Legal Basis For Licensing

(1) GENERAL: The legal basis for licensing is contained in T.C.A. §§ 71-3-501 through 71-3-527. (2) DEFINITIONS: For the purposes of clarification, the following definitions are given and will hereafter be used. (a) “Child-placing agency” shall mean any institution, society, agency, corporation, or facility which places children in foster homes for temporary care or for adoption. A license issued to a child-placing agency shall also include all boarding homes and family day care homes approved, supervised, and used by the licensed agency as part of its work. (b) Department - The Tennessee Department of Children’s Services (c) Commissioner - The Commissioner of the Department of Children’s Services (d) Child - A person under 17 years or age (e) Staff - Full time and part time employees (f) Law - Tennessee Code Annotated, §§ 71-3-501 through 71-3-527 (g) License - A yearly permit issued to an agency giving care to children. Licensing is based on achievement in meeting required standards developed and published by the Department. (3) BASIS FOR APPROVAL FOR LICENSE: All child welfare agencies as defined in § 71-3-504, shall be licensed annually by the Department, said license to be based on standards developed and published for each child welfare agency in accordance with the following six points of excellence. (a) The present need for the proposed child welfare agency (b) The good character and intention of the applicant (c) The adequate financing of the organization (d) The capability, training, and experience of the workers employed STANDARDS FOR CHILD-PLACING AGENCIES CHAPTER 0250-04-09 (e) The facilities for and the methods of care provided, and the consideration of the best interest of the child and the welfare of society in any placements of children to be made (f) The probability of permanence of the child welfare agency (4) LICENSING PROCEDURE: (a) Application for license shall be made to the Department upon blanks furnished by it. Upon receipt of the application for a license, the Department shall issue such child welfare agency a conditional license which shall be valid for a period of 90 days from the date of issuance; provided, that the staff and facility do not present any apparent hazards to any children that may be in care and that the facility has received fire safety and environmental sanitation approval. At the end of the 90 day period, upon evidence provided by the applicant/licensee that such child welfare agency is suitable and properly managed as such, the Department shall issue such agency a license which shall be valid for a period of one year; provided, however, such license may at any time be revoked by the Department upon 90 days notice being given to the licensee. 1. A processing fee for such applications shall be assessed by the Department and submitted by the agency with the application in accordance with the following schedule: Any Child Caring or Child Placing Agency $10.00 Maternity Home 10.00 Runaway Shelter 10.00 Emergency Shelter 10.00 Child Abuse Agencies 10.00 (b) When an application for a license has been denied or a license has been revoked on one occasion, the agency may reapply for a period of 60 days from the date of the denial of revocation. If such license has been denied or revoked on two occasions, the agency may not reapply for a period of six months. If such license has been denied or revoked on three or more occasions, the agency may not reapply for a period of 12 months. The Department may waive the time restrictions herein upon a showing by the agency to the satisfaction of the Department that the agency has corrected the deficiencies which led to the denial or revocation. (c) Upon written notice to the applicant that a request for a license has been denied, such applicant may request a hearing before the board of review. Such request must be made in writing and must be filed within 10 days of the mailing date of the notice of denial. Such hearing must be granted at the next regular meeting of said board of review provided, however, that no longer than 60 days shall elapse after such request and before such hearing. (d) If a license is issued, revocation can be had at any time before expiration date upon 90 days notice by the Commissioner of the Department, such notice to contain a statement of causes for revocation. The licensee may upon a written notice of revocation, receive a hearing before the board of review; provided that such review shall be within the 90 day period set out in the notice of revocation. (e) Any child welfare agency, as defined in § 71-3-501 operating without being so licensed by the Department shall be guilty of a misdemeanor and shall be fined not less than $50 nor more than $200 for each such offense. Each day of operation without a license shall constitute a separate offense. STANDARDS FOR CHILD-PLACING AGENCIES CHAPTER 0250-04-09 (f) It shall be the duty of the Department, through its duly authorized agents, to inspect at regular intervals without previous notice all child welfare agencies, as defined in § 71-3- 501, within the state. It is given right of entrance, privilege of inspection, access to accounts and records, information regarding the whereabouts of children under care for the purpose of ascertaining the kind and quantity of work done to obtain a proper basis for its decision and recommendations. Any violation of the rights given in this section shall be a misdemeanor. (g) Notwithstanding the provisions of T.C.A. § 71-3-527, the Department shall have the following authority and responsibilities in any case in which the Department receives a report of harm in accordance with Chapter 4 or Chapter 6 of Title 37 of Tennessee Code Annotated. 1. The Department shall have the authority and responsibility to fully investigate in accordance with the provisions of Chapter 4 or Chapter 6 of Title 37 any allegation of abuse, neglect, or sexual abuse which it receives regarding any child or children in the care of any agency or person whether or not such agency or person is subject to licensure hereunder. In the conduct of such investigation, the Department shall be granted access to the records of all children in the care of the person or agency and personnel files of the director and all employees of the person or agency, shall be allowed to inspect all premises in which children are kept or cared for and shall be allowed to interview any and all children in the care of such person or agency if the Department determines such interviews are necessary. 2. If the Department determines that abuse, neglect, or sexual abuse has occurred and the person or agency fails to take appropriate action to prevent future abuse, neglect, or sexual abuse, the Department shall take such action as may be necessary to revoke, suspend, or deny the agency’s license. If the person or agency is not licensed or not subject to licensure, the Department may proceed to bring an action in the Chancery Court of the county of the defendant’s residence or the county in which the abuse, neglect, or sexual abuse occurred to enjoin the person or agency or any individual found by the Department to have been responsible for the abuse, neglect, or sexual abuse from continuing to provide care for children on a full-time or part-time basis. (5) PUBLIC AGENCIES: Any child welfare agency, as defined in § 71-3-501, which is under the direct management of an administrative department of the state, a county or a municipality, or any combination of these three, shall not be subject to license but shall meet the minimum standards of program and care as required of such child welfare agencies. The Commissioner of the Department, through his authorized agent, shall make periodic inspections of such public administrative child welfare agencies. The report of such inspections and recommendations shall be made privately to the executive head of the public administrative child welfare agency, the board of directors, if any, and/or the division of the state; county or municipal government which has the duty under the law to operate such agency. It shall be the duty of the Department to cooperate with the public administrative agencies herein referred to, to the end that such recommended changes in program and policies can be adopted. If within a reasonable time, such standards and recommendations are not met, it shall be the duty of the Commissioner of the Department to make public in the community in which this agency is located, the report of the above mentioned inspection. If any serious abuses, dereliction, or deficiencies are found and are not corrected within a reasonable time, the same shall be reported in writing to the next session of the legislature. (6) FOSTER CARE LEGISLATION: The foster care review law, T.C.A. § 71-3-524 requires the development of plans for each child in foster care including long-term agreements, establishes procedures for periodic review boards in each county. Amendments to the STANDARDS FOR CHILD-PLACING AGENCIES CHAPTER 0250-04-09 Licensing Law in 1978 establish a method for periodic review of foster care custody that will provide for termination or continuation of custody in accordance with the findings of the review. A plan must be submitted on each child in foster care placement within 30 days of the original date the child has been placed in foster care. This is to be submitted regardless of whether the child is in care by court order or voluntary placement agreement. The plan is to be submitted to the Juvenile Court having jurisdiction over the child. Within 90 days of the date of foster care placement, and not less than every 6 months thereafter while the child remains in foster care, the agency shall submit a report to the court or foster care review board enumerating progress or lack of progress made toward the goals in the original plan. Each plan must be submitted, reevaluated, and updated annually. After 18 months of foster care placement, in addition to the above mentioned plans and reports, the agency must request a hearing in court to evaluate further plans for the child. (7) REPORTING OF BRUTALITY, ABUSE, NEGLECT, OR CHILD SEXUAL ABUSE: (a) Any person, including but not limited to any: 1. Physician, osteopath, medical examiner, chiropractor, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons; 2. Health or mental health professional other than one listed in subdivision (a)(1); 3. Practitioner who relies solely on spiritual means for healing; 4. School teacher or other school official or personnel; 5. Judges of all courts of the state; 6. Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker; 7. Law enforcement officer; or 8. Neighbor, relative, friend, or any other person who knows or has reasonable cause to suspect, that a child has been sexually abused shall report such knowledge or suspicion to the Department in the manner prescribed in subsection (b); having knowledge of or called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability or physical or mental condition which is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or which on the basis of available information reasonably appears to have been caused by brutality, abuse, or neglect, shall report such harm immediately by telephone or otherwise to the judge having juvenile jurisdiction or to the county office of the sheriff or the chief law enforcement official of the municipality where the child resides. Any person, including judges of all courts of this state, who knows or has reasonable cause to suspect that a child has been sexually abused shall report such information in accordance with Acts 1985, Ch. 478, relative to the sexual abuse of children, regardless of whether such person knows or believes that the child has sustained any apparent injury as a result of such abuse. (b) If a hospital, clinic, school, or any other organization responsible for the care of children has a specific procedure approved by the director of the county office of the Department, for the protection of children who are victims of brutality, abuse, or neglect, any members of its staff whose duty to report under the preceding sentence arises from the performance of his services as a member of the staff of the organization may, at his option, fulfill that duty by reporting instead to the person in STANDARDS FOR CHILD-PLACING AGENCIES CHAPTER 0250-04-09 charge of the organization or his designee who shall make the report in accordance with the preceding sentence. (c) The report shall include, to the extent known by the reporter, the name, address, and age of the child, the name and address of the person responsible for the care of the child, and the facts requiring the report. The report may include any other pertinent information. (d) If a law enforcement official or judge becomes aware of known or suspected child abuse through personal knowledge, receipt of a report, or otherwise, such information shall be reported to the Department immediately, and where appropriate, the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted in coordination with the team or Department to the maximum extent possible. (e) Any person required to report or investigate cases of suspected child abuse who has reasonable cause to suspect that a child died as a result of child abuse shall report his suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his findings, in writing, to the local law enforcement agency, the appropriate district attorney, and the Department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-409. (f) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to Acts 1985, Ch. 478 relative to the sexual abuse of children. Investigations of institutional child sexual abuse shall be conducted in accordance with the provisions of § 37-1-608. (g) Every physician or other person who makes a diagnosis of, or treats, or prescribes for any venereal disease set out in § 68-10-101, or venereal herpes and chlamydia, in children 13 years or younger, and every superintendent or manager of a clinic; dispensary or charitable or penal institution, in which there is a case of any of the diseases, as set out in this subsection, in children 13 years of age or younger shall report the case immediately, in writing on a form supplied by the Department of Health and Environment to that Department. If the reported cases are confirmed and if sexual abuse is suspected, the Department of Health and Environment will report the case to the Department of Children’s Services. The Department of Children’s Services will be responsible for any necessary follow-up. (8) VIOLATIONS-PENALTIES (a) Any person required to report known or suspected child sexual abuse who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor. (b) Any person who knowingly and willfully makes public or discloses any confidential information contained in the abuse registry or in the records of any child sexual abuse case, except as provided in Acts 1985, Ch. 478, is guilty of a misdemeanor. (Acts 1985, Ch. 478, Section 16.) (9) PLACEMENT IN TEMPORARY HOMES OR FOR ADOPTION Private individuals including midwives, physicians, nurses, hospital officials, lawyers, and the officials of any nonchartered and/or nonlicensed child-caring institution, child-placing agency, or maternity home, are forbidden to engage in placing children for temporary care or for STANDARDS FOR CHILD-PLACING AGENCIES CHAPTER 0250-04-09 adoption. Violation of this restriction shall be punishable by fine of not less than $100 and no more than $500 for each offense. (10) AMENDED ADOPTION LAW No person, corporation, or agency except the Department of Children’s Services or an agency licensed by the Department as a child-placing agency shall engage in placing children for adoption; provided however, this section shall not be construed to prohibit any person from advising a natural or prospective adoptive parents of the availability of adoption or from acting as an agent for the natural or prospective adoptive parents in making necessary arrangements for adoption so long as no fees are charged for such service other than the usual and customary legal and medical fees in connection with the birth of the child and the legal proceedings relative to adoption. Any court of competent jurisdiction, upon the filing of a verified bill for injunction, by the State of Tennessee, on behalf of the State Department of Children’s Services or by an agency, or by any person aggrieved, may temporarily enjoin or restrain any person, corporation, or agency, from engaging or attempting to engage in placing children for adoption in violation or threatened violation, of the chapter of T.C.A. relative to adoption and upon final hearing, if the court determines that there has been a violation, or threatened violation, thereof, the injunction shall be made permanent.