Legal Basis For Licensing

(1) General. The legal basis for licensing runaway house agencies is contained in T.C.A. §§37-1601 through 37-1607. (2) Definitions. (a) “Runaway House” shall mean any house or institution giving sanctuary or housing to any person under 18 years of age who is away from home or the residence of his/her parent or guardian without their consent. (b) “Department” shall mean the Tennessee Department of Children’s Services. (c) “Runaway” shall mean any person under the age of 18 years who is away from the home or residence of his/her parent or guardian without their consent. The term shall not include persons under 18 years of age who lawfully reside with a close relative or those attending educational institutions, or those placed by court order, on a contractual agreement with a parent or guardian. (d) “Sanctuary” shall mean a house, institution, or other organization providing housing or accommodations to runaways as set forth herein. (e) “Licensing’’ shall be deemed to have the same meaning as “registration”, as the latter term is used in T.C.A. §§ 37-1603, 37-1604, and 37-1607. (3) Basis for Approval for License. All houses, institutions, or other organizations giving sanctuary to runaway youth shall be licensed annually by the Department, said license to be based upon standards promulgated by the Department in accordance with T.C.A. §37-1605. For consistency and uniformity, said standards will be based upon the same considerations as standards for child welfare agencies, as provided in T.C.A. §14-10-104, to wit: (a) The present need for the proposed runaway house. (b) The good character and intention or the applicant. (c) The adequate financing of the organization, (d) The capability, training and experience of the workers employed. STANDARDS FOR RUNAWAY HOUSE AGENCIES CHAPTER 0250-4-10 (e) The facilities for and the methods of care provided, and the consideration of the best interest of thechild and the welfare of society in any placements of children to be made. (f) The probability of permanence of the runaway house. (4) Licensing Procedure. (a) In order to be issued a license, a runaway house agency must make application to the Department and present sufficient evidence that it is a suitable licensee and meets, or will meet, all standards established by the Department. If a license is issued by the Department it shall be effective for one year following the date of issuance, unless it is revoked by the Department in compliance with T.C.A. §4-5-320. (b) The owner, operator or agent of any house, or facility which operates without registering or otherwise willfully violates the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than thirty (30) days, or both, at the discretion of the trial court. If, in the discretion of the trial court a second or subsequent offense indicates continued or regular noncompliance with this act, the facility may be enjoined from future operations as a runaway house. (c) Upon written notice to the applicant that an application for license has been denied, such applicant may, within (10) days of the date of the notice, request a fair hearing before the Department. If a timely request for a hearing is made, the request shall be granted and a fair hearing will be held in accordance with the provisions of the “Administrative Procedures Act”, T.C.A. §4-5-301, et seq. (d) If the Department proposes to revoke a license at any time before its expiration date, the runaway house agency shall be notified in writing of the proposed revocation and the facts or conduct which warrant(s) the intended action. The agency shall then have ninety (90) days in which to show compliance with all lawful requirements for retention of the license. If the license is revoked after the expiration of the ninety (90) day period, the runaway house agency may, within ten (10) days of the date of the final revocation notice, request a fair hearing before the Department. If a timely request for a hearing is made, the request shall be granted and a fair hearing will be held in accordance with the provisions of the “Administrative Procedures Act”, T.C.A. §4-5-301, et seq. (e) If the Department finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its notice of proposed revocation, summary suspension of a license may be made pending proceedings for final revocation as provided in subparagraph (d). (f) The Department shall have the right to inspect at any reasonable time, without previous notice, all runaway house agencies within the state. The Department shall have the right of entrance, privilege of inspection, access to accounts and records, and the right to information regarding the whereabouts of children under the care of the runaway house agency, for the purpose of ascertaining the kind and quality of work done and to obtain. a proper basis for its decision and recommendations.