reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-407 - Restricted licenses

(a)
In determining whether to deny, revoke or suspend a license, or in granting any license, the department may choose to deny, revoke or suspend or grant only certain authority of the licensee to operate and may permit the licensee to continue operation, but may restrict or modify the licensee's authority to provide certain services or perform certain functions, including, but not limited to: transportation or food service, enrollment of adult participants at the center, the center's hours of operation, the center's use of certain parts of the center's physical facilities or any other function of the adult day care center that the department determines should be restricted or modified to protect the health, safety or welfare of the adult participants. The actions authorized by this subdivision (a) may be appealed as otherwise provided in this part for any denial or revocation.
(b)
At any hearing on a denial, revocation or suspension, the administrative law judge or hearing officer may, as part of the decision regarding the status of the applicant's or licensee's license, direct that the adult day care center be allowed to operate on a probationary or conditional status, or may allow the license to remain in effect with any restrictions or conditions on the center's authority to provide care.
Acts 1996, ch. 1058, § 8; 2000, ch. 981, § 71.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-408 - Notification of denial - Hearings

Immediately upon the denial of any application for issuance or renewal of a license or upon the revocation of any license, the department shall notify the applicant in writing. Not later than ten (10) days after the department mails the notice, the applicant may submit a written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, such petition shall be set for hearing. The hearing shall be held within sixty (60) days of receipt of the petition. The proceedings shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with the department having all the powers granted in the Uniform Administrative Procedures Act to ensure:
(1)
Compliance with regulations adopted pursuant to this chapter;
(2)
Continued demonstrated community need;
(3)
Conformity of the program to individual participants' assessed and reassessed needs and interests with particular attention to visual, auditory and equipment needs;
(4)
Suitability of program changes to the community and participants served; and
(5)
Compliance with any requirements of law or regulations pertaining to fire and safety.
Acts 1996, ch. 1058, § 11; T.C.A., §
71-2-410
; Acts 2000, ch. 981, § 72.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-410 - Governing boards

The department shall require each adult day care center operated by a municipality or county or by a nonprofit corporation and caring for ten (10) or more persons to have a governing board. The governing board of an adult day care center, having final authority and responsibility for conduct of the center, shall be comprised of four (4) or more persons. The governing board may include members who may be recipients of the services of the adult day care center, relatives of such recipients, or representatives of community organizations with particular interest in programs for the elderly. No member of the governing board, nor any member of the immediate family of a member of the governing board, shall have any direct or indirect interest in any contract for supplying services to the adult day care center.
Acts 1996, ch. 1058, § 13; 1997, ch. 449, § 3; T.C.A. §
71-2-412
; Acts 2000, ch. 981, § 72.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-411 - Compliance

Each adult day care center that files an affidavit with the department as of January 1, 1997, certifying that such facility is in existence and in operation shall have two (2) years to fully comply with this part.
Acts 1996, ch. 1058, § 14; T.C.A., §
71-2-413
; Acts 2000, ch. 981, § 72.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-412 - Rules and regulations

(a)
The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
All rules and regulations promulgated to effectuate the purposes of this part shall also be reviewed by the health and welfare committee of the senate and the health committee of the house of representatives.
(c)
Notwithstanding any law to the contrary, the commissioner shall have the authority to amend the rules for licensure of adult day care by entities contracted to provide medicaid-reimbursed home- and community-based services pursuant to chapter 5, part 14 of this title, as needed to be consistent with the home- and community-based settings final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014), including the authority to differentiate licensure requirements for any entity contracted to provide medicaid-reimbursed home- and community-based services pursuant to chapter 5, part 14 of this title, in order to allow the facility or entity to comply with the federal rule and continue to receive medicaid reimbursement for home- and community-based services. Rules adopted by the department under this subsection (c) shall be developed with input from stakeholders and promulgated in accordance with the Uniform Administrative Procedures Act; provided, however, that the department shall not promulgate emergency rules under this subsection (c) as defined in §
4-5-208
. Licensure survey and enforcement shall be conducted in a manner consistent with any rule issued under this subsection (c).
Amended by 2015 Tenn. Acts, ch. 153,s 3, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 236,s 59, eff. 4/19/2013.
Acts 1996, ch. 1058, § 15; T.C.A., §
71-2-414
; Acts 2000, ch. 981, § 72.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-413 - Advisory committee

There is hereby established an advisory committee consisting of not less than seven (7) members appointed by the commissioner. The advisory committee shall assist the commissioner in implementing this part. The advisory committee shall reflect the diversity of this state with respect to urban and rural areas, the three (3) grand divisions and the various ethnic groups of this state.
Acts 1996, ch. 1058, § 16; T.C.A., §
71-2-415
; Acts 2000, ch. 981, § 72.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-414 - Implementation

It is the intent of the general assembly that this part, with the exception of the employment of one (1) employee to assist in the implementation of this part, be implemented within the existing resources of the department.
Acts 1996, ch. 1058, § 20; T.C.A., §
71-2-416
; Acts 2000, ch. 981, § 72.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-415 - Construction

This part is declared to be remedial in nature and this part shall be liberally construed to effectuate its purposes.
Acts 1996, ch. 1058, § 19; T.C.A. § 71-2-417; Acts 2000, ch. 981, § 72.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 4 - ADULT DAY CARE (§§ 71-2-401 — 71-2-416) › Section 71-2-416 - Adult day care and senior centers as model programs

(a)
The department of finance and administration shall designate up to five (5) publicly or privately supported adult day care centers or senior centers within the state as model programs worthy of emulation with respect to one (1) or more of the following activities:
(1)
Comprehensive health education programs;
(2)
Nutrition assessment and screening;
(3)
Nutrition counseling; or
(4)
Health or nutrition referral services.
(b)
The selected model programs shall be programs that are designed to enhance the dignity and wellness of senior citizens and to encourage the independence and involvement of senior citizens in the community. The selected model programs must also be designed to achieve a tangible impact in areas that are traditionally socially and economically underserved.
(c)
Prior to designating the model programs, nominations shall be solicited from across the state. In selecting model programs, due consideration shall be given to the level of community acceptance and support for the programs and to the techniques by which the acceptance and support have been achieved.
(d)
Subject to the availability of funding for such purposes as contained within the fiscal year 2007-08 budget of the department of finance and administration, state grants shall be awarded to the model programs selected pursuant to this section. The dollar amount of each grant awarded shall be determined by the commissioner of finance and administration. Payment of any grant to any model program shall be conditional upon the willingness of the chief administrative officer of the program to provide informational and consultative assistance to those agencies of state or local government that may desire to emulate, in whole or in part, the model program. Any grant so received by a publicly supported agency shall be in addition to all other public funds that may be otherwise appropriated to the agency and it is not intended to supplant any other funding resource. Any funds not paid to a model program by June 30, 2008, shall revert to the general fund.
(e)
The commissioner of finance and administration shall undertake appropriate activities to publicize the department of finance and administration's activities in implementing this section and to publicize the activities and achievements of the model programs.
Acts 2007, ch. 573, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 5 - PRESCRIPTION DRUG PROGRAMS (§§ 71-2-501 — 71-2-503) › Section 71-2-501 - Legislative intent - Enrollment in prescription drug discount card program and transitional assistance program benefits - Automatic enrollment

(a)
It is the intent of the legislature that the state of Tennessee, through the bureau of TennCare, be designated as the authorized representative for elderly and disabled enrollees, who are eligible medicare beneficiaries, but have lost or may lose eligibility for TennCare benefits due to changes in the TennCare program, for the purpose of facilitating and effectuating enrollment in a medicare-approved prescription drug discount card program or programs, and for applying for transitional assistance program medicare drug benefits, pursuant to
42 U.S.C. § 1395
et seq. As the eligible enrollee's legally authorized representative for this purpose, TennCare may designate or select one (1) or more programs as preferred plans, for purposes of automatically enrolling such medicare beneficiaries, to expedite access to prescription drug discounts and secure related transitional assistance payments for those medicare enrollees eligible for such assistance.
(b)
To expedite and assure enrollment of individuals into a program, TennCare may enroll a medicare-eligible beneficiary in a program or programs, and apply for available transitional assistance on the enrollees' behalf, in the absence of any action or application of the individual beneficiary seeking such enrollment or assistance; provided, that each individual so enrolled shall be informed of the following:
(1)
In advance of enrollment in a program, the state's intent to enroll the individual in a program, unless the individual informs TennCare, within ten (10) days of receipt of such notice, that the individual does not want to be so enrolled;
(2)
The procedures by which the individual may disenroll from the preferred sponsor's program;
(3)
The existence of alternative medicare-approved prescription drug discount card sponsors in the region in which the individual resides; and
(4)
The means through which the individual may change the individual's enrollment to an alternative sponsor or may obtain assistance in doing so.
(c)
TennCare shall determine the procedures for automatic enrollment in a preferred sponsor's program and application for transitional assistance, where applicable.
Acts 2005, ch. 474, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 5 - PRESCRIPTION DRUG PROGRAMS (§§ 71-2-501 — 71-2-503) › Section 71-2-502 - Facilitation of automatic enrollment

In facilitating automatic enrollment, TennCare may do one (1) or all of the following:
(1)
Enter into a contract that has been competitively procured, pursuant to title 12, with one (1) or more program sponsors, to facilitate automatic enrollment, which contracts shall be subject to comment by the fiscal review committee, pursuant to the procedures found under title 3, chapter 7;
(2)
Identify those medicare eligible enrollees who meet the federal income criteria for transitional assistance;
(3)
Preliminarily enroll the beneficiary into a preferred sponsor's program;
(4)
Apply for medicare transitional assistance program benefits through the medicare transitional assistance program on behalf of an eligible enrollee; and
(5)
Preliminarily enroll beneficiaries into a preferred program, with an opt-out provision for the individual.
Acts 2005, ch. 474, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 2 - PROGRAMS AND SERVICES FOR ELDERLY PERSONS (§§ 71-2-101 — 71-2-503) › Part 5 - PRESCRIPTION DRUG PROGRAMS (§§ 71-2-501 — 71-2-503) › Section 71-2-503 - Entitlement not created by program

The program established in this part is not, nor does it in any way create, an entitlement.
Acts 2005, ch. 474, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-101 - Short title

This may be cited as the "Families First Act of 1996."
Acts 1996, ch. 950, § 2; T.C.A., § 71-3-151.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-102 - Program subject to availability of federal funds

Continuation of the families first program is subject to, and limited by, the availability of federal funds that may be made available to the state of Tennessee by congress and the United States department of health and human services, or its successor agency.
Acts 1996, ch. 950, § 3; T.C.A., § 71-3-152.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-103 - Part definitions

(a)
As used in this part, unless the context otherwise requires:
(1)
"Assistance" means, unless otherwise required by the context, temporary assistance;
(2)
"Caretaker relative" means the father, mother, grandfather or grandmother of any degree, brother or sister of the whole or half-blood, stepfather, stepmother, stepbrother, stepsister, aunt or uncle of any degree, first cousin, nephew or niece, the relatives by adoption within the previously named classes of persons, and the biological relatives within the previous degrees of relationship, and the legal spouses of persons within the previously named classes of persons, even if the marriage has been terminated by death or divorce, with whom a child is living;
(3)
"Child" or "children" means:
(A)
A person or persons under eighteen (18) years of age; or
(B)
A person who has not attained nineteen (19) years of age and who is a full-time student in a secondary school or the equivalent and who is expected to graduate by the nineteenth birthday;
(4)
"Department" means the department of human services;
(5)
"Dependent child" means, except as otherwise stated in this part, a child living with a caretaker relative if the child is deprived of parental support due to death of a parent, continued absence of a parent from the home, physical or mental incapacity of a parent, or unemployment or underemployment of either or both parents and if the child's legally responsible relatives are not able to provide adequate care and support of such child without temporary assistance;
(6)
"Family" means the eligible unit of children and parent or parents or caretaker relative or relatives residing in a common residence; and
(7)
"Temporary assistance" means the program to provide economic support and other support services to families that is provided by the state utilizing funds made available by congress and the secretary of health and human services to the state pursuant to the Social Security Act (
42 U.S.C. § 301
et seq.), and any state funds that may be appropriated by the general assembly designated to support the temporary assistance program. If at any time, federal funds are not available to provide the continuation of the temporary assistance program, the state shall not be obligated to continue the program by using only state funds.
(b)
It is the intent of the general assembly that any welfare program administered by the state shall be in compliance with Title VI of the Civil Rights Act of 1964 (
42 U.S.C. § 2000d
et seq.), and regulations promulgated pursuant to that act, and all other applicable federal civil rights legislation.
Acts 1996, ch. 950, § 4; T.C.A., § 71-3-153.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-106 - Reserved

Repealed by 2013 Tenn. Acts, ch. 454, s 6, eff. 5/16/2013.
Acts 1996, ch. 950, § 7; T.C.A., § 71-3-156.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-109 - Diversion grants

(a)
Except for a child-only grant for temporary assistance, the department shall evaluate appropriate cases to determine if a diversion grant would be effective in meeting a family's immediate and compelling need and prevent the family from going on temporary assistance or to assist the family in leaving temporary assistance. The diversion grant shall be awarded pursuant to the requirements in subsections (b) and (c) and the rules of the department.
(b)
The diversion grant:
(1)
Shall meet immediate needs so that an applicant or recipient can avoid temporary cash assistance;
(2)
May be granted as the department considers appropriate;
(3)
May not cover the same type of immediate need met by a previous diversion grant unless the department determines that the current immediate need is a new and verified emergency;
(4)
May range from one (1) to twelve (12) months of temporary cash assistance, dependent upon the department's determination that there is a compelling need for a diversion grant;
(5)
Shall be calculated based upon the amount of temporary cash assistance an applicant is eligible to receive under the Temporary Assistance for Needy Families/Families First program; and
(6)
May not duplicate periods of temporary cash assistance.
(c)
The applicant's temporary assistance eligibility period will be reduced by the number of months the applicant receives a diversion grant.
Added by 2014 Tenn. Acts, ch. 787,s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-110 - Distribution system

The commissioner of human services has the authority to establish a system for distribution of any benefits provided by this part, or under the continued provisions of federal law and regulations as provided under §
71-3-108
, by means of electronic benefits transfer system and to contract with public or private entities to provide any services necessary to carry out such provision as the commissioner shall determine is appropriate.
Amended by 2013 Tenn. Acts, ch. 402,s 3, eff. 5/14/2013.
Acts 1996, ch. 950, § 11; T.C.A., § 71-3-160.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-111 - Training and supervision

(a)
The department shall appropriately train and supervise all employees and other persons who are responsible for developing, evaluating and managing personal responsibility plans for recipients of temporary assistance. Such training and supervision shall include, but not be limited to, a competency based case management program to measure the effectiveness of each plan and to provide appropriate oversight and implementation.
(b)
Any necessary part-time or temporary job counseling and job placement personnel shall be employed as provided by law.
(c)
Any additional full-time positions required by the various departments involved in the implementation of this part and of chapter 5, part 12 of this title shall be employed as provided by law.
Acts 1996, ch. 950, § 29; T.C.A., § 71-3-161.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-115 - Investment of funds in individual development or other accounts

Any individual development accounts or other such accounts established for the benefit of recipients under this part or related programs shall be administered as approved by the state treasurer, who shall prescribe investment procedures for the corpus of such funds in a manner that the state treasurer determines in consultation with the commissioners of human services and finance and administration; provided, that the interest accruing from such accounts shall remain in those accounts and shall be distributed to the recipients, on an equitable basis, in the manner determined by the state treasurer in consultation with the commissioners.
Acts 1996, ch. 950, § 34; T.C.A., § 71-3-165.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-116 - Veterans education benefits

Notwithstanding any other provision of this chapter, to the extent permitted by federal law, the value of federal veterans education benefits received by an applicant shall not be included as any form of income when making eligibility determinations for assistance under this part.
Acts 2003, ch. 239, § 1; T.C.A., § 71-3-166.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-117 - Amendment of provisions

All assistance granted under this part shall be deemed to be granted and to be held subject to any amending or repealing statute that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of such recipient's assistance being affected in any way by any amending or repealing statute.
Acts 1937, ch. 50, § 16; C. Supp. 1950, § 4765.54 (Williams, § 4765.53); T.C.A. (orig. ed.), §§ 14-317, 14-8-117.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-118 - Charging for assistance to applicants unlawful

(a)
It is unlawful for any person, firm, or corporation either to charge or to receive, directly or indirectly, anything of value for assisting any person in making application to the proper authorities of this state, or any of them, for relief or assistance under any statutes of this state providing for financial assistance to dependent children.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1937, ch. 118, § 1; 1941, ch. 41, § 1; mod. C. Supp. 1950, § 4765.56 (Williams, § 4765.37); T.C.A. (orig. ed.), §§ 14-318, 14-8-118; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-119 - Use of lists of recipients

(a)
Except as permitted by §§
71-1-117
and
71-1-118
, it is unlawful for any person, except for purposes directly connected with the administration of this part, to solicit, disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of any list or names of, or any information concerning, persons applying for or receiving aid and services to needy families with children, directly or indirectly derived from the records, papers, files, or communications of the department or divisions of the department, or acquired in the course of the performance of official duties.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1941, ch. 148, § 1; C. Supp. 1950, § 4765.56 (Williams, § 11412.7); impl. am. Acts 1953, ch. 29, §§ 1, 2; Acts 1963, ch. 129, § 1; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-319, 14-8-119; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-121 - Transfer of benefits - Exemption

Assistance granted under this part shall not be transferable or assignable at law or in equity, and none of the money paid or payable under this part shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Acts 1937, ch. 50, § 16-a, as added by Acts 1941, ch. 37, § 1; C. Supp. 1950, § 4765.55 (Williams, § 4765.53a); T.C.A. (orig. ed.), §§ 14-321, 14-8-121.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-122 - Prosecution of deserting spouse or parent

Whenever any dependent spouse or dependent child shall make an application to the county office of the department for an aid and services to needy families with children grant, and an investigation of the circumstances of the applicant reveals that the applicant was put in such needy circumstances by reason of the fact that the dependent spouse was deserted or abandoned by that spouse's or the child's parent, then it shall be the duty of the county office to notify the chief counsel of the department, whose duty it shall be to certify such fact to the prosecuting attorney of the county, who shall institute the necessary criminal proceedings against the spouse or parent who has deserted the dependent spouse or family.
Acts 1951, ch. 257, § 1 (Williams, § 4765.53b); 1963, ch. 129, § 1; 1976, ch. 754, § 1; T.C.A. (orig. ed.), §§ 14-322, 14-8-122.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-123 - Civil action against deserting spouse or parent

(a)
All payments made by the department to such spouse or dependent child shall be recoverable against the deserting spouse or parents by the state as a debt due to the state, and such recovered payments shall be deposited by the state treasurer to the credit of the aid and services to needy families with children fund.
(b)
In the event the deserting spouse or parent has left the state, then the secretary of state shall be the lawful attorney or agent for such spouse or parent and service of process shall be made by serving a copy of the process on the secretary of state, and such service shall be sufficient service upon the spouse or parent; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the prosecuting attorney to the last known out-of-state address of the spouse or parent.
(c)
The property of the spouse or parent within the state shall be subject to execution for payment of any judgment taken against such spouse or parent.
Acts 1951, ch. 257, § 2 (Williams, § 4765.53c); 1963, ch. 129, § 1; 1976, ch. 754, § 2; T.C.A. (orig. ed.), §§ 14-323, 14-8-123.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 1 - TEMPORARY ASSISTANCE (§§ 71-3-101 — 71-3-126) › Section 71-3-125 - Child support enforcement by district attorneys general

(a)
The district attorneys general have the authority, within budgetary limitations, to establish child support enforcement programs within their judicial districts.
(b)
Such authority includes:
(1)
The hiring of clerical and professional staffs;
(2)
The entering into contracts with other agencies; and
(3)
Such other authority as may be necessary to carry out the requirements of the child support enforcement programs under Title IV-D of the Social Security Act (
42 U.S.C. § 651
et seq.).
(c)
Any legal services furnished under the authority of this section shall be solely on behalf of the state, and shall not create an attorney-client relationship with any party other than the state.
Acts 1977, ch. 235, § 1; T.C.A., §§ 14-325, 14-8-125; Acts 1988, ch. 938, § 4.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 3 - CUSTODY AND CARE OF DEPENDENT CHILDREN (§§ 71-3-301 — 71-3-304) › Section 71-3-301 - County legislative body binding out as apprentices

The county legislative body may bind out as apprentices suitable orphan children, or the children of any person unable to provide for their support, until the age of eighteen (18) years.
Code 1858, § 1622 (deriv. Acts 1762, ch. 5, § 19; 1825, ch. 46, § 1); Shan., § 2706; mod. Code 1932, § 4822; impl. am. Acts 1971, ch. 162, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1501, 14-9-101.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 3 - CUSTODY AND CARE OF DEPENDENT CHILDREN (§§ 71-3-301 — 71-3-304) › Section 71-3-302 - Illegitimate children as apprentices

The county legislative body may bind out illegitimate children in the same way as orphans, upon its satisfactorily appearing that the mother of such illegitimate children disregards their moral and mental culture, and either keeps or lives in a house of ill fame, and upon its further appearing that the condition of such children would be thereby bettered, although the mother may provide ordinary food and clothing for the mother's children.
Code 1858, § 1625; Shan., § 2708; Code 1932, § 4918; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1502, 14-9-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 3 - CUSTODY AND CARE OF DEPENDENT CHILDREN (§§ 71-3-301 — 71-3-304) › Section 71-3-303 - Reimbursement for county support of illegitimates

For the purpose of indemnifying the county against charges for the maintenance of illegitimate children, the father, if the father can be ascertained, is liable to proceedings as provided in title 36, chapter 2.
Code 1858, § 1623; Shan., § 2707; Code 1932, § 4917; T.C.A. (orig. ed.), §§ 14-1503, 14-9-103.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 3 - CUSTODY AND CARE OF DEPENDENT CHILDREN (§§ 71-3-301 — 71-3-304) › Section 71-3-304 - Procedure for taking child from institution

(a)
When any child has been placed in any institution organized for the purpose of maintaining, supporting, and educating orphans or destitute children, with the consent of its parents, guardian, or custodian, no parent, guardian, or other person shall have the right to take the child from the institution against the consent of the institution or those in charge of the institution, except by habeas corpus proceedings, in which it shall appear that it is in the best interest of the child to take it from the institution.
(b)
This section shall apply to all institutions, whether corporations or mere voluntary societies or associations.
(c)
Any person taking or attempting to take any child from any institution, in violation of this section, commits a Class A misdemeanor, and shall be fined or imprisoned or both, in the discretion of the court.
Acts 1911, ch. 2, §§ 1-3; Shan., §§ 4433a81-4433a83; Code 1932, §§ 4709-4711; T.C.A. (orig. ed.), §§ 14-1504; Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 14-9-104.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-NEW - [Newly enacted section not yet numbered]

(a)
As used in this section:
(1)
"Enrolled child" means a child who:
(A)
Is currently enrolled at the child care center and for whom tuition or attendance fees are being paid;
(B)
Has attended the child care center within the last ninety (90) calendar days; or
(C)
Is currently on a wait list for enrollment at the child care center; and
(2)
"Permanent closure" means the child care center ceases to do business as a child care center and discontinues all child care indefinitely.
(b)
As early as practicable prior to permanent closure, a child care center shall provide notice of the permanent closure to the parents or guardians of each enrolled child.
(c)
Notice required by subsection (b) may be provided by a written or electronic communication, a posting of such notice at the child care center, or a public posting of such notice that the child care center deems an appropriate means for communication with parents or guardians.
(d)
This section does not prohibit the department of human services from exercising any duty or power given to the department of human services in this title or by rule regarding the operational status or licensure of a child care center.
Added by 2024 Tenn. Acts, ch. 657,s 1, eff. 4/9/2024.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-504 - Injunctions against unlicensed operations

(a)
The department may, in accordance with the laws of this state 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.
Acts 2000, ch. 981, § 5; 2001, ch. 453, § 8.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-505 - Criminal violations

(a)
(1)
A person or entity operating a child care agency, as defined in §
71-3-501
, without being licensed by the department commits a Class A misdemeanor.
(2)
It is a Class E felony for a person or entity to operate a child care agency:
(A)
While a suspension of a license issued by the department is in effect;
(B)
Following the effective date of a denial or revocation of a license by the department; or
(C)
Without being licensed by the department and within ten (10) years of a previous finding by the department that the person or entity operated a child care agency without being licensed by the department.
(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 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.
Amended by 2022 Tenn. Acts, ch. 985, s 2, eff. 7/1/2022.
Acts 2000, ch. 981, § 6.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-506 - Public agencies - Inspection and report

Any child care agency, as defined in this part, that is under the direct management or control of an administrative department of the state, a county, municipality, or development district, or any combination of these, shall be subject to licensure pursuant to this part; provided, however, that the requirements for audits set forth in former §
71-3-502(j)(6)(C) and (D)
[repealed] shall be satisfied by audits that are conducted by the comptroller of the treasury or other public agency auditors.
Acts 2000, ch. 981, § 7; 2005, ch. 151, § 13.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-511 - Licensing standards committees

(a)
The commissioner of human services 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 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 for any new class of child care agency 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 reestablished 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 committees, the departments shall strive to ensure that the membership of the standards committees includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the departments. The departments shall appoint child advocates, social workers, attorneys, and other such persons with knowledge and expertise in the specified area, as well as citizen members to the committees.
(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. 843, § 2; 2000, ch. 981, § 12; 2011, ch. 282, § 3.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-512 - Five-year-olds attending day care institutions lacking kindergarten status

(a)
A family child care home, group child care home or child care center that lacks approved kindergarten status for purposes of §
49-6-201
shall not enroll or continue to enroll any child five (5) years of age during the period of the local education agency's regular school year, without first obtaining from the child's parents or legal guardians a signed acknowledgment of the fact that the child's attendance at the family child care home, group child care home or child care center does not satisfy the mandatory kindergarten prerequisite for the child's enrollment in the first grade.
(b)
Any such signed acknowledgment shall be retained by the family child care home, group child care home or child care center for a period of two (2) years. Failure to comply with the requirements of this section may subject the family child care home, group child care home, or child care center to probation, denial or revocation of the child care agency license, or to civil penalty, by the department.
Acts 2000, ch. 981, § 13.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-513 - Public records - Exceptions

The records of any entity entering into a contract or grant with the state for child care broker services relating to such grant or contract shall be public records open for public inspection in accordance with §
10-7-503
. Nothing in this section shall be construed to allow a social security number or residential address of any person to be considered a public record.
Acts 2000, ch. 981, § 79.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-515 - Development of procedure for submitting names and other identifying information to determine if persons have perpetrated abuse or neglect of a child or adult - Due process rights

(a)
The department of children's services and the department of human services shall develop a procedure whereby the names and other identifying information for all potential employees of the department of human services in that department's licensing division and adult protective services program and any persons who are subject to §
71-2-403
or §
71-3-507
, and who, under those sections, may have contact with children in a childcare agency or with adults in an adult day care agency licensed by the department of human services, shall be submitted to the department of children's services and the department of human services adult protective services program to determine if the potential employees or other persons subject to those provisions were found by the department of children's services or the department of human services adult protective services program to have perpetrated abuse or neglect of a child or adult.
(b)
No person shall be reported as an indicated perpetrator of abuse or neglect for purposes of this part or chapter 2, part 4 of this title, by either the department of children's services or the department of human services adult protective services program unless it is determined that the due process rights of the person were either offered, but not accepted, or were fully concluded pursuant to the rules of the department of children's services or the department of human services and applicable state and federal law.
Amended by 2013 Tenn. Acts, ch. 101,s 3, eff. 4/8/2013.
Acts 2009, ch. 410, § 3.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 3 - PROGRAMS AND SERVICES FOR CHILDREN (§§ 71-3-101 — 71-3-1206) › Part 5 - CHILD CARE AGENCIES (§§ 71-3-NEW — 71-3-520) › Section 71-3-516 - Restrictions on license for drop-in center regarding care of school-age children on snow days

Any license for a drop-in center issued under this part shall specify whether the center is appropriate for handling school-age children on snow days. A drop-in center may not accept any school-age child for care unless the department determines that center is an appropriate and safe location for such children on snow days. The department shall determine whether the center has adequate space for school-age children and shall set a limit on the number of such children that a center may accept on any one day. No child thirteen (13) years of age or older may be cared for by a drop-in center on a snow day. The center shall also provide to the department a list of trained care givers and other staff who are available for emergency calling and shall annually update such list.
Acts 2005, ch. 93, § 2; T.C.A., § 71-3-534.