Tennessee HB 185: Day Care - As introduced, creates an exemption from licensure for certain in-home childcare operations that obtain a waiver from each child's parent or legal guardian. - Amends TCA Title 71, Chapter 3.

Bill Text

<BillNo> <Sponsor>

HOUSE BILL 185
By Campbell

HB0185
001359
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 71,
Chapter 3, relative to in-home childcare
operations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 71-3-501, is amended by adding the
following as a new subdivision:
( ) "In-home childcare" means services provided within the residence of the
primary caregiver, without the assistance of additional staff who are unrelated to the
primary caregiver;
SECTION 2. Tennessee Code Annotated, Section 71-3-503(a), is amended by adding
the following as a new subdivision:
(12) An in-home childcare operation that provides care for no more than ten (10)
children at the same time, including children related to the primary caregiver; that
receives a signed waiver from each child's parent or legal guardian, stating that the
parent or legal guardian consents to the child being cared for by the caregiver, and that
the parent or legal guardian is aware that the caregiver is unlicensed. The primary
caregiver shall maintain signed waiver forms for each child that is unrelated to the
primary caregiver and shall make the signed forms available to the department upon
request. To qualify for an in-home childcare operation exemption, the operation must
comply as follows:
(A) The in-home childcare operation shall register with the department by
providing, at a minimum, the address of the residence at which the care will be
provided, the name of the primary caregiver, and their intent to conduct in-home

- 2 - 001359

child care under this exemption. The operation shall maintain records that
include, at a minimum, the children's names, ages, addresses, dates and times
of attendance, the parents' or custodians' names, addresses, and the telephone
numbers of persons to contact in the event of an emergency. All records must
be made available at any time to any authorized representative of the
department; and
(B) Failure to comply with the requirements of this subdivision (a)(12)
subjects the violator to a civil penalty by the department not to exceed five
hundred dollars ($500) for the first violation and not to exceed one thousand
dollars ($1,000) for subsequent violations. The department may seek injunctive
relief in the chancery or circuit court of the county where the place or facility is
located to prevent further operation of the place or facility or to obtain entry to
conduct any inspection of the operation;
SECTION 3. The department of human services is authorized to promulgate rules to
effectuate the purposes of act. The rules must be promulgated in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5.
SECTION 4. This act takes effect January 1, 2022, the public welfare requiring it.