TCA § 71-3-501 — Part definitions

As used in this part, unless otherwise exempted pursuant to § 71-3-503 , and unless the context otherwise requires: “Care giver,” “care givers,” “care provider” or “care providers,” means the person or persons or entity or entities directly responsible for providing for the supervision, protection, and basic needs of the child; “Child” or “children” means a person or persons under eighteen (18) years of age; “Child care” means the provision of supervision and protection, and, at a minimum, meeting the basic needs, of a child or children for less than twenty-four (24) hours a day; “Child care agency” or “agency” means and only where the context requires in any other provision of law, a place or facility, regardless of whether it is currently licensed, that is operated as a family child care home, a group child care home, a child care center, or a drop-in center, as those terms are defined in this part, or that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day; “Child care center” means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least thirteen (13) children who are not related to the primary caregiver; provided, that a child care agency shall not be classified as a “child care center” that operates as a “group child care home” and keeps three (3) additional school-age children as permitted in subdivision (10); provided, further, that all children, related or unrelated shall be counted in the adult-to-child supervision ratios and group sizes applicable to child care centers; with the exception, that if the child care center is operated in the occupied residence of the primary caregiver, children nine (9) years of age or older who are related to the primary caregiver will not be counted in determining the adult-to-child supervision ratios or group sizes applicable to child care centers if such children are provided a separate space from that occupied by the child care center. The department may permit children in the separate space to interact with the children in the licensed child care center in such manner as it may determine is appropriate; “Commissioner” means the chief administrative officer in charge of the department of human services; “Department” means the department of human services; “Drop-in center” means a place or facility operated by any person or entity providing child care, at the same time, for fifteen (15) or more children, who are not related to the primary caregiver, for short periods of time, not to exceed fourteen (14) hours per week and for not more than seven (7) hours per day for any individual child during regular working hours, Monday through Friday six o'clock a.m. (6:00 a.m.) to six o'clock p.m. (6:00 p.m.); provided, however, that a drop-in center may provide such child care during evenings after six o'clock p.m. (6:00 p.m.) and weekends, Friday, six o'clock p.m (6:00 p.m.) through Sunday, ten o'clock p.m. (10:00 p.m.), so long as the drop-in center provides no more than a total of twenty (20) hours per week, exclusive of snow days, defined as days when the school of the affected child is closed; provided, further, that drop-in centers may provide such care during snow days; provided, however, that, notwithstanding any other requirements of this part, training requirements for the staff of this class of child care agency shall be limited to basic health and safety precautions and the detection and reporting of child abuse and neglect for children in care; provided, further, that, notwithstanding any other provision of this chapter to the contrary, drop-in centers that provide child care for no more than two (2) hours per day with a maximum of ten (10) hours per week without compensation, while the parent or other custodian is engaged in short-term activities on the premises of the organization, shall register as providing casual care and shall not be deemed to be a drop-in center or regulated as a drop-in center; “Family child care home” means any place or facility that is operated by any person or entity that provides child care for three (3) or more hours per day for at least five (5) children but not more than seven (7) children who are not related to the primary caregiver; provided, that the maximum number of children present in the family child care home, including related children of the primary caregiver shall not exceed twelve (12), with the exception that, if the family child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a “family child care home” if those children are provided a separate space from that occupied by the family child care home. The department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is appropriate; “Group child care home” means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least eight (8) children who are not related to the primary caregiver; provided, however, that the maximum number of children present in a group child care home, including those related to the primary caregiver, shall not exceed twelve (12) children, with the exception that, if the group child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a group child care home, if those children are provided a separate space from that occupied by the group child care home; and, provided, further, that up to three (3) additional school age children, related or unrelated to the primary caregiver, may be received for child care before and after school, on school holidays, on school snow days and during summer vacation. The department may permit children in the separate space to interact with the children in the licensed group child care home in such manner as it may determine is appropriate; and “Related” means the children, step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings, nieces, nephews or foster children of the primary caregiver. Acts 2000, ch. 981, § 2; 2001, ch. 453, §§ 1, 2; 2005, ch. 93, § 1; 2005, ch. 151, § 1; 2015, ch. 271, § 1. Compiler's Notes. Acts 1992, ch. 1030, § 2 provided: “The general assembly hereby takes official notice of the fact that alternatives currently available to families with medically and/or technology-dependent children are difficult, if not intolerable. Too often, limited alternatives dictate that medically and/or technology-dependent children remain hospitalized for extended periods at great financial and emotional cost to parents and children. Too often, limited alternatives dictate that such children be maintained at home using extensive, private duty nursing services at great financial as well as emotional cost to parents and children who endure the long-term effects of isolation. Too often, limited alternatives dictate that single working parents, and families who must rely on two (2) incomes for economic survival, permanently leave their medically and/or technology-dependent children in institutional settings and suffer grave financial and emotional consequences. Prescribed child care centers offer the potential of providing a much needed alternative for these families. While assisting in the containment of health care costs, prescribed child care centers also offer medically and/or technology-dependent children and their families a comprehensive, developmentally appropriate nonresidential environment of coordinated medical, developmental, and parental training services. Through this enactment, it is the intent of the general assembly to encourage and support the increased availability and affordability of prescribed child care centers of quality.” Former § 71-3-501 (Acts 1953, ch. 228, § 1 (Williams, § 4765.138); Acts 1959, ch. 167, §§ 1-3; 1965, ch. 333, § 1; 1971, ch. 214, § 1; 1971, ch. 303, § 1; impl. am. Acts 1975, ch. 219, § 1 (a, b); Acts 1978, ch. 729, §§ 1, 2; T.C.A. (orig. ed.), § 14-1401; Acts 1983, ch. 322, §§ 1, 2; T.C.A., § 14-10-101 ; Acts 1987, ch. 283, §§ 1, 2; 1987, ch. 297, §§ 1, 2; 1992, ch. 1030, §§ 3, 4; 1995, ch. 532, § 18; 1996, ch. 1079, §§ 158-162), concerning definitions, was repealed by Acts 2000, ch. 981, § 1. For current provisions, see this section. Cross-References. Building regulations, enforcement, § 68-120-106 . Child care facilities loan guarantee program, title 4, ch. 37. Child sexual abuse, title 37, ch. 1, part 6. Smoke detectors required in foster care dwellings, § 37-2-412 . Law Reviews. State Regulation of Child Adoptions, 17 Tenn. L. Rev. 937. NOTES TO DECISIONS 1. Constitutionality. 1. Constitutionality. Where general assembly empowers department of public welfare [now department of human services] to issue license to child-caring institutions upon six statutory criteria, with administrative hearing and judicial review afforded, the act merely delegates ministerial functions and is not an unconstitutional delegation of legislative power. Department of Public Welfare v. National Help "U" Ass'n, 197 Tenn. 8, 270 S.W.2d 337, 1954 Tenn. LEXIS 444 (1954).