5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: In Tennessee, an entity that provides care for three (3) or more hours per day for at least five (5) children not related to the primary caregiver must be licensed by the Lead Agency. Lead Agency licensure rules define a child care center at Tenn. Comp. R. & Regs 1240-04-01 as 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 educator. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: Drop-in child care center, defined at Tenn. Comp. R. & Regs. 1240-04-01, are a small subcategory of child care centers designed to provide short-term care where attendance for any given child may be short and erratic. Lead Agency licensure rules ensure drop-in centers maintain adequate health, safety and supervision of children in a group setting; but this setting is more a form of regulated casual care in which children are in care for short periods of time. (For example, a child might attend for a few hours one month and not attend again for several weeks or months.) Due to the limited time in care, there is no expectation that children gain any developmental benefit from attending this setting. Due to the nature of care, drop-in centers are not eligible to participate in the Child Care Payment Assistance/Certificate Program. [ ] No. b. Identify the family child care providers subject to licensing: In Tennessee, an entity that provides care for three (3) or more hours per day for at least five (5) children not related to the primary caregiver must be licensed by the Lead Agency. Lead Agency licensure rules define two forms of family care settings at Tenn. Comp. R. & Regs 1240-04-01: Family Child Care Homes are any place or facility which 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 educator. Group Child Care Homes are 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 educator, but not more than twelve (12) children or fifteen (15) children if approved for three (3) additional school-agers. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: In Tennessee, an entity that provides care for three (3) or more hours per day for at least five (5) children not related to the primary caregiver must be licensed by the Lead Agency. Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. The Lead Agency identifies child care centers regulated by the Tennessee Department of Education (TDOE) as defined at Tenn. Comp. R. & Regs. 0520-12-01 as CCDF-eligible and exempt from licensing requirements. These programs receive a certificate of approval rather than a license. TDOE is mandated to inspect and approve all programs subject to the State Board's jurisdiction pursuant to Tenn. Code Ann. § 49-1-302 and in accordance with Tenn. Code Ann. §§ 49-1-1101￿1109. These programs include: • Any public school administered early childhood education programs; • Programs operated by private schools as defined by Tenn. Code Ann. § 49-6- 3001(c)(3); • Child care provided by church affiliated schools as defined by Tenn. Code Ann. § 49-50-801; • State-approved Montessori school programs; • Before or After School child care programs operated pursuant to Tenn. Code Ann. §§ 49-2- 203(b)(11) and 49-6-707; • Programs providing center-based early intervention services through Tennessee Early Intervention Services (TEIS); and • Child care provided in federally regulated programs, including: o Title I Preschools, o 21st Century Community Learning Centers, and o All school-administered Head Start and Even Start programs. The Lead Agency identifies Boys and Girls Clubs child care programs as CCDF- eligible and exempt from licensing requirements pursuant to Tenn. Code Ann. § 71-3-503(a)(10): (A) Any program or facility operated by, or in affiliation with, any Boys and Girls Club that provides care for school-aged children and that holds membership in good standing with Boys and Girls Clubs of America and that is certified as being in compliance with the purposes, procedures, voluntary standards and mandatory requirements of Boys and Girls Clubs of America; (B) Any such Boys and Girls Club that applies to participate in state or federally funded programs that require child care licensing by the state as a term of eligibility may elect to apply to the department for child care licensing and regulation. Upon meeting departmental standards, the Boys and Girls Club may be licensed as a child care center/provider; (C) The department is hereby authorized to grant a waiver from any rule concerning grouping of children and adult/child ratios for child care centers to any Boys and Girls Club that falls within both subdivisions (a)(11)(A) and (a)(10)(A) and (B), and that is providing after-school child care to mixed groups of school-aged children. Boys and Girls Club child care programs may choose to be licensed by the Lead Agency or regulated by TDOE; however, these providers are the only exempt entities not otherwise regulated that are CCDF-eligible. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Child care for license-exempt child care providers regulated by the Tennessee Department of Education (TDOE) are defined at Tenn. Comp. R. & Regs 0520-12-01, as the provision of supervision, protection, and at a minimum, the basic needs of a child or children for more than three (3) hours a day, but less than twenty-four (24) hours a day. The Lead Agency identifies Boys and Girls Clubs child care programs as CCDF- eligible and exempt from licensing requirements pursuant to Tenn. Code Ann. § 71-3-503(a)(10): (A) Any program or facility operated by, or in affiliation with, any Boys and Girls Club that provides care for school-aged children and that holds membership in good standing with Boys and Girls Clubs of America and that is certified as being in compliance with the purposes, procedures, voluntary standards and mandatory requirements of Boys and Girls Clubs of America; (B) Any such Boys and Girls Club that applies to participate in state or federally funded programs that require child care licensing by the state as a term of eligibility may elect to apply to the department for child care licensing and regulation. Upon meeting departmental standards, the Boys and Girls Club may be licensed as a child care center/provider; (C) The department is hereby authorized to grant a waiver from any rule concerning grouping of children and adult/child ratios for child care centers to any Boys and Girls Club that falls within both subdivisions (a)(11)(A) and (a)(10)(A) and (B), and that is providing after-school child care to mixed groups of school-aged children. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Statute requires the rules for approved agencies regulated by the Tennessee Department of Education (TDOE) to be substantially the same as those for child care providers licensed by the Lead Agency. TDOE staff monitor license-exempt child care providers no fewer than two (2) times annually, including annual monitoring of CCDBG requirements for providers contracted with the Lead Agency to participate in the Child Care Payment Assistance/Certificate Program. All applicable CCDBG requirements are outlined in the Child Care Payment Assistance/Certificate Program contract. The Boys and Girls Clubs organization structure includes personnel dedicated to helping Boys and Girls Clubs establish best practices that create and maintain safe settings for the children in their care. Care is also limited to older school-age children and clubs generally have ratio guidelines in the 1:15 to 1:20 range. The Lead Agency has developed a health and safety monitoring tool for Boys and Girls Clubs that participate in the Child Care Payment Assistance/Certificate Program for compliance with CCDBG requirements. All applicable CCDBG requirements are outlined in the Child Care Payment Assistance/Certificate Program contract. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. The Lead Agency identifies Authorized Child Care Professionals as CCDF-eligible license-exempt family child care providers, individuals who may care for up to six (6) children (four (4) not related to the individual and up to two (2) additional related children) and who are contracted with the Lead Agency to participate in the Child Care Payment Assistance/Certificate Program as a result of parental choice. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. The Lead Agency identifies Authorized Child Care Professionals as CCDF-eligible license-exempt family child care providers, individuals who may care for up to six (6) children (four (4) not related to the individual and up to two (2) additional related children) and who are contracted with the Lead Agency to participate in the Child Care Payment Assistance/Certificate Program as a result of parental choice. A maximum of four children approved through the Certificate Program may be enrolled to an Authorized Child Care Professional. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The Lead Agency has developed a health and safety monitoring tool for Authorized Child Care Professionals who participate in the Child Care Payment Assistance/Certificate Program for compliance with CCDBG requirements. All applicable CCDBG requirements are outlined in the Child Care Payment Assistance/Certificate Program contract. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. The Lead Agency only permits relative care in circumstances when the child in care resides in the provider's home, i.e., a child or grandchild. The Lead Agency makes available in-home care for non-relatives in the child's home when the child requires special accommodations to meet individual needs. In such instances, these situations would be monitored using the protocols established for Authorized Professionals. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Please see response at 5.1.2b.ii. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Please see response at 5.1.2b.ii.