waiver will be required to complete a sworn declaration of the source and amount of income and resources on a form provided by the Department. If the person’s family unit’s income, based upon its size, does not exceed the current threshold level of income in the Federal Poverty Guidelines as published periodically in the Federal Register and if the family unit’s non-exempt resources do not exceed $1,000, the fee for search will be waived.

(3)Payments for release of non-identifying information shall be made to the Fiscal Services Section of the Department of Children’s Services, at the address given by the Department. Payments by mail may be made by personal check, cashier’s check, or money order payable to the Department of Children’s Services at this address. Cash will be accepted only when hand-delivered to the Fiscal Services Section at the address given by the Department.

REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS

(4)All fees or other charges shall be deposited with the State Treasurer in accordance with the provisions of T.C.A. § 9-4-301.

(5)Fees for service will be charged for each service requested on behalf of, or by each individual who requests service.

History

• Authority: T.C.A. §§ 37-5-105, 36-1-101 et seq., Section 13 Public Chapter 1079 (1996), and Public Chapter 1054 (1996).
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. 0250-7-11.05 APPENDIX-FORMS (1)The following form is used when a request for medical information is made by an adopted person or by a biological or legal relative or the legal representative of the adopted person and they have provided written evidence from a licensed health care professional or a licensed health care facility of a medically established need for additional or updated medical information pursuant to T.C.A. § 36-1-135, and the Department of Children’s Services, is contacting the persons who have access or who may have access to those records. (2)This information shall be confidential and shall only be disclosed as provided by T.CA. § 36-1-101 et seq. (3)Form: RELEASE OF INFORMATION FOR UPDATED MEDICAL INFORMATION TENNESSEE CODE ANNOTATED, § 36-1-135(c) This Release of Information should be used when a request for medical information has been made by an adopted person or by a biological or legal relative or the legal representative of the adopted person and they have provided written evidence from a licensed health care professional or a licensed health care facility of a medically established need for additional or updated medical information about an adopted person, or their biological or legal relatives and the Department of Children’s Services, is contacting the persons who have access to or have or may have knowledge of such information. See, T.C.A. 36-1-135. I, ______________________, (Name of Person Executing the Release) have been told by the Tennessee Department of Children’s Services that a person eligible to request updated medical, psychological, or psychiatric information has requested additional or updated medical, psychological, or psychiatric information to which I may have access or of which I may have knowledge. I understand that if I have authority to release such information, that such release is entirely voluntary on my part. 1. I hereby release the following specific information to the Tennessee Department of Children’s Services and its authorized agents to provide such information about me to the treating professionals or health care facilities for the purpose of assisting with the medical, psychological, or psychiatric care of the requesting party (Attach Additional Sheets if Necessary): ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ____________________ 2. Names and addresses of Treating Professionals or Health Care Facilities from Whom the Information May Be Released Pursuant to My Approval (Attach Additional Names if Necessary): a. _______________________________________________________________ REGARDING CERTAIN PERSONS AFFECTED BY ADOPTIONS b. _______________________________________________________________ c. _______________________________________________________________ d. _______________________________________________________________ e. _______________________________________________________________ f. _______________________________________________________________ 3. Other than the specific information given above, I wish to share other medical information about me and/or other relatives: (If information is given about other relatives, please specify their relationship to you.) ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________ 4. This Release Shall Expire in four (4) months from date of my signature unless otherwise stated here . Thereafter a new release must be executed for further release of additional or updated medical information. This the ___ day of , 20. Please Print: _____________________________ Name of Person Signing Release Signature: Authority: T.C.A. §§ 37-5-105, 36-1-101 et seq., Section 13 of Public Chapter 1079 (1996), and Public Chapter 1054 (1996).

Chapter 0250-07-12 Rules Governing Access to Adoption Records for Adoptions Finalized On and After March 16, 1951

Tenn. Comp. R. & Regs. 0250-07-12-.01 PURPOSE AND SCOPE OF CHAPTER

(1) The purpose of this Chapter is to provide, in compliance with T.C.A. §§ 36-1-127 - 36-1-132, and §§ 36-1-136 and 36-1-137, procedures for registering with the Contact Veto Registry, and access to records by eligible persons and other papers relating to adoptions or attempted adoptions of certain persons as defined herein, whose records, whether sealed, whether in any court record, or whether in any post adoption record, if the adoption was finalized by the entry of an order of adoption or an order of dismissal, or if the adoption petition was filed, on or after March 16, 1951, or which adoption was otherwise never completed due to the abandonment as determined by the Department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption.

(2) This Chapter does not govern access to record for persons whose adoptions were finalized by orders of adoption entered prior to March 16, 1951, or for whom surrenders for adoption were executed prior to March 16, 1951, or for persons who were subject to placement through the Tennessee Children’s Home Society, its branches and divisions. Persons in this class are given access to records pursuant to Chapter 0250-07-07 or as such Chapter may be redesignated.

History

• Authority: T.C.A. §§ 36-1-101, et seq., 36-1-139 through 36-1-141, 37-5-112, and 71-1-105(12); Public Chapter 901 (1992); Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed March 30, 1987; effective June 29, 1987. Repeal and new rule filed August 12, 1992; effective November 12, 1992. Rule 0250-07-12-.01 has been assigned a new control number, removed, and renumbered from Chapter 1240-07-06-.01 filed and effective April 2, 2001. Amendment filed October 26, 2001; effective January 9, 2002.

Tenn. Comp. R. & Regs. 0250-07-12-.02 DEFINITIONS

(1) Adopted Person:

(a) Any person who is or has been adopted under this part or under the laws of any state, territory, or foreign country.

(b) For purposes of the processing and handling of, and access to, any adoption records, sealed adoption records, sealed records, post-adoption records, or adoption assistance records pursuant to this part, this term shall also include a person for whom any of those records is maintained by the court, other persons or entities or persons authorized to conduct a surrender or revocation of surrender pursuant to this part, or which records are maintained by the Department, a licensed or chartered child-placing agency, a licensed clinical social worker, or the Department of Health or other information source, whether an adoption petition was ever filed, whether an adoption order was ever entered, whether the adoption was ever dismissed, whether the adoption was ever finalized, or whether the adoption was attempted or was otherwise never completed due to the abandonment of any necessary activity related to the completion of the adoption.

(c) Whenever used, the term “adopted person” shall mean persons in subparagraphs (a) and (b).

(2) Adoption - The social and legal process of establishing by court order, other than by paternity or legitimation proceedings or by voluntary acknowledgment of paternity, the legal relationship of parent and child.

(3) Adoption Record - The records, reports, and papers, including those of termination of parental rights or adoption proceeding, maintained about an adopted person by the clerk or judge of the court where the adoption petition is filed, where a surrender or revocation of a surrender is filed, or by any other person who is authorized to witness the execution of surrenders or revocation of surrenders, or by the state, district or county offices of the Department, or by a licensed or chartered child-placing agency, or by any other information source and which record contains all social, medical, legal or other information concerning a person who has been placed for adoption or for an adopted person, or a person for whom adoptive placement activities are currently occurring, and which existed prior to its becoming a sealed record or a sealed adoption record; provided, however, that the adoption record shall not include any home study or preliminary home study or any information obtained by the Department, a licensed child-placing agency, a licensed clinical social worker, or an attorney in connection with a home study or adoption proceeding other than that which is expressly included in a report to the court by such persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to T.C.A. § 36-1-138.

(4) Adoptive Parent(s) - The person(s) who have been made the legal parent(s) of a child by the entry of an order of adoption under the provisions of the law of any state, territory, or foreign country.

(5) Advance Notice Registry:

(a) A Registry established and maintained by the Department for the purposes of permitting registration by eligible individuals who wish to receive advanced notification prior to the release of adoption records, sealed records, sealed adoption records, postadoption records or any other records or papers which may contain identifying information regarding such person.

(b) This record is confidential and shall be opened only as provided by T.C.A. § 36-1-138.

(6) Alleged Parent - A person who was named or described in the sealed record or the sealed adoption record as a parent of the adopted person, but who does not otherwise meet the definition of biological parent pursuant to these rules.

(7) Automatic Veto - The process whereby the spouses, siblings or future siblings, lineal descendants and lineal ancestors and any spouses of those persons are automatically protected by a Contact Veto filed by an eligible person in conformity with the procedures set forth in T.C.A. §§ 36-1-128, 36-1-129 and 36-1-130.

(8) Biological Parent - Based on a birth certificate, a court order, an unqualified surrender of parental rights, or based on an unqualified acknowledgment of parenthood, or any other document contained in the sealed records or the sealed adoption records, the person(s) identified as the birth parent(s) who genetically conceived the adopted person. The information in the adoption records, sealed records, and sealed adoption records must be consistent as to the identity of the biological parent.

(9) Biological Relative - The biological parents or child, the brothers and sisters of the whole or half blood, the blood grandparents of any degree, the blood aunts or uncles, or the blood cousins of the first degree of an adopted person or person for whom any adoption records, sealed record, sealed adoption record or post-adoption records are maintained.

(10) Chartered Child-Placing Agency - For purposes of this Chapter, an agency which had received a charter from the State of Tennessee through legislative action or by incorporation for the operation of an entity or a program of any type which engaged in the placement of children for foster care or residential care as part of a plan or program for which those children were or could have been made available for adoptive placement and which may have, at sometime during its existence, become subject to any licensing requirements by the Department or its predecessors.

(11) Child - Any person under eighteen (18) years of age.

(12) Contact Veto Registry - A Registry established and maintained by the Department for the purposes of permitting registration of the willingness or unwillingness of eligible persons or classes of persons for contact with persons eligible to have access to any records covered by this part; provided, however, the Contact Veto Registry shall not be applicable to records requested pursuant to T.C.A. § 36-1-127(b). Registration on the Contact Veto Registry will not be permitted until a form developed by the Department is properly completed by the requesting party and submitted with the fee established by the Department.

(13) Court - The chancery, circuit, or former county courts, or other courts in Tennessee which have or may have possessed adoption jurisdiction at any time, or for the purpose of accepting a surrender of parental rights, the juvenile, circuit or chancery courts, in Tennessee.

(14) Court Report - The report to the adoption or surrender court in response to an order of reference which describes to the court the status of the child and the prospective adoptive parents or the persons to whom the child is surrendered. Such a report may be preliminary, supplementary, or final in nature. The court report shall not include the home study or preliminary home study, but instead shall include a summary of such study.

(15) Crisis Pregnancy Counseling - Any counseling provided by the Department, a licensed childplacing agency or licensed clinical social worker related to the pregnancy, planning and decisions for the expected child by his/her mother.

(16) Department - The Tennessee Department of Children’s Services or any of its divisions or units.

(17) Department of General Services - The state executive branch agency which maintains the State’s records management center and in which the sealed records or sealed adoptions records are stored.

(18) Department of Health - The state executive branch agency which administers the Division of Vital Statistics, which Division maintains records of births.

(19) Eligible Person - A person who is verified by the Department as being in the class of individuals who is permitted by T.C.A. §§ 36-1-128 and 36-1-303 and this Chapter to receive access to records or to file with the Contact Veto Registry or the Advance Notice Registry.

The alleged parent/relative is not an eligible person for access to records.

(20) Family Unit - A group of two or more persons residing together who are related by blood, marriage, or adoption. A person whose work, study, treatment or care results in only temporary, periodic, or otherwise time-limited absence from the family unit shall be deemed to be a member of the family unit to which he or she usually returns to reside at the end of such absences. Any person who receives 50% or more of his or her support, in cash or inkind, from persons to whom he or she is related by blood, marriage or adoption shall, for purposes of income and resource determination, also be deemed to be a member of the family unit which contributes the greatest percentage of such support.

(21) Guardian or Co-Guardian:

(a) A person or persons of an entity, other than the parent of a child, appointed by a court or defined by law specifically as “guardian” or “co-guardian” or “conservator” to provide supervision, protection for and care for the person or property or both, of a child or adult. This may also include the Department, a licensed child-placing agency or a child caring agency.

(b) This term also means a person or entity appointed as guardian(s) as the result of a surrender, parental consent, or termination of parental rights.

(22) Home Study - The product of a preparation process in which individuals or families are assessed by themselves and the Department or licensed child-placing agency, or a licensed clinical social worker as to their suitability for providing foster care or adoption and their desires with regard to the child they wish to adopt. The home study shall conform to the requirements set forth in the rules of the Department and becomes a written document which is used in the decision to approve or deny a particular home for adoptive placement. The home study shall be confidential, and at the conclusion of the adoption proceeding shall be forwarded to the Department to be kept under seal pursuant to T.C.A. § 36-1-126, and shall be subject to disclosure only upon order entered pursuant to T.C.A. § 36-1-138.

(23) Identifying Information - Any information contained in an adoption record, sealed record, sealed adoption record, or post adoption record not permitted to be released pursuant to T.C.A. § 36-1-133(b)(1)–(7).

(24) Incest - This term shall have the same meaning as set forth in Tennessee Code Annotated, § 39-15-302, or as such section may be amended.

(25) Information Sources - The courts, agencies, or entities which maintain or have maintained information directly related to the adoption, the placement, or potential placement for adoption of an eligible person.

(26) Last Known Address - The latest complete mailing address of an individual identified in the adoption record, or a sealed record, sealed adoption record, or post adoption record as maintained by the Department. For purposes of searches involving people registered with the Contact Veto Registry, the last known address will be the most recent address filed with the Registry. For the adopted person, the last known address will be that address contained in the post adoption record or if no post adoption record exists, the last known address will be the address contained in the sealed records.

(27) Legal Parent:

(a) The biological mother of a child;

(b) A man who is or has been married to the biological mother of the child if the child was born during the marriage or within 300 days after the marriage was terminated for any reason, or if the child was born after a decree of separation was entered by a court;

(c) A man who attempted to marry the biological mother of the child before the child’s birth by a marriage apparently in compliance with the law, even if the marriage is declared invalid, if the child was born during the attempted marriage or within 300 days after the termination of the attempted marriage for any reason;

(d) A man who has been adjudicated to be the legal father of the child by any court or administrative body of this State or any other state or territory or foreign country or who has signed, pursuant to T.C.A. §§ 24-7-118, 68-3-203(g), 68-3-302 and 68-3-305(b), an unrevoked surrender and sworn acknowledgment of paternity under the provisions of Tennessee law, or who has signed a sworn acknowledgment pursuant to the law of any other state, territory, or foreign country; or (e) An adoptive parent of a child or adult.

(28) Legal Relative - The person who is included in the class of persons set forth in the definition of “biological relative” or “legal parent”, and who, at the time a request for search services or information is made pursuant to T.C.A. §§ 36-1-101 et seq. is related to the adopted person by any legal relationship established by law, court order, or by marriage, but specifically includes, in addition, a step-parent.

(29) Legal Representative:

(a) The conservator, guardian, legal custodian, or other person or entity with legal authority to make decisions for an individual with a disability, or an attorney-in-fact, an attorneyat-law representing a person for purposes of obtaining information pursuant to this part, or the legally appointed administrator, executor, or other legally appointed representative of a person’s estate, or (b) Any person acting under any durable power of attorney for health care purposes or any person appointed to represent a person and acting pursuant to a living will.

(c) For purposes of this definition, “disability” means that the individual is a minor pursuant to any state, territorial, or federal law, or the law of any foreign country or that the individual has been determined by any such laws to be in need of a person or entity to care for the individual due to that individual’s physical or mental incapacity or infirmity.

(d) Authority to act on behalf of an individual shall be presented to the Department by way of certified copies of orders or powers, or signed statements authorizing representation by attorneys at law.

(30) Licensed or Chartered Child-Placing Agency - Any agency operating under a license to place children for adoption issued by the Department, or by a charter from the State of Tennessee as described in 0250-07-12-.02(10).

(31) Licensed Clinical Social Worker - An individual who holds a license as an independent practitioner from the board of social worker certification and licensure pursuant to T.C.A. §§ 63-23-101 et seq. and in addition, is licensed by the Department to provide foster care placement services and adoption placement services.

(32) Lineal Ancestor - Any degree of grandparent or great-grandparent, either by birth or adoption.

(33) Lineal Descendant - A person who descended directly from another person who is the biological or adoptive ancestor for such person, such as the daughter of her mother or granddaughter of her grandmother.

(34) Parents - Any biological, legal, adoptive parent, or for purposes of T.C.A. §§ 36-1-127 through 36-1-141, step-parents. “Step-parent” shall mean the current husband or wife of the adopted person’s biological, legal or adoptive parent.

(35) Post Adoption Unit - The unit in the state office of the Department responsible for maintaining post adoption records, conducting search requests and opening or approving the opening of adoption records, sealed records, sealed adoption records, or post adoption records pursuant to Title 36, Chapter 1, Part 1 of the Tennessee Code Annotated.

(36) Post-Adoption Record means:

(a) The record maintained in any medium by the Department, separately from the sealed record or sealed adoption record and subsequent to the sealing of an adoption record or which is maintained about any sealed record or sealed adoption record. The postadoption record contains information, including, but not limited to, adopted persons or the legal or biological relatives of adopted persons, or about persons for whom sealed records or sealed adoption records are maintained, or about persons who are seeking information about adopted persons, or persons on whom a sealed record or sealed adoption record is maintained, and the post-adoption record contains information concerning, but not limited to, the Contact Veto Registry established by this part, the written inquiries from persons requesting access to records, the search efforts of the Department pursuant to the requirements of the Contact Veto process, the response to those search efforts by those persons sought, information which has been requested to be transmitted from or on behalf of any person entitled to access to records pursuant to this part, any updated medical information gathered pursuant to this part, court orders related to the opening of any sealed adoption records or sealed records, and personal identifying information concerning any persons subject to the provisions of this part.

(b) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to T.C.A. § 36-1-126(b)(2), which indicates the child’s date of birth, the date the agency received the child for placement, from whom the child was received and such person’s last known address, with whom the child was placed and such person’s or entity’s last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered or the adoption petition dismissed.

(c) This record is confidential and shall be opened only as provided by T.C.A. §§ 36-1-101 et seq. and this Chapter.

(37) Rape - This term shall have the same meaning as set forth in T.C.A. §§ 39-13-502 and 39- 13-503 and as those sections may be amended, but shall not include statutory rape as defined in Tennessee Code Annotated, Section 39-13-506 as that section may be amended.

(38) Record - Any paper, report, document, or photograph, or other medium of preservation of information. For purposes of this Chapter, a record which may be available to an eligible person shall not include the remaining names of other persons on a list, log, or roll maintained by the Department or any other entity who are not, as determined by the Department, a part of the eligible person’s request for service.

(39) Resources - For purposes of these rules, resources shall include only the following assets of the requesting person or any other member of his or her family unit.

(a) Cash;

(b) Accounts in financial institutions, certificates of deposits, or any other evidence of financial assets;

(c) Stocks;

(d) Bonds;

(e) Securities;

(f) Cash value of life insurance policies;

(g) Notes receivable;

(h) The equity value of any real property which is not the primary home, farm, or business operation of the family unit;

(i) The equity value of any vehicles owned by the adopted person, his or her siblings, or lineal descendants, or members of the family unit in excess of one vehicle per member of the family unit;

(j) The equity value of personal property of the family unit, in addition to subparagraphs (a)-(g) which exceeds $10,000; and (k) All assets which are shown to be pledged as security for loans or mortgages shall be excluded from countable resources.

(40) Sealed Adoption Record means for purposes of this Chapter:

(a) The adoption record as it exists subsequent to its transmittal to the Department, or subsequent to its sealing by the court, pursuant to the requirements of T.C.A. § 36-1- 126, or (b) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to T.C.A. § 36-1-126(b)(2).

(c) This record is confidential and shall be opened only as provided by T.C.A. §§ 36-1-101 et seq. and this Chapter.

(d) The sealed adoption record shall not, for purposes of release of the records pursuant to T.C.A. §§ 36-1-127 through 36-1-141 be construed to permit access, without a court order pursuant to T.C.A. § 36-1-138, to home studies or preliminary home studies or any information obtained by the Department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies which are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to T.C.A. § 36-1-138.

(41) Sealed Record means for purposes of this Chapter:

(a) Any records, reports or documents maintained by a judge, a court clerk, the Department, a licensed or chartered child-placing agency, a licensed clinical social worker, the Department of Health, or any other information source which consists of adoption records or information about an adoption proceeding or a termination of parental rights proceeding about an adopted person, or which contain information about a person who was placed for adoption but for whom no adoption order was entered or for whom an adoption proceeding was dismissed or for whom an adoption was not otherwise completed, or which contain information concerning persons in the care of any person or agency, and which records have otherwise been treated and maintained by those persons or entities under prior law, practice, policy, or custom as confidential, non-public adoption records, sealed adoption records, or post-adoption records of the person, or which may be otherwise currently treated and maintained by those persons or entities as confidential, non-public adoption records, sealed adoptions records or post-adoption records of the person; or (b) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to T.C.A. § 36-1-126(b)(2).

(c) This record is confidential and shall be opened only as provided by T.C.A. §§ 36-1-101 et seq. and this Chapter.

(d) The sealed record shall not, for purposes of release of the records pursuant to T.C.A. §§ 36-1-127 through 36-1-141 be construed to permit access, without a court order pursuant to T.C.A. § 36-1-138, to home studies or preliminary home studies or any information obtained by the Department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies which are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant T.C.A. § 36-1-138.

(42) Sibling - Anyone having a sibling relationship.

(43) Sibling Relationship - The biological or legal relationship between persons who have a common biological or legal parent.

(44) Surrender - A document executed under the provisions of T.C.A. § 36-1-111 or under the laws of another state or territory or country, by the parent or guardian of a child, by which that parent or guardian relinquishes all parental or guardianship rights of that parent or guardian to a child, to another person or public child welfare agency or licensed child-placing agency for the purposes of making that child available for adoption.

(45) Sworn Statement - A notarized form completed and submitted by an eligible person prior to their receiving access, under this Chapter, to adoption records, sealed adoption records, sealed records or post adoption records. By signing this statement the person agrees that after receiving the records, the person will not contact or attempt to contact in any manner, by themselves or in concert with any other persons or entities, an adopted person or a person for whom sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained until the adopted person being sought has consented to contact, or any of the persons who have filed or who are eligible to file a contact veto pursuant to T.C.A. § 36-1-128, or persons to whom an automatic veto applies under T.C.A. § 36-1-130 until the Department has completed the search of the Contact Veto Registry and/or search for the person being sought as provided in T.C.A. § 36-1-130 or pursuant to T.C.A. § 36-1-131 and written notification of the results of the search request have been given to the requesting person. The sworn statement shall contain language, which shall be acknowledged by the requesting party, concerning the existence of the contact veto procedure and the legal remedies for breach of the contact veto.

(46) Terminated for Cause - Court-ordered severance of parental rights on an involuntary basis.

(47) Unit of Service - As used in this Chapter, a unit of service shall consist of the process required to open each record necessary to fulfill the request for services and conduct searches for persons with whom contact is sought. A unit of service shall also include the search for records not held by the Department for each person for whom the request is made and registering, altering or withdrawing a request with the Contact Veto Registry. The fee for service charged pursuant to Section 0250-07-12-.07 shall be applied to each unit of service as stated in Section 0250-07-12-.07.

(48) Verification - The process of determining the correct identity and relationship of a person who seeks to obtain access to any adoption records, sealed records, sealed adoption records, or post adoption records and shall include any information contained in 0250-07-12-.02(49) and may include any other information satisfactory to the Department necessary to determine the person’s status as an eligible person.

(49) Written Request - An inquiry made in writing by a potentially eligible person or their legal representative seeking access to the records of an adopted person or persons for whom records are maintained which were sealed on or after March 16, 1951. Such request must have the original signature of the person making the request and shall include the following:

(a) Name, date of birth, address and telephone number of the person requesting service;

(b) Information, including legal documents or affidavits which establishes the person’s legal relationship to a person involved in the adoption (adopted person 21 years of age or older, birth/adoptive/legal parent of the adopted person, siblings, lineal descendants, or lineal ancestors of the adopted person or legal representative of the requesting party), or which otherwise establishes the person’s right to request access.

(c) Any other information the Department requires to establish the person’s identity;

(d) Shall include identification of any person(s) or class of persons, if any, with whom the requesting party seeks contact;

(e) If the information in the written request does not establish the person’s right to have access to the records, the Department will search the sealed records, sealed adoption records and post-adoption records, including those of other alleged siblings, if available, for information which may establish the person’s right to have such access as an eligible person.

History

• Authority: T.C.A. §§ 36-1-101, et seq., 37-5-112, and 71-1-105(12); Public Chapter 901 (1992); Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed August 12, 1992; effective November, 1992. Rule 0250-07-12-.02 has been assigned a new control number, removed, and renumbered from Chapter 1240-07-06-.02 filed and effective April 2, 2001. Amendment filed October 26, 2001; effective January 9, 2002.

Tenn. Comp. R. & Regs. 0250-07-12-.03 PROCEDURES FOR PROVISION OF SERVICES

(1) Access to Records:

(a) Access to adoption records, sealed records, sealed adoption records, or post adoption records shall be granted by the Department to an eligible person when such person’s identity has been verified, when such records exist and when the other requirements of this Chapter are met with regard to completion of sworn statements regarding restrictions on contact, written consents by adopted persons or the birth mother who was the victim of rape or incest, notification is given in accordance with the Advanced Notice Registry, the payment of fees, and all other necessary requirements.

(b) If the adoption of the person seeking access was finalized by the entry of an order of adoption or an order of dismissal, or if the adoption petition involving the person was filed prior to March 16, 1951, or if the adoption of the person was otherwise never completed due to the abandonment, as determined by the Department, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or a surrender of such person was executed prior to March 16, 1951, and a record exists, services to eligible persons will be provided under Chapter 0250-07-07 (or as such

Chapter may be redesignated), Access to Adoption Records Finalized Prior to 1951 and Access to Records Maintained by the Tennessee Children’s Home Society.

(c) When the record does not establish that the surrender or termination of parental rights involving the adopted person or a person for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained occurred, or that the adoption became final or was otherwise never completed, prior to March 16, 1951, services will be provided under the provisions of this Chapter.

(d) The Department will authorize access to such other records held by other information sources to persons eligible for such information for purposes of this Chapter.

(e) All requests for service must be in writing to the Department’s Post Adoption Unit.

(2) Requests for access to records will be processed on a first come, first serve basis in the order of receipt, unless the Department, in its sole discretion, determines that life threatening or medically terminal circumstances involving the requesting party warrant taking a particular request out of order, which reason shall be noted in the post-adoption record.

(3) No search for or authorization for access to records shall be processed or copies of records provided until the fees required by 0250-07-12-.07 have been paid or a fee waiver determination required by 0250-07-12-.07 has been completed unless the Department shall determine, in its sole discretion, that access should be provided prior to payment of the fee or the fee waiver determination because of a life threatening medical emergency affecting the health, safety, or welfare of any person(s) or because of a medically terminal circumstance involving the requesting party.

(4) After the initial search and response to the requesting party, the Department will not conduct another search for six (6) months unless, in the Department’s sole determination, satisfactory evidence is provided that warrants further attempts and processing of a request for access to records. No more that two (2) records search or contact attempts shall be required to be conducted by the Department, unless, in the Department’s sole discretion, circumstance warrant further attempts.

(5) The Department will notify the requesting party of the preliminary findings regarding eligibility determination and the fee for the opening of the sealed record or the sealed adoption record to further verify eligibility.

(6) Whenever a determination of the death of a person is necessary to process records requests pursuant to this Chapter, the determination shall be made by the presentation of a death certificate, an obituary from a newspaper which shows the date of publication, by court order, or by such other reliable demonstration of such event as the Department may determine, in its sole discretion, is satisfactory evidence of such event.

History

• Authority: T.C.A. §§ 36-1-101, et seq., 36-1-131, 36-1-139 through 36-1-141, 37-5-112, and 71-1- 105(12); Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed August 12, 1992; effective November 12, 1992. Rule 0250-07- 12-.03 has been assigned a new control number, removed, and renumbered from Chapter 1240-07-06- .03 filed and effective April 2, 2001. Amendment filed October 26, 2001; effective January 9, 2002.

Tenn. Comp. R. & Regs. 0250-07-12-.04 PERSONS ELIGIBLE TO REQUEST AND RECEIVE ACCESS TO RECORDS

(1) If the adoption of the person for whom access to the adoption records, sealed records, sealed adoption records, or post-adoption records is sought was finalized by the entry of an order of adoption or an order of dismissal, or if the adoption petition involving the person was filed on or after March 16, 1951, or if adoption of the person was attempted or otherwise never completed due to the abandonment as determined by the Department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and a record exists, access to those records as permitted by this Chapter will be provided to an eligible person pursuant to the following provisions, the Contact Veto provisions in Section 0250-07- 12-.06, the verification requirements of this Chapter and following the required payment of or waiver of any fees set forth herein, and any other necessary requirements of this Chapter.

(2) The following are persons eligible to request access to records:

(a) An adopted person twenty one (21) years of age or older, for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, or the legal representative of such person; and which adoption was finalized by the entry of an order of adoption or an order of dismissal, or if the adoption petition was filed for such person on or after March 16, 1951, or which adoption of such person was otherwise never completed due to the abandonment, as determined by the Department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption; and (b) The birth/adoptive/step parents, the siblings, lineal ancestors or lineal descendants, or their legal representatives, of the adopted person or a person twenty-one (21) years of age or older, or a person for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, with the express written permission of the adopted person or a person for whom sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained. Without the written consent of the adopted person or a person for whom sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, the only information that will be released from the records to persons eligible pursuant to T.C.A. § 36-1-133(a) in this subparagraph is non-identifying information as permitted by T.C.A. § 36-1-133(b)(1)–(7).

(3) Except in cases arising pursuant to Tennessee Code Annotated, § 36-1-127(b) or § 36-1- 138, no access to identifying information in any adoption record, sealed record, sealed adoption record, post adoption record or adoption assistance record, shall be granted:

(a) To any parent, pre-adoptive guardian, sibling, lineal descendant or lineal ancestor of a person for whom records are maintained under the age of twenty-one (21); or (b) At anytime to the adoptive person’s parent or pre-adoptive guardian, whose rights were involuntarily terminated for cause in a termination of parental rights proceeding, or the spouse of such person, or to the adopted person’s sibling, lineal ancestor, or legal representative of such person; or (c) To any persons whom the sealed record, sealed adoption record or the post adoption record indicate were guilty of a crime of violence or neglect (as neglect is defined in the Department’s Child Abuse Manual) involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent.

(4) Eligibility requirements for access to records:

(a) Verification of the identity of the requesting party must be made in such manner as is satisfactory to the Department based upon the review of the records or based upon any other satisfactory information provided by the requesting party.

(b) Fees as provided in Section 0250-07-12-.07 must be paid or waived as provided by

Section 0250-07-12-.07.

(c) Persons who are eligible to receive access must sign a sworn statement regarding restrictions on contact as described in the definition in Section 0250-07-12-.02(45) of this Chapter.

(d) A new Sworn Statement may be filed at any point prior to initiation of the search. Once the search has been initiated, the search must be completed in accordance with the Sworn Statement on file at the time the search was initiated.

(e) The adopted person and the other eligible individual must be twenty-one (21) years of age or older.

(f) No identifying information from the records, sealed adoption records or post adoption records shall be released without the written consent of the biological mother if such records indicate by any evidence that, with respect to the adopted person, the biological mother was the victim of rape or incest.

1. If, after a diligent search for a biological mother who is determined to have been the victim of rape or incest, the Department obtains information about the death of such parent, the requesting party will be notified of that person’s death and whether or not the Department has verified this fact.

2. If, after a diligent search for a biological mother who is determined to have been the victim of a rape or incest, the Department is unable to locate the biological mother, the requesting person will be notified and no access to records will be permitted except as otherwise permitted by Tennessee Code Annotated, § 36-1- 138(c)(7).

History

• Authority: T.C.A. §§ 36-1-101, et seq.; Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002.

Tenn. Comp. R. & Regs. 0250-07-12-.05 PROCEDURES FOR ACCESS TO RECORDS:

(1) When a request is made by an adopted person or a person for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, the Department will make a determination of eligibility as set forth in Section 0250-07-12-.04 above and shall require the requesting party to sign the sworn statement acknowledging the restrictions on contact with persons who are eligible to file or who are protected by a contact veto or who may otherwise be protected from contact without their written consent.

(2) If after review of all available information the Department is unable to verify the adoptive status of an individual or the relationship of biological or legal relatives, no access to records, no authorization for contact and no transmittal of information as permitted by this Chapter will be authorized.

(3) If relationship, verification of identity, or other facts necessary to permit access to the records cannot be determined from any information made available to the Department or if other circumstances pursuant to these rules, including denial of a fee waiver, require, then the person requesting access shall be notified by the Department that access to the records has been denied. The requesting person shall be notified of the basis for denial of access in writing and the person may request a fair hearing pursuant to the Department’s rules.

(4) Prior to the release of any records to an eligible person, written notification will be given to a person registered on the Advance Notice Registry, who is identified in the adoption record, sealed record or sealed adoption record. A period of notice will be given 15 days prior to release of records.

(a) Persons eligible to register with the Advance Notice Registry include those persons eligible for access to records pursuant to T.C.A. § 36-1-127(c).

(b) To be registered with the Advanced Notice Registry, an eligible person must notify the Department in writing on a form provided by the Department, provide satisfactory proof of identity and pay the fees in accordance with 0250-07-12-.07 or be determined eligible for a fee waiver in accordance with 0250-07-12-.07.

(c) A person whose name is entered in the Advance Notice Registry shall advise the Department any change in the person’s address. Such notice must be in writing to the Department.

(5) If the requesting person seeks contact with any persons eligible to file a contact veto, the Department shall search the Contact Veto Registry pursuant to Section 0250-07-12-.06 to determine the status of contact vetoes.

(6) If consent for contact is shown from the Registry records or is given by the person with whom contact is sought either by withdrawing or varying the veto, or if the adopted person or a person for whom records are maintained as described in T.C.A. § 36-1-127(c)(1)(A), or their legal representative, give permission for contact or for release of identifying information, the department shall, upon satisfactory proof of identity of the person who wishes to file a written withdrawal or variance of the contact veto and in conformity with the consent or the varied veto, notify the person making the original request of this fact and shall provide such information as may be available to establish contact or shall provide such identifying information as may be released from any record in conformity with this part by the adopted person or a person for whom records are maintained as described in T.C.A. § 36-1- 127(c)(1)(A), or their legal representative.

(7) If the contact veto remains intact, or if the adopted person or a person for whom records are maintained as described in T.C.A. § 36-1-127(c)(1)(A), or their legal representative, refuse contact or refuse to release identifying information, the person making the request for contact or information may place his or her name, address, and telephone number in the Registry to request notification from the department should the contact veto be varied or withdrawn or permission for release of identifying information be given, or such requesting person may, in writing, permit the department to release his or her name, address, and telephone number to the person who had entered the contact veto or who had denied contact or who had denied the release of identifying information, and that person may contact the requesting person at his or her discretion without further involvement of the Department.

(8) If the person with whom contact is sought is not registered with the Contact Veto Registry, the Department shall conduct a diligent search for such person. Such search shall be based upon information contained in the sealed records, sealed adoption records, or post-adoption records or such other information as may be made available to the Department.

(9) If after the diligent search, the person being sought cannot be located, the diligent search efforts will be reviewed by the Program Manager for Post Adoption Services. Such review shall include, but not be limited to, a review of the information contained in the sealed records, the sealed adoption record(s), the post adoption records and any other available information source used by the Program Specialist or Case Manager in conducting the diligent search. The Program Manager will ensure that, in the Department’s discretion, all leads have been thoroughly exhausted prior to the search efforts being shared with the person to whom service is being rendered.

(10) After the completion of a diligent search and notification to the person sought of the inquiry and the Department’s determination of relationship to the requesting party, the person sought will be given ninety (90) days from the date written notice is sent by the Department to submit the Contact Veto Registry form with the fee to register their desires for contact with the Contact Veto Registry.

(11) If the no contact statement is timely and effectively filed as required by Section 0250-07-12- .06, the person requesting contact shall be notified and no contact will be permitted. If the no contact statement is not timely and effectively filed, then the requesting party shall be notified and there will be no further restrictions on the requesting party for contact with the person sought, unless such person is an adopted person or a person for whom records are maintained as described T.C.A. § 36-1-127(c)(1)(A) or unless such person is a person for whom an automatic veto applies pursuant to T.C.A. § 36-1-130(a)(6)(A)(I). Written notice shall be effective upon the date the notice is sent.

(12) If a request is made under this Chapter to have contact with an adopted person or person for whom records are maintained as described in T.C.A. § 36-1-127(c)(1)(A) by an eligible parent, sibling, lineal descendant, or lineal ancestor of such person or the legal representative of the requesting party under this provision, the department will make a diligent effort to contact the adopted person or person for whom records are maintained as described in T.C.A. § 36-1-127(c)(1)(A), or such person’s legal representatives, based upon information contained in any records which it maintains or based upon any information which it is given by the parent, sibling, lineal descendant, or lineal ancestor of such person or the legal representative of those persons. The Department shall determine if the adopted person or person for whom records are maintained as described in T.C.A. § 36-1-127(c)(1)(A) who is twenty-one (21) years of age or older, or such person’s legal representative wishes to permit contact or wishes to release identifying information. They may then give the Department written direction relative to the desire for contact or for the extent of identifying information such person wishes to release.

(13) If permission is given by the adopted person or a person for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, the Department will require the requesting person or such person’s legal representative, to sign the sworn statement concerning restrictions on contact or use of any identifying information permitted or allowed to be released under this

Chapter.

(14) Any Tennessee courts, the Tennessee Department of General Services or Health, licensed child-placing agencies, or licensed clinical social worker, who are requested by any eligible person for access to records must receive authorization for release of information from the Post Adoption Unit of the Department; provided this shall not be construed to preclude the opening of such records by court order as provided by law.

(15) When the adopted person’s birth was the result of rape or incest the biological mother must consent to the release of the records or information contained in the records.

(16) If an adopted person is deceased or is disabled as defined for purposes of appointment of conservator under Title 34 of the Tennessee Code Annotated, the lineal descendants may petition the court pursuant to T.C.A. § 36-1-138(c)(7), to be given access to the records of such person. A lineal descendant given access to records under that provision is subject to all the requirements of the Contact Veto process.

(17) The requesting person will only have access to information which is a part of the adoption records, sealed records, sealed adoption records and post-adoption records at the time access to the records is allowed. Any information placed in the post-adoption records after access to the records and as a result of a diligent search will be sent to the requesting person at the conclusion of the diligent search and provision of service. Any information placed in the post adoption record subsequent to sending the information gathered as a result of the diligent search and provision of service will only be made available upon subsequent written request and payment of the fee by the requesting person.

(18) The Post-Adoption Unit staff will review all records prior to their release to the adopted person or other eligible persons to determine eligibility of the person requesting to have access.

(19) When review of the record reveals that information in the records pertains to other individuals not a party to the adoption or placement of, or maintenance of a record about, an adopted person, or other eligible persons requesting the records, and the review demonstrates to the Department that the record has apparently been misfiled, that information will be reviewed by the Director of Adoptions and such information will be removed and filed in the correct adoption record, sealed record, sealed adoption record or post-adoption record or in a new sealed record created for the holding of such information.

(20) Home studies pertaining to adoptive parents will be removed from the sealed records or sealed adoption records prior to the review and/or copying of the record for the eligible person. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling will be removed from the sealed records or sealed adoption records prior to the review and/or copying of the record for the eligible person.

(21) Verification:

(a) Records will be opened by the Department to determine the adoptive status of the adoptive person and the relationship of the adopted person and other legal and biological relatives requesting access to the records. Information in the record must verify or substantiate the information supplied by the person sought or the requesting person.

(b) Proof of relationship must be shown by satisfactory evidence to the Department.

(c) If after review of all available information the Department is unable to verify the adoptive status of an individual or the relationship of biological or legal relatives, or the status of any legal representative, no access to record, no authorization for contact or no transmittal of information will be authorized.

(22) Distribution of photographs and letters/cards:

(a) Any photographs or letters/cards addressed to a specific individual contained in the sealed records or sealed adoption records and post-adoption records shall be given to the adopted person or person to whom the letter is addressed who requests access to the record. Photocopies of such pictures/letters/cards shall be made for the sealed record, sealed adoption record, or post-adoption record, and a notation will be made in the sealed record, the sealed adoption records, and in the post-adoption records stating to whom the photographs/letters/cards were given and the date such original photographs/letters/cards were removed from the record.

(b) In the event the adopted person is deceased, the original photographs will be given to the lineal descendant who first receives a copy of the record by court order pursuant to T.C.A. § 36-1-138(c)(7). Photocopies of the photographs/letters/cards will be made and preserved as stated in subparagraph (a) above.

(23) Procedure when no sealed record or sealed adoption record exists under the supervision of the Department:

(a) When no sealed record or sealed adoption record is on file with the Department, the identity of the person making the request for access to a record in any information source must be verified and the person determined to be eligible to have access to the record. The eligible person must identify the Tennessee court believed to have granted the adoption or which had jurisdiction of the adopted person’s adoption proceeding and/or the Tennessee licensed or chartered child-placing agency which had made the placement of the adopted person or which had maintained the person’s record.

(b) If the Tennessee agency is no longer in existence the Department will not conduct a search for the record of that agency, unless information is provided to the Department which will enable the Department to locate the record.

(c) When the request for access to a record or contact with an eligible person is made by a biological relative and no sealed record or sealed adoption record is on file with the Department, the person making the request must provide information such as the individual’s full name, date of birth, county of birth, full names of individual’s parents, and/or the Tennessee licensed or chartered child-placing agency with whom the birth parent(s) had received service.

(d) When a request for service is received and Department has no sealed record or sealed adoption record, the person requesting the service will be notified. This notification will explain the services available to search for a record, any additional information which may be needed for the search, and the fee for the service.

(24) Those persons who, according to the post-adoption file, have received a copy of their sealed record or sealed adoption record by court order, but have not had access to the postadoption record and/or wish to receive a letter of authorization for information from any other information sources, will be notified of the services available and the procedures necessary to access the record, and the fee for such service. For those eligible persons who have received all records, including sealed records, sealed adoption records, and post-adoption records, and who are only requesting a letter of authorization, such letter of authorization will be provided to such persons. No authorization for a release of information from any other information sources will be provided by the Department until the fee for service has been received or the fee waiver request has been granted or the fee waived as otherwise provided herein.

(25) All courts and agencies which are discovered not to have sent to the Department information which should be a part of the sealed record or the sealed adoption record after March 16, 1951 and prior to the effective date of these rules will be asked to send such information within sixty (60) days of the request for such documents.

(26) Notification of certain persons:

(a) Age 1. Any notification required to be made as part of a search or a contact or an identifying information request pursuant to this part for an adopted person or a person for whom records are maintained as described under T.C.A. § 36-1- 127(c)(1)(A) shall be made with such persons who are twenty-one (21) years of age or older, or with the legal representative of such persons.

2. Any notification for search or contact requests involving the biological or legal relative, who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under T.C.A. § 36-1- 127(c)(1)(A), shall be with the parents or legal representative of such biological or legal relative; and, or;

3. Any notification involving any other persons who are subject to contact for search requests or contact requests under this part shall be made with those persons who are twenty-one (21) years of age or older or with the known legal representative of any such persons.

4. If the person sought is stated to be under twenty-one (21) years of age, the person filing on the Registry for this minor must submit proof of the minor’s age and relationship of the filer. Contact will not be made with a person under twentyone (21) when verification has been provided to establish that this person is under twenty-one (21).

(b) Any decision to permit contact or to permit the disclosure of information authorized by this part to be disclosed under subsection (a) shall be made, as the case may be:

1. By the adopted person or a person for whom records are maintained as described under T.C.A. § 36-1-127(c)(1)(A) in subdivision (a)(i) twenty-one (21) years of age or older, or their legal representative; or 2. By the parents or by the legal representative of the biological or legal relative in subdivision (a)(ii), who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under T.C.A. § 36-1-127(c)(1)(A).

2. By those other persons in subdivision (a)(iii) who are twenty-one (21) years of age or older or by the known legal representative of any such persons.

3. Incompetent persons:

(i) If a person is alleged to be incompetent, legal proof that the person has been declared incompetent must be provided to the Department along with legal documents verifying the person who has been appointed Power of Attorney, Guardian, or Conservator. This legally appointed person will act in filing the Contact Veto Registry on behalf of the incompetent person.

(ii) If a person is alleged to be incompetent but there has been no legal action to establish incompetency and there is no legal representative to act in their behalf, the Department will make every effort to communicate with the person verbally or in writing to establish identity. Once identity of the alleged incompetent person is established, the Department will send the Contact Veto Registry form to that person.

(iii) If identity of the alleged incompetent person cannot be established and there is no legal representative to act in their behalf, the Department must notify the person who has sought contact that the person with whom contact is desired was not located.

(27) When all records have been reviewed by the eligible person and any copies made, the record will be returned to the information source; provided, however, the Department will make copies, if necessary, of all records which are not maintained by the Department or the Department of General Services, for future reference. The Department will establish a sealed record or a sealed adoption record to maintain the information it receives as a result of such circumstance.

History

• Authority: T.C.A. §§ 36-1-101, et seq.; Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002.

Tenn. Comp. R. & Regs. 0250-07-12-.06 REPEALED

History

• Authority: T.C.A. §§ 36-1-101, et seq., 37-5-105, and 37-5-106; Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-12-.07 FEES AND CHARGES FOR RECORDS ACCESS AND FILING OF CONTACT

VETOES, CONTACT AND OTHER SERVICES.

(1) Fees and charges for access to records, and contact:

(a) The fee for processing an initial written request for records pursuant to this Chapter shall be $150.00; provided, however, that a request to open other records related to the initial request shall incur an additional fee of $50.00 for each additional record.

(b) The fee for a search for eligible persons with whom contact is sought will be $135.00 regardless of the number of persons or classes of persons who the requesting person has included in each request.

(c) A fee of $50.00 will be charged for providing access to a post-adoption record which is requested and which, prior to the effective date of these rules, has not been provided by court order or which has not been previously requested in the initial request as stated above.

(d) When the eligible person has had access to or has in their possession a copy of the adoption records, sealed records, sealed adoption records, or post-adoption records and is requesting only a letter of authorization to use in obtaining other records form other information sources, the fee for such letter will be $50.00.

(e) After the initial request for service has been made, any subsequent service request will incur a fee of $50.00.

(2) A fee of twenty-five (25) cents per page will be charged for the costs of copying any records requested.

(3) The person(s) requesting access or the transmission of information pursuant to T.C.A. § 36- 1-134, will be assessed a fee sufficient to cover the costs of shipping or copying any records from information sources for review by the Department.

(4) If in determining a person’s eligibility, it is determined that the requesting person is not eligible Access to Adoption Records Finalized Prior to 1951 and Access to Records Maintained by the Tennessee Children’s Home Society] but is eligible under T.C.A. § 36-1-127(c)(1)(A), that person will be notified and provided service in accordance with the Rules [Chapter 0250-07- 12 Access to Adoption Records for Adoptions Finalized On and After March 16, 1951] and without additional fees.

(5) Contact Veto Registry fees for filing/withdrawing:

(a) The fee for processing an initial request with the Contact Veto Registry for no contact or consent shall be $25.00.

(b) An additional fee of $25.00 will be required to vary or withdraw the original filed request.

(6) Advance Notice Registry fees for filing/varying:

(a) The fee for processing an initial request to register with the Advance Notice Registry is $25.00.

(b) An additional fee of $25.00 will be required to vary the original filed request.

(7) Fee waiver:

(a) Fee waiver determinations for access to records or for filing of no contact veto, varying, altering or withdrawing a consent or veto request will be made only upon request of the individual after notice by the Department of the fee requirement following receipt of the person’s written request.

(b) No fee will be charged to any person who receives, or whose family unit currently receives, Temporary Assistance For Needy Families (TANF), or any other meanstested cash assistance program which may replace TANF, or Food Stamps or any other means-tested food assistance program which may replace the Food Stamp program, or if the person currently receives Medicaid or TennCare which is based upon a means test which places the person below Federal Poverty Guidelines as published in the Federal Register, or if the person receives any other means-tested medical assistance program which is based upon a means test which places the person below Federal Poverty Guidelines as published in the Federal Register, or if the person currently receives Supplemental Security Income (SSI) under Title XVI of the Social Security Act.

(c) The person requesting the fee waiver will be required to provide written verification of current eligibility for any of the above designated programs from the administering agency.

(d) If the person cannot show such verification of eligibility under the above programs, the person requesting the fee waiver will be required to complete a sworn declaration of the source and amount of income and resources on a form provided by the Department. If the person’s family unit’s income, based upon its size, does not exceed the current threshold level of income in the Federal Poverty Guidelines as published periodically in the Federal Register and if the family unit’s non-exempt resources do not exceed $1,000, the fee for search will be waived.

(8) Payments for records searches shall be made to the Fiscal Services Section of the Department of Children’s Services at the address given by the Department. Payments by mail may be made by personal check, cashier’s check, or money order payable to the Department of Children’s Services at this address. Cash will be accepted only when handdelivered to the Fiscal Services Section at the address given by the Department.

(9) Unless waived as provided herein, fees for service will be charged for each service requested on behalf of, or by each individual who requests service.

(10) All fees or other charges shall be deposited with the State Treasurer in accordance with the provisions of T.C.A. § 9-4-301.

History

• Authority: T.C.A. §§ 36-1-101, et seq.; Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002.

Tenn. Comp. R. & Regs. 0250-07-12-.08 APPENDIX - FORMS

(1) Sworn statement for access to adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained:

[READ CAREFULLY. COMPLETING THIS DOCUMENT INDICATES

YOU UNDERSTAND THE LEGAL PENALTIES IF YOU VIOLATE THE

TERMS OF THIS DOCUMENT]

Sworn Statement for Access to Records Tennessee Code Annotated §§ 36-1-127 through 36-1-132 and § 36-1-141 STATE OF ____________________ COUNTY OF __________________ 1. Being duly sworn according to law, I _______________________________________________, Full Name, Including Maiden & Married Name ___________________________________________________________________________________, (Rural Route/Street/P.O. Box) (City/Town) (State) (Zip) _______________ acknowledge and affirm that I understand the following terms governing my (Date of Birth) access to adoption records, sealed records, sealed adoption records, or post-adoption records maintained by the Department of Children’s Services or any other information source.

2. Having been determined eligible to receive access to the adoption records, sealed records, sealed adoption records and post adoption records of myself () or others () (check one), (if other, please identify relationship __________________________________), for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption are maintained:

(a) I understand and avow that after I receive any of the records noted above through the Department of Children’s Services, I will not, either alone, or acting with others, attempt to establish contact or establish any contact personally or by correspondence, nor will I attempt to establish contact or establish any contact by any other means of contact with either the persons in the classes of persons described in Paragraph 6 below who may be discovered or otherwise identified in the records to which I am given access and who may have filed a contact veto or who may be eligible to register with the Contact Veto Registry or who may be protected by a current contact veto unless I receive consent from those persons through the Department of Children’s Services. I understand that if I wish to have contact with those persons after I receive access to these records, that the Department of Children’s Services must complete a search for such persons to determine if those persons have filed a contact veto or are protected by a contact veto prohibiting contact by me with them, or to determine if those persons wish to file a contact veto to prohibit or permit contact by me with them. (T.C.A. §§ 36-1-127, 36-1-130, and 36- 1- 131)

(b) I understand that an adopted person does not have to register a contact veto and may not be contacted by me or by any person(s) acting with or through me without that adopted person’s written consent to the Department and notice of the consent is given to me by the Department. I avow that I will not have contact with that adopted person without such consent. T.C.A. § 36-1-130(a)(6)(A)(vi).

3. I understand that, after obtaining information from the adoption records, sealed records, sealed adoption records, post adoption record or any other information source, should I or any other person use such information to cause injury to the person(s) whose name(s) are contained in the records and who are listed in the classes of persons in Paragraph 6 below, or who is an adopted person, whether or not consent has been given for contact, I may be guilty of committing a Class A misdemeanor, which is punishable by 11 months and 29 days in jail, and a fine of up to $2,500. The injured party shall have cause of action in the circuit or chancery court for injunctive relief and damages, including both compensatory and punitive damage against me or any person who uses the information in violation of these laws. [T.C.A. § 36-1-132(f); § 36-1-130, and § 36-1-127(f)].

4. I understand that if I should contact, or attempt to contact, the persons who have filed a contact veto, persons to whom a contact veto applies, or if I should improperly contact an adopted person, or if I should cause those persons to be contacted through the use of a third party, then those persons shall have a cause of action in circuit or chancery court for injunctive relief and damages, including both compensatory and punitive damages against me or any person who has contacted, attempted to contact, or caused to be contacted. [T.C.A. § 36-1-127(f); § 36-1-130; and § 36-1-132(a)].

5. I understand that if I knowingly provide false information with regard to this statement or any information which I provide to the Department in regard to a search request, that such action constitutes a Class E felony punishable by 1–6 years in prison and a fine of up to $3,000. (T.C.A. § 36-1-139).

6. I understand that those persons eligible to register with the Contact Veto Registry are:

(a) a parent of the adopted person;

(b) a sibling of the adopted person;

(c) a lineal descendant of the adopted person (i.e., children or grandchildren)

(d) a lineal ancestor of the adopted person (i.e., a parent or grandparent);

(e) a spouse of an adopted person; or (f) the legal representative of any person described above.

NOTE: You may not have contact with any persons in the categories stated above whose identities are discovered in the records supplied to you without their consent and without notification by the Department as to the status of their refusal, or permission, to have contact if you do not state at this time the relationship of the person(s) with whom you wish to have contact so that the Department can make such a determination. If you are a person in the classes identified in parts (a)-(f) above, you may not contact an adopted person without that person’s written consent given by that adopted person to the Department and notification by the Department to you as to the status of that adopted person’s refusal, or permission, to have contact. [T.C.A. § 36-1-127(f); § 36-1-129]

I understand that if the sealed records, sealed adoption records or the post adoption records do not establish the alleged parent’s relationship, the Contact Veto Registry must be cleared and I will be notified in writing by the Department of my rights to pursue contact with this person.

7. I wish to have contact with one or more of the persons eligible to register with the Contact Veto Registry. Yes  No  If yes, please identify by relationship and whether such person(s) are birth or adoptive relative(s).

BIRTH OR ADOPTIVE RELATIONSHIP ____________________________________________________________________________________ ____________________________________________________________________________________ 8. It is my understanding that the Department will determine if the person(s) I have listed have registered their preference for contact with the Contact Veto Registry or, if they are not registered on the Contact Veto Registry, the Department will conduct a diligent search for those persons I wish to have contact with to allow those persons the opportunity to file, withdraw or vary their desires for contact with the Contact Veto Registry. (T.C.A. § 36-1-130(a)(6)(A)(iii)(iv).

9. I understand that I will be advised by the Department of the response of the person(s) with whom contact is desired and, if permission for contact is given by the person(s) with whom I seek contact, the Department will provide me with such information as may be available to establish contact. (T.C.A. § 36- 1- 130(c)).

10. Should a contact veto have been filed by, or on behalf of, the person with whom contact is sought or if a contact veto is timely and effectively filed by the person with whom contact is sought after locating such person(s) as the result of a search, the Department will notify me in writing of such contact veto and no contact will be permitted. (T.C.A. § 36-1-131 (b)(2)(B)).

11. If the contact veto is required to be filed by a person for whom a search has been conducted and the veto has not been timely and effectively filed after location of the person(s) sought, the Department will notify me in writing and I will be permitted to attempt contact with the person(s) being sought only when directed by the Department. (T.C.A. § 36-1-131 (b)(2)(B)).

12. If the person with whom contact is sought cannot be located after a diligent search, I will be sent written notification by the Department. Then, and only then will I be under no further restrictions against contact with the person who has been sought. (T.C.A. § 36-1-131 (2)(B)(c)).

13. I understand that if I desire to have contact with any person that has not been identified in Paragraph 7 above at any point in the future I must again advise the Department of this request and the procedures described in this form and the rules of the Department regarding search and contact as stated above must be followed and an additional fee must be paid for this service. A new Sworn Statement may be filed at any point prior to the initiation of the search. Once the search has been initiated, the search must be completed in accordance with the Sworn Statement on file at the time the search was initiated.

FURTHER, AFFIANT SAITH NOT. ________________________________________________

(Signature)

Sworn to and subscribed before me this ______day of _________, 19. _________________________________________ (Notary Public)

My commission expires ____________________________________.

(2) Contact Veto Registry Application - Birth Relative:

TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

CONTACT VETO REGISTRY

INTRODUCTION

I understand that contact with me may be requested by certain classes of eligible persons who, as may be permitted by law, may have access to the sealed records, adoption records, sealed adoption records or post adoption records and those records in any other information source.

An adopted person twenty-one (21) years of age or older, or his or her legal representative, is eligible to request access to these records.

With the written permission by the adopted person to the Department of Children’s Services, the adopted person’s birth or adopted parents or step-parents, the birth or adopted siblings of the adopted person, lineal ancestors or lineal descendants twenty-one (21) years of age or older, of the adopted person or their legal representative may also obtain access to those records.

The class of eligible persons may be revised periodically by changes to the law.

I understand that no contact, whether by personal contact, correspondence or otherwise shall be made in any manner whatsoever by those requesting persons or any agent or other person acting in concert with those requesting persons, with any person eligible to file a contact veto except as permitted by law. The adoption record, sealed record, sealed adoption record or post-adoption record requested by eligible persons shall be made available to the requesting party only after completion by the requesting party of a sworn statement agreeing that he or she shall not contact or attempt to contact, in any manner, by themselves or in concert with any other persons or entities, any of the persons eligible to file a contact veto until the Department has completed a search of the Contact Veto Registry to determine the willingness of the person sought to have contact with the requesting party. [I understand that no contact may be made through any information contained in the records which I receive. (T.C.A. §§ 36-1-127(f), 36-1-130 and 36-1-131)] I also understand that should I be contacted after filing a contact veto, I shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, and attorneys fees against any person who has contacted, attempted to contact, or caused me to be contacted [T.C.A. § 36-1-132].

Any person who, after obtaining information from the records, uses such information to cause injury to the person whose name was obtained under this part, commits a Class A misdemeanor [T.C.A. § 36-1- 132]. Further, any person who has been injured pursuant to this subsection shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, against any person who uses the information in violation of this subsection.

I understand that contact with me by an eligible person is governed by filing my intentions with the Contact Veto Registry.

I understand there is a fee for filing with the Contact Veto Registry. I understand that should there be a request for contact with me and I have vetoed contact with any eligible person, I will be contacted and informed by the Department of Children’s Services to determine my desires for contact at that time and will be given the opportunity to vary or modify my request. [If, however, I cannot be located or do not submit a modification or withdrawal to the contact veto I have previously filed, I understand that my contact veto remains in effect.[T.C.A. § 36-1-130(b)(1)].

I understand that I may vary this contact veto by indicating my desires for contact, if any, with the eligible persons and the means of contact I wish to have with particular eligible persons. [T.C.A. § 36-1- 111(k)(3)(b); § 36-1-127-36-1-131]. In doing so, I understand I must write to the address below and request the necessary forms to complete and file with the Contact Veto Registry and pay any necessary fees:

CONTACT VETO REGISTRY

POST ADOPTION SERVICES

TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

8TH FLOOR

436 6TH AVENUE NORTH

NASHVILLE, TENNESSEE 37243-1290

CONTACT VETO REGISTRY APPLICATION

BIRTH RELATIVE

SECTION 1: INFORMATION ABOUT YOURSELF

(Everyone must complete this section)

CHECK APPROPRIATE BLANK:

Initial Filing _______ Varying Previous Filing ______ PLEASE COMPLETE THE FOLLOWING SO THAT YOU MAY BE LOCATED IN THE FUTURE BY THE DEPARTMENT CONCERNING YOUR INTENTIONS REGARDING CONTACT:

SECTION 2: DETAILS OF BIRTH RELATIVE

Your Present Last Name Relationship To Adopted Person Maiden Name All Previous Last Names First & Middle Name Your Date of Birth / / Place of Birth: County __________ City ______ State ______ Mailing Address Zip Code Telephone No. Home _____________________________ Area Code Number Business ____________________________ Area Code Number The current address and telephone numbers are needed to enable the Department to inform you if any eligible person makes a request for contact. The address does not have to be your residential address (a Post Office Box is sufficient). If you do not have a telephone, please note.

SECTION 3: INFORMATION PERTAINING TO RELATIVE PLACED FOR

ADOPTION

Last Name (Before Adoption)

First & Middle Names Sex (F__M__)

Date of Birth / / Place of Birth: County _____________ City _____________ State ____ Full Name of Birth Father Full Name of Birth Mother Type of Adoptive Placement Department: ( ) Private/Independent: ( )

Licensed Child-placing Agency: ( ) ____________________________________ Name of Agency Please check one. This information will assist the Department to locate the adoption records, but is not essential.

SECTION 4: CONTACT VETO

a. I wish to veto contact with all classes of eligible persons who, as may be permitted by law, may have access to the sealed records, sealed adoption records or post adoption records and who may wish to have contact with me. YES  NO  (Item “c” must be completed.)

b. The filing of a Contact Veto Registry Application by you makes the contact veto automatically applicable to your siblings, lineal descendants, lineal ancestors, and the spouses of those persons so that they cannot be contacted by a person eligible to have the records opened. You may, however, exclude persons in those classes from this automatic coverage so that they will have to register a contact veto themselves or, upon location by the Department, pursuant to a search request, they will have to register a contact veto at that time. [T.C.A. § 36-1-130(A)(6)]. Please indicate whether you wish to exclude any of these persons.

c. I wish to exclude from the automatic contact veto the following:

(1) My siblings or future siblings: YES  NO  (brothers and sisters)

(2) My lineal descendants: YES  NO  (children and grandchildren)

(3) My lineal ancestors: YES  NO  (parents and grandparents)

(4) The spouses of my:

(a) myself YES  NO  (b) siblings YES  NO  (c) lineal descendants YES  NO  (d) lineal ancestors YES  NO  If you have marked “YES” in any part of item “c.”, please complete the following for any known individuals:

Name Relationship to Person Completing the Form Address Street, RR, PO Box, Town, State, Zip SHOULD YOU WISH NO CONTACT WITH ANY OTHER ELIGIBLE PERSONS BUT WISH TO SHARE A STATEMENT OF YOUR FEELINGS, OR CIRCUMSTANCES WHICH IMPACT YOUR DECISION, PLEASE SHARE THAT INFORMATION HERE: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

SECTION 5: CONTACT CONSENT

(Complete only if you wish to consent to contact)

a. I give consent for ALL other classes of eligible persons who, as may be permitted by law, to have access to the adoption records, sealed records, sealed adoption records or post adoption record to have contact with me. YES  NO  b. I wish to limit consent to certain persons and only give consent for contact with the following classes of people:

(1) The adopted person YES  NO  (2) The adopted person’s adopted parents YES  NO  (3) The adopted person’s adopted siblings YES  NO  (4) The adopted person’s adopted lineal ancestors YES  NO  (5) The adopted person’s lineal descendants YES  NO  (6) The legal representatives of any of these persons YES  NO  c. If contact is limited to the legal representative (legal guardian, attorney, etc.) of certain classes of persons, please list which class of persons: _____________________________________________________________________________________ _____________________________________________________________________________________

SECTION 6: TYPES OF CONTACT/RELEASE OF INFORMATION

(Complete only if you wish to consent to contact)

I wish the following types of contact by those persons requesting contact with me: (Please check all that apply and indicate any limitations or qualifications to these methods of contact.)

• Telephone ______________________________________________________________ • Letters _______________________________________________________________ • Personal contact, unannounced ___________________________________________________ • Personal contact, prearranged with me ___, either via phone , or correspondence • Personal contact through another person. Please give name, relationship to you, if any, and information to be released regarding how to contact: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Is the address on PAGE 1 an address a person requesting contact may use to write to you?

YES  NO 

If no, please share the address to be used: ______________________________, _______________________, ______________, _______ (Street/Rural Route/PO Box) (Town/City) (State) (Zip)

• Are the telephone numbers on PAGE 1 number(s) which can be shared with eligible persons requesting contact?

YES  NO 

• If no, please list telephone number(s), if any, that might be shared and used to contact you. _________________________, _________________________, _______________________ (Work Telephone No.) (Home Telephone No.) (Pager/Cell phone)

Other information I wish to have released about me to any eligible persons (please identify to whom and the contents of the information to be provided). _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

SECTION 7: DECLARATION

(Must be completed by everyone)

I desire to put my name on the Contact Veto Registry, and declare that the information provided is true and correct, to the best of my knowledge.

I acknowledge that it is a felony to make false statements in connection with this application.

I understand that I will be notified at the mailing address shown on this form of any request for contact with me made by any eligible person.

I understand that by registering with the Contact Veto Registry I am not automatically afforded access to adoption records.

I understand that this form will become a part of the post adoption record maintained in the Office of the Department of Children’s Services Adoption Services unit. ___________________________________ Signed ___________________________________ Date

SECTION 8: ADDITIONAL INFORMATION TO BE SUBMITTED

(Everyone must comply)

FEES

A fee of $25.00 payable for filing or varying the contact veto registration must accompany this completed, signed registration form. If you are unable to pay this fee, you may qualify for a fee waiver as provided by law. [ T.C.A. § 36-1-141] Payment may be via cashier’s check, money order, or personal check made payable to the Department of Children’s Services and mailed to Post Adoption Services, 8th Floor, Cordell Hull Building, 436 6th Avenue North, Nashville, TN 37243-1290.

PROOF OF IDENTITY

Proof of identity must accompany this completed, signed registration form.

A copy of a photo license will suffice as sole proof of identity.

Other acceptable proof of identity may be copies of:

• Full Birth Certificate • Marriage Certificate • Current Passport YOU MAY WISH TO MAKE A COPY OF THIS APPLICATION FOR YOUR FILES BEFORE RETURNING THIS COMPLETED ORIGINAL DOCUMENT TO THE DEPARTMENT OF CHILDREN’S SERVICES.

OFFICIAL USE ONLY

Received in DCS Post Adoption Services: Day ______ Month _______________ Year _______ (3) Contact Veto Registry Application - Adoptive Relative:

TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

CONTACT VETO REGISTRY

INTRODUCTION

I understand that contact with me may be requested by certain classes of eligible persons who, as may be permitted by law, may have access to the sealed records, adoption records, sealed adoption records or post adoption records and those records in any other information source.

An adopted person twenty-one (21) years of age or older, or his or her legal representative, is eligible to request access to these records.

With the written permission by the adopted person to the Department of Children’s Services, the adopted person’s birth or adopted parents or step-parents, the birth or adopted siblings of the adopted person, lineal ancestors or lineal descendants twenty-one (21) years of age or older, of the adopted person or their legal representative may also obtain access to those records.

The class of eligible persons may be revised periodically by changes to the law.

I understand that no contact, whether by personal contact, correspondence or otherwise shall be made in any manner whatsoever by those requesting persons or any agent or other person acting in concert with those requesting persons, with any person eligible to file a contact veto except as permitted by law. The adoption record, sealed record, sealed adoption record or post-adoption record requested by eligible persons shall be made available to the requesting party only after completion by the requesting party of a sworn statement agreeing that he or she shall not contact or attempt to contact, in any manner, by themselves or in concert with any other persons or entities, any of the persons eligible to file a contact veto until the Department has completed a search of the Contact Veto Registry to determine the willingness of the person sought to have contact with the requesting party. [I understand that no contact may be made through any information contained in the records which I receive. (T.C.A. §§ 36-1-127(f), 36-1-130 and 36-1-131)] I also understand that should I be contacted after filing a contact veto, I shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, and attorneys fees against any person who has contacted, attempted to contact, or caused me to be contacted [T.C.A. § 36-1-132].

Any person who, after obtaining information from the records, uses such information to cause injury to the person whose name was obtained under this part, commits a Class A misdemeanor [T.C.A. § 36-1-132].

Further, any person who has been injured pursuant to this subsection shall have a cause of action in the Circuit or Chancery Court for injunctive relief and damages, including both compensatory and punitive damages, against any person who uses the information in violation of this subsection.

I understand that contact with me by an eligible person is governed by filing my intentions with the Contact Veto Registry.

I understand there is a fee for filing with the Contact Veto Registry. I understand that should there be a request for contact with me and I have vetoed contact with any eligible person, I will be contacted and informed by the Department of Children’s Services to determine my desires for contact at that time and will be given the opportunity to vary or modify my request. [If, however, I cannot be located or do not submit a modification or withdrawal to the contact veto I have previously filed, I understand that my contact veto remains in effect.[T.C.A. § 36-1-130(b)(1)].

I understand that I may vary this contact veto by indicating my desires for contact, if any, with the eligible persons and the means of contact I wish to have with particular eligible persons. [T.C.A. § 36-1-111(k)(3)(b); § 36-1-127-36-1-131]. In doing so, I understand I must write to the address below and request the necessary forms to complete and file with the Contact Veto Registry and pay any necessary fees:

CONTACT VETO REGISTRY

POST ADOPTION SERVICES

TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES

8TH FLOOR, CORDELL HULL BUILDING

436 6TH AVENUE NORTH

NASHVILLE, TENNESSEE 37243-1290

CONTACT VETO REGISTRY APPLICATION

ADOPTIVE RELATIVE

SECTION 1: INFORMATION ABOUT YOURSELF

(Everyone must complete this section)

CHECK APPROPRIATE BLANK:

Initial Filing Varying Previous Filing_____ PLEASE COMPLETE THE FOLLOWING SO THAT YOU MAY BE LOCATED IN THE FUTURE BY THE DEPARTMENT CONCERNING YOUR INTENTIONS REGARDING CONTACT:

SECTION 2: DETAILS OF ADOPTIVE RELATIVE

Your Present Last Name Relationship To Adopted Person Maiden Name All Previous Last Names First & Middle Name Your Date of Birth / / Place of Birth: County __________ City ______ State ______ Mailing Address Zip Code Telephone No. Home ________________________________ Area Code Number Business _______________________________ Area Code Number The current address and telephone numbers are needed to enable the Department to inform you if any eligible person makes a request for contact. The address does not have to be your residential address (a Post Office Box is sufficient). If you do not have a telephone, please note.

SECTION 3: INFORMATION PERTAINING TO

THE ADOPTED PERSON

Last Name By Adoption First & Middle Names Sex (F__M__)

Date of Birth / / Place of Birth: County ___________ City ________ State ___________ Full Name of Adoptive Father Full Name of Adoptive Mother Type of Adoptive Placement Department: ( ) Private/Independent: ( )

Licensed Child-placing Agency: ( ) ____________________________________ Name of Agency Please check one. This information will assist the Department to locate the adoption records, but is not essential.

SECTION 4: CONTACT VETO

(Complete only if you wish to veto contact)

a. I wish to veto contact with all classes of eligible persons who as may be permitted by law, to have access to the adoption records, sealed records, sealed adoption records or post adoption records to have contact with me. YES  NO  (If checked yes, item “c” must be completed.)

b. The filing of a contact veto by you makes the contact veto automatically applicable to your siblings, lineal descendants, lineal ancestors, and the spouses of those persons so that they cannot be contacted by a person eligible to have the records opened. You may, however, exclude persons in those classes from this automatic coverage so that they will have to register a contact veto themselves or, upon location by the Department, pursuant to a search request, they will have to register a contact veto at that time. [T.C.A. § 36- 1- 130(A)(6)]. Please indicate whether you wish to exclude any of these persons.

c. I wish to exclude from the automatic contact veto the following:

(1) My siblings or future siblings: YES  NO  (brothers and sisters)

(2) My lineal descendants: YES  NO  (children and grandchildren)

(3) My lineal ancestors: YES  NO  (parents and grandparents)

(4) The spouses of my:

(a) myself YES  NO  (b) siblings YES  NO  (c) lineal descendants YES  NO  (d) lineal ancestors YES  NO  If you have marked “YES” in any part of item “c”, please complete the following for any known individuals:

Name Relationship to Person Completing the Form Address Street, RR, PO Box, Town, State, Zip SHOULD YOU WISH NO CONTACT WITH ANY OTHER ELIGIBLE PERSONS BUT WISH TO SHARE A STATEMENT OF YOUR FEELINGS, OR CIRCUMSTANCES WHICH IMPACT YOUR DECISION, PLEASE SHARE THAT INFORMATION HERE: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

SECTION 5: CONTACT CONSENT

(Complete only if you wish to consent to contact)

a. I give consent for ALL other classes of eligible persons who, as may be permitted by law, to have access to the sealed records, sealed adoption records or post adoption record to have contact with me.

YES  NO 

b. I wish to limit consent to certain persons and only give consent for contact with the following classes of people:

(1) The adopted person’s birth parents YES  NO  (2) The adopted person’s birth siblings YES  NO  (3) The adopted person’s birth lineal ancestors YES  NO  (4) The legal representatives of any of these persons YES  NO  c. If contact is limited to the legal representative (legal guardian, attorney, etc.) of certain classes of persons, please list which class of persons: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

SECTION 6: TYPES OF CONTACT/RELEASE OF INFORMATION

(Complete only if you wish to consent to contact)

I wish the following types of contact by those persons requesting contact with me: (Please check all that apply and indicate any limitations or qualifications to these methods of contact.)

• Telephone _____________________________________________________________________ • Letters ________________________________________________________________________ • Personal contact, unannounced ___________________________________________________ • Personal contact, prearranged with me ___, either via phone ___, or correspondence ___ • Personal contact through another person. Please give name, relationship to you, if any, and information to be released regarding how to contact: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ • Is the address on PAGE 1 an address a person requesting contact may use to write to you?

YES  NO 

If no, please share the address to be used: _____________________________, _______________________, ______________, ________ (Street/Rural Route/PO Box) (Town/City) (State) (ZIP)

• Are the telephone numbers on PAGE 1 number(s) which can be shared with eligible persons requesting contact?

YES  NO 

• If no, please list telephone number(s), if any, that might be shared and used to contact you. ______________________, ____________________ ________________________ (Work Telephone No.) (Home Telephone No.) (Pager/Cell phone)

Other information I wish to have released about me to any eligible persons (please identify to whom and the contents of the information to be provided). _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

SECTION 7: DECLARATION

(Must be completed by everyone)

I desire to put my name on the Contact Veto Registry, and declare that the information provided is true and correct, to the best of my knowledge.

I acknowledge that it is a felony to make false statements in connection with this application.

I understand that I will be notified at the mailing address shown on this form of any request for contact with me made by any eligible person.

I understand that by registering with the Contact Veto Registry I am not automatically afforded access to adoption records.

I understand that this form will become a part of the post adoption record maintained in the office of the Department of Children’s Services Adoption Services unit. _______________________________________ Signed _______________________________________ Date

SECTION 8: ADDITIONAL INFORMATION TO BE SUBMITTED

(Everyone must comply)

FEES

A fee of $25.00 payable for filing or varying the contact veto registration must accompany this completed, signed registration form. If you are unable to pay this fee, you may qualify for a fee waiver as provided by law. [T.C.A. § 36-1-141] Payment may be via cashier’s check, money order, or personal check made payable to the Department of Children’s Services and mailed to Post Adoption Services, 8th Floor, Cordell Hull Building, 436 6th Avenue North, Nashville, TN 37243-1290.

PROOF OF IDENTITY

Proof of identity must accompany this completed, signed registration form.

A copy of a photo license will suffice as sole proof of identity.

Other acceptable proof of identity may be copies of:

• Full Birth Certificate • Marriage Certificate • Current Passport YOU MAY WISH TO MAKE A COPY OF THIS APPLICATION FOR YOUR FILES BEFORE RETURNING THIS COMPLETED ORIGINAL DOCUMENT TO THE DEPARTMENT OF CHILDREN’S SERVICES.

OFFICIAL USE ONLY

Received In Post Adoption Services: Date: Day_________ Month___________________ Year_______

History

• Authority: T.C.A. §§ 36-1-101, et seq.; Public Chapter 1079, § 13 (1996); Public Chapter 1068 (1996); and Public Chapter 1054 (1996).
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002.

Chapter 0250-07-13 Adoption Process Forms

Tenn. Comp. R. & Regs. 0250-07-13-.01 PURPOSE, SCOPE AND FORMAT OF RULES

(1) These rules establish the mandatory forms promulgated by the Department of Children’s Services pursuant to Executive Order #6, January 12, 1996 and Public Chapter 532 (1995), required: for use in obtaining medical social/histories of children being surrendered; for surrenders of children for adoption in Tennessee Courts or in another State or Territory or a foreign country or by an inmate of State or Federal correctional facility; for the use of parental consents to the adoption of children utilized in adoption petitions in Tennessee; for revocation of surrenders and parental consents; for vetoes of contact in the future by the adopted person with the surrendering person or others; for payment and fee disclosure requirements; for certification of social and legal counseling which may be requested by the surrendering or consenting parent or legal guardian; for consents for adoption by minors fourteen (14) years of age and by guardians ad litem of such minors and disabled adults; and for releases of information for updated medical information. These forms may be modified by the Department of Children’s Services in these matters, pursuant to further Executive Orders or legislation.

(2) The forms established by these rules are mandatory for use by the courts, the clerks, attorneys, prospective adoptive parents, state and private agencies and other persons or entities who may be involved in the adoption process; provided, however, that surrenders by a person residing in another state or territory of the United States and in conformity with the laws of another state or territory shall be accepted in Tennessee.

(3) These forms may be reproduced in any page length or type size or style for use by any persons or entities who may need to use them, but must contain, without alteration, the language which is contained in the forms, except where otherwise noted in these rules or on the form itself.

(4) (a) Copies of the forms necessary for use in the adoption process may be obtained from the Clerks of Courts in Tennessee which have authority pursuant to T.C.A. § 36-1-111 to accept surrenders, from the local county office of the Department of Children’s Services in these matters, the Regional Offices of the Department’s Legal Staff, or the Central Office Adoption Services office in the Cordell Hull Building, 8th Floor, 436 6th Avenue North, Nashville, TN 37243-1290, (615) 532-5637. Copies will also be supplied to licensed child-placing agencies in Tennessee.

(b) Copies of the entire set of forms may be obtained on diskette in Microsoft Word from the Central Office by submitting two (2) formatted disks to this address with a selfaddressed, postage-paid return envelope suitable for mailing diskettes, or by requesting full copies from the above address. A charge will be made for providing a full set of hard copies from the Central Office.

History

• Authority: T.C.A. §§ 4-5-201, et seq., and 36-1-101, et seq.; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.02 MEDICAL/SOCIAL HISTORY OF CHILD’S FAMILY FORM

(1) This form must be completed pursuant to T.C.A § 36-1-111(k)(1) under oath before the judge or other person authorized to conduct the surrender proceeding or at the judge’s or person’s direction, the clerk or an employee of the court or person conducting the surrender, prior to the execution of the surrender of a child or prior to the confirmation of the parental consent pursuant to T.C.A. § 36-1-117(g).

(2) The completed form shall be kept in a separate file designated for the purpose of maintaining the form until it is forwarded to the court where the adoption petition is filed. The information contained in the form shall be confidential and shall not be disclosed to any other person without the written approval of the court; provided, however, a copy of the information with all identifying information deleted shall be furnished to the adoptive parent(s) or their attorney.

(3) Form:

MEDICAL/SOCIAL HISTORY FOR CHILD AND CHILD’S FAMILY

TENNESSEE CODE ANNOTATED, § 36-1-111(k)

This form must be completed under oath prior to execution of the surrender, or prior to confirmation of the parental consent.

T.C.A. § 36-1-111(k).

When being completed by both the birth mother and birth father, a form is required to be completed by each parent.

When one birth parent is completing this form, information about the other birth parent should be completed when that parent is unavailable or refuses to complete the form for her/himself.

The legal parents or legal guardians who are not the birth parents of the child should complete information known to them about the birth parents.

This form shall be kept by the court in a separate file designated for that purpose until it is forwarded to the court when the adoption petition is filed. The Medical/Social History for Child and Child’s Family shall be confidential and shall not be inspected by any person without the written approval of the court.

A copy of this form, with all identifying information deleted shall be given to the prospective adoptive parents or their attorney.

T.C.A. § 36-111(k)(1).

NOTE: This form may be modified for use outside the State of Tennessee as long as the information requested is provided in the modified form.

STATE OF TENNESSEE OR OTHER LOCATION (_________________)

COUNTY OF ______________ OR OTHER CITY OR PROVINCE (_____________)

Being duly sworn according to law, affiant would state:

The following information is true and correct to the best of my knowledge:

PERSON COMPLETING THIS FORM:

( ) BIRTH ( ) LEGAL MOTHER’S NAME: ________________________________

( ) BIRTH ( ) LEGAL FATHER’S NAME: ________________________________

GUARDIAN(S) NAME: ______________________________________________

ADDRESS: _______________________________ __________________ ______ ______

STREET/RURAL ROUTE/P.O. BOX CITY/TOWN STATE ZIP

HOME TELEPHONE NO._________ WORK TELEPHONE NO._______

BIRTH MOTHER’S RACE __________ NATIONALITY __________

BIRTH FATHER’S RACE __________ NATIONALITY __________

BIRTH MOTHER’S SOCIAL SECURITY #__________________

DRIVER’S LICENSE # __________________

BIRTH FATHER’S SOCIAL SECURITY # __________________

DRIVER’S LICENSE # __________________

CHILD’S NAME __________________D.O.B. SEX _____ RACE _____

(To indicate race, please use codes of AA (African American), AI (American Indian), AS (Asian), CA (Caucasian), HI (Hispanic) or other (specify) _____________________. To indicate a mixed racial heritage, write in more than one code, for example a child who is African American and Caucasian heritage, write in “AACA.”)

IF NATIVE AMERICAN HERITAGE IS INDICATED, PLEASE SPECIFY:

TRIBE: _________________________ LOCATION: _________________________

THE PARENT IS REGISTERED ( ) ELIGIBLE TO BE, BUT NOT REGISTERED ( )

WITH THE ABOVE TRIBE.

THE CHILD IS REGISTERED ( ) ELIGIBLE TO BE, BUT NOT REGISTERED ( )

WITH THE ABOVE TRIBE.

MARRIAGES:

(IF PARENT HAS BEEN MARRIED, COMPLETE THE FOLLOWING INFORMATION)

NAME OF SPOUSE

(INCLUDE

MAIDEN NAME)

DATE OF

MARRIAGE

CITY/STATE

WHERE MARRIAGE

OCCURRED

COUNTY OF LICENSE

DIVORCES:

INCLUDE ANNULMENTS/SEPARATIONS/ANY TYPE DISSOLUTIONMENTS OF MARRIAGE)

NAME OF SPOUSE DATE AND TYPE

OF DISSOLUTIONMENT

CITY/STATE OF DIVORCE

DECREE

COURT

IF MARRIAGE ENDED WITH THE DEATH OF A SPOUSE, PLEASE COMPLETE THE FOLLOWING INFORMATION:

NAME OF SPOUSE DATE OF

DEATH

CITY/COUNTY/STATE

WHERE DEATH OCCURRED

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

INFORMATION CHILD’S BIRTH MOTHER CHILD’S BIRTH FATHER

FULL LEGAL NAME

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

PRESENT OCCUPATION:

NAME/ADDRESS OF

EMPLOYER

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

INFORMATION BIRTH MOTHER’S MOTHER BIRTH MOTHER’S FATHER

FULL LEGAL NAME

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

INFORMATION BIRTH FATHER’S MOTHER BIRTH FATHER’S FATHER

FULL LEGAL NAME

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

INFORMATION BIRTH MOTHER’S MATERNAL

GRANDMOTHER

BIRTH MOTHER’S MATERNAL

GRANDFATHER

FULL LEGAL NAME

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

INFORMATION BIRTH FATHER’S MATERNAL

GRANDMOTHER

BIRTH FATHER’S MATERNAL

GRANDFATHER

FULL LEGAL NAME

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

INFORMATION BIRTH MOTHER’S PATERNAL

GRANDMOTHER

BIRTH MOTHER’S PATERNAL

GRANDFATHER

FULL LEGAL NAME

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

INFORMATION BIRTH FATHER’S PATERNAL

GRANDMOTHER

BIRTH FATHER’S PATERNAL

GRANDFATHER

FULL LEGAL NAME

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES _____ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

BIRTH MOTHER’S SIBLINGS

FULL LEGAL NAME

RELATIONSHIP

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

BIRTH FATHER’S SIBLINGS

FULL LEGAL NAME

RELATIONSHIP

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

OTHER CHILDREN BORN TO THE BIRTH MOTHER

FULL LEGAL NAME

RELATIONSHIP

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

BACKGROUND INFORMATION FOR ______________________________________

(NAME OF CHILD)

OTHER CHILDREN BORN TO THE BIRTH FATHER

FULL LEGAL NAME

RELATIONSHIP

ADDRESS

STREET/RR/P.O. BOX

CITY/TOWN/STATE/ZIP

DATE OF BIRTH

RACE/ETHNICITY

HAIR COLOR

EYE COLOR

SKIN COLOR

WEIGHT

HEIGHT

EDUCATION (HIGHEST

GRADE COMPLETED,

VOCATIONAL/ASSOC.

COLLEGE DEGREES)

TYPE EMPLOYMENT

MILITARY SERVICE:

BRANCH OF SERVICE

YEARS SERVED

DATE OF DISCHARGE

TYPE OF DISCHARGE

RANK

SPECIAL CHARACTERISTICS

HOBBIES, INTERESTS

AND TALENTS

PERSONALITY

RELIGION

GENERAL HEALTH/HISTORY

IF DECEASED

CAUSE OF DEATH

AWARE OF PLAN FOR

ADOPTIVE PLACEMENT

YES ______ NO _____ YES _____ NO _____

USE ADDITIONAL PAGES, IF NEEDED, TO DESCRIBE OTHER CHILDREN BORN TO THE BIRTH MOTHER OR BIRTH

FATHER

PRENATAL HISTORY:

MONTH PRENATAL CARE BEGAN _____________________________________

DURING THIS PREGNANCY DID YOU

• TAKE ANY MEDICATIONS? Yes ( ) No ( )

• EXPERIENCE PHYSICAL COMPLICATIONS? Yes ( ) No ( )

• HAVE ANY X-RAY, ELECTROCARDIOGRAM OR RADIATION EXPOSURE? Yes ( ) No ( )

IF YES TO ANY OF THE ABOVE, PLEASE EXPLAIN: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ DID YOU HAVE ANY OF THE FOLLOWING DURING THIS PREGNANCY?

• GERMAN MEASLES Yes ( ) No ( ) DATE ____________________ • VENEREAL DISEASE Yes ( ) No ( ) DATE ____________________ • VIRUS TYPE _______ Yes ( ) No ( ) DATE ____________________ • INFECTIONS TYPE ________________ Yes ( ) No ( ) DATE ___________ WERE YOU INVOLVED IN ANY ACCIDENTS DURING THIS PREGNANCY?

Yes ( ) No ( )

WERE YOU SEXUALLY OR PHYSICALLY ABUSED DURING THIS PREGNANCY? Yes ( ) No ( )

IF YES TO EITHER OF THESE QUESTIONS, PLEASE EXPLAIN: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ DELIVERY HISTORY:

DURATION OF LABOR _______________________________

TYPE OF DELIVERY _________________________________

WERE THERE OTHER PREGNANCIES OF THE BIRTH MOTHER: Yes ( ) No ( )

IF YES, PLEASE DESCRIBE THE PREGNANCY AND HOW THE PREGNANCY ENDED (ABORTION, STILLBIRTH,

MISCARRIAGES, ETC.) ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ MEDICAL HISTORY FOR ______________________________________________ NAME OF BIRTH MOTHER ( ) BIRTH FATHER ( )

NAME OF CHILD: ______________________________________________________

PLEASE INDICATE BY A CHECK MARK (X) IF YOU OR ANY BIRTH RELATIVE LISTED ON PAGES 3 THROUGH 13 HAVE

EVER BEEN DIAGNOSED WITH THE FOLLOWING MEDICAL PROBLEMS. EXPLAIN IN THE “COMMENTS” SECTION THE

SPECIFICS OF THE ILLNESS, THE SEVERITY OF THE ILLNESS, AGE AT ONSET OF ILLNESS, TYPE OF TREATMENT AND

OUTCOME.

MEDICAL CONDITION SELF

YES NO

YES - OTHER

RELATIVE

(SPECIFY)

COMMENTS

ACQUIRED

IMMUNE

DEFICIENCY

SYNDROME

(AIDS)

ALCOHOLISM

ALLERGIES

ARTHRITIS

BONE DISEASE

CANCER

CEREBRAL PALSY

CLEFT PALATE

CONGENITAL DEFECTS

CORONARY (HEART)

PROBLEMS

CYSTIC FIBROSIS

DEAFNESS

MEDICAL

CONDITION

SELF

YES NO

YES - OTHER

RELATIVE

(SPECIFY)

COMMENTS

DIABETES

EAR INFECTIONS

ECZEMA

EPILEPSY/

SEIZURES

GONORRHEA/ SYPHILIS

HAY FEVER/

ASTHMA

HEARING PROBLEMS

HEART PROBLEMS

HEMOPHILIA

HERPES

HODGKIN’S

HORMONE DISORDER

HYPERTENSION

KIDNEY DISEASE

MENTAL ILLNESS

MENTAL RETARDATION

MIGRAINES

MULTIPLE SCLEROSIS

MUSCULAR DYSTROPHY

NARCOTIC ADDICTION

MEDICAL

CONDITION

SELF

YES NO

YES - OTHER

RELATIVE

(SPECIFY)

COMMENTS

OTHER PARALYSIS

OTHER MEDICAL

CONDITION:

(SPECIFY)

OTHER SUBSTANCE

ABUSE

RESPIRATORY DISEASE

SPEECH PROBLEMS

SICKLE-CELL ANEMIA

STROKE

VISUAL PROBLEMS

SUBSTANCE USE HISTORY - BIRTH MOTHER

TOBACCO:

DO YOU SMOKE? YES ( ) NO ( )

IF YES, DESCRIBE HOW MUCH YOU SMOKE: ___________________

DID YOU SMOKE DURING THIS PREGNANCY? YES ( ) NO ( )

IF YES, FREQUENCY OF HABIT: _________________________________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ALCOHOL:

DO YOU DRINK ALCOHOL? YES ( ) NO ( )

DID YOU DRINK DURING THIS PREGNANCY? YES ( ) NO ( )

IF YES TO EITHER QUESTION, DESCRIBE YOUR DRINKING HABITS, (I.E.

FREQUENCY, TYPE ALCOHOL USED, HISTORY OF ALCOHOL USE). ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DRUGS:

HAVE YOU EVER USED DRUGS? YES ( ) NO ( )

IF YES, DESCRIBE YOUR DRUG USE, (I.E. TYPE OF DRUG YOU USED, FREQUENCY OF USE, HISTORY OF DRUG USE

INCLUDING EXPERIMENTAL USE). _________________________________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DID YOU USE DRUGS DURING THIS PREGNANCY? YES ( ) NO ( )

IF YES, DESCRIBE YOUR DRUG USE (INCLUDING PRESCRIPTION DRUGS) TYPE OF DRUG, FREQUENCY OF USE AND

WHEN THE DRUG WAS USED. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ SUBSTANCE USE HISTORY - BIRTH FATHER ALCOHOL:

DO YOU DRINK ALCOHOL? YES ( ) NO ( )

IF YES, DESCRIBE YOUR DRINKING HABITS, (I.E., FREQUENCY, TYPE ALCOHOL USED, HISTORY OF ALCOHOL USE). ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DRUGS:

HAVE YOU EVER USED DRUGS? YES ( ) NO ( )

IF YES, DESCRIBE YOUR DRUG USE, (I.E. TYPE OF DRUG YOU USE, FREQUENCY OF USE, HISTORY OF DRUG USE)

DESCRIBE SPECIFIC DRUGS AND TIME FRAMES OF YOUR USE OF EACH DRUG. (INCLUDE EXPERIMENTAL USE.) ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ PSYCHIATRIC HISTORY: BIRTH MOTHER ( ) BIRTH FATHER ( )

HAVE YOU EVER RECEIVED PSYCHOLOGICAL OR PSYCHIATRIC TREATMENT? YES ( ) NO ( )

HAVE YOU EVER TAKEN PSYCHIATRIC MEDICATION? YES ( ) NO ( )

IF YES TO EITHER QUESTION, DESCRIBE TREATMENT ISSUES, DIAGNOSIS, LENGTH OF TREATMENT AND LIST

MEDICATIONS USED DURING TREATMENT: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ OTHER INFORMATION YOU WOULD LIKE TO SHARE ABOUT YOURSELF, YOUR SOCIAL/MEDICAL HISTORY, YOUR BIRTH RELATIVES OR ABOUT THE CIRCUMSTANCES IMPACTING YOUR DECISION TO PLACE YOUR CHILD FOR ADOPTION:

(IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH SHEETS.)

Birth/Legal Mother:

Birth/Legal Father:

Legal Guardian(s):

FURTHER AFFIANT SAITH NOT.

This _____ day of _______, 20 Signature: ____________________________________ Parent or Legal Guardian Sworn to and subscribed before me this _____ day of ________, 20 ____________________________________ NOTARY PUBLIC My Commission Expires: _____________________ OR Please Print: ___________________________________ ____Chancellor ____Circuit Judge ___Juvenile Court Judge ____Warden or ___ Judge or ___Clerk of Court of Record In another State; or ___ U.S. Foreign Service Officers or ___ Officers of the United States Armed Forces Authorized to Administer Oaths Signature: ____________________________________ When this form is being completed by DCS staff for pre-placement information purposes, and not as a

part of the surrender process, the person completing the form should sign and date the form.

Signature: _________________________ County: _____________ Date: _________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111(k), and 36-117(g); Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.03 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125(a), 36-1-141, 37-5-105, and 37-5- 106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.11 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-117(g), 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.12 CERTIFICATION OF SOCIAL COUNSELING FORM

(1) The following form is used for certification of the completion of any social counseling requested pursuant to T.C.A. §36-1-111(k)(2)(E) by the person who is surrendering the child for adoption, or who is executing a parental consent to unrelated persons, and must be filed with the surrender or parental consent before the surrender is executed before the court by the surrendering person, or before an order of guardianship is entered based upon any surrender, or parental consent to unrelated persons.

(2) This information shall be confidential and shall only be disclosed as provided by T.C.A. §§ 36-1-101 et seq.

(3) Form:

CERTIFICATION OF COMPLETION OF SOCIAL COUNSELING RELATED

TO ADOPTION PLACEMENT DECISION BY PARENT(S)

TENNESSEE CODE ANNOTATED, § 36-1-111(l)(1)

If the person surrendering the child(ren) for adoption has requested that the prospective adoptive parent(s) provide social counseling with regard to the decision of that person to surrender the child for adoption, this certification form must be completed by the person who provided such counseling before the surrender is executed. See, T.C.A. § 36-1-111(l)(1). NOTE: This form may be modified for use outside the State of Tennessee as long as the information requested is provided in the modified form.

STATE OF TENNESSEE OR (________________)

COUNTY OF _________________

Being duly sworn according to law, affiant would state:

1. I am _____________________________, (Name of Person Providing Social Counseling).

2. I was employed by, __________________________________ (Name of person(s) employing counselor to provide social counseling to surrendering person) to provide counseling to ___________________________________ (Name of person to whom was provided) regarding the social issues surrounding the decision by this person to place ____________________________________________ (Name(s) of the child(ren)) for adoption.

This is to certify that during the course of social counseling the following issues have been addressed with ________________________________________ (Name of Birth/Legal Mother) _________________________________, ( Name of Birth/Legal Father) ________________________________________ (Legal Guardian) who is before the Court (), Warden (), Officer () to surrender the child ____________________________________ for the purpose of adoption.

(Name of Child)

Options/Decisions Yes No To parent the child To place the child for the purpose of adoption Consequences of Decisions Exploration of Support Systems Family Friends Financial Employment/Education Child Support Public Assistance Birth Father/Mother Other (Identify)

Grief/Loss Issues Related to Options for:

Self Child Present Issues Future Issues Referral for further counseling Exploring Parenting Option Concept of Parenting Single Parenting Marriage Issues Present Future Financial/Employment/Child Support Medical Insurance Housing Education plan for self Child care Future life goals/plans Needs of the child Basic (food, clothing, housing)

Special needs Physical safety Emotional Development Exploring Adoptive Placement Agency placement (DHS & private)

Independent placement Plan of birth/legal mother or father Identification/information about birth parent, custodial person/guardian Background information Termination of parental rights Voluntary/involuntary Revocation of surrender Involvement in adoption process Selection of family Openness Meeting adoptive family Continued contact Direct placement/foster care placement Adoptive family preparation Agency selection of family Oral/physical presentation of child Pre-placement activity process Placement/post-placement services Finalization/court process Post legal adoption services Access of adoption records Contact veto registry SUMMARY OF COUNSELOR’S ASSESSMENT/RECOMMENDATION (If report is a separate document, please write “See attached” and attach report with this certification.)

This the ____ day of ________, 20 FURTHER, AFFIANT SAITH NOT.

Please Print: ______________________________ Person Providing Social Counseling to Surrendering Person Title: ______________________________ Name of Agency, if Appropriate: ______________________________ Address: ______________________________ ______________________________ ______________________________ Signature: ______________________________ Sworn to and subscribed before me this _____ day of , 20 ____________________________ NOTARY PUBLIC My Commission Expires:_______________ PARENT’S STATEMENT The above counseling issues have been discussed with me. As a result of the issues addressed during this process and in what I believe to be the best interest of my child _______________________________, I ______________________________, (Name of Child) (Birth/Legal Mother) _____________________________, or _________________________ have made the (Birth/Legal Father) (Legal Guardian) following plan for my child/ward. (Please Describe Your Decision/Plan):

Please Print: _____________________________________________________ (Name of Parent/Legal Guardian)

Signature of Parent/Legal Guardian: _________________________________ Date:________________________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111(k)(l)(1)(m) and (o), 36-1-117(g), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.13 CERTIFICATION OF LEGAL COUNSELING

(1) The following form is used for certification of the completion of any legal counseling requested pursuant to T.C.A. § 36-1-111(k)(2)(F) by the person who is surrendering the child for adoption or who is executing a parental consent to unrelated persons and must be filed with the surrender or parental consent before the surrender is executed before the court by the surrendering person, or before an order of guardianship is entered based upon a surrender or a parental consent to unrelated persons.

(2) This information shall be confidential and shall only be disclosed as provided by T.C.A. §§ 36-1-101 et seq.

(3) Form:

CERTIFICATION OF COMPLETION OF LEGAL COUNSELING RELATED

TO ADOPTION PLACEMENT DECISION BY PARENT(S)

TENNESSEE CODE ANNOTATED, § 36-1-111(l)(2) and (o)

If the person surrendering the child(ren) for adoption, or executing a parental consent to unrelated persons, has requested that the prospective adoptive parent(s) provide legal counseling with regard to the decision of that person to surrender the child for adoption, this certification form must be completed by the attorney who provided such counseling before the surrender is executed or before an Order of Guardianship is entered based upon a surrender or parental consent. See, T.C.A. § 36-1-111(l)(2) and (o).

NOTE: This form may be modified for use outside the State of Tennessee as long as the information requested is provided in the modified form.

STATE OF TENNESSEE OR ( ________________)

COUNTY OF ____________

Being duly sworn according to law, affiant would state:

1. I am __________________________________, (Name of attorney providing legal counseling to surrendering person). I am licensed to practice law in the State of Tennessee (or such other State or Country as may be applicable. Please specify.) ___________________________.

My Board of Professional Responsibility Number (or other licensing registration number) is ______________.

2. I was employed by, __________________________________ (Name of person(s) employing attorney to provide legal counseling to surrendering person) to provide legal advice to ___________________________________ (Name of person to whom legal advice was rendered) regarding the legal issues surrounding the decision by this person to place ________________________________________ (Name(s) of the child(ren) for adoption.)

3. I certify that I have completed an explanation of any questions posed by _______________________________________ (Name of person to whom legal advice was rendered), and that legal counseling has been completed, and they have stated to me that they understand such issues and their rights, and that they wish to proceed with the plan to surrender the abovenamed child.

This the ____ day of _________, 20 FURTHER AFFIANT SAITH NOT.

Please Print: ______________________________ Attorney Providing Legal Counsel to Surrendering Person Address: ______________________________ ______________________________ ______________________________ Signature: ______________________________ Sworn to and subscribed before me this _____ day of , 20 ____________________________ NOTARY PUBLIC My Commission Expires:____________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111(k)(l)(2)(m) and (o), 36-1-117(g), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.14 PAYMENT DISCLOSURE FORM

(1) The following form contains information required by T.C.A. §36-1-116(b)(16) to be filed by the prospective adoptive parents with the adoption petition concerning payments made to birth parents and other persons related to the birth of the child, fees paid to child-placing agencies, to attorneys, for counseling for the parents, and for any other fees and expenses in relation to the child’s placement with them, and may be filed as an exhibit to the petition.

(2) This information shall be confidential and shall only be disclosed as provided by T.CA. §§ 36- 1-101 et seq.

(3) Form:

PAYMENT DISCLOSURE FORM FOR USE IN PETITION FOR ADOPTION

TENNESSEE CODE ANNOTATED, § 36-1-116(b)(16)

This form must be filed with the adoption petition. See, T.C.A. § 36-1-116(b)(16).

STATE OF TENNESSEE

COUNTY OF _____________

Being duly sworn according to law, affiant(s) would state:

1. I am/We are ___________________________________ (Name of Prospective Adoptive Mother) and ________________________________ (Name of Prospective Adoptive Father), the petitioner(s) seeking the adoption of _________________________________ (Name of Child) pursuant to a petition for adoption filed in the _____________ Court for __________________, County, Tennessee.

2. I/We have paid or promised to pay the following money, fees, contributions, or other remuneration or thing of value in the connection with the birth, placement, or adoption of this child (Attach additional sheets as necessary):

a. Medical or hospital expenses of birth mother and child.(Attach Additional Sheets If Necessary):

(1) Entities or Persons who received payments, contributions, fees, or other things of value;

(2) The specific amount of payments, contributions, fees, or value of things given; and, (3) The specific purpose of payments, contributions, fees, or other things of value: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ b. Other birth-related expenses (Attach Additional Sheets If Necessary):

(1) Entities or Persons who received payments, contributions, fees, or other things of value;

(2) The specific amount of payments, contributions, fees, or value of things given; and, (3) The specific purpose of payments, contributions, fees, or other things of value: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ c. Expenses paid to or on behalf of the child’s parent(s) including, but not limited to, housing, food, maternity clothing, child’s clothing, utilities, transportation (Attach Additional Sheets If Necessary):

(1) Entities or Persons who received payments, contributions, fees, or other things of value;

(2) The specific amount of payments, contributions, fees, or value of things given; and, (3) The specific purpose of payments, contributions, fees, or other things of value: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ d. Fees or payments paid to any attorney-at-law and other costs of legal proceedings in connection with the birth, placement, or litigation for the adoption of this child (Attach Additional Sheets If Necessary):

(1) Entities or Persons who received payments, contributions, fees, or other things of value;

(2) The specific amount of payments, contributions, fees, or value of things given; and, (3) The specific purpose of payments, contributions, fees, or other things of value: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ e. Counseling paid for on behalf of the birth or prospective adoptive parent(s) or child (Attach Additional Sheets If Necessary):

(1) Entities or Persons who received payments, contributions, fees, or other things of value;

(2) The specific amount of payments, contributions, fees, or value of things given; and, (3) The specific purpose of payments, contributions, fees, or other things of value: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ f. Fees or payments paid to any licensed child-placing agency or licensed clinical social worker (Attach Additional Sheets If Necessary):

(1) Entities or Persons who received payments, contributions, fees, or other things of value;

(2) The specific amount of payments, contributions, fees, or value of things given; and, (3) The specific purpose of payments, contributions, fees, or other things of value: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ g. Any other money, fees, contributions, or other remuneration or thing of value in connection with the birth, placement, or adoption of this child, given or paid, to the child’s parent(s) or family member(s) (Attach Additional Sheets If Necessary):

(1) Entities or Persons who received payments, contributions, fees, or other things of value;

(2) The specific amount of payments, contributions, fees, or value of things given; and, (3) The specific purpose of payments, contributions, fees, or other things of value: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ FURTHER AFFIANT(S) SAITH NOT.

This the _____ day of _______, 20 Please Print: _______________________________ Prospective Adoptive Mother Signature: _______________________________ Please Print: _______________________________ Prospective Adoptive Father Signature: _______________________________ Sworn to and subscribed before me this _____ day of ________, 20 _____________________________ NOTARY PUBLIC My Commission Expires: _____________________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-116(b)(16), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.15 ADOPTION CONSENT FORM FOR MINOR WHO IS FOURTEEN (14) YEARS OF

AGE.

(1) The following form is used to obtain the consent of a child who is fourteen (14) years of age or older to his or her adoption as required by T.C.A. § 36-1-117(i).

(2) This information shall be confidential and shall only be disclosed as provided by T.CA. §§ 36- 1-101 et seq.

(3) Form:

CONSENT TO ADOPTION BY MINOR WHO IS FOURTEEN (14) YEARS OF

AGE OR OLDER

TENNESSEE CODE ANNOTATED, § 36-1-117(i)

STATE OF TENNESSEE

COUNTY OF ________________

Being duly sworn according to law, affiant would state:

1. I am __________________________________________, (Use the Name of Minor Child Prior to Any Name Change Requested in the Petition, Fourteen (14) Years of Age or Older), Born ___________________ (Date of Birth).

2. I understand that ________________________________, (Name of Prospective Adoptive Mother), and __________________________________, (Name of Prospective Adoptive Father) have filed a Petition to adopt me.

3. I understand that if the Court enters an order of adoption based upon the Petition, that I will become the legal child of _______________________________, (Name of Prospective Adoptive Mother), and ________________________________, (Name of Prospective Adoptive Father), and that they will become my parent(s) for all purposes, just the same as if I had originally been born to them (him/her).

4. I understand that, while I remain under eighteen (18) years of age, my adoptive parent(s) will have the right to determine if I should contact or visit with anyone in my birth family.

5. I understand that I will have the right to inherit property from my adoptive parent(s), and their (his/her) descendants will have the right to inherit property from me or my descendants but only for property I acquire after the adoption order is entered. After the order of adoption is entered, I will not inherit property from my birth family, nor will they inherit property from me after the order of adoption is entered. I may inherit from or through a parent whose rights were not terminated before his or her death.

6. No one has pressured me to agree to this adoption, and I believe that my adoption by _______________________________, (Name of Prospective Adoptive Mother), and ______________________________, (Name of Prospective Adoptive Father), is in my best interests. I wish for the adoption to take place.

7. I freely and voluntarily, without pressure from anyone, consent to this adoption.

This the _____ day of , 20 FURTHER AFFIANT SAITH NOT Please Print: ____________________________________ Name of Minor Child Signature: ____________________________________ Sworn to and subscribed before me this _____ day of , 20 Please Print:_________________________ ___ Chancellor ___ Circuit Judge of the ____________ Court for ________________ County, Tennessee.

Signature: ____________________________________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-117(i), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Amendment filed March 10, 2005; effective July 29, 2005.

Tenn. Comp. R. & Regs. 0250-07-13-.16 ADOPTION CONSENT FORM FOR USE BY GUARDIAN AD LITEM FOR MINOR

WHO IS FOURTEEN (14) YEARS OF AGE AND WHO IS MENTALLY DISABLED.

(1) The following form is used to obtain the consent of a guardian ad litem of a mentally disabled child who is fourteen (14) years of age or older for the adoption of that child as required by T.C.A § 36-1-117(i).

(2) This information shall be confidential and shall only be disclosed as provided by T.CA. §§ 36- 1-101 et seq.

(3) Form:

CONSENT BY GUARDIAN AD LITEM TO ADOPTION OF MENTALLY

DISABLED MINOR WHO IS FOURTEEN (14) YEARS OR OLDER

TENNESSEE CODE ANNOTATED, § 36-1-117(i)

STATE OF TENNESSEE

COUNTY OF _________________

Being duly sworn according to law, affiant would state:

1. I am, _________________________________, Guardian Ad Litem for the minor child, ________________________________________, who is fourteen (14) years of age or older and is mentally disabled.

2. I have been appointed by this Court to represent the best interests of this child in the petition for his/her adoption by _______________________________________, (Name of Prospective Adoptive Mother), and __________________________________, (Name of Prospective Adoptive Father). * See Note Below 3. I have investigated the circumstances of the proposed adoption, and have attached hereto my written report giving the basis for my decision to give or withhold consent to the adoption of this child by the petitioners.

3. Based upon my investigation and report, I  give consent /  withhold consent to the adoption of ___________________________, (Name of Child) by the petitioners.

This the _____ day of _______, 20 FURTHER AFFIANT SAITH NOT.

Please Print: ______________________________ (Name of Guardian Ad Litem)

Address: ______________________________ ______________________________ ______________________________ Signature: ______________________________ Sworn to and subscribed before me this the _____day of _________, 20 ____________________________________ NOTARY PUBLIC My Commission Expires: _______________ NOTE TO THE COURT:

A guardian ad litem must be appointed by the court to represent the child before this consent is received, and must be present at the time the consent is received by the Court. The consent shall be filed with the record of this case. The consent must be recited in the order of adoption T.C.A. § 36-1-117(i).

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-117(i), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Amendment filed March 10, 2005; effective July 29, 2005.

Tenn. Comp. R. & Regs. 0250-07-13-.17 ADOPTION CONSENT FORM FOR USE BY GUARDIAN AD LITEM, GUARDIAN OR

CONSERVATOR FOR ADULT WHO IS BEING ADOPTED AND WHO IS MENTALLY DISABLED.

(1) The following form is used to obtain the consent of a guardian ad litem or guardian or conservator to the adoption of a mentally disabled adult as required by T.C.A § 36-1-117(j).

(2) This information shall be confidential and shall only be disclosed as provided by T.CA. §§ 36- 1-101 et seq.

(3) Form:

CONSENT BY GUARDIAN AD LITEM, GUARDIAN OR CONSERVATOR

TO ADOPTION OF MENTALLY DISABLED ADULT

TENNESSEE CODE ANNOTATED, § 36-1-117(j)

STATE OF TENNESSEE

COUNTY OF _________________

Being duly sworn according to law, affiant would state:

1. I am, _________________________________, Guardian Ad Litem, Guardian or Conservator for, ________________________________________, an adult who is mentally disabled.

2. (Guardian Ad Litem only) I have been appointed by this Court to represent the best interests of this disabled adult in the petition for his/her adoption by _______________________________________, (Name of Prospective Adoptive Mother), and __________________________________, (Name of Prospective Adoptive Father).

3. (Guardian Ad Litem only) I have investigated the circumstances of the proposed adoption, and have attached hereto my written report giving the basis for my decision to give or withhold consent to the adoption of this disabled adult by the petitioners.

4. (Guardian Ad Litem only) Based upon my investigation and report, I  give consent /  withhold consent to the adoption of ___________________________, (Name of Disabled Adult) by the petitioners.

5. As Guardian or Conservator, I  give consent/  withhold consent to the adoption of ______________________________, (Name of Disabled Adult) by the petitioners.

This the _____ day of _______, 20 FURTHER AFFIANT SAITH NOT.

Please Print: ______________________________ (Name of Guardian Ad Litem, Guardian or Conservator)

Address: _______________________________ _______________________________ _______________________________ Signature: ________________________________ Sworn to and subscribed before me this the _____ day of _________, 20 ___________________________________ NOTARY PUBLIC My Commission Expires: _______________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-117(j), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.18 FEE DISCLOSURE FORM FOR AGENCY OR LICENSED CLINICAL SOCIAL

WORKER.

(1) The following form is to be used by a licensed child-placing agency or a licensed clinical social worker to disclose, as required by T.C.A. § 36-1-120(b), the fees charged to the prospective adoptive parents, and must be filed with the proposed order of adoption prior to the entry of the order by the Court.

(2) This information shall be confidential and shall only be disclosed as provided by T.CA. §§ 36- 1-101 et seq.

(3) Form:

LICENSED CHILD-PLACING AGENCY OR LICENSED CLINICAL SOCIAL

WORKER FEE DISCLOSURE STATEMENT

TENNESSEE CODE ANNOTATED, § 36-1-120(b)

This affidavit must be filed by the licensed child-placing agency or the licensed clinical social worker with the proposed adoption order prior to entry of the order by the Court.

See, T.C.A. 36-1-120(b).

STATE OF TENNESSEE

COUNTY OF _______________

Being duly sworn according to law, affiant would state:

1. I am ________________________________, an authorized representative of _______________________________________, (Name of Licensed Child-Placing Agency) [or] _____________________________, (Name of Licensed Clinical Social Worker).

2. My agency [or I] has [have] charged __________________________________________________________________________ (Names of Prospective Adoptive Parent(s)) the following fees or other charges involving the placement of the child(ren): _______________________________________________________________________:

(Names of Child(ren))

a. State first the service(s) rendered in the placement of the child(ren) with the petitioner(s) immediately followed by b. The fees charged petitioner(s) for each specific service. (Attach additional sheets if necessary): _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 3. My agency [or I] has [have] charged ________________________________________________________________________ (Names of Prospective Adoptive Parent(s)) the following fees or other charges involving home studies of the prospective adoptive parent(s):

a. State first the service(s) rendered in conducting home studies of the petitioner(s) immediately followed by b. The fees charged petitioner(s) for each specific service. (Attach additional sheets if necessary): _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 4. My agency [or I] has [have] charged ________________________________________________________________________ (Names of Prospective Adoptive Parent(s)) the following fees or other charges involving supervision of the placement of the child(ren) in the home of the prospective adoptive parent(s):

a. State first the service(s) rendered in conducting supervision of the child’s (children’s) placement in the home of the petitioner(s) immediately followed by b. The fees charged petitioner(s) for each specific service. (Attach additional sheets if necessary): _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ This the ____ day of _________, 20 FURTHER AFFIANT SAITH NOT.

Please Print: ______________________________ Authorized Representative of Licensed Child-Placing Agency/or Licensed Clinical Social Worker Address: ______________________________ ______________________________ ______________________________ Signature: ______________________________ Sworn to and subscribed before me this ___ day of , 20 ____________________________ NOTARY PUBLIC My Commission Expires:__________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-120(b), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.19 FEE DISCLOSURE FORM FOR ATTORNEY

(1) The following form is used to by an attorney to disclose, as required by T.C.A. § 36-1-120(b), the fees charged to the prospective adoptive parents, and must be filed with the proposed order of adoption prior the entry of the order by the Court.

(2) This information shall be confidential and shall only be disclosed as provided by T.CA. §§ 36- 1-101 et seq.

(3) Form:

ATTORNEY FEE DISCLOSURE AFFIDAVIT

TENNESSEE CODE ANNOTATED, § 36-1-120(b)

This affidavit must be filed by the attorney representing the petitioners with the proposed adoption order prior to entry of the order by the Court. See, T.C.A. § 36-1-120(b).

STATE OF TENNESSEE

COUNTY OF ____________

Being duly sworn according to law, affiant would state:

1. I am _______________________________, attorney for petitioners _______________________________________________ (Names of Prospective Adoptive Parents) in the adoption proceeding styled: _______________________________________________________ which is filed in the _______________ Court for ________________, County, Tennessee in which they (he/she) have sought to adopt ________________________________________________________________________________________________ (Name(s) of Child(ren)), and in which the Court has ordered the entry of an order of adoption pursuant to that petition.

2. The following are fees charged by me or persons who are employed, contracted by, or associated with me for services rendered for the placement of the child(ren) with the Petitioner(s). (Attach additional sheets if necessary):

a. State first the service(s) rendered in the placement of the child(ren) with the petitioner(s) immediately followed by b. The specific fees charged petitioner(s) for each service: _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 3. The following are fees charged by me or persons who are employed, contracted by, or associated with, me for legal services rendered to Petitioner(s) in the adoption proceedings involving the child(ren): (Attach additional sheets if necessary):

a. State first the legal service(s) rendered in the proceedings for the adoption of the child(ren) by the petitioner(s) immediately followed by b. The specific fees charged petitioner(s) for each service: _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 4. The following are fees paid by me or persons who are employed, contracted by, or associated with, me to any other person or entity for services rendered in securing the placement of the child(ren) with the petitioners or for securing any services related to securing any home studies or surrender of the child(ren):

a. State first the services rendered by persons or entities whose services assisted in securing the child’s (children’s) placement, or for securing a home study or surrender of the child(ren) followed immediately by, b. The specific amount of the fees paid for each service to that person or entity: _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ This the ____ day of _________, 20 FURTHER AFFIANT SAITH NOT.

Please Print: ______________________________ Attorney for Petitioner(s)

Address: ______________________________ ______________________________ ______________________________ Signature: ______________________________ Sworn to and subscribed before me this ____ day of , 20 ____________________________ NOTARY PUBLIC My Commission Expires:___________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-120(b), 36-1-125, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.20 RELEASE OF INFORMATION FORM FOR UPDATED MEDICAL INFORMATION

(1) The following form is used when a request for medical information is made by an adopted person or by a biological or legal relative or the legal representative of the adopted person and they have provided written evidence from a licensed health care professional or a licensed health care facility of a medically established need for additional or updated medical information pursuant to T.C.A. § 36-1-135, and the Department of Children’s Services in these matters, is contacting the persons who have access or who may have access to those records.

(2) This information shall be confidential and shall only be disclosed as provided by T.CA. §§ 36- 1-101 et seq.

(3) Form:

RELEASE OF INFORMATION FOR UPDATED MEDICAL INFORMATION

TENNESSEE CODE ANNOTATED, § 36-1-135(c)

This Release of Information should be used when a request for medical information has been made by an adopted person or by a biological or legal relative or the legal representative of the adopted person and they have provided written evidence from a licensed health care professional or a licensed health care facility of a medically established need for additional or updated medical information about an adopted person, or their biological or legal relatives and the Department of Children’s Services is contacting the persons who have access to or have or may have knowledge of such information. See, T.C.A. 36-1-135.

I, __________________________________, (Name of Person Executing the Release) have been told by the Tennessee Department of Children’s Services that a person eligible to request updated medical, psychological, or psychiatric information has requested additional or updated medical, psychological, or psychiatric information to which I may have access or of which I may have knowledge.

I understand that if I have authority to release such information, that such release is entirely voluntary on my part.

1. I hereby release the following specific information to the Tennessee Department of Children’s Services and its authorized agents to provide such information about me to the treating professionals or health care facilities for the purpose of assisting with the medical, psychological, or psychiatric care of the requesting party (Attach additional sheets if necessary): _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ 2. Names and addresses of treating professionals or health care facilities from whom the information may be released pursuant to my approval (Attach additional names if necessary):

a. _______________________________________________________________ b. _______________________________________________________________ c. _______________________________________________________________ d. _______________________________________________________________ e. _______________________________________________________________ f. _______________________________________________________________ 3. Other than the specific information given above, I wish to share other medical information about me and/or other relatives: (If information is given about other relatives, please specify their relationship to you.) _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ 4. This release shall expire in four (4) months from date of my signature unless otherwise stated here ____________. Thereafter a new release must be executed for further release of additional or updated medical information.

This the ___ day of ______, 20 Please Print: _____________________________ Name of Person Signing Release Signature: _____________________________

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-125, 36-1-135, and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.21 CONSENT BY A LICENSED CHILD-PLACING AGENCY OR BY THE TENNESSEE

DEPARTMENT OF CHILDREN’S SERVICES FOR ADOPTION OF A CHILD

(1) The following form is to be used by a licensed child-placing agency, the Tennessee Department of Children’s Services or an agency such as another state or federal agency to give consent to the adoption of a child by the prospective adoptive parent(s) to the extent that the agency or Department has either full or partial guardianship based upon a surrender, or other relinquishment of parental rights, or by a termination of those rights by involuntary court action.

(2) Form:

CONSENT BY A LICENSED CHILD-PLACING AGENCY OR BY THE TENNESSEE

DEPARTMENT OF CHILDREN’S SERVICES FOR ADOPTION OF A CHILD

T.C.A. §§ 36-1-116(b)(11) and 117(h)

STATE OF (___________________)

COUNTY OF (_________________)

First being duly sworn according to law, affiant would state:

1. I am, , Executive Head of _____________________________________ (a licensed child-placing agency); or an authorized representative of the Tennessee Department of Children’s Services; or an authorized representative of _____________, a state or federal agency with the right to place the child for adoption, (Legal Name of Child) D.O.B.___.

2. My agency or department holds __full or __ partial guardianship of the child by a surrender or relinquishment of rights by one or both parents or guardians of the child, or by termination of the parental or guardianship rights of one or both parents or guardians.

3. I am authorized by my agency to give consent to the adoption of this child by: ________________________________ Prospective Adoptive Mother ________________________________ Prospective Adoptive Father 4. On behalf of my agency, and to the extent of my agency’s full or partial guardianship of: ________________________________________________ (Child’s Name), I give consent to the adoption of this child by the above prospective adoptive parent(s).

This ____day of _________, 20 FURTHER AFFIANT SAITH NOT. _____________________________________ Print Name: Name of Person Authorized to Give Consent _____________________________________ Title Signature: _____________________________________ Sworn to and subscribed before me this _____ day of ________, 20 _____________________________________ NOTARY PUBLIC My Commission Expires: _________________________.

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-116(b)(11), 36-1-117(h), and 36-1-141; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001.

Tenn. Comp. R. & Regs. 0250-07-13-.04 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.05 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.06 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.07 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.08 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.09 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Tenn. Comp. R. & Regs. 0250-07-13-.10 REPEALED

History

• Authority: T.C.A. §§ 4-5-201, et seq., 36-1-111, 36-1-112, 36-1-125, 36-1-141, 37-5-105, and 37-5-106; Public Chapter 532 (1995); and Executive Order #6, January 12, 1996.
• Administrative History: Original rule filed September 7, 2001; effective November 21, 2001. Emergency rule filed September 11, 2015; expired March 9, 2016. Repeal filed May 16, 2024; effective August 14, 2024.

Chapter 0250-07-14 Relative Caregiver Program

Tenn. Comp. R. & Regs. 0250-07-14-.01 PURPOSE OF CHAPTER

The purpose of this chapter is to establish procedures for the Relative Caregiver Program.

History

• Authority: T.C.A. §§ 37-1-186, 37-2-422, and 37-5-105.
• Administrative History: Original rule filed November 5, 2002; effective January 19, 2003. Amendments filed December 15, 2022; effective March 15, 2023. Amendments filed July 12, 2024; effective October 10, 2024.

Tenn. Comp. R. & Regs. 0250-07-14-.02 DEFINITIONS

(1) “Case File” means the file maintained by the Relative Caregiver Program Provider on each participating family in the Relative Caregiver Program.

(2) “Department” or “DCS” means the Department of Children’s Services.

(3) “Eligible Child” means a child under the age of 18 who meets the eligibility criteria to participate in the Relative Caregiver Program or the Relative Caregiver Program or the Relative Caregiver Stipend Program.

(4) “Family Needs Assessment” means the needs assessment tools used to assess family needs during client intake.

(5) “Family Needs Scale” means the standardized, Likert scale used for measuring family need during client intake.

(6) “Foster Care Board Rate” means the regular board payment rate as determined by DCS for the payment to foster parents providing residential care to a child in state custody.

(7) “Relative Caregiver” or “Caregiver” means an individual within a first, second, or third degree of relationship to the parent or the stepparent of the child. This child must be under the relative caregiver’s primary care, control, guidance, and supervision. Relationship is established by blood, marriage, or adoption.

(8) “Relative Caregiver Participant,” “RCP Participant,” or “Participant” means the relative caregiver and family participating in the Relative Caregiver Program or the Relative Caregiver Stipend Program.

(9) “Relative Caregiver Program” or “RCP” means the program created and operated by DCS pursuant to T.C.A. § 37-1-186, T.C.A. § 37-2-422, and these rules.

(10) “Relative Caregiver Program Provider,” “Relative Caregiver Provider,” “RCP Provider,” or “Provider” means a provider that DCS contracts with to operate and implement the Relative Caregiver Program and/or Relative Caregiver Stipend Program.

(11) “Relative Caregiver Stipend Program,” “Stipend Program,” “Relative Caregiver Stipend,” or “Stipend” means the program defined by T.C.A. § 37-2-422 and is a subset of the Relative Caregiver Program.

(12) “Service Plan” means the plan developed as a result of the family needs assessment which outlines the services that will be made available to the child and the relative caregiver(s).

History

• Authority: T.C.A. §§ 37-1-186, 37-2-422, and 37-5-105.
• Administrative History: Original rule filed November 5, 2002; effective January 19, 2003. Amendments filed December 15, 2022; effective March 15, 2023. Amendments filed July 12, 2024; effective October 10, 2024.

Tenn. Comp. R. & Regs. 0250-07-14-.03 PROCEDURES

(1) Eligibility Guidelines for Participation in the Relative Caregiver Program.

(a) The child must reside in the home of the relative caregiver through court order, power of attorney, or an informal agreement with the parents.

(b) The relative caregiver must be willing to take part in a needs assessment via the Relative Caregiver Family Needs Scale, the Home Safety Checklist, or any other needs assessment required by the Department in addition to any safety and needs scales utilized by the provider.

(c) The relative caregiver must agree to accept needed support services through the Relative Caregiver Program.

(d) The relative caregiver must be able to provide a safe home for the child and be committed to providing that home as long as is necessary and appropriate.

(e) A parent of the child may not reside in the home of the relative caregiver.

(f) The relative caregiver must be within the first, second, or third degree of relationship to the parent or stepparent of the child. The relative caregiver must be related to the child through blood, marriage, or adoption. A relative caregiver must demonstrate a qualifying relationship to the child by providing one or more of the following:

1. Birth certificates or copies of birth certificates;

2. Hospital birth records;

3. Juvenile Court or Family Court records that specify relationship;

4. Copies of income tax returns listing the child as a specific relative;

5. Hospital records that specify relationship;

6. DCS or other state department records that specify relationship;

7. Family Bible or other family records that are in ink and have not been altered;

8. Trust documents if relationship is specified in document;

9. Wills and deeds to property if the individual and relationships are specified;

10. Written statements of physicians or midwives who attended the births and remember the names of persons involved;

11. School records that specify relationship;

12. Military records that specify relationship; or 13. Other proof containing sufficient evidence of relationship as approved by the Department.

(g) To be approved for RCP or the Stipend Program, the relative caregiver family must not be receiving any type of DCS kinship payment or subsidy.

(h) Eligibility for the Relative Caregiver Program does not guarantee eligibility for the Relative Caregiver Stipend Program.

(i) The Department may waive these requirements for the non-stipend Relative Caregiver Program for good cause shown after determining in writing that doing so would be in the best interest of the child.

(2) Eligibility Guidelines to Receive the Relative Caregiver Stipend.

(a) In addition to Relative Caregiver Program eligibility, to be eligible for the Stipend, relative caregivers must also meet all of the requirements of T.C.A. § 37-2-422(c). If all of the statutory criteria are not met, then the family is not eligible for the Stipend but may still qualify for the Relative Caregiver Program.

(b) The RCP Provider will redetermine eligibility for the Relative Caregiver Stipend annually and the relative caregiver is responsible for cooperating in the redetermination to ensure continuing eligibility.

1. The RCP Provider will ensure that participants maintain eligibility.

2. DCS will provide guidance to RCP Providers on the requirements for participant redeterminations. The RCP Provider is responsible for gathering the necessary documents from the relative caregiver to support the approval of the participant’s continued enrollment in RCP.

3. RCP Providers will provide to DCS all updated eligibility documents.

4. The RCP Provider will annually provide to DCS, in the manner prescribed by the Department, all redetermination documents even if there have been no changes from the initial submission of the documents.

5. Eligibility for the Stipend ends once the child has reached the age of eighteen (18) years old.

6. Failure to submit redetermination documentation may result in termination of payments and closure of the RCP case.

(c) If any child for whom the relative caregiver is receiving the Stipend enters the custody of the Department, the relative caregiver will no longer be eligible for the Stipend for that child and all payments for that child will cease immediately.

(3) Guidelines for Client Intake and Service Plan Development.

(a) Families may be referred to the Relative Caregiver Program by DCS, hospitals, the Department of Human Services (DHS), community mental health services, schools, juvenile or family courts, Community Services Agencies, private agencies, and other sources. Self-referrals are also allowable. Referrals will be processed in the order of receipt. However, priority will be given to those families referred through DCS, DHS, the courts, and children at risk of placement into state custody.

(b) DCS and Relative Caregiver Program Providers are responsible for determining an individual’s or a family’s eligibility to participate in the program. Eligibility must be redetermined by the RCP Provider annually. The RCP Provider must work to ensure that financial aid and services are provided to families in an equitable, lawful, compliant, and respectful manner. When individuals or families are determined ineligible, appropriate referrals for services will be made to ensure safety and permanence for children in relative care. DCS will monitor Relative Caregiver Program determinations of eligibility. DCS may also conduct on-site case file reviews of Relative Caregiver Providers. While these rules contemplate the Relative Caregiver Program being administered by contracted providers, the Department reserves the right to directly administer the Program.

(c) A referral may be made to the Relative Caregiver Program in the following ways:

1. By submitting the Relative Caregiver Program Referral form to the respective RCP Provider;

2. Calling the Relative Caregiver Hotline; or 3. Contacting the RCP Provider directly;

(d) After a referral is received:

1. The RCP Provider initiates contact to schedule an initial face-to-face visit with the family;

2. The RCP Provider informs referent via email or telephone of family eligibility; and 3. The RCP Provider documents contact with the family in the manner prescribed by DCS.

(e) The RCP Provider and the family must collaboratively complete a Family Needs Scale, a Family Needs Assessment, and develop a service plan.

(f) Once a service plan has been developed, the Relative Caregiver Program Provider must help the family achieve the goals outlined in the agreed upon service plan.

(g) The Family Needs Scale must be used by each Relative Caregiver Program Provider as part of the initial Family Needs Assessment.

(h) A service plan may include, but is not limited to, the following types of referrals and services: individual and family counseling, respite care, legal services, financial aid, recreation, homemaker services, transportation, advocacy, support groups, training, mediation, family conferencing, case management, mentoring, childcare, and children’s activity groups as needed for eligible families. An eligible family may not receive duplicate services.

(i) In compliance with T.C.A. § 37-1-403, if the Relative Caregiver Provider believes there are allegations of abuse or neglect of any child in the home of the relative caregiver, appropriate steps must be taken to ensure the child’s safety. These steps include making a report to the Child Abuse Hotline and notifying the RCP supervisor and DCS Central Office staff of the situation.

(4) Guidelines for Relative Caregiver Provider Staff.

(a) Each Relative Caregiver Program Provider utilizing volunteers shall have written procedures that comply with the terms of their contract and DCS policy/protocol regarding volunteers.

(b) Relative Caregiver Program Provider paid or volunteer staff may not solicit or accept gratuities, favors, or anything of monetary value from program participants.

(c) Relative Caregiver Program Provider paid or volunteer staff may not offer for sale any type of merchandise or other service to RCP participants.

(d) Relative Caregiver Program Provider paid or volunteer staff may not encourage the acceptance of children and their relative caregiver based on any particular belief or philosophy when determining eligibility.

(e) Each Relative Caregiver Program Provider shall make available to DCS an up-to-date written organizational chart clearly defining established lines of authority.

(f) Each Relative Caregiver Program Provider shall have clearly defined job descriptions for staff.

(g) A Relative Caregiver Program Provider staff person shall be designated to ensure that services are available on a day-to-day basis according to the contract, governing statutes, and in a manner that best serves children and their relative caregivers.

(h) Every Relative Caregiver Program Provider paid or volunteer staff person who enters the home of caregivers must display their agency picture identification card.

(i) DCS Contract Agencies will conduct initial and annual background checks on all employees and volunteers who have direct contact with children or families in the RCP program. Background checks must be conducted on all prospective staff and volunteers who have direct contact with children or who work with sensitive or confidential information. These are conducted in accordance with DCS Administrative Policies and Procedures: 4.1 Employee Background Checks.

(j) Every Relative Caregiver Program Provider paid or volunteers staff person must have background check identification in that person’s agency personnel file, pursuant to the program’s contractual agreement with DCS and the DCS Relative Caregiver Program Operations Manual.

(k) No Relative Caregiver Program Provider may unlawfully discriminate against any employee, applicant for employment, or recipient of service. Each program must clearly post signs in English, and other languages as may be appropriate, at agency offices and locations where services are provided, indicating nondiscrimination in hiring, employment practices, and provision of services.

(5) Guidelines for Data Collection and Reporting.

(a) Each Relative Caregiver Program Provider must maintain an accurate, confidential case file on each relative caregiver family participating in the program that documents participant identifying data, requests for services, and services provided.

(b) All Relative Caregiver Program Provider reports and statistics require backup documentation. This record keeping must be done on DCS-approved forms, contained within the case file, and made available to DCS.

(c) Each Relative Caregiver Program Provider must report program and financial data as required by DCS. Providers will submit financial data to DCS on a monthly basis on DCS-approved forms. Each Relative Caregiver Program Provider will provide expenditures by line item in the budget and maintain appropriate backup documentation of these expenditures at the program site.

(d) The Relative Caregiver Program Provider must submit monthly reports and financial invoices to DCS on DCS-approved forms. The RCP Provider must submit a report detailing achievement of outcomes set forth in the agency’s contract, such as aggregated data for the number of persons served, cases closed, services provided, educational workshops provided, support groups provided, demographic summaries, placement reason by county, and closed cases of caregivers and children.

(6) Guidelines for the Dissemination of Financial Aid through the Relative Caregiver Program.

(a) Children and their relative caregivers may have special non-recurring needs for financial aid. Meeting these needs will enable families to provide safe, stable homes for children that support appropriate growth, development, and good health. The Relative Caregiver Program will provide financial support to all eligible families with the need for financial aid as funds permit.

1. Financial aid may be used to purchase a wide range of tangible items, supports, services, or other needs.

2. Financial aid may not duplicate available existing supports.

3. All financial aid determinations will be based on written requests for assistance submitted by the Relative Caregiver Program staff person to an RCP Provider designee. This written request must be contained within the case file.

4. Each Relative Caregiver Program Provider should develop, utilize, and continuously update an inventory of available services and supports in their communities to ensure that Program funds are not used to duplicate existing services.

5. Each Relative Caregiver Program Provider must maintain adequate support documentation in the case file to verify that contracted and paid for services and expenses actually occurred.

(b) Relative Caregivers who qualify for the Stipend Program will utilize the funds for any caretaking function that best suits the support of the child’s stability and upbringing. All other Relative Caregiver Program grant dollars that are provided as financial aid will be spent to support the permanency and well-being of the child with the caregiver.

(7) Financial Aid Revisions, Renewals, and Terminations.

(a) DCS may adjust financial aid assistance and the Stipend rates and payments based on the availability of funds. If stipends are denied due to insufficient appropriations as outlined in Tenn. Comp. R. & Regs, 0250-07-14-.03(11), then no appeal will be afforded.

(b) Relative Caregiver Stipend payments shall terminate when one of the following occurs:

1. The relative caregiver requests termination;

2. The relative caregiver’s legal responsibility to the child ends;

3. The relative caregiver fails to complete the redetermination process within the time frames outlined above in Tenn. Comp. R. & Regs. 0250-07-14-.03(2)(b).

4. The child marries;

5. The child dies; or 6. The child no longer meets the continuing eligibility criteria used to continue the Stipend as outlined in Tenn. Comp. R. & Regs. 0250-07-14-.03(2) and T.C.A. § 37-2-422.

(c) If DCS determines that the relative caregiver was made eligible for the Stipend Program in error, DCS reserves the right to terminate the Stipend due to error or oversight concerning the determination of eligibility for the Stipend Program.

(d) When the Department becomes aware of overpayment to a relative caregiver, the Department may take necessary action to recover overextended funds.

(8) Notification of Change.

(a) Relative caregivers will notify the Department of Children’s Services relative caregiver staff when there is a change in circumstances that warrants a modification or termination of the financial aid being received or the Stipend being received. This includes, but is not limited to, the child being removed from the care and custody of the relative caregiver and placed into the custody of another individual or entity.

(b) In the event the relative caregiver becomes incapacitated or dies, the Relative Caregiver Stipend may be transferred to a successor relative caregiver if all eligibility criteria are met.

(9) Appeals.

(a) Relative caregivers may appeal DCS’s denial, termination, or modification of the child’s Stipend by using the Department’s Fair Hearing and Appeal Process. Relative caregivers must appeal an adverse decision within ten (10) business days of written notice of adverse action. If the adverse action is upheld, the appeal payments continued during the appeal period will be considered an overpayment subject to recovery. The following are the steps in the appeal process:

1. If DCS determines the Stipend will be denied, terminated, or modified, the Relative Caregiver Provider must notify the relative caregiver, within five (5) business days, in writing of the adverse action. The Appeal for Fair Hearing form must be given to the relative caregiver at the same time as the notification.

2. The relative caregiver must be informed about the timeframe to file an appeal and be provided with the fax number, mailing address, and email address to file the Appeal for Fair Hearing form.

3. The DCS Administrative Procedures Division (APD) will notify the appropriate DCS office if an appeal of the Relative Caregiver Program Stipend is received.

Once notified by the APD, the DCS office must follow the APD’s direction to ensure due process protocol is followed.

4. DCS or RCP Provider staff must complete an Appeal Summary as directed by the APD.

5. This appeal process only applies to the denial, termination, or modification of receiving the Stipend and shall not apply to the appeal process for denial or termination of enrollment outlined in Tenn. Comp. R. & Regs. 0250-07-14- .03(9)(b).

(b) Relative caregivers may appeal DCS’s denial or termination of their enrollment in the Relative Caregiver Program by the following process:

1. If the RCP Provider determines that enrollment in the Relative Caregiver Program is denied or terminated, the relative caregiver must inform the RCP Provider of their objection within ten (10) business days of the determination.

Failure to timely object will end any further appeal of the decision.

2. Upon receiving an objection, the RCP Provider notifies DCS Central Office via email within five (5) business days for a file review of the determination. DCS Central Office has ten (10) business days from the receipt of the notification to respond in writing to the relative caregiver detailing the outcome of the file review and the justification for the determination.

3. If DCS Central Office upholds the denial or termination of enrollment in the RCP Program, an Appeal for Fair Hearing form is included in the written notice of adverse action to the relative caregiver. The relative caregiver must also be informed about the timeframe to file an appeal and be provided with the fax number, mailing address, and email address to file the Appeal for Fair Hearing form.

4. Relative caregivers must appeal DCS Central Office’s decision denying or terminating enrollment in the Relative Caregiver Program within ten (10) business days of written notice of adverse action.

5. The APD will notify the appropriate DCS office when an appeal of the Relative Caregiver Program is received. Once notified by the APD, the DCS office must follow the APD’s direction to ensure due process protocol is followed.

6. DCS or RCP Provider staff must complete an Appeal Summary as directed by the APD.

(c) A relative caregiver is not eligible for the Relative Caregiver Program or Relative Caregiver Stipend Program while the child is not in their custody but may be eligible if the child returns to their custody or a subsequent child is placed in their custody.

(10) Guidelines for the Training of Relative Caregiver Program Provider Staff.

(a) Relative Caregiver Program Provider staff should receive adequate training in the following areas:

1. Evaluating home safety;

2. Identifying and helping relative caregivers understand the physical and mental development patterns and the emotional and behavioral disorders of children;

3. How to work with the relative caregiver, the child, and the birth parent when appropriate;

4. Observing evidence of prior or current substance abuse of caregivers;

5. Observing the relative caregiver’s physical and mental functioning;

6. Determining the availability of a supportive extended family system;

7. Assessing the relative caregiver’s willingness and ability to provide a safe, permanent home;

8. Implementing service plan recommendations and meeting any special needs of the child(ren) in their home;

9. Private and public benefits potentially available to relative caregiver families; and 10. Understanding the purpose of the Relative Caregiver Program, the role of the Department of Children’s Services relative to this Program, and the philosophy, ethics, policies, and procedures for the Program.

(b) Records identifying dates of training and topics covered are to be maintained in the Relative Caregiver Program staff personal file.

(11) Stipend Payments in the Event of Insufficient Appropriations.

(a) The Department will make payments to eligible relative caregivers enrolled in the Stipend Program equal to the amount specified in T.C.A. § 37-2-422 for the care of the child subject to the appropriation of sufficient funds to make such payments. Should insufficient funds be appropriated for the Stipend Program to provide Stipend payments to all eligible relative caregivers, then the Department will provide funds to eligible, enrolled relative caregivers on a first-come, first-served basis. Eligible relative caregivers who do not receive the Stipend payment due to insufficient appropriations will be waitlisted and enrolled in the Stipend Program on a first-come, first-served basis once there is availability in the Stipend Program or additional funds are appropriated subject to the relative caregiver’s continued eligibility.

History

• Authority: T.C.A. §§ 37-1-186, 37-2-422, and 37-5-105.
• Administrative History: Original rule filed November 5, 2002; effective January 19, 2003. Amendments filed December 15, 2022; effective March 15, 2023. Amendments filed July 12, 2024; effective October 10, 2024.

Chapter 0250-07-15 Foster Parents' Bill of Rights

Tenn. Comp. R. & Regs. 0250-07-15-.01 PURPOSE OF CHAPTER

(1) The purpose of this chapter is to provide, in compliance with T.C.A. § 37-2-415, procedures for the selection, training, and implementation of Foster Parent Advocates in conjunction with the Foster Parents’ Bill of Rights. It also provides procedures for foster parents, with the assistance of the Foster Parents’ Advocates, to file grievances and appeals when necessary, and when the foster parents are not in agreement with actions taken by the Department of Children’s Services.

History

• Authority: T.C.A. §§ 37-5-105, 37-2-405, and 37-2-415.
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002. Amendments filed August 8, 2017; effective November 6, 2017.

Tenn. Comp. R. & Regs. 0250-07-15-.02 DEFINITIONS FOR PURPOSES OF THIS CHAPTER

(1) Advocate – An advocate is a specially trained foster parent, who is educated concerning procedures relevant to allegations of abuse/neglect and investigations by the Department of Children’s Services (DCS), including the rights of accused foster parents, and trained in assisting/supporting said parents in following policy or filing grievances/appeals with DCS.

The advocate shall be permitted to be present at all portions of investigations where foster parents are present, and all communications received by the advocate therein are strictly confidential.

(2) Foster Parent – A person who has been trained and approved by the department or licensed child-placing agency to provide full-time temporary out-of-home care in a private residence for children who, for various reasons, can no longer remain in their own homes, or the prospective adoptive parents who have received a child as a result of the surrender of parental rights, a parental consent, or as the result of a termination of parental rights.

(3) Department – The Tennessee Department of Children’s Services or any of its divisions or units.

History

• Authority: T.C.A. §§ 36-1-102, 37-2-415, and 37-5-105.
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002. Amendments filed August 8, 2017; effective November 6, 2017.

Tenn. Comp. R. & Regs. 0250-07-15-.03 PROCEDURES FOR FOSTER PARENTS’ BILL OF RIGHTS

(1) Selection of Advocates in child abuse/neglect investigation involving the foster parent(s):

Advocates will be selected and approved by a representative from the recognized statewide foster parent associations, a DCS Central Office Program representative, and the Regional Administrator or designee from the region where the advocate will serve.

(2) Qualifications of the Advocates:

(a) Each potential Advocate must complete an application form and supply names of references.

(b) The Advocate must be a current approved foster parent or a previous foster parent who closed in good standing with the Tennessee Department of Children’s Services within two years of appointment and who has maintained ongoing training to remain aware of current standards.

(c) The Advocate must be a member in good standing of a recognized statewide foster parent association.

(d) The Advocate must have completed the official Department of Children’s Services foster parent training or equivalent training as determined by the Department of Children’s Services.

(e) The Advocate must be able to communicate effectively as evidenced through the interview process.

(3) The Advocacy Committee for the Advocacy Program:

(a) A committee for the advocacy program shall be established with representation that consists of two representatives from recognized statewide foster parent associations, two Department of Children’s Services Regional Administrators, one Central Office Program representative, and two existing Advocates. Committee members will serve one year terms and must either be re-appointed or replaced by their respective entities/agencies.

(b) All members of the Advocacy Committee who are not departmental employees shall receive the Advocate’s training, as set out in Part 4.

(4) Advocates’ Training:

(a) Each Advocate selected shall receive a minimum of fifteen hours of pre-service training, consisting of, but not limited to: Office of Child Safety policy and procedures; riskoriented case management information; the official Department of Children’s Services foster parent training; foster care board payment information, an overview of case management policies/procedures, Advocate protocols, communication techniques, and record-keeping.

(b) The training shall be facilitated by a contract agency, in conjunction with the Department of Children’s Services program staff and with oversight by a recognized statewide foster parent association representative.

(c) Each Advocate will receive a minimum of twenty hours in-service training per year, including program policy and procedure updates on both foster care and child protective services.

(5) Complaints and Mediation:

(a) Any foster parent who believes that the Department of Children’s Services is in violation of the Foster Parents’ Bill of Rights, T.C.A. § 37-2-415, or otherwise has a complaint should first discuss their concerns with the Case Manager assigned to the foster home and attempt to resolve the issue. This step may involve showing the foster parent the written policy and procedures relative to approval of a foster home or any ongoing casework activities.

(b) If the Case Manager and the foster parent cannot resolve the issue, then the foster parent shall notify the Team Leader and request assistance from the Team Leader in mediating the conflict.

(c) If the Case Manager and the Team Leader cannot make correction or adjustments, the foster parent shall notify the Team Coordinator in writing of their concerns, and request a meeting with the Team Coordinator.

(d) A meeting with the Team Coordinator and all parties must take place within seven working days of the receipt of the foster parent complaint.

(e) The outcome of the meeting with the Team Coordinator shall be documented in writing within two working days of the meeting; responsibility for the documentation is with the Case Manager with the supervisory approval and signature of the Team Leader.

(f) The Team Coordinator must then make a recommendation in writing for any action or decision resulting from the meeting. Copies of the Team Coordinator’s recommendation must be forwarded to all participants.

(g) Within seven working days of receiving the Team Coordinator’s recommendation, the foster parent may seek review by the Regional Administrator of the Department of Children’s Services.

(h) Upon receipt of the request for review, the Regional Administrator shall review all the information, and shall schedule an additional interview with the foster parent(s), DCS staff, and/or other relevant parties.

(i) Copies of the Regional Administrator’s approval or modification of the Team Coordinator’s recommendation must be forwarded to all participants.

(j) Within seven working days of the Regional Administrator’s decision, the foster parent may seek review from DCS’ Central Office.

History

• Authority: T.C.A. §§ 37-2-405, 37-2-415, and 37-5-105.
• Administrative History: Original rule filed October 26, 2001; effective January 9, 2002. Amendments filed August 8, 2017; effective November 6, 2017.

Chapter 0250-07-16 Foster Child Bill of Rights

Tenn. Comp. R. & Regs. 0250-07-16-.01 PURPOSE

The purpose of this chapter is to provide, in compliance with T.C.A. § 37-2-417, procedures for ensuring that a foster child is aware of the rights belonging to all children.

History

• Authority: T.C.A. §§ 37-2-417, 37-5-105, and 37-5-112.
• Administrative History: New rules filed April 14, 2026; effective July 13, 2026.

Tenn. Comp. R. & Regs. 0250-07-16-.02 DEFINITIONS

(1) “Department” or “DCS” means the Department of Children’s Services.

(2) “Foster Child” means a child or youth that has been placed in the legal custody or guardianship of the Department of Children’s Services.

(3) “Foster Child Bill of Rights” means the actual document given to a foster child that lists the child’s rights.

History

• Authority: T.C.A. §§ 37-2-417, 37-5-105, and 37-5-112.
• Administrative History: New rules filed April 14, 2026; effective July 13, 2026.

Tenn. Comp. R. & Regs. 0250-07-16-.03 PROCEDURES FOR FOSTER CHILD BILL OF RIGHTS

(1) For a foster child over the age of thirteen (13), the DCS case manager shall review the Foster Child Bill of Rights with the child in person and provide the child a copy of the Foster Child Bill of Rights within thirty (30) days of the date that the child entered foster care.

(2) For a foster child under the age of thirteen (13) or whose capacity to understand his/her rights may be limited, the DCS case manager shall meet with the foster child and the foster child’s foster parent(s); review the Foster Child Bill of Rights with the foster child and the foster parent(s); and provide the foster child and the foster parent(s) a copy of the Foster Child Bill of Rights on the foster child’s behalf.

(3) The foster child’s DCS case manager shall also review the Foster Child Bill of Rights with a foster child as part of the foster child’s annual permanency hearing and provide the foster child with a current copy of the Foster Child Bill of Rights. In the event the foster child is unable to personally appear for his/her annual permanency hearing, the DCS case manager shall make reasonable efforts to meet with the foster child and provide the Foster Child Bill of Rights to the foster child prior to the permanency hearing.

History

• Authority: T.C.A. §§ 37-2-417, 37-5-105, and 37-5-112.
• Administrative History: New rules filed April 14, 2026; effective July 13, 2026. July, 2026 2

Tenn. Comp. R. & Regs. 0250-07-16-.04 FOSTER CHILD BILL OF RIGHTS

A foster child must be informed of the following rights and given a copy of the following rights at the timeframes listed in Rule 0250-07-15-.03:

(1) To go to school and receive an education that fits the child’s age and individual needs;

(2) To benefit from appropriate care and treatment in the least restrictive setting possible;

(3) To live in a safe, healthy environment free from abuse, neglect, and pests;

(4) To report any violation of personal right specified in this section without fear of punishment, interference, coercion, or retaliation;

(5) To receive medical, dental, vision, and mental health services as recommended by an appropriate professional, and to be informed about diagnoses and treatment options as is developmentally appropriate; and (6) To be free from punishment in the form of restrictions on or supervision of contact with any legal representative, including any appointed guardian ad litem, attorney ad litem, or appointed counsel with whom the foster child has a right to confidential communication.

History

• Authority: T.C.A. §§ 37-2-417, 37-5-105, and 37-5-112.
• Administrative History: New rules filed April 14, 2026; effective July 13, 2026.

Tenn. Comp. R. & Regs. 0250-07-16-.05 REPORTING A CONCERN

If a foster child, or his/her representative, has concerns relating to the foster child’s rights provided in the Foster Child Bill of Rights, the concern may be reported to the Department’s Customer Relations Unit via telephone at 1-800-861-1935 or via email at DCS.Custsrv@tn.gov. Reported concerns will be addressed in accordance with applicable Department policies and procedures.

History

• Authority: T.C.A. §§ 37-2-417, 37-5-105, and 37-5-112.
• Administrative History: New rules filed April 14, 2026; effective July 13, 2026.