(a) Any child care agency, as defined in § 37-5-501, that is under the direct management of an administrative department of the state, a county, or a municipality, or any combination of these three (3), shall not be subject to licensure, but shall meet the minimum standards for programs and care as required of such child care agencies.
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Terms Used In Tennessee Code 37-5-510

  • agency: means the person or entity that provides child care, regardless of whether such person or entity is licensed. See Tennessee Code 37-5-501
  • Child: means :
    (i) A person under eighteen (18) years of age. See Tennessee Code 37-5-103
  • Child care: means the provision of supervision, protection and the basic needs of a child for twenty-four (24) hours a day including the provision of such temporary services to a child awaiting placement in permanent care. See Tennessee Code 37-5-501
  • child care agency: includes "child abuse agency" "child caring institution" "child placing agency" "detention center" "family boarding home or foster home" "group care home" "maternity home" or "temporary holding resource" as defined in subsection (b). See Tennessee Code 37-5-501
  • children: means a person or persons under eighteen (18) years of age. See Tennessee Code 37-5-501
  • Commissioner: means the commissioner of children's services. See Tennessee Code 37-5-501
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of children's services. See Tennessee Code 37-5-501
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b)

(1) The commissioner, through the commissioner’s authorized representative, shall make periodic inspections of such publicly administered child care agencies.
(2) The report of such inspections and recommendations shall be made in writing to the executive head of the publicly administered child care agency, the board of directors, if any, and the division of the state, county or municipal government that has the duty under the law to operate such agency.
(c) It is the duty of the department to cooperate with the publicly administered agencies herein referred to, to implement recommended changes in program and policies.
(d) If, within a reasonable time, such standards and recommendations are not met, it shall be the duty of the commissioner to make public in the community in which this agency is located, the report of the above-mentioned inspection.
(e)

(1) If violations of the standards for child care agencies are found and are not corrected within a reasonable time, or, if serious violations are found that meet the requirements that would justify the suspension of a child care agency’s license pursuant to § 4-5-320, the department may file a complaint in the chancery court of the county in which the child care agency is located.
(2) The chancery court shall have jurisdiction to hear the complaint and to enter any orders or injunctive relief necessary to ensure the correction of such violations or to suspend the operations of the facility for the protection of the children who are in the care of the child care agency.
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