(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 37-5-513

  • 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
  • Department: means the department of children's services. See Tennessee Code 37-5-501
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Residential child care: means the provision of supervision or protection, and meeting the basic needs of a child for twenty-four (24) hours per day. See Tennessee Code 37-5-501
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care agencies or suspected child care agencies, as defined in § 37-5-501.
(2) It is the duty of the department, through its duly authorized agents, to inspect, at least twice per year, without previous notice, all nontraditional child care agencies or suspected nontraditional child care agencies.
(b)

(1) The department is given the right of entrance, privilege of inspection, access to accounts, records, and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations.
(2) If refused entrance for inspection of a licensed, approved or suspected child care agency, the chancery or circuit court of the county where the licensed, approved or suspected child care agency may be located may issue an immediate ex parte order permitting the department’s inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal by the child care agency to obey the inspection order may be punished as contempt.
(c) Any violation of the rights given in this section is a Class A misdemeanor.
(d) Upon request by the department, an approved or suspected child care agency that provides, or is suspected of providing, residential child care shall provide a census of the number and names of children currently in the agency’s care.
(e)

(1) Upon the escape or disappearance of a child in the care of an approved child care agency, the agency shall immediately report the disappearance of the child to the department and the chief law enforcement officer of the county in which the agency is located. The report must include, at a minimum:

(A) The facts of the disappearance;
(B) The time the child escaped or disappeared;
(C) The circumstances under which the escape or disappearance occurred; and
(D) A description of the missing child, including the child’s age, size, complexion, race, and color of hair and eyes.
(2) The agency shall designate an individual who is responsible for making the required reports pursuant to subdivision (e)(1). An individual so designated by the agency who intentionally fails to comply with the reporting requirement commits a Class B misdemeanor.
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