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Home Daycare License Requirements in Tennessee (2026)

Opening a home daycare in Tennessee means getting a family child care home license from the Tennessee Department of Human Services (TDHS), Division of Child Care and Community Services (Child Care Licensing). Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

In brief — Tennessee

Licensing agency
Tennessee Department of Human Services (TDHS), Division of Child Care and Community Services (Child Care Licensing)
Program / rule
Rules of the Tennessee Department of Human Services, Chapter 1240-04-01 — Licensure Rules for Child Care Agencies (as revised effective November 20, 2025). Rules .01 through .19 apply to all licensed categories; .20 applies specifically to Family Child Care Homes and .21 to Group Child Care Homes. Statutory basis:…
Maximum group size
IN TENNESSEE, 'GROUP SIZE' AND 'CAPACITY' ARE THE SAME NUMBER FOR A HOME — THERE IS NO SEPARATE CLASSROOM-GROUP CAP UNDER .20 OR .21. The chapter uses the phrase 'ratios and group size' as a couplet (e.g. .21(1)(a)1, .21(1)(a)4, .05(12)(c)), and the group home chart at .21(1)(b) is captioned 'Group Home Ratio and…
CPR & first aid
Yes — required before licensure
Last verified
2026-08-25

Who needs a license — home types in Tennessee

TENNESSEE HAS A THREE-TIER LICENSED STRUCTURE PLUS A FOURTH, HOURLY CLASS — AND THE BOUNDARIES ARE DRAWN BY THE NUMBER OF CHILDREN WHO ARE **NOT RELATED** TO THE PRIMARY EDUCATOR. Every threshold below is quoted from the statute (T.C.A. Section 71-3-501, read on the FindLaw reproduction stamped 'Current as of January 02, 2024', Internet Archive capture 2024-11-03) and from the rule definitions at 1240-04-01-.02 (February 2026 revision). The two texts agree on the counts; where they diverge, it is noted. THE TRIGGER — WHEN A HOME BECOMES A REGULATED 'AGENCY'. Rule 1240-04-01-.02(10): 'Child Care Agency or Agency. 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 child care center," that provides child care for three (3) or more hours per day to five (5) or more children who are not related to the primary educator.' The statute, T.C.A. 71-3-501(4), says the same thing from the other direction: '...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'.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

How many children you can care for in Tennessee

FAMILY CHILD CARE HOME — SEVEN, EXTENDABLE TO TWELVE ONLY BY RELATIONSHIP. Rule 1240-04-01-.20(1)(c)1, verbatim: 'No more than seven (7) children may be present at any one time; except up to twelve (12) children may be present if any number above seven (7) are related to the primary educator.' Read the sentence as an engineer would. The base cap is SEVEN CHILDREN PRESENT AT ANY ONE TIME — it is a point-in-time headcount, not an enrolment cap, so a home with nine enrolled children on a staggered schedule is compliant only if seven is never exceeded on the clock. The extension to twelve is not a capacity upgrade the Department grants; it is arithmetic that only works if EVERY child above the seventh is related to the primary educator within the closed .02(41) list. Eight unrelated children is not a family home operating near its limit; it is, by definition .02(26), a GROUP child care home operating without the right licence. THE 'AGE NINE AND SEPARATE SPACE' CARVE-OUT — THE ONLY WAY A CHILD IN THE BUILDING DOES NOT COUNT. Rule .20(1)(c)2: 'If the family child care home is the occupied residence of the primary educator, children related to the primary educator nine (9) years of age or older will not be counted in determining the maximum number of children permitted if those children are provided a separate space from that occupied by the family child care home.'

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Adult-to-child ratios

TENNESSEE DOES NOT PUBLISH A PER-AGE RATIO FOR HOMES. IT PUBLISHES TWO STAFFING CHARTS, AND THEY ARE READ AS LOOK-UP TABLES. This is the single most commonly mis-stated fact about Tennessee family child care. There is no '1:4 for infants, 1:6 for toddlers' line for a family home the way there is for a centre under .22. Instead, rule .20(1)(c)4 says: 'The number of educators in a family child care home required to supervise children enrolled in the home shall comply with one of the options listed on the chart below.' You find the row your home is in and it tells you how many adults you owe. Both charts below are transcribed exactly as printed in the February 2026 revision; they are byte-identical to the November 2025 revision, which was confirmed by diffing the two PDFs — the February filing did not touch the ratios. CHART ONE — FAMILY CHILD CARE HOME, rule 1240-04-01-.20(1)(c)4. The column header is itself operative and must be quoted: 'Maximum Number of Children and Ages (including children related to the primary educator under nine (9) years of age)' / 'Educators Required'. The four rows: ROW 1 — 'Seven (7) or fewer children; and no more than four (4) under two (2) years' -> 1 EDUCATOR.

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Training you must complete before licensure

**THIS IS THE FIELD THE FEBRUARY 8, 2026 AMENDMENT REWROTE, AND THE PRIOR VERSION OF THIS REFERENCE WAS SERVING THE SUPERSEDED LIST.** Rule 1240-04-01-.06 is the only rule in chapter 1240-04-01 whose administrative history ends in 2026: 'Amendments filed November 10, 2025; effective February 8, 2026.' Everything below is transcribed from the February 2026 chart, with the deltas against the November 2025 chart named explicitly, because those deltas are the difference between a compliant opening and a failed pre-licensure review. THE GATE SENTENCE. Rule .06(6)(a): 'This chart provides the educational and training requirements that must be completed by staff PRIOR TO HAVING CONTACT WITH CHILDREN'. Not 'prior to licensure', not 'prior to unsupervised contact' — prior to contact. CHART ROW: 'FAMILY AND GROUP HOMES PRIMARY EDUCATOR'. Minimum Age: 18. Education: 'HS Diploma or equivalent'. Training Requirements, the five numbered items exactly as printed in the February 2026 revision: 1. 'Child care agency orientation session during the pre-licensure period;' 2. 'Licensing Rules and Regulations Training, including building and physical premises safety;' 3. 'Shaken Baby/Abusive Head Trauma/Child Maltreatment Training prior to contact with children;' 4. 'Pre-Service Training (Before You Begin);' 5. 'Sudden Infant Death Syndrome Training prior to contact with children if the agency provides care for infants.'

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Ongoing (annual) training

EIGHTEEN CLOCK HOURS A YEAR FOR THE PRIMARY EDUCATOR OF A FAMILY OR GROUP HOME; TWELVE FOR EVERY OTHER EDUCATOR IN THAT HOME. These figures are printed in the tables at rule 1240-04-01-.06(6)(c), whose preamble reads: 'This chart provides the first-year and ongoing training requirements and expectations as defined by your role as educators, primary educators, assistant directors, substitutes, and directors for each class of licensed care. During the first year, any hours earned during the provisional licensure period count towards the hourly requirements.' TABLE — 'PRIMARY EDUCATOR - FAMILY OR GROUP HOME', transcribed row by row: 'Annual Training' -> '18 hours total' 'Health and Safety' -> 'At least 6 of the 18 total hours' 'Pre-Literacy and Literacy Skills and Education Implementation' -> 'At least 3 of the 18 total hours' 'Adverse Childhood Experiences' -> 'Every 5 years - length not specified' Footer, printed under the table: '4 hours of the 18 total hours may be earned by conducting training. Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.'

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

Background checks

FINGERPRINT-BASED, TBI-RUN, NINETY DAYS BEFORE ACCESS, REPEATED EVERY FIVE YEARS — AND IT REACHES INTO THE HOUSEHOLD, NOT JUST THE PAYROLL. The regime has two layers that must be read together: the rule, 1240-04-01-.07 ('CRIMINAL BACKGROUND CHECK AND STATE REGISTRY/RECORDS REVIEW PROCEDURES', last amended 'filed August 22, 2025; effective November 20, 2025'), and the statute, T.C.A. Section 71-3-507, which the rule expressly incorporates at .07(1)(d): 'Requirements for disclosure of criminal/juvenile and state register history and fingerprinting, are provided by T.C.A. Section 71-3-507 and as required by the Child Care and Development Block Grant Act. Such requirements may include filling out additional forms as necessary for out-of-state registry and criminal background checks.' WHO IS COVERED — FOUR CATEGORIES, VERBATIM. Rule .07(1)(a): 'The following persons are required to have a background check no more than ninety (90) days before having access to any child care agency: 1. Any person who owns or operates a child care agency; 2. Any person who applies to work in a child care agency as an employee, director or manager; 3. Any person who will provide substitute services to a child care agency for more than thirty-six (36) hours in a calendar year and who is counted in the adult:child ratio; and 4. Any person who is FIFTEEN (15) YEARS OF AGE OR OLDER WHO WILL RESIDE IN A CHILD CARE AGENCY.'

Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

  1. STEP 0 — CONFIRM YOU ACTUALLY NEED A LICENCE, AND WHICH ONE. Rule 1240-04-01-.02(10) triggers licensure only where care is provided 'for three (3) or more hours per day to five (5) or more children who are not related to the primary educator'. Both limbs must be met. Then pick the class by unrelated headcount: 5-7 unrelated = FAMILY CHILD CARE HOME (.02(23)); 8-12 unrelated (15 with the school-age allowance) = GROUP CHILD CARE HOME (.02(26)); 13+ unrelated = CHILD CARE CENTER (.02(12)), which is no longer a home licence. If you believe you are exempt, the burden is heavy: T.C.A. Section 71-3-503(a) grants exemption only 'upon demonstration of CLEAR AND CONVINCING EVIDENCE' that the…
  2. STEP 1 — CONTACT THE PRE-LICENSURE UNIT AND GET ASSIGNED A PROGRAM SPECIALIST. DHS's own published procedure ('Procedures for Becoming a Licensed Child Care Agency', ten steps, read in the Internet Archive capture dated 2026-02-28): 'Step 1 - Prospective providers will contact the Pre-Licensure Unit using ChildcarePreLicensure.DHS@tn.gov as the preferred method of contact and 615-906-0517 as the backup method of contact. Step 2 - A Program Specialist will send an email to instruct the prospective provider with the steps of becoming licensed and with instruction on how to start creating an account in the provider portal.' Nothing in chapter 1240-04-01 requires this call; it is how the…
  3. STEP 2 — REGISTER IN THE TDHS eLICENSING PROVIDER PORTAL. This one IS in the rules. Rule .03(4): 'All child care agencies subject to the licensure requirements of this chapter shall: (a) Register as a user through the provider portal, and (b) Utilize the provider portal to submit information needed to maintain the provider record and compliance with these requirements.' followed by the accommodation clause: 'Accommodations for submission of materials outside the provider portal will be made on a case-by-case basis upon request.' Rule .02(56) defines the system: 'TDHS eLicensing System. The system of record for all child care agencies licensed by the Department of Human Services as of the…
  4. STEP 3 — ATTEND THE PRE-LICENSURE ORIENTATION/INTAKE SESSION. Required by the training chart at .06(6)(a) for the 'Family and Group Homes Primary Educator': '1. Child care agency orientation session during the pre-licensure period'. DHS procedure Step 4: 'Prospective Providers will attend Orientation/Intake Session and will be verified in the system as having attended the session. The Prospective Provider can complete the Pre-application screen.' Note the sequencing consequence: the pre-application screen does not open until attendance is recorded.
  5. STEP 4 — BEGIN SMALL BUSINESS ACADEMY. DHS procedure Step 5: 'After completing Orientation/Intake, Prospective Providers will begin Small Business Academy.' **AND HERE IS A CORRECTION THAT MATTERS FOR SEQUENCING:** as of the February 8, 2026 amendment, Small Business Academy is NO LONGER listed in the pre-service chart at .06(6)(a) — it now sits in the PROVISIONAL-period chart at .06(6)(b) as item 7 for the Family and Group Homes Primary Educator. It remains compulsory. What changed is that it is no longer a bar to having contact with children; it is a bar to converting a provisional licence into a continuous one.
  6. STEP 5 — COMPLETE THE PRE-SERVICE TRAINING THAT IS A BAR TO CHILD CONTACT. Per .06(6)(a), before contact with children the primary educator must be 18 with an 'HS Diploma or equivalent' and must hold: 'Licensing Rules and Regulations Training, including building and physical premises safety'; 'Shaken Baby/Abusive Head Trauma/Child Maltreatment Training prior to contact with children'; 'Pre-Service Training (Before You Begin)'; and, if infants will be served, 'Sudden Infant Death Syndrome Training prior to contact with children'. A Family/Group Educator Assistant (minimum age 16, no education requirement) owes the same list minus the orientation session. All of it must be recorded in TNPAL…
  7. STEP 6 — SUBMIT THE APPLICATION, THE FEE, AND THE SECRETARY OF STATE BUSINESS FILINGS. Rule .04(1)(a): 'The application, fee, and any supporting documentation shall be submitted to the Department during the provisional license process.' Rule .04(1)(g): '1. The organization of every child care agency shall be such that legal and administrative responsibility is clearly defined in writing in the form and manner directed by the Department and shall accompany the application for a license. 2. Documentation of the child care agency's business organization shall be made in the form and manner directed by the Department. The application shall include COPIES OF THE BUSINESS ORGANIZATION FILINGS…
  8. STEP 7 — SUBMIT THE PROGRAM DESCRIPTION, THE BUDGET AND THE INSURANCE. Rule .05(1)(a): 'An applicant shall submit a written program description to the Department that includes the following information: 1. All services and types of care to be offered; 2. Ages of children accepted; 3. Hours of operation; 4. Description of food service; and 5. If applicable, plans for sharing outdoor equipment and space with children not enrolled in the child care agency.' — with .05(1)(b): 'Notification of changes to the program description shall be submitted to the Department at least ten (10) calendar days prior to making the change.' Rule .05(2)(a): 'The applicant shall provide a proposed budget that…
  9. STEP 8 — CLEAR EVERY BACKGROUND CHECK, INCLUDING THE HOUSEHOLD'S. Under .07(1)(a) the fingerprint-based check must be done 'no more than ninety (90) days before having access to any child care agency' for the owner/operator, any applicant employee/director/manager, substitutes serving 36+ hours a year who count in ratio, and 'Any person who is fifteen (15) years of age or older who will reside in a child care agency'. For residents the statute sets the deadline at licence grant: T.C.A. 71-3-507(a)(2)(B)(i) requires the reviews 'completed prior to the granting of a license to the childcare agency in which the person resides at the time of initial application'. The Department pays for one…
  10. STEP 9 — THE MEASURING VISIT: THE PROGRAM SPECIALIST MEASURES THE HOUSE AND TRIGGERS THE INSPECTIONS. DHS procedure Step 7, verbatim: 'The Program Specialist will conduct a measuring visit/walk-through of the location slated for the agency. The Program Specialist will measure for capacity and look for any obvious hazards or safety issues. The Program Specialist will request State Fire inspection, Environmental Inspection, and Choose Safe Places review. The Program Specialist will also instruct the Prospective Provider to secure a clearance letter from Codes and Zoning and will guide/work with the Prospective Provider is any Special Use and Occupancy permits are required.' [sic — 'is' for…
  11. STEP 10 — FIRE AND ENVIRONMENTAL APPROVAL, WHICH SINCE 1 JULY 2026 IS A STATE-ONLY AFFAIR. Rule 1240-04-05-.03(5)(a) makes it a precondition of the provisional licence: 'No provisional license will be issued until, at a minimum, FIRE SAFETY AND ENVIRONMENTAL SAFETY INSPECTIONS HAVE BEEN CONDUCTED and the applicant has received approval from the appropriate agencies.' **AND THIS IS WHERE THE RULES ARE NOW OUT OF DATE.** PUBLIC CHAPTER 980 (2026), the Tennessee Child Care Red Tape Reduction Act (SB 2509, passed April 21, 2026, effective July 1, 2026 for all purposes other than rulemaking and applying 'to all applications submitted on or after that date'), Section 3(c)(1): 'EXCLUSIVE…
  12. STEP 11 — ZONING AND LOCAL PERMITS, ALSO REWRITTEN BY PUBLIC CHAPTER 980. Section 3(b)(2): child care agency permit applications 'must be processed with the same priority level as affordable housing development applications and must be ASSIGNED FOR REVIEW WITHIN FIVE (5) BUSINESS DAYS of receipt of a complete application.' Section 3(b)(3)(C)-(D): the local government may 'Conduct an initial completeness review within ten (10) business days of receipt and notify applicants of any deficiencies' and '...issue a final permitting decision within NINETY (90) CALENDAR DAYS of receipt of a complete permit application, unless the applicant agrees in writing to an extension.' Section 3(b)(4) is the…
  13. STEP 12 — GRANT IMMEDIATE ACCESS TO INSPECTORS, FROM THE DAY THE APPLICATION LANDS. Rule .03(1): 'Upon receipt of an application for a license and throughout the licensing period, IMMEDIATE ACCESS during operating hours to all areas of the child care facility shall be granted to all Department representatives and other inspection authorities (i.e., fire safety, sanitation, health, the Department of Children's Services, etc.).' The companion chapter adds the enforcement route, 1240-04-05-.04(1)(a) and (c): inspections are 'at regular intervals, WITHOUT PREVIOUS NOTICE', and if entry is refused 'the chancery or circuit court of the county... may issue an immediate ex parte order permitting…
  14. STEP 13 — RECEIVE THE PROVISIONAL LICENCE (120 DAYS) AND PASS FOUR SATISFACTORY MONITORING VISITS. Rule .02(40): 'Provisional License. A license issued to a child care agency for ONE HUNDRED TWENTY (120) DAYS for the purpose of allowing the child care agency to demonstrate their ability to attain and maintain compliance with all licensing laws and regulations. Such provisional license may continue in effect, unless suspended, if the Department fails to issue a continuous license after the one hundred twenty (120) day period if the Department determines an extension is necessary...' Rule .04(1)(b): 'The Department shall issue a license upon demonstration of: 1. Successful completion of the…
  15. STEP 14 — COMPLETE THE PROVISIONAL-PERIOD TRAINING INSIDE THOSE 120 DAYS. Per .06(6)(b), the Family and Group Homes Primary Educator owes: '1. 3 hours on developmental learning standards (TN-ELDS); 2. New Director Training; 3. Transportation Training (if applicable at the agency) before providing transportation...; 4. First Aid Training (within 90 days of employment); 5. CPR Training (within 90 days of employment); 6. Personal Safety Training (one representative from the agency); 7. Small Business Academy; 8. Additional training hours as determined by the Department.' First aid and CPR are separately mandated by .12(9)(b) and .12(10)(a) — 'within ninety (90) days of employment', with 'At…
  16. STEP 15 — STAND UP THE WRITTEN PLANS AND POLICIES BEFORE THE FIRST MONITORING VISIT. The chapter requires, in writing: a MULTI-HAZARD EMERGENCY PREPAREDNESS PLAN developed 'in consultation with appropriate local authorities and local emergency management' covering 'evacuation, relocation, shelter-in-place and lock down, staff and volunteer emergency preparedness training and practice drills, communication and reunification with families, continuity of operations, and accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions' (.18(1)), of which parents must be informed (.18(2)) and on which all staff are trained annually (.18(5)); a…
  17. STEP 16 — UNDERSTAND WHAT KEEPS THE LICENCE, AND WHAT IT COSTS TO LOSE IT. Rule .04(1)(c): 'The agency shall maintain a license upon demonstration of: 1. Compliance history throughout the licensing period; 2. Payment in full of all assessed civil penalties and other monies owed the state; and 3. Submission of required documentation, including required annual inspections, as determined by the Department.' Rule .04(1)(d): 'A LICENSE IS NOT TRANSFERABLE TO A NEW ADDRESS OR A NEW OWNER.' — moving house means a new licence, not an amendment. The penalty schedule sits in the companion chapter, 1240-04-05-.04(3): the Department 'may assess a civil penalty against such person or entity for each…

What you must post on your walls

  • THE LICENCE ITSELF — rule 1240-04-01-.05(12)(a)1. The subsection's chapeau fixes the location: 'The following shall be posted NEAR THE MAIN ENTRANCE where staff, parents, and others may view them: 1. The child care agency license'.
  • THE CURRENT QUALITY RATING IMPROVEMENT SYSTEM SCORE — .05(12)(a)2, 'Current child care agency quality rating improvement system score'. This is not optional branding: chapter 1240-04-07-.01(2) says the QRIS 'will consist of four (4) required evaluations throughout the licensing year for each child care agency, a summary of which SHALL BE POSTED at each child care agency', and 1240-04-07-.03(1) generates the score through 'the license monitoring process'.
  • OPERATING HOURS — .05(12)(a)3, 'The child care agency's operating hours'. Note the cross-check: .03(2)(a)2 requires the agency to operate within 'The approved hours of operation', so the posted hours and the licensed hours are the same fact in two places.
  • THE DEPARTMENT'S TOLL-FREE CHILD CARE COMPLAINT HOTLINE — .05(12)(a)4, 'The Department's toll-free Child Care Complaint Hotline phone number AND EMAIL ADDRESS'. Both the number and the address; the rule names two channels.
  • THE DCS CENTRAL INTAKE CHILD ABUSE HOTLINE — .05(12)(a)5, 'The Department of Children's Services' Central Intake Child Abuse Hotline number'. Separate from the DHS complaint line and posted alongside it.
  • 'NO SMOKING' SIGNS AT EVERY ENTRANCE — .05(12)(b): '"No Smoking" signs shall be posted in a conspicuous manner at EACH ENTRANCE to the facility.' In a house with a front and a back door, that is two signs.
  • REQUIRED RATIOS AND GROUP SIZE, IN EVERY ROOM CHILDREN USE — .05(12)(c): 'Required adult:child ratios and group size shall be posted in EVERY CLASSROOM.' For a family or group home the operative figures are the charts at .20(1)(c)4 and .21(1)(b).
  • ACCESSIBLE (not strictly 'posted', but the rule groups them) — .05(12)(d), 'Items that must be accessible in a place where staff, parents, and others may view: 1. A LINK to the electronic location of applicable Department licensing rules AND A HARD COPY ON-SITE available for reference; 2. Weekly menu; 3. Daily schedule; 4. Notice of requirements to report child abuse; 5. Emergency procedures; and 6. Record of fire and other emergency drills.' Item 1 is a two-part obligation — an electronic link AND a paper copy.
  • ANYTHING ELSE THE DEPARTMENT DIRECTS — .05(12)(e): 'Any other materials shall be posted as directed by the Department.' A catch-all that makes an inspector's written direction enforceable as a posting rule.
  • FORMAL NOTICE OF A CRITICAL LICENSING VIOLATION, COUNTERSIGNED BY PARENTS — .05(10)(a): 'The child care agency shall post the following in a clearly visible location AND OBTAIN PARENTS'/GUARDIANS' SIGNATURES indicating they have read the document: 1. A formal notice of a critical licensing violation that put a child at imminent risk of harm or resulted in actual harm'. This is the only posting in the chapter that requires a signature back from every parent.
  • CURRENT AND COMPREHENSIVE FIRST AID INFORMATION IN EVERY AREA CHILDREN USE — .12(9)(c): 'Current and comprehensive first aid information shall be prominently posted in EACH AREA THAT CHILDREN USE.'
  • FOOD ALLERGY INFORMATION, IN TWO PLACES, PLUS THE PHYSICIAN-ENDORSED ACTION PLAN — .13(5)(e): '1. Information about individual children's food allergies shall be posted prominently, BOTH WHERE FOOD IS PREPARED AND WHERE FOOD IS SERVED. 2. For a child with life-threatening allergies, a written plan of action endorsed by the child's pediatrician or licensed medical provider shall be posted WHERE THE EDUCATOR HAS IMMEDIATE ACCESS. 3. Any child's food allergies and the accommodations and precautions in place to address food allergies shall be prominently noted.' In a family child care home the kitchen and the eating area are often the same room; where they are not, the information goes in both.
  • THE WEEKLY MENU — required twice over: as an accessible item at .05(12)(d)2, and operatively at .13(5)(f): 'A weekly menu that includes all snacks and foods served shall be posted and followed', with .13(5)(g) 'Meal and snack substitutions shall be noted on the menu IN ADVANCE.'
  • THE MEALTIME SUPERVISION PLAN — .11(3)(e): 'The mealtime supervision plan shall be prominently posted in EACH AREA WHERE FOOD IS SERVED.' Both home rules require all food-handling staff to be trained on it (.20(1)(e); .21(4)).
  • FOR EXEMPT NEIGHBOURS, NOT LICENSEES, BUT WORTH KNOWING BECAUSE IT DISTINGUISHES YOU FROM THEM — T.C.A. Section 71-3-503(b)(1): programmes exempt under subdivisions (a)(3), (6) and (9) 'shall post a sign stating, "This facility is not required to be licensed by the state as a child care agency"', and under (b)(2) must obtain a parent signature on a form carrying the same language 'at least in 16-point type'.

Enrollment forms for each child

  • CHILD INFORMATION FORM — rule 1240-04-01-.08(2)(d)1, which must contain: '(i) The child's name and date of birth; (ii) Name of parents/guardians; (iii) Child's and parents'/guardians' home addresses and phone numbers; (iv) Parents'/guardians' business addresses, phone numbers, and work hours (if applicable); (v) Any diagnosed disabilities for children who have special needs, medical conditions (including allergies) or relevant history of the child; (vi) For a child with life-threatening allergies, a written plan of action endorsed by the child's pediatrician or licensed medical provider; (vii) Name, address, and telephone number of a physician to call in case of an emergency; (viii)…
  • WRITTEN RELEASE AUTHORISATION — .08(2)(d)2: 'A written statement stating to whom the child shall be released.' Operationally paired with .11(5)(d)1-5, which permits release only to the parent/guardian or authorised person, requires photo identification 'if the educator does not recognize the individual', allows telephone authorisation of an unauthorised person with documentation of 'the date and time of the contact, to whom he/she spoke, and to whom the child was released', and requires the agency to 'immediately call 911 or other local emergency services number if anyone whose behavior may place a child at imminent risk attempts to pick up a child.'
  • WRITTEN TRANSPORTATION AGREEMENT (if applicable) — .08(2)(d)3: 'Written transportation agreement, if applicable, between parent/guardian and the child care agency regarding daily transportation between the home and the child care agency and the child care agency and the school.'
  • DAILY ATTENDANCE RECORD AND CLASSROOM ATTENDANCE LIST — .08(2)(d)4: 'Daily attendance records that include the full name and time in and time out for each child shall be maintained on-site but not necessarily in the individual child's file.' .08(2)(d)5: 'Daily attendance records shall be kept for ONE (1) YEAR after the child has left the child care agency.' .08(2)(d)6: 'An individual attendance list shall be maintained in each classroom.' Separately, .11(5)(e)1 requires 'a daily sign-in and sign-out sheet or electronic sign-in or sign-out record' with each child's printed full name, date, time of entry and time of departure — retained one year and 'kept on-site and immediately available'…
  • FIELD TRIP PERMISSION SLIP, ONE PER TRIP — .08(2)(d)7: 'The child care agency shall obtain individual permission slips signed and dated by the parent/guardian for EACH field trip PRIOR TO the activity.' A blanket annual consent does not satisfy this rule as written.
  • PERSONAL SAFETY CURRICULUM NOTIFICATION FORM — .08(2)(d)8: 'A signed Personal Safety Curriculum Notification Form indicating the parent/guardian have been provided an opportunity to review the personal safety curriculum offered by the child care agency and have been notified of the child sexual abuse/personal safety curriculum.' (DHS's own forms page, in an Internet Archive capture, listed this as 'Personal Safety Curriculum Notification (HS-2984)', with Spanish HS-2984SP and Vietnamese HS-2984V, and a drop-in variant HS-2994 — see verify_flag on the currency of those numbers.)
  • TENNESSEE DEPARTMENT OF HEALTH OFFICIAL IMMUNIZATION CERTIFICATE — .08(2)(e)1: 'The child care agency shall have a Tennessee Department of Health Official Immunization Certificate BEFORE ACCEPTING any child age TWO (2) MONTHS OR OLDER into care. All required vaccinations must be completed by eighteen (18) months of age.' Exceptions, .08(2)(e)2: a physician or health department 'signed and dated statement giving a medical reason'; a parent's 'signed written statement that such immunizations conflict with his/her religious tenets and practices'; or homeless/state-custody children, whose care 'without documentation of immunizations shall not exceed sixty (60) days'. For school-agers,…
  • WELL-CHILD EXAMINATION DOCUMENTATION FOR EVERY CHILD UNDER 60 MONTHS — .08(2)(f)2: 'Before a child under the age of sixty (60) months of age is accepted for care, the parent/guardian shall provide documentation, SIGNED OR STAMPED BY A PHYSICIAN OR LICENSED MEDICAL PROVIDER, that the child has completed a well-child examination unless the children are homeless and/or in state custody... This record shall be kept on file at the child care agency for one (1) year.'
  • TRANSITION PLAN FOR EACH INFANT, TODDLER AND PRE-SCHOOL CHILD — .08(2)(f)3: 'Each infant, toddler and pre-school child shall have a transition plan for moving from one age group to another.'
  • DAILY RECORD FOR INFANTS, TODDLERS AND NON-VERBAL CHILDREN — .08(2)(f)1, information that 'shall be documented and shared with all educators of an infant, toddler or non-verbal child during the day: (i) Time and amount of feeding; (ii) Any incidence of excessive spitting up; (iii) Toileting; (iv) Times of diaper changes; (v) Sleep patterns; and (vi) Developmental progress.'
  • KINDERGARTEN ACKNOWLEDGEMENT FOR A FIVE-YEAR-OLD — .08(2)(g)2: 'The records of any child who is five (5) years old in a child care agency which lacks approved kindergarten status for purposes of T.C.A. Section 49-6-201 shall include a signed acknowledgment by the child's parent or guardian that recognizes that the child's attendance DOES NOT SATISFY THE MANDATORY KINDERGARTEN PREREQUISITE for the child's enrollment in first grade. The statement of acknowledgment shall be signed by the parent or guardian and maintained in the child's file.'
  • WRITTEN ACTIVITY RECORD FOR CHILDREN WITH SPECIAL NEEDS — .08(2)(h): 'The child care agency will maintain a written activity record that consists of daily activities and behavior and information pertinent to the needs of the individual child.'
  • THE COMPLETE STAFF FILE — .08(3)(c), eleven items for every staff member: '1. The name, birth date, the social security number, address, and telephone number; 2. An emergency contact name/phone number/address; 3. Documentation of education and certificates of conferences and workshops attended in the preceding year, AS RECORDED IN THE TNPAL SYSTEM; 4. Documentation signed by the examining licensed physician, nurse practitioner or physician's assistant, verifying that the staff person is physically, mentally and emotionally capable of safely and appropriately providing care for children in a group setting... The documentation shall be on file within ten (10) calendar days of employment or…
  • DRIVER FILE ADD-ONS — .08(3)(d): '1. Copy of driver license showing proper endorsements; 2. Verification of a valid driver license and driver history check; 3. ANNUAL physical exam; 4. Verification of a clear drug screen prior to assuming driving duties; and 5. Verification of Cardiopulmonary Resuscitation and First Aid Certification.'
  • SUBSTITUTE AND VOLUNTEER RECORDS — .08(3)(e): 'Records of substitutes and volunteers shall include their names, addresses, telephone numbers and hours and dates of service.' And for substitute pools, .08(3)(f): 'All staff records shall be available on-site where the substitute is working either as print copies or web-accessible documents.'
  • THE APPLICATION PACKET ITSELF — a written PROGRAM DESCRIPTION with the five .05(1)(a) elements; a PROPOSED BUDGET (.05(2)(a)); COPIES OF THE TENNESSEE SECRETARY OF STATE BUSINESS ORGANISATION FILINGS (.04(1)(g)2); the fee ($100 family home / $125 group home, 1240-04-05-.03(14)); and INSURANCE DOCUMENTATION 'includ[ing] the declarations page of the insurance policy' (.05(4)(e)).
  • THE WRITTEN PLANS THAT FUNCTION AS FORMS — the multi-hazard EMERGENCY PREPAREDNESS PLAN (.18(1); DHS's archived forms page listed a 'Child Care Emergency Preparedness Plan Checklist and Template (HS-3275)'); the MEALTIME SUPERVISION PLAN (.11(3)(c)); the PLAYGROUND SUPERVISION PLAN (.11(4)(b)); the WRITTEN EXPULSION POLICY (.05(13)); the written staff policy covering 'job functions, qualifications, lines of authority, staff performance evaluations, and disciplinary process' (.06(1)(a)4); and the agency's DRUG TESTING POLICY 'for all staff having direct contact with children' (per the Department's Summary of Licensing Requirements).
  • RECORD RETENTION, WHICH IS PART OF THE FORM OBLIGATION — .08(1)(a): 'All records required by this chapter shall be maintained in an organized manner on-site, in a centralized location, or available electronically, and made readily available upon Department request.' .08(2)(a): 'The child care agency shall maintain a file for each child in a central location within the child care agency.' .08(2)(b): 'A child's records shall be kept for one (1) year following the child's leaving the child care agency; however, THE HEALTH RECORD SHALL BE RETURNED TO THE PARENT/GUARDIAN upon request when the child leaves the child care agency.' .08(2)(c): 'All children, INCLUDING RELATED CHILDREN YOUNGER THAN…

What's specific about getting licensed in Tennessee

Tennessee calls the home provider a 'primary educator' and folds family child care homes into one consolidated rule (1240-04-01) rather than a standalone home statute. Two things make Tennessee distinct: (1) the related-vs-unrelated capacity math, you can only exceed 7 children (up to 12) if the extra children are your own relatives, and your relatives age 9+ don't count at all if given separate space, and (2) Tennessee is one of the few states that requires a business-training course, the Small Business Academy, as a pre-licensure step, and runs a provisional-license-first model with a 120-day probationary period before the full license. Tennessee also grades homes with a public Report Card and star-quality rating (Chapter 1240-04-07) on top of the basic license.

Common mistakes when getting licensed in Tennessee

Counting to 12 the wrong way

Tennessee lets a solo primary educator care for at most 7 children at one time. You can only go up to 12 if every child above the 7th is related to you (Rule 1240-04-01-.20). And the infant count overrides the headcount: the moment you have 5 or more children under age 2, you must add a second qualified educator even if your total is 7 or fewer. Plan your staffing around how many babies you take, not just the total number of kids, or your very first inspection can find you out of ratio.

Treating pre-licensure training as optional paperwork

Tennessee will not issue your license until you finish a specific stack of trainings, not just a background check and inspection. As a Family Child Care Home primary educator you must complete: the DHS child care agency orientation session, the Small Business Academy (through your Child Care Resource & Referral agency), Licensing Rules & Regulations training, Shaken Baby/Abusive Head Trauma training before any contact with children, Pre-Service 'Before You Begin' training, and SIDS/safe-sleep training if you serve infants. Then within your first 120 days you must also add First Aid, CPR, and 3 hours on the TN Early Learning Developmental Standards. Applicants who assume 'inspection + background check = done' stall for weeks.

Counting your whole house as play space

Once you have more than 7 children or provide care in a single room, Tennessee requires 30 square feet of USABLE play space per child (Rule 1240-04-01-.20(2)). You cannot count bathrooms, hallways, the kitchen, office space, or the floor area taken up by cribs and large furniture. New providers routinely measure the whole room, get counted down at inspection, and end up licensed for fewer children than they budgeted for.

How long it takes and what it costs in Tennessee

Timeline: Tennessee uses a two-stage process: you first operate on a provisional license, then DHS issues the full annual license only after you complete the provisional licensure period (the first 120 days) in compliance and finish the required training. Realistically, plan on a few weeks to a couple of months to assemble the application, register your business, finish pre-licensure training, and pass the initial inspection and background checks before the provisional license is granted, then the roughly 120-day provisional window before your regular annual license is issued.

Cost: The largest costs in Tennessee are the required trainings, First Aid/CPR certification, and a fingerprint-based background check for every adult in the home, plus any facility fixes (fencing, smoke detectors, plumbing) flagged at inspection. Many of the mandated courses, including the Small Business Academy, are offered free or low-cost through Tennessee's Child Care Resource & Referral network. The rules require an application fee (set by statute, T.C.A. 71-3-501 et seq.), but the exact dollar amount is not stated in the licensing rule text itself, so confirm the current fee directly with DHS before you budget.

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Tennessee home daycare licensing — FAQ

How many children can I care for in a Tennessee home daycare?

FAMILY CHILD CARE HOME — SEVEN, EXTENDABLE TO TWELVE ONLY BY RELATIONSHIP. Rule 1240-04-01-.20(1)(c)1, verbatim: 'No more than seven (7) children may be present at any one time; except up to twelve (12) children may be present if any number above seven (7) are related to the primary educator.' Read the sentence as an engineer would. The base cap is SEVEN CHILDREN PRESENT AT ANY ONE TIME — it is a point-in-time headcount, not an enrolment cap, so a home with nine enrolled children on a staggered schedule is compliant only if seven is never exceeded on the clock. The extension to twelve is not a capacity upgrade the Department grants; it is arithmetic that only works if EVERY child above the seventh is related to the primary educator within the closed .02(41) list. Eight unrelated children is not a family home operating near its limit; it is, by definition .02(26), a GROUP child care…

What are the adult-to-child ratios for a home daycare in Tennessee?

TENNESSEE DOES NOT PUBLISH A PER-AGE RATIO FOR HOMES. IT PUBLISHES TWO STAFFING CHARTS, AND THEY ARE READ AS LOOK-UP TABLES. This is the single most commonly mis-stated fact about Tennessee family child care. There is no '1:4 for infants, 1:6 for toddlers' line for a family home the way there is for a centre under .22. Instead, rule .20(1)(c)4 says: 'The number of educators in a family child care home required to supervise children enrolled in the home shall comply with one of the options listed on the chart below.' You find the row your home is in and it tells you how many adults you owe. Both charts below are transcribed exactly as printed in the February 2026 revision; they are byte-identical to the November 2025 revision, which was confirmed by diffing the two PDFs — the February filing did not touch the ratios. CHART ONE — FAMILY CHILD CARE HOME, rule 1240-04-01-.20(1)(c)4. The…

What training do I need to run a home daycare in Tennessee?

Before you can be licensed: **THIS IS THE FIELD THE FEBRUARY 8, 2026 AMENDMENT REWROTE, AND THE PRIOR VERSION OF THIS REFERENCE WAS SERVING THE SUPERSEDED LIST.** Rule 1240-04-01-.06 is the only rule in chapter 1240-04-01 whose administrative history ends in 2026: 'Amendments filed November 10, 2025; effective February 8, 2026.' Everything below is transcribed from the February 2026 chart, with the deltas against the November 2025 chart named explicitly, because those deltas are the difference between a compliant opening and a failed pre-licensure review. THE GATE SENTENCE. Rule .06(6)(a): 'This chart provides the educational and training requirements that must be completed by staff PRIOR TO HAVING CONTACT WITH CHILDREN'. Not 'prior to licensure', not 'prior to unsupervised contact' — prior to contact. CHART ROW: 'FAMILY AND GROUP HOMES PRIMARY EDUCATOR'. Minimum Age: 18. Education:…

What background checks does Tennessee require?

FINGERPRINT-BASED, TBI-RUN, NINETY DAYS BEFORE ACCESS, REPEATED EVERY FIVE YEARS — AND IT REACHES INTO THE HOUSEHOLD, NOT JUST THE PAYROLL. The regime has two layers that must be read together: the rule, 1240-04-01-.07 ('CRIMINAL BACKGROUND CHECK AND STATE REGISTRY/RECORDS REVIEW PROCEDURES', last amended 'filed August 22, 2025; effective November 20, 2025'), and the statute, T.C.A. Section 71-3-507, which the rule expressly incorporates at .07(1)(d): 'Requirements for disclosure of criminal/juvenile and state register history and fingerprinting, are provided by T.C.A. Section 71-3-507 and as required by the Child Care and Development Block Grant Act. Such requirements may include filling out additional forms as necessary for out-of-state registry and criminal background checks.' WHO IS COVERED — FOUR CATEGORIES, VERBATIM. Rule .07(1)(a): 'The following persons are required to have a…

Is this legal advice?

No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.

Tennessee changes its rules — we'll tell you

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Source: Sources officielles consultées pour Tennessee :

https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04.htm

https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04-01.20260208.pdf

https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04-05.20251120.pdf

https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04-07.20251120.pdf

https://publications.tnsosfiles.com/acts/114/pub/pc0980.pdf

http://web.archive.org/web/20241103155003/https://codes.findlaw.com/tn/title-71-welfare/tn-code-sect-71-3-501/

http://web.archive.org/web/20250123083010/.../tn-code-sect-71-3-503/

http://web.archive.org/web/20250122122854/.../tn-code-sect-71-3-507/

Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.