2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 1 - ADMINISTRATION (§§ 71-1-101 — 71-1-205) › Part 1 - DEPARTMENT OF HUMAN SERVICES (§§ 71-1-101 — 71-1-135) › Section 71-1-105 - Powers and duties

(a)
The department is charged with the administration or supervision of all of the public welfare activities of the state as provided in this section. The department shall:
(1)
Administer or supervise all functions of the federal Social Security Act (42 U.S.C.), established or to be established in Tennessee that may be assigned to it by law, regulation or executive order;
(2)
Cooperate with the federal government or its agencies or instrumentalities, in establishing, extending, strengthening or reforming services to assist persons and families in need of such services from this state;
(3)
Promote the unified development of the institutional and noninstitutional agencies subject to its jurisdiction, including the determination of all matters of general policy and the control of the administration of each of the institutional or noninstitutional agencies in the department, so that each institutional or noninstitutional agency shall perform its function as an integral part of the general system;
(4)
Establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department. The use of such records, papers, files and communications by any other agency or department of the government to which they may be furnished shall be limited to the purpose for which they are furnished and by the law by which they may be furnished;
(5)
(A)
License or approve, and supervise, adult day care centers and child care agencies as defined in chapter 2, part 4, and chapter 3, part 5 of this title, and to promulgate any regulations it deems necessary to carry out the licensing laws;
(B)
Establish criteria for the approval of persons or entities who receive any state or federal funds for the provision of care for adults or children whether those persons or entities are licensed or approved as provided in chapter 2, part 4 or chapter 3, part 5, of this title, or whether they are otherwise unlicensed, and, if determined by the department to be necessary, provide for such criteria in regulations promulgated pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 2; and
(C)
Utilize any state, federal, local or private funding to provide for any child care or adult day care services or training that it deems necessary to promote the welfare of children and adults or that is required or permitted by state or federal law or regulations, and to provide such services or training directly or by contract with any public or private entities;
(6)
Promote and employ the use of such measures as are designed to restore persons receiving assistance or services from the department to a condition of self-support in the community and pursue the preventive aspects of its work, including providing, to the extent possible, foster care for adults who are unable to maintain an independent living arrangement, and such other services to those liable to become destitute or handicapped as will prevent their becoming or remaining public charges;
(7)
Study the causes of economic dependency or rehabilitative service requirements for persons in need of economic support or rehabilitative services in Tennessee and promote efficient methods for assisting persons in need of such support or services;
(8)
Cooperate with the commissioner of social security, and with any other agency or instrumentality of the federal government in any reasonable manner that may be necessary to qualify for federal aid for assistance to persons who are entitled to assistance under the Social Security Act, except as otherwise provided by subdivision (a)(1), and in conformity with this part, including the making of such reports, in such form and containing such information as the commissioner of social security or any other agency or instrumentality of the federal government may, from time to time, require and comply with such requirements as such commissioner, agency, or instrumentality may, from time to time, find necessary to assure the correctness and verification of such reports;
(9)
Receive and expend as provided by law any public and private donations, not provided for by §
71-1-113
, and the department may expend a reasonable proportion of any such donation for administrative purposes;
(10)
Assist and cooperate with other departments, agencies, instrumentalities, and institutions of the state and federal governments, when so requested, in performing services in conformity with the purposes of this part;
(11)
Act in cooperation with the federal government in welfare matters of mutual concern in conformity with this part and in the administration of any federal funds granted to this state or any state appropriations to aid in the furtherance of any such functions of the state government, including relief and assistance of needy citizens;
(12)
Make such rules and regulations and take such action as may be deemed necessary or desirable to carry out this part and that are not inconsistent with this part;
(13)
Administer such additional public welfare functions as are hereby or may be vested in it by law pursuant to this part;
(14)
Be authorized to license blind persons to operate vending stands in state and county buildings; provided, that, in the opinion of the director of vocational rehabilitation and the custodian of such building or buildings, a suitable place may be found for the location of such stand or stands to be operated in accordance with the Randolph-Sheppard Vending Stand Act of June 20, 1936, chapter 638, 49 Stat. 1559 (
20 U.S.C. § 107
et seq.), or amendments to that act;
(15)
Enforce the provisions of Title IV-D of the Social Security Act (
42 U.S.C. § 651
et seq.), relative to child and spousal support and establishment of paternity and to contract with public or private entities to provide any services necessary to carry out such provisions;
(16)
(A)
Conduct investigations, including, but not limited to, investigation into the existence of:
(i)
Trafficking in, or fraud involving, the food assistance program administered by the department pursuant to chapter 5, part 3 of this title;
(ii)
Fraud, abuse, theft, misappropriation, or misuse of property, funds, or services by a person or entity in a program administered by the department; and
(iii)
Misconduct by an employee, contractor, or agent of the department concerning or related to the operation of a department program or laws, regulations, or policies governing the department's operations; and
(B)
(i)
Except as provided in subdivisions (a)(16)(B)(ii) and (iii), records and information obtained pursuant to an investigation conducted pursuant to this subdivision (a)(16), including the identities of witnesses or individuals with information relevant to the investigations, are confidential and not open for inspection by members of the public under title 10, chapter 7; however, operational records of a state agency, including the department, which are not investigative records or not otherwise protected under state or federal law or other legal authority, must remain open for inspection by members of the public;
(ii)
The records and information to which this subdivision (a)(16)(B) applies cease to be confidential under subdivision (a)(16)(B)(i) upon closure of the investigation by the department and final adjudication of any administrative appeal of an action taken based upon the results of the investigation or the conclusion of all court proceedings in a criminal prosecution related to the investigation as evidenced by an order of the court, including the opportunity for direct appeal having been exhausted, whichever occurs later;
(iii)
This subdivision (a)(16)(B) does not prevent the department from sharing information or records with the district attorney general or law enforcement personnel for the purpose of cooperating with a law enforcement investigation or with the comptroller of the treasury or the comptroller's designee for the purpose of audit. Information or records that the department shares with the district attorney general or law enforcement remain confidential under subdivision (a)(16)(B)(i), except to the extent that a court orders otherwise, the information or records are used as evidence in a criminal prosecution, or the Tennessee rules of criminal procedure require disclosure. Information or records that the department shares with the comptroller or comptroller's designee for the purpose of audit remain confidential under subdivision (a)(16)(B)(i) and under §
10-7-504(a)(22)(A)
as an audit working paper; and
(iv)
A knowing violation of this subdivision (a)(16)(B) is a Class B misdemeanor;
(17)
When conducting any investigation pursuant to subdivision (a)(16)(A) or (a)(16)(B):
(A)
Have the power to issue subpoenas to compel the attendance of witnesses, the examination of witnesses under oath, and the production of books, accounts, papers, records, and documents relating to an investigation; provided, that:
(i)
The materials to be produced are relevant to the investigation;
(ii)
The materials to be produced are specified with reasonable particularity; and
(iii)
The subpoenas command production of the materials covering only a reasonable period of time;
(B)
Have the power to compel the production of employment records during an investigation. For purposes of this subdivision (a)(17)(B), "employment records" includes records of future, past, or present employees who are applying for or have received a form of public assistance or are members of the household of a person who is applying for or has received a form of public assistance from this state or another state;
(C)
Have the authority to refer any matter to the appropriate enforcement authority for criminal prosecution;
(D)
Have the authority to refer any matter to the appropriate enforcement authorities for civil proceedings, including, but not limited to, referral to the attorney general and reporter for civil recovery;
(E)
Have the authority to cooperate with other state agencies to investigate fraud and abuse in programs administered by the department;
(F)
Have the authority to furnish information to educate the public about the fraud and abuse laws pertaining to programs administered by the department; and
(G)
Have the authority to contract with entities as necessary to carry out the required duties of subdivisions (a)(17)(C)-(F).
(b)
Notwithstanding any state law or regulation to the contrary, the department may provide low-income energy assistance at any percentage of the federal income poverty level that is permitted by federal law.
(c)
The department is authorized to take actions necessary to support the development of shared services alliances and family child care networks to improve the quality of child care in this state, give child care providers access to innovative child care business resource platforms, and provide a means of cost savings to child care providers through negotiated discounts. The department may contract with one (1) or more entities as necessary to implement this subsection (c).
Amended by 2021 Tenn. Acts, ch. 515, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 498, s 4, eff. 5/25/2021.
Amended by 2018 Tenn. Acts, ch. 789, s 1, eff. 12/1/2018.
Amended by 2013 Tenn. Acts, ch. 402, s 1, eff. 5/14/2013.
Acts 1937, ch. 48, § 3; 1937, ch. 299, § 1; 1939, ch. 95, §§ 4-6; impl. am. Acts 1943, ch. 154, § 1; C. Supp. 1950, § 4765.5 (Williams, §§ 371.3, 4765.3); impl. am. Acts 1955, ch. 102, § 1; modified; Acts 1972, ch. 624, § 2; 1973, ch. 337, § 1; impl. am. Acts 1975, ch. 219, § 1 (a), (b); 1975, ch. 279, § 1; modified; T.C.A. (orig. ed.), § 14-105; Acts 1984, ch. 789, § 3; T.C.A., § 14-1-105; Acts 1993, ch. 284, § 1; 1996, ch. 1079, § 153; 1998, ch. 1098, § 64; 2000, ch. 981, §§ 14, 51; 2010 , ch. 626, § 1.