(a) The department of children‘s services and the department of human services shall develop a procedure whereby the names and other identifying information for all potential employees of the department of human services in that department’s licensing division and adult protective services program and any persons who are subject to § 71-2-403 or § 71-3-507, and who, under those sections, may have contact with children in a childcare agency or with adults in an adult day care agency licensed by the department of human services, shall be submitted to the department of children’s services and the department of human services adult protective services program to determine if the potential employees or other persons subject to those provisions were found by the department of children’s services or the department of human services adult protective services program to have perpetrated abuse or neglect of a child or adult.

Terms Used In Tennessee Code 71-3-515

  • agency: means and only where the context requires in any other provision of law, a place or facility, regardless of whether it is currently licensed, that is operated as a family child care home, a group child care home, a child care center, or a drop-in center, as those terms are defined in this part, or that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day. See Tennessee Code 71-3-501
  • children: means a person or persons under eighteen (18) years of age. See Tennessee Code 71-3-501
  • Department: means the department of human services. See Tennessee Code 71-3-501
  • Person: includes a corporation, firm, company or association. 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) No person shall be reported as an indicated perpetrator of abuse or neglect for purposes of this part or chapter 2, part 4 of this title, by either the department of children’s services or the department of human services adult protective services program unless it is determined that the due process rights of the person were either offered, but not accepted, or were fully concluded pursuant to the rules of the department of children’s services or the department of human services and applicable state and federal law.
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