reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-306 - Community services agency board - Powers

The board has the following powers and duties in addition to the powers and duties granted to or imposed upon it by other sections of this part to:
(1)
Adopt written policies, procedures or rules and regulations to govern its internal operations. If such rules and regulations are proposed, they must be submitted for prior approval to the commissioner;
(2)
Make and execute contracts and all other instruments necessary or convenient for the exercise of its duties and responsibilities under this part. All contracts pertaining to acquisitions and improvement of real property, pursuant to §
4-15-102
, must be approved in advance by the commissioner and the state building commission. Contracts for services must be approved pursuant to rules and regulations promulgated by the commissioner;
(3)
Acquire or dispose of in the name of the board, real or personal property or any interest therein, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise, subject to subdivision (2);
(4)
Procure insurance in amounts and from insurers that it deems desirable to protect itself in carrying out its duties and responsibilities under this part;
(5)
Seek assistance from the commissioner of finance and administration, the comptroller of the treasury, the state treasurer and other state agencies;
(6)
Receive, administer, allocate and disburse funds made available under this part, funds and contributions from private or local public sources that may be used in support of a community services program, and funds made available under any federal or state assistance program for which an agency organized in accordance with this part may serve as grantee, contractor or sponsor of projects appropriate for inclusion in community services programs;
(7)
Perform other acts necessary or convenient to exercise the powers granted or reasonably implied in this part;
(8)
Procure goods, materials, supplies and equipment in accordance with applicable state or federal guidelines, and where practical, on a competitive basis; and
(9)
Contract with other state agencies to provide services to those agencies as deemed appropriate by the board.
Acts 1989, ch. 567, § 6; T.C.A., § 68-2-1106; Acts 1996, ch. 1079, § 149.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-307 - Commissioner - Powers and duties

(a)
The commissioner has the duty and responsibility to:
(1)
Promulgate rules and regulations to carry out the commissioner's responsibilities under this part;
(2)
Review and approve plans of operation submitted in accordance with §
37-5-310
;
(3)
Enter into such contracts, subject to applicable rules and regulations and procedures, as necessary to carry out this part;
(4)
Appoint an executive director for each agency with such appointment subject to the approval of the agency board. Nothing in this subdivision (a)(4) shall prohibit a board from submitting recommendations to the commissioner for the appointment of an executive director;
(5)
Require each agency to submit annual reports on each preceding fiscal year to reflect the nature and extent of all financial transactions and to assure financial integrity; and
(6)
Perform other acts necessary or convenient to exercise the powers granted or reasonably implied in this part.
(b)
All rules concerning community service agencies promulgated by the commissioner of children's services prior to July 1, 2005, and in effect on March 12, 2014, shall remain in full force and effect and shall be administered by the department of finance and administration until duly amended, repealed, expired, modified or suspended.
Amended by 2021 Tenn. Acts, ch. 129, s 1, eff. 4/13/2021.
Amended by 2014 Tenn. Acts, ch. 525, s 3, eff. 3/12/2014.
Acts 1989, ch. 567, § 7; T.C.A., § 68-2-1107; Acts 1996, ch. 1079, § 149; 2001, ch. 390, § 3; 2006, ch. 1011, § 7.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-308 - Executive director - Employees and expenses

The executive director, subject to approval of the board and approval of the plan of operation pursuant to §
37-5-310
, has the authority to hire such employees and incur such expenses as may be necessary for proper discharge of the duties of the agency.
Acts 1989, ch. 567, § 8; T.C.A., § 68-2-1108; Acts 1996, ch. 1079, § 149; 2001, ch. 390, § 4.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-309 - Contracts for provisions of health care - Termination

(a)
The agency shall, to the maximum extent possible, contract with private providers, clinics and local governments for the provision of services for the citizens of the state.
(b)
The agency shall terminate a contract under the following conditions:
(1)
Fraud or misappropriation of funds;
(2)
Delivery of services under the contract in a manner not consistent with the appropriate standard of care; or
(3)
Other reasons provided under the law and rules and regulations of the commissioner promulgated pursuant to this part.
(c)
Additionally, the agency shall have authority to terminate a contract for cause.
Acts 1989, ch. 567, § 9; T.C.A., § 68-2-1109; Acts 1996, ch. 1079, § 149; 2006, ch. 1011, §§ 8, 9.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-310 - Plan of operation

(a)
At least ninety (90) days prior to the beginning of each state fiscal year, the board shall submit a plan of operation for review and approval to the commissioner. The plan of operation shall be in such form as may be required by the department and shall include, but not be limited to, the following:
(1)
A budget for operating and capital expenditure;
(2)
Contracts for services;
(3)
Appropriate policies and procedures adopted by the board to govern the expenditure of funds; and
(4)
Other items as required by the department through rules and regulations.
(b)
The plan of operation may be amended during the fiscal year with the written approval of the commissioner.
Amended by 2021 Tenn. Acts, ch. 129, Secs.s2, s3 eff. 4/13/2021.
Acts 1989, ch. 567, § 11; T.C.A., § 68-2-1111; Acts 1996, ch. 1079, § 149; 2006, ch. 1011, §§ 10, 11.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-311 - Disposition of funds

(a)
The executive director of each agency shall deposit with the state treasurer funds received from the United States treasury and other funds earned, given or granted to the agency, including state funds.
(b)
Such funds may be invested in the local government investment pool pursuant to title 9, chapter 4, part 7.
(c)
The board may establish such bank accounts pursuant to §
9-4-302
, as are necessary for the efficient management of the agency.
Acts 1989, ch. 567, § 12; T.C.A. § 68-2-1112; Acts 1996, ch. 1079, § 149.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-312 - Annual reports

(a)
Each board shall make an annual report to the governor and to the commissioner.
(b)
This report shall contain an accounting for all money received and expended, statistics on persons served during the year, recommendations and such other matters as the board deems pertinent.
Acts 1989, ch. 567, § 13; T.C.A., § 68-2-1113; Acts 1996, ch. 1079, § 149.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-313 - Annual audit - Accounting records

(a)
The comptroller of the treasury shall make an annual audit of the program established by this part as part of the comptroller's annual audit pursuant to §
9-3-211
.
(b)
The community services agencies shall maintain all books and records in accordance with generally accepted accounting principles, and any additional accounting and reporting requirements published by the comptroller of the treasury. Such records shall be made available for inspection to the department and the comptroller of the treasury, upon request.
Amended by 2016 Tenn. Acts, ch. 573,s 1, eff. 3/8/2016.
Acts 1989, ch. 567, § 14; T.C.A., § 68-2-1114; Acts 1996, ch. 1079, § 149.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-314 - State employees

Employees of the community services agencies shall be considered "state employees" for purposes of §
9-8-307
. Designated volunteers providing services under this part shall also be considered "state employees" for purposes of §
9-8-307
; provided, that designated volunteers who are medical professionals providing direct health care pursuant to this part shall be considered "state employees" solely for the category of "professional liability" pursuant to §
9-8-307
.
Acts 1989, ch. 567, § 15; 1993, ch. 530, § 2; T.C.A., § 68-2-1115; Acts 1996, ch. 1079, § 149; 2012, ch. 798, § 16.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-315 - Construction - Generally

This part shall be given the following construction:
(1)
This part shall be construed as remedial legislation and shall be given liberal construction to effectuate its purpose;
(2)
This part shall not be construed as creating an employer-employee relationship between the department, the community services agencies or their contractors; and
(3)
If any provision of this part or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provisions or applications, and to that end the provisions of this part are declared to be severable.
Acts 1989, ch. 567, § 17; T.C.A., § 68-2-1117; Acts 1996, ch. 1079, § 149.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-316 - Participation in retirement system

(a)
Community services agencies shall be eligible to be participating employers in the Tennessee consolidated retirement system.
(b)
All liabilities owed by a community health agency and all assets of whatever kind and nature and wherever located, including, but not limited to, real property, personal property, cash, equipment and fund balances held in the name of a community health agency shall be transferred to the appropriate community services agency.
(c)
The employees of a community health agency shall be transferred to the appropriate community services agency, and such transfer shall not constitute a break in service for such employees.
(d)
No action taken pursuant to this act shall be deemed to change the structure of the organization, formerly known as a community health agency, for federal tax reporting purposes, nor reduce employees' benefit-related plans including, but not limited to, retirement plans, deferred compensation plans, cafeteria plans and health plans.
(e)
Contracts or leases entered into prior to May 21, 1996, by and between a community health agency and any entity shall continue in full force and effect as to all essential provisions in accordance with the terms and conditions of such contracts or leases as if such contracts or leases had originally been entered into by and between such entities and the appropriate community services agency, unless and until such contracts or leases are amended or modified by the parties thereto or until the expiration of such contracts or leases.
Acts 1990, ch. 1027, § 13; 1995, ch. 164, § 11; T.C.A., § 68-2-1118; Acts 1996, ch. 1079, § 149.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-317 - Transfer of career service employees from community services agencies to the department of children's services or the department of health in certain communities

(a)
Notwithstanding any law to the contrary, including §
8-30-309
, and recognizing the years of faithful and dedicated service to the state of Tennessee by the employees of the community services agencies, community services agency employees who serve in jobs that would be classified as career service, as formerly defined in §
8-30-208
[repealed and reenacted], had they been employed in the state service, and whose functions and positions are transferred to either the department of children's services or the department of health by each department's respective commissioner on or before June 30, 2006, shall be transferred into the department of children's services or the department of health. Such employees shall receive the benefits and protection of career service status and shall be eligible for participation in the state health insurance plan without further examination or competition.
(b)
All community service agency employees transferred to the department of children's services or the department of health, pursuant to this part, shall be subject to a minimum probationary period of six (6) months, beginning on the first day of service with the respective department, pursuant to §
8-30-312
, unless the transferred community service agency employee has previously served the minimum six-month probationary period.
(c)
All such transfers shall take place no later than June 30, 2006.
(d)
Transfers of employees from the community services agencies to the department of children's services or the department of health, pursuant to this section, shall not result in any diminution, impairment or interruption of current salary, accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan; however, this shall not impair the department's authority, through establishing policies and procedures, to correct salary disparities through the promotional process.
(e)
Any employee so transferred shall be eligible for promotion pursuant to the provisions of title 8, chapter 30, after the transfer takes effect.
(f)
This section shall not apply to a county having a metropolitan form of government whose employees provide services for the community service agencies pursuant to §
37-5-304
.
Amended by 2022 Tenn. Acts, ch. 655, s 29, eff. 7/1/2022.
Acts 2001, ch. 390, § 1; 2005, ch. 354, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-318 - Transfer of employees from community services agencies to the department of children's services in counties with a metropolitan form of government

(a)
Notwithstanding any law to the contrary, including §
8-30-309
, any county having a metropolitan form of government whose employees provide services for the community services agency, pursuant to §
37-5-304
, and who serve in positions funded by the department of children's services may be transferred to the department of children's services by the commissioner, on or before June 30, 2006. Such employees shall receive the benefits and protection of career service status and shall be eligible for participation in the state health insurance plan without further examination or competition. Salaries of transferred employees of a county having a metropolitan form of government shall be within the appropriate salary range for state job classifications and shall be at least equal to, but not less than, the median salary of department of children's services employees in the county having a metropolitan form of government.
(b)
All employees of a county having a metropolitan form of government who provide services for the community services agency, pursuant to §
37-5-304
, and who are transferred to the department of children's services, pursuant to this section, shall be subject to a minimum probationary period of six (6) months beginning on the first day of service with the department, pursuant to §
8-30-312
, unless the transferred employee has previously served the minimum six-month probationary period.
(c)
All such transfers shall take place no later than June 30, 2006.
Amended by 2022 Tenn. Acts, ch. 655, s 29, eff. 7/1/2022.
Acts 2005, ch. 354, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 3 - COMMUNITY SERVICES AGENCY ACT OF 1996 (§§ 37-5-301 — 37-5-319) › Section 37-5-319 - Transfer of executive service employees whose functions are transferred from community services agencies to the department of children's services

(a)
Notwithstanding any provisions of law to the contrary, including §
8-30-309
, and recognizing the years of faithful and dedicated service to the state of Tennessee by the employees of the community services agencies, community services agency employees who serve in jobs that would be classified as executive service, as formerly defined in §
8-30-208
[repealed and reenacted], had they been employed in the state service, and whose functions and positions are transferred to the department of children's services by the commissioner on or before June 30, 2006, shall be transferred into the department of children's services. Such employees shall be eligible for participation in the state health insurance plan without further examination or competition.
(b)
All such transfers shall take place no later than June 30, 2006.
(c)
Transfers of employees from the community services agencies to the department of children's services pursuant to this section shall not result in any diminution, impairment or interruption of accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan.
Acts 2005, ch. 354, § 3.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 4 - TRAFFICKING IN CHILDREN (§§ 37-5-401 — 37-5-407) › Section 37-5-401 - Consent required for importation of child

No person, agency, association, institution or corporation shall bring or send into this state any child for the purpose of giving the child's custody to some person, institution, corporation or agency in the state, or procuring its adoption by some person in the state without first obtaining the written consent of the department of human services.
Williams, § 4727.1; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-505, 14-9-201; T.C.A., § 71-3-401; Acts 1996, ch. 1079, § 157.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 4 - TRAFFICKING IN CHILDREN (§§ 37-5-401 — 37-5-407) › Section 37-5-402 - Placement of imported child

(a)
The person, agency or corporation with whom a child is placed for either of the purposes set out in §
37-5-401
shall be responsible for the child's proper care and training.
(b)
The department of human services, through its agents, shall permit the placing of such child only with a licensed child-caring or child-placing agency or maternity home or in a family home that has been studied and approved by the department's own agent.
Acts 1951, ch. 116, § 1 (Williams, § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1506, 14-9-202; T.C.A., § 71-3-402; Acts 1996, ch. 1079, § 157.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 4 - TRAFFICKING IN CHILDREN (§§ 37-5-401 — 37-5-407) › Section 37-5-403 - Bond on importation of child

(a)
The department may in its discretion require of a person, agency, association, institution or corporation that brings or sends a child into the state, with the written consent of the department, as provided in §
37-5-401
, a continuing bond in a sum not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), with such condition as may be prescribed and such sureties as may be approved by the department.
(b)
Such bond shall be made in favor of, and filed with, the department, with the premium prepaid by the person, agency, association, institution or corporation desiring to place such child in the state.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1507, 14-9-203; T.C.A., § 71-3-403; Acts 1996, ch. 1079, § 157.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 4 - TRAFFICKING IN CHILDREN (§§ 37-5-401 — 37-5-407) › Section 37-5-404 - Consent to take child out of state

(a)
No child shall be taken or sent out of the state for the purpose of placing the child in a foster home or in a child-caring institution without first obtaining the written consent of the department of human services.
(b)
All out-of-state placements shall be cleared with the proper authorities of the receiving state by the department.
(c)
The foster home or child-caring institution in which the child is placed shall report to the department at such times and through such agency and in such form as the department may direct as to the location and well-being of such child.
(d)
A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1508, 14-9-204; Acts 1989, ch. 591, § 113; T.C.A., § 71-3-404; Acts 1996, ch. 1079, § 157.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 4 - TRAFFICKING IN CHILDREN (§§ 37-5-401 — 37-5-407) › Section 37-5-405 - Penalty for violations

Every person acting for that person or for any agency who violates any of the provisions of this part, or any agency or corporation that, through its agents, violates any of the provisions of this part, or any person or agency that makes any false statements to the department of human services regarding the placement of such child, as herein set out, commits a Class A misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200), or by imprisonment for not more than six (6) months, or by both fine and imprisonment.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), § 14-1509, Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 14-9-205; T.C.A., § 71-3-405; Acts 1996, ch. 1079, § 157.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 4 - TRAFFICKING IN CHILDREN (§§ 37-5-401 — 37-5-407) › Section 37-5-406 - Exemption of relatives of child

None of the provisions of this part shall apply when a child is brought into, or sent into, or taken out of, or sent out of the state, by a parent, stepparent, grandparent or other natural or legal guardian of the child.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); T.C.A. (orig. ed.), §§ 14-1510, 14-9-206; T.C.A., § 71-3-406; Acts 1996, ch. 1079, § 157.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 4 - TRAFFICKING IN CHILDREN (§§ 37-5-401 — 37-5-407) › Section 37-5-407 - Policy to assist foreign national children suspected of being victims of human trafficking - Development of assessment tools

(a)
The department shall develop a policy to assist foreign national children suspected of being victims of human trafficking.
(b)
The department must develop and maintain assessment tools to screen system-involved children at risk of human trafficking for experiences of commercial sexual exploitation. The assessment tools must also be distributed to juvenile justice agencies for use in screening children identified to be at risk for being a victim of human trafficking.
Added by 2022 Tenn. Acts, ch. 1115,s 11, eff. 7/1/2022.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-503 - Program and facilities exempt from licensing

The following entities, facilities or programs are excluded from licensing or approval as child care agencies pursuant to this part:
(1)
All child care regulated by the departments of education or human services;
(2)
Public or private summer day camps or overnight camps such as those operated by the Boy or Girl Scouts, the YMCA or YWCA, by church or religious organizations or by organizations representing disabled children that operate less than ninety (90) days per year and other similar businesses or programs as determined by the department;
(3)
Entities or persons licensed or otherwise regulated by other agencies of the state or federal governments providing health, psychiatric or psychological care or treatment or mental health care or counseling for children while the entity or person is engaged in such licensed or regulated activity;
(4)
Schools and educational programs and facilities, the primary purpose of which is to provide a regular course of study necessary for advancement to a higher educational level or completion of a prescribed course of study, and that may, incident to such educational purpose, provide boarding facilities to the students of such programs; provided, that boarding schools that provide services intended to correct or ameliorate behaviors of youth that prevent or inhibit their ability to function normally in their home, community, or school, or agencies serving children as an alternative to their remaining in a dysfunctional or harmful home environment, shall not be exempted from licensure as a child care agency under this part; and
(5)
Orphanages or other similarly designated homes affiliated with, funded, and operated by a church or religious organization, which homes receive their principal financial support from such church or religious affiliation in counties having a population of not less than twelve thousand three hundred (12,300) nor more than twelve thousand three hundred fifty (12,350), according to the 1970 federal census.
Acts 2000, ch. 981, § 21; 2003, ch. 355, § 26.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-504 - Preexisting agencies subject to chapter

All child caring institutions, child placing agencies and maternity homes chartered in this state prior to July 1, 2000, shall be subject to all of its requirements.
Acts 2000, ch. 981, § 22.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-505 - Receiving children

Child caring institutions, and child placing agencies, family boarding homes, group care homes or foster homes, when licensed in accordance with this part, may receive needy or dependent children from their parents or legal guardians for special, temporary or continued care. The parents or guardians may sign releases or agreements giving to such institutions or agencies custody and control of the persons of such children during the period of such care, which may be extended until the children arrive at legal age, or they may surrender such children to a licensed child placing agency for purposes of adoption, such surrender to be in conformity with the provisions of the law governing the surrender of children for adoption.
Acts 2000, ch. 981, § 23.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-506 - Selection and supervision of foster homes

(a)
Child placing agencies, in placing children in private families, shall safeguard their welfare by a thorough investigation of each applicant and its home and its environment, carefully select the home in which the child is placed, and personally and adequately supervise each home and child until the child is legally adopted or released.
(b)
All children placed in private families shall be, as far as it is practicable, placed with those of the same religious faith as the children themselves, or their parents.
Acts 2000, ch. 981, § 24.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-507 - Unlicensed placement of children for care or adoption

(a)
Private individuals, including midwives, physicians, nurses, hospital officials, lawyers and the officials of any nonchartered or nonlicensed child caring institution, child placing agency, or maternity home, are forbidden to engage in placing children for temporary care or for adoption.
(b)
A violation of this section is a Class A misdemeanor.
Acts 2000, ch. 981, § 25.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-508 - Injunctions against unlicensed operations

(a)
The department may, in accordance with the laws of the state of Tennessee governing injunctions, maintain an action in the name of the state of Tennessee to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a license as required by law, or from continuing to operate any such place or facility following suspension of a license or following the effective date of the denial or revocation of a license.
(b)
In charging any defendant in a complaint for such injunction, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care agency as defined in this part or to charge that the defendant is about to do so without having in effect a license as required by law, or that the defendant continues to operate any such place or facility following suspension of a license, or following the effective date of the denial or revocation of a license, without averring any further or more particular facts concerning the case. Refusal to obey the inspection order may be punished as contempt.
Acts 2000, ch. 981, § 26.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-509 - Criminal violations

(a)
Any person or entity, as defined in §
37-5-501
, operating a child care agency without being licensed by the department or who continues to operate while a suspension of the license is in effect, or who operates a child care agency following the effective date of a denial or revocation of a license, commits a Class A misdemeanor.
(b)
Each day of operation without an effective license constitutes a separate offense.
(c)
(1)
It is unlawful for any person who is an operator, licensee or employee of a child care agency to make any statement, whether written or verbal, knowing such statement is false, including, but not limited to, statements regarding:
(A)
The number of children in the child care agency;
(B)
The area of the child care agency used for child care; or
(C)
The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer.
(2)
In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care agency.
(3)
A violation of subdivision (c)(1) is a Class A misdemeanor.
(4)
This subsection (c) includes statements made in any child care agency license application that misrepresents or conceals a material fact that would have resulted in the license's being denied.
(5)
In addition to any punishment authorized under this subsection (c), the department may also take any licensure action authorized under this part.
Acts 2000, ch. 981, § 27.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-510 - Public agencies - Inspection and report

(a)
Any child care agency, as defined in §
37-5-501
, that is under the direct management of an administrative department of the state, a county, or a municipality, or any combination of these three (3), shall not be subject to licensure, but shall meet the minimum standards for programs and care as required of such child care agencies.
(b)
(1)
The commissioner, through the commissioner's authorized representative, shall make periodic inspections of such publicly administered child care agencies.
(2)
The report of such inspections and recommendations shall be made in writing to the executive head of the publicly administered child care agency, the board of directors, if any, and the division of the state, county or municipal government that has the duty under the law to operate such agency.
(c)
It is the duty of the department to cooperate with the publicly administered agencies herein referred to, to implement recommended changes in program and policies.
(d)
If, within a reasonable time, such standards and recommendations are not met, it shall be the duty of the commissioner to make public in the community in which this agency is located, the report of the above-mentioned inspection.
(e)
(1)
If violations of the standards for child care agencies are found and are not corrected within a reasonable time, or, if serious violations are found that meet the requirements that would justify the suspension of a child care agency's license pursuant to §
4-5-320
, the department may file a complaint in the chancery court of the county in which the child care agency is located.
(2)
The chancery court shall have jurisdiction to hear the complaint and to enter any orders or injunctive relief necessary to ensure the correction of such violations or to suspend the operations of the facility for the protection of the children who are in the care of the child care agency.
Acts 2000, ch. 981, § 28.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-513 - Inspection of persons or entities providing child care

(a)
(1)
It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care agencies or suspected child care agencies, as defined in §
37-5-501
.
(2)
It is the duty of the department, through its duly authorized agents, to inspect, at least twice per year, without previous notice, all nontraditional child care agencies or suspected nontraditional child care agencies.
(b)
(1)
The department is given the right of entrance, privilege of inspection, access to accounts, records, and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations.
(2)
If refused entrance for inspection of a licensed, approved or suspected child care agency, the chancery or circuit court of the county where the licensed, approved or suspected child care agency may be located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal by the child care agency to obey the inspection order may be punished as contempt.
(c)
Any violation of the rights given in this section is a Class A misdemeanor.
(d)
Upon request by the department, an approved or suspected child care agency that provides, or is suspected of providing, residential child care shall provide a census of the number and names of children currently in the agency's care.
(e)
(1)
Upon the escape or disappearance of a child in the care of an approved child care agency, the agency shall immediately report the disappearance of the child to the department and the chief law enforcement officer of the county in which the agency is located. The report must include, at a minimum:
(A)
The facts of the disappearance;
(B)
The time the child escaped or disappeared;
(C)
The circumstances under which the escape or disappearance occurred; and
(D)
A description of the missing child, including the child's age, size, complexion, race, and color of hair and eyes.
(2)
The agency shall designate an individual who is responsible for making the required reports pursuant to subdivision (e)(1). An individual so designated by the agency who intentionally fails to comply with the reporting requirement commits a Class B misdemeanor.
Amended by 2022 Tenn. Acts, ch. 1126, s 3, eff. 7/1/2022.
Acts 2000, ch. 981, § 31.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-515 - Board of review for licensing actions

Actions by the department to deny or revoke or to otherwise limit any license, except for the summary suspension of a license, shall be reviewed by the child care agency board of review established pursuant to title 71, chapter 3, part 5.
Acts 2000, ch. 981, § 33.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-516 - Licensing standards committees

(a)
The commissioner shall appoint a standards committee composed of twelve (12) citizens, three (3) from each grand division of the state, and three (3) at-large for the purpose of developing or reviewing standards and regulations for each class of child care agency defined in this part. The classes of child care agencies regulated by the department shall be represented by members of the standards committee.
(b)
For any new class of child care agency as defined in this part, the standards committee shall develop and recommend to the commissioner the standards and regulations for that new class of child care agency. The standards and regulations of each existing class of child care agency shall be reviewed by a standards committee beginning every four (4) years following the date of submission of its last recommendations or more frequently as the commissioner may direct.
(c)
The standards committee shall act in an advisory capacity to the commissioner in recommending any initial standards or regulations or any changes to the existing standards or regulations of any class of child care agency.
(d)
The committee shall cease to exist upon submitting its recommendations to the commissioner, but may be re-established by the commissioner at any time to further review its recommendations or to consider additional standards or regulations or to consider revisions to the standards or regulations.
(e)
(1)
In making appointments to the committee, the commissioner shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority.
(2)
Except as otherwise provided in this section, in making appointments to the standards committee, the department shall strive to ensure that the membership of the standards committee includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the department. The department shall appoint child advocates, social workers, attorneys, and other persons with knowledge and expertise in the specified area, as well as citizen members to the committee.
(f)
The members of the committee shall not receive any compensation for their services but shall be reimbursed for their travel to and from the committee meetings and for their meals and lodging in accordance with the state travel procedures and regulations.
Acts 2000, ch. 981, § 34; 2007, ch. 453, § 3; 2011, ch. 281, § 3.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-517 - Individual plans - Reports

(a)
An agency shall prepare a written plan for each child in foster care and each child placed in its care by voluntary agreement. Such plans shall be prepared at the time a child comes under the supervision of the agency. Such plan shall be subject to review by the department. Failure to prepare such a plan shall be grounds for revocation of the agency's license.
(b)
In its annual report to the department pursuant to §
37-5-519
, the agency shall include the number of children in foster care, the total number of children who have been in care during the year, the number of plans prepared, the number of children adopted, and the average length of the stay of the children.
Acts 2000, ch. 981, § 35.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-518 - Annual reports of child care agencies

(a)
Each child care agency shall make an annual report of its work to the department on a form as the department prescribes by rule.
(b)
The department shall prepare and supply to all child care agencies the necessary printed forms to record the requested information.
(c)
An agency that provides residential child care shall include, at a minimum, in its annual report to the department:
(1)
The number of children who have been under the agency's care during the license period;
(2)
The disposition of children for whom care has been transferred to an individual or entity during the license period, including, but not limited to:
(A)
The number of children for whom care has been transferred;
(B)
The state and county where each child was adopted or transferred; and
(C)
The reason for the transfer, including whether the child was placed in foster care or with a family member; and
(3)
Any contracts or agreements with third parties, including contract or agreement amendments, through which the child care agency has agreed to provide placement, housing, or care services for children.
(d)
Each nontraditional child care agency shall include in its annual report to the department:
(1)
The number of children who have been under the agency's care during the license period;
(2)
The number of children adopted or for whom care has been transferred to an individual or entity during the license period;
(3)
The state and county where the children were adopted or transferred;
(4)
The average length of stay of the children with the agency; and
(5)
The amount in grants and public funds received by the agency from federal, state, and local governments.
Amended by 2022 Tenn. Acts, ch. 1126, s 4, eff. 7/1/2022.
Acts 2000, ch. 981, § 36.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-519 - Departmental annual report

(a)
The department shall prepare a comprehensive annual report of the status of child care agencies within the state subject to its jurisdiction, accompanied by special comments and recommendations, and the department shall publish the report on the department's website for the public in conjunction with the department's annual report required by §
37-5-105(4)
.
(b)
By March 1 of each year, the department shall make a presentation of the report to the appropriate committees of the senate and the house of representatives, as determined by each respective speaker.
(c)
The presentation shall describe, at a minimum, the information described in §
37-5-518(c)
.
Amended by 2022 Tenn. Acts, ch. 1126, s 5, eff. 7/1/2022.
Amended by 2015 Tenn. Acts, ch. 178, s 4, eff. 4/17/2015.
Acts 2000, ch. 981, § 37.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 5 - DEPARTMENT OF CHILDREN'S SERVICES (§§ 37-5-101 — 37-5-608) › Part 5 - CHILD CARE AGENCIES (§§ 37-5-501 — 37-5-523) › Section 37-5-521 - Cause of action

(a)
A child has a cause of action against a nontraditional child care agency that authorizes an individual to be present on the premises of the child care agency and the authorized individual inflicts abuse, neglect, or sexual abuse upon the child.
(b)
The attorney general and reporter may bring an action under this section on behalf of a child described in subsection (a) and may seek damages for the benefit of the child as permitted by law.
Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.