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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. 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.

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'.

TWO CONDITIONS, BOTH REQUIRED: at least five UNRELATED children, AND three or more hours per day. Miss either and there is no agency, hence no license. Caring for four unrelated children for eight hours a day is not a licensable child care agency in Tennessee; caring for ten unrelated children for two hours a day is not one either. And 'child care' itself is defined at .02(9): 'As defined by T.C.A. Section 71-3-501, the provision of supervision and protection, and meeting, at a minimum, the basic needs of a child for less than twenty-four (24) hours a day.' TIER 1 — FAMILY CHILD CARE HOME. Rule 1240-04-01-.02(23): 'Family Child Care Home. Any place or facility which is operated by any person or entity that provides child care for three (3) or more hours per day for at least five (5) children, but not more than seven (7) children who are not related to the primary educator.' The statute at 71-3-501(9) adds the household ceiling the rule definition leaves out: '...provided, that the maximum number of children present in the family child care home, including related children of the primary caregiver shall not exceed twelve (12), with the exception that, if the family child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted in determining the maximum number of children permitted to be present in a "family child care home" if those children are provided a separate space from that occupied by the family child care home.

The department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is appropriate.' So the band is 5-7 UNRELATED, with a HOUSEHOLD TOTAL of 12. TIER 2 — GROUP CHILD CARE HOME. Rule 1240-04-01-.02(26): 'Group Child Care Home. Any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least eight (8) children who are not related to the primary educator, but not more than twelve (12) children or fifteen (15) children if approved for three (3) additional school-agers.' The statute at 71-3-501(10) is the fuller text: '...the maximum number of children present in a group child care home, including those related to the primary caregiver, shall not exceed twelve (12) children, with the exception that, if the group child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine (9) years of age or older will not be counted... and, provided, further, that up to three (3) additional school age children, related or unrelated to the primary caregiver, may be received for child care before and after school, on school holidays, on school snow days and during summer vacation.'

So the band is 8-12 UNRELATED, extendable to 15 with the school-age allowance. THE SEAM BETWEEN THE TWO TIERS IS THE NUMBER SEVEN, AND IT IS SHARP. Seven unrelated children is the largest a Family Child Care Home may serve; eight is the smallest a Group Child Care Home may serve. There is no overlap and no discretion: at the eighth unrelated child the provider is operating a different class of agency, needing a different license, a different fee, a different ratio chart (compare .20(1)(c)4 with .21(1)(b)), a different square-footage rule (.21(5)(a) imposes 30 sq ft per child on ALL group homes, while .20(2)(c) imposes it on family homes only above seven children or in one-room care) and, if four or more infants/toddlers attend, a physically separate infant space with its own educator (.21(1)(d)). TIER 3 — CHILD CARE CENTER, THE CEILING ABOVE BOTH HOMES. Rule .02(12): 'Child Care Center. Any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least thirteen (13) children who are not related to the primary educator.'

The statute at 71-3-501(5) adds an anti-reclassification clause that protects the group home's school-age allowance: 'provided, that a child care agency shall not be classified as a "child care center" that operates as a "group child care home" and keeps three (3) additional school-age children as permitted in subdivision (10)'. That is the explicit answer to the obvious question: a group home holding 15 does NOT thereby become a centre. TIER 4 — DROP-IN CHILD CARE CENTER, AND A LIVE RULE/STATUTE CONFLICT WORTH KNOWING. Rule .02(21)(a) defines a drop-in centre as care 'for fifteen (15) or more children, who are not related to the primary educator, for short periods of time, not to exceed fourteen (14) hours per week and for not more than seven (7) hours per day for any individual child during regular working hours (Monday-Friday, 6:00 a.m. to 6:00 p.m.).' The STATUTE, T.C.A. 71-3-501(8), sets different numbers for the same class: 'not to exceed eighteen (18) hours per week and for not more than nine (9) hours per day for any individual child'. Both texts were read directly. The rule is tighter than the statute.

This class is not a home class and does not bear on a family or group home licence, but any document that quotes '18 hours/9 hours' from the statute and '14 hours/7 hours' from the rule in the same breath is not contradicting itself — Tennessee genuinely carries both numbers. WHO COUNTS AS 'RELATED' — THE LIST IS CLOSED. Rule .02(41): 'Related. Children, step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings, nieces, nephews or foster children of the primary educator.' T.C.A. 71-3-501(12) is word-for-word the same list with 'caregiver' for 'educator'. Cousins are not on the list. A friend's child is not on the list. The list is what separates the 'five unrelated children' trigger from a household with many children in it. TENNESSEE'S VOCABULARY: 'EDUCATOR', NOT 'CAREGIVER'. Rule .02(22): 'Educator. An adult individual, whether paid or unpaid, including the Primary Educator, who is responsible for meeting the supervision, protection, and basic needs of the child, and who is used to meet the adult:child ratios required by these rules. For the purposes of these rules the term educator is equivalent to caregiver as defined by T.C.A. Section 71-3-501.' Rule .02(39): 'Primary Educator.

The adult on site at a family or group child care home who is directly responsible for care, education, and supervision of children in a child care home and for the daily operation of a child care home. For the purpose of these rules, the term primary educator is equivalent to primary caregiver as referenced in T.C.A. Section 71-3-501.' Note the definitional consequence: the entire home regime is written around ONE named human being. Every child-count threshold, every 'related' test and every training obligation in .20 and .21 is measured against the PRIMARY EDUCATOR, not against the household or the business entity. THE AGE VOCABULARY THAT DRIVES THE RATIO CHARTS. .02(29) 'Infant. A child who is six (6) weeks through twelve (12) months of age or until ambulation.' .02(58) 'Toddler. A child who is thirteen (13) months through thirty (30) months of age.' .02(38) 'Pre-School Child. A child who is at least thirty-one (31) months of age and who has not entered kindergarten.' .02(44) 'School-Age Child. A child who has entered kindergarten through seventeen (17) years of age. A child may be considered school-age during the summer immediately preceding their entry into kindergarten.' .02(4) 'Ambulation.

The ability to walk from place to place.' Two traps live in those definitions. First, 'infant' ends at twelve months OR at walking, whichever comes first — but the ratio charts in .20 and .21 are keyed to 'under two (2) years' and 'under three (3) years', which are different tests again; a Tennessee home therefore counts children by BIRTHDAY for ratio purposes and by DEVELOPMENTAL STAGE for infant-room purposes. Second, 'school-age' is defined by having ENTERED KINDERGARTEN, not by age, with an express summer bridge — which is what makes the group home's 'three additional school-agers' allowance workable across a summer. WHAT IS NOT REGULATED, AND WHAT IS ONLY REGISTERED. Below five unrelated children there is no licence because there is no 'child care agency'.

Above that, T.C.A. Section 71-3-503(a) lists eleven exemption categories that a program must prove 'upon demonstration of clear and convincing evidence' — among them (a)(4) 'Child care centers operated by church-related schools, as defined by Section 49-50-801, which shall be subject to regulation by the department of education pursuant to title 49, chapter 1, part 11'; (a)(6) '"Parents' Day Out" or similar programs operated by a religious institution or religious organization that provide custodial care and services for children of less than school age, with no child attending more than twelve (12) hours in each calendar week', which 'shall register with the department their intent to operate a Parents' Day Out program prior to offering the service'; and (a)(9)(A) 'CASUAL CARE' — 'places or facilities operated by any person or entity that provides child care, at the same time, for a minimum of five (5) children, but less than fifteen (15) children, who are not related to the primary caregiver, during short periods of time that do not exceed ten (10) hours per week or six (6) hours per day for any individual child while the parents or other custodians of the children are engaged in short-term activities, not including employment of the parent or other custodian of the child', which likewise 'shall register with the department their intent to conduct casual care'.

Casual care carries a penalty tail at 71-3-503(a)(9)(C): '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'. And exempt programs under (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"' (71-3-503(b)(1)), with a parallel signed parent form 'at least in 16-point type' (71-3-503(b)(2)). THERE IS NO 'VOLUNTARY REGISTRATION' TIER FOR PROVIDERS OF FOUR OR FEWER CHILDREN in either 71-3-503 or chapter 1240-04-01 as read on 2026-08-25 — secondary web summaries that describe one are not supported by the text; see verify_flag.

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.'

Three conditions, all conjunctive: the home must be the primary educator's OCCUPIED RESIDENCE; the child must be RELATED; the child must be NINE OR OLDER; and the child must be given a SEPARATE SPACE from the one the child care occupies. Fail any one and the child is counted. And 'separate' does not mean 'quarantined' — .20(1)(c)3 preserves the family: 'Children related to the primary educator nine (9) years of age or older may interact with children in the licensed family child care home provided that the required level of care and supervision is not compromised.' The statute grants the Department the same latitude in its own words at T.C.A. 71-3-501(9): 'The department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is appropriate.' GROUP CHILD CARE HOME — TWELVE, EXTENDABLE TO FIFTEEN ONLY BY SCHOOL-AGE ALLOWANCE. Rule .21(1)(a)2: 'The maximum number of children present in a group child care home shall not exceed twelve (12).' Then the exception, .21(1)(a)2(i)(II): 'Up to three (3) additional school-age children, related or unrelated to the primary educator, may be in care before and after school, on school holidays, on school snow days and during summer vacation.'

Notice what is DIFFERENT from the family home extension: here the three extra children may be RELATED OR UNRELATED, but they must be SCHOOL-AGE (i.e. have entered kindergarten, per .02(44)) and they may only be there in the named windows — before/after school, school holidays, snow days, summer vacation. Three unrelated toddlers do not fit through this door at any hour. The rule definition at .02(26) adds one more word that the operative rule does not: fifteen is available 'if APPROVED for three (3) additional school-agers'. So the ceiling of fifteen is a licensed capacity the Department has to have granted, not something the provider may simply do on a snow day. The parallel 'age nine, related, separate space' carve-out applies to group homes too, at .21(1)(a)2(i)(I): 'If the group child care home is in the occupied residence of the primary educator, children nine (9) years of age or older and related to the primary educator are not counted if those children are provided a separate space from that occupied by the group child care home'. THE HARSHEST SENTENCE IN THE GROUP HOME RULE, AND IT IS EASY TO MISS.

Rule .21(1)(a)1: 'All children, including related children younger than age nine (9), shall be counted in the ratio and group size and shall have required records on file before care is provided.' That is TWO obligations in one line. (i) The provider's own under-nines count against the twelve. (ii) The provider's own under-nines must have a complete child file — information form, immunisation certificate, well-child examination — before care is provided, exactly as a paying customer's child would. Rule .08(2)(c) repeats it as a general record rule: 'All children, including related children younger than age nine (9), shall have required records on file before care is provided.' A group home operator with three young children of her own therefore starts the day at 3/12, not 0/12, and owes the Department three complete files on her own children. 'LICENSED CAPACITY' IS A NUMBER THE DEPARTMENT SETS, AND IT CAN BE LOWER THAN THE RULE MAXIMUM. Rule .02(32): 'Licensed Capacity. The designated maximum number of children permitted in the care and supervision of a licensed child care agency as determined by the Department based upon available indoor space, age of children, adult:child ratios, and group size.'

And the Department's discretion is explicit in both home rules: .20(2)(b) 'The Department may, in its discretion, restrict the child care agency's licensed capacity below the maximum set forth in these rules'; .21(5)(c) 'The Department may restrict the child care agency's licensed capacity below the maximum.' Both home rules then state the hard floor: .20(1)(b) 'A child care family home shall not exceed licensed capacity', and for group homes the variance provision at .21(1)(a)4(i) 'At no time shall the licensed capacity be exceeded.' Operating scope generally is fenced by .03(2)(a): all programmes shall operate within '1. Their licensed capacity; 2. The approved hours of operation; 3. The specific age ranges of children served; 4. The services offered; 5. At the address designated on the license; 6. Any restrictions stated on the license; 7. Their same ownership and legal business status as listed on the license; and 8. Within the licensed and approved child care space.' SQUARE FOOTAGE IS THE OTHER CAP, AND IT BINDS DIFFERENTLY IN THE TWO HOME CLASSES. FAMILY HOME, .20(2)(c): 'If the number of children exceeds seven (7) at one time or the care is provided in one room of the home, the area shall provide thirty (30) square feet per child of usable play space.'

So a family home under seven children using multiple rooms has no express per-child indoor minimum in .20; cross the seventh child (with related children) or compress into a single room, and the 30 sq ft rule switches on. GROUP HOME, .21(5)(a): 'A minimum of thirty (30) square feet of usable indoor play space shall be provided for each child.' — unconditional. Both classes exclude the same non-play areas from the calculation, .20(2)(d) and .21(5)(d): '1. Restrooms; 2. Hallways; 3. Kitchen; 4. Office space; and 5. Space used by cribs or large pieces of furniture.' That last exclusion is the one that surprises providers: the floor area a crib stands on is not usable play space, so an infant-heavy home loses capacity to its own equipment. OUTDOORS, the general rule .16(9)(a) applies to homes as to centres: 'Outdoor play areas shall contain a minimum of fifty (50) square feet of usable play space for each child using the area at any one time', and .16(9)(b) 'The outdoor play area shall be enclosed by a fence or barrier at least four (4) feet in height and shall not be accessible to the public while children are in care', with a discretionary waiver 'upon a clear showing that the lack of such fence or barrier poses no apparent or potential risk to children.'

Note the outdoor figure is per child USING THE AREA AT ANY ONE TIME, so a home may stagger outdoor play rather than fence 600 square feet. A FLOOR AS WELL AS A CEILING: NO INFANT UNDER SIX WEEKS. Rule .05(5)(a): 'Enrollment of children under six (6) weeks of age is prohibited.' This is absolute and admits no parental waiver; it also explains why the infant definition at .02(29) starts at six weeks. And a per-child daily ceiling exists too — DHS's own 'Summary of Licensing Requirements' states 'Children shall not be in care for more than twelve (12) hours in a twenty-four (24) hour period except in special circumstances.'

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.

ROW 2 — 'Seven (7) or fewer children; and five (5) or more under two (2) years' -> 2 EDUCATORS. ROW 3 — 'More than seven (7) children; and no more than four (4) under two (2) years' -> 2 EDUCATORS. ROW 4 — 'More than seven (7) children; and five (5) or more under two (2) years' -> 3 EDUCATORS. WHAT THE CHART ACTUALLY SAYS, IN PLAIN LANGUAGE. One adult may lawfully hold SEVEN children alone, of any mix of ages, provided no more than four of them are under two years old. There is no separate infant ratio, no toddler ratio and no preschool ratio inside a Tennessee family home — the only age line that changes the answer is 'under two (2) years', and the only headcount line is 'seven'. The second adult is triggered by exactly two events: a fifth child under two, or an eighth child in the house (which, per .20(1)(c)1, can only lawfully be a RELATED child). The third adult is triggered only by the conjunction of both. And the header settles the question that would otherwise be argued on every inspection: children related to the primary educator who are UNDER NINE are inside the chart's count.

Related children NINE OR OLDER are outside it, but only through the .20(1)(c)2 door — occupied residence, separate space. CHART TWO — GROUP CHILD CARE HOME, rule 1240-04-01-.21(1)(b), printed under the heading 'Group Home Ratio and Group Size Chart'. Columns: 'Number of Children' / 'Ages of Children' / 'Educators Required'. The three rows, each with the identical parenthetical in the first column: ROW 1 — 'Twelve (12) - Fifteen (15) (any number over twelve (12) must be school-age)' + 'No more than twelve (12) children three (3) years of age or older' -> 1 EDUCATOR. ROW 2 — 'Twelve (12) - Fifteen (15) (any number over twelve (12) must be school-age)' + 'Up to nine (9) children under three (3) years of age; and No more than four (4) present under two (2) years of age' -> 2 EDUCATORS. ROW 3 — 'Twelve (12) - Fifteen (15) (any number over twelve (12) must be school-age)' + 'Ten (10) or more under three (3) years of age' -> 3 EDUCATORS. READ THE FIRST ROW TWICE. It authorises ONE educator for twelve children, provided every one of them is three years old or older. That is the widest single-adult authorisation in the Tennessee home rules and it is printed in the chapter.

The second row is the one that catches people: nine children under three is still a two-educator room, but only if no more than four of those are under two; and note the drafting asymmetry — 'up to nine children under three' and 'no more than four PRESENT under two'. The word 'present' makes the under-two test a live, point-in-time test rather than an enrolment test. A STRUCTURAL GAP IN CHART TWO THAT PROVIDERS MUST NOT GUESS AT. Every row of the group chart begins at TWELVE. The chart is silent on a group home holding eight, nine, ten or eleven children — which is the ordinary operating state of a licensed group home, since .02(26) sets the class floor at eight unrelated children. The chapter fills part of the gap in one direction only, at .21(1)(e): 'If attendance drops to seven (7) or fewer children, family child care home ratios apply.' So the rules expressly answer 7-and-below (use Chart One) and 12-to-15 (use Chart Two), and leave 8-to-11 to be inferred. This is a real ambiguity in the published text, not a transcription error; it is recorded in verify_flag rather than papered over with a guess.

THE INFANT/TODDLER SEPARATION RULE THAT OVERRIDES THE CHART. Rule .21(1)(d): 'If four (4) or more infants/toddlers attend a group child care home, they shall have a separate and distinct space and their own educator.' Then '1. The space shall provide thirty (30) square feet per child. 2. Barriers shall be sufficient to provide separation without isolating children.' So the fourth infant/toddler in a group home creates a dedicated adult and a dedicated room regardless of what the chart's arithmetic would otherwise allow. THE TEN PERCENT VARIANCE — GROUP HOMES ONLY, AND HEDGED FOUR WAYS. Rule .21(1)(a)4: 'Adult:child ratios and group sizes in group child care homes may exceed requirements by up to ten percent (10%), rounded to the nearest whole number, no more frequently than three (3) days per week.' The four hedges are printed immediately beneath: '(i) At no time shall the licensed capacity be exceeded. (ii) Infant and toddler groups may never exceed the required ratios and group sizes. (iii) The Department may terminate this variance in individual cases under provisions for issuance of a restricted license pursuant to T.C.A. Section 71-3-502. (iv) Group Child Care Home child care agencies who use the variance may, at the Department's discretion, be required to obtain fire approval prior to enrolling additional children.'

Note carefully: there is NO equivalent variance in rule .20. A family child care home has no ten percent cushion at all. RATIOS ARE MAINTAINED OUTDOORS AS WELL AS INDOORS. .20(1)(a): 'Adult:Child ratios shall be maintained by the child care agency while the children are on the premises of the child care agency, including outdoors or on the playground.' .21(1)(a): 'Adult:child ratios shall be maintained at all times while the children are on the premises, including outdoors or on the playground.' COVERAGE WHEN THE PRIMARY EDUCATOR STEPS OUT. .20(1)(d): 'A qualified educator shall be on-site any time that the primary educator is not on-site during child care operating hours.' The group home version is stricter, .21(2): '(a) Owners who are employed elsewhere shall ensure that a primary educator is always on-site. (b) The primary educator shall not be employed at any other job during the hours of operation unless the Department has approved the primary educator's employment in an official capacity in a program sponsored or recognized by the Department. (c) An educator shall be on-site any time that the primary educator is not on-site during child care operating hours.'

And .06(2)(a) adds a parent-notice duty unique to homes: 'Family and group home child care agencies must notify parents in advance of person(s) in charge during the primary educator's absence.' WHO MAY BE COUNTED IN THE RATIO, AND WHO MAY NOT. VOLUNTEERS — NEVER, with one narrow exception. .06(5)(a): 'Volunteers may not be counted to meet the adult:child ratios and shall never be left alone with children except parents/guardians may be counted in the adult:child ratio at a field trip location.' SIXTEEN- AND SEVENTEEN-YEAR-OLD ASSISTANTS IN A GROUP HOME — YES, UNDER SUPERVISION. .21(3)(a): 'Educators/Assistants sixteen (16) through seventeen (17) years of age may assist a primary educator and be counted in the ratio if the individual is: 1. Never left alone with children; and 2. Always under the direct supervision of a primary educator.' PRACTICUM STUDENTS — ONLY IF EIGHTEEN. .02(37): 'Practicum Student. A staff member, either paid or unpaid, that is enrolled in a higher education program, has completed a background check and "Before You Begin" training(s), and who may be counted in ratios if eighteen (18) years of age or over but never left alone with children.'

STUDENT ASSISTANTS — NEVER. .02(52): 'Student Assistant. A NON-RATIO staff member aged sixteen (16) through eighteen (18)...' (emphasis in the sense of the printed words 'A non-ratio staff member'). SUBSTITUTES WITHOUT CLEARANCE — NEVER ALONE. .06(4)(c): 'Substitutes that do not meet the requirements listed in subparagraphs (a) and (b) above shall never be left alone with children. Practicum students shall never be left alone with children.' TWO ACTIVITIES WHERE THE HOME RATIO CHANGES. FIELD TRIPS — .11(6)(b): 'The adult:child ratio shall be doubled during field trips. Exception: for family and group homes, the adult:child ratio during field trips shall be increased by one (1).' So a solo family home educator taking seven children out needs a second adult, not seven more. Attendance must then be checked at five named moments (.11(6)(c)): before leaving, on arrival at each destination, at the beginning and end of each activity, on departing each destination, and on arrival back. WATER — the general supervision rule .11(7) sets an express age table for activities 'in or near a body of water', reproduced in the Department's Summary of Licensing Requirements as: 6 weeks to 12 months 1:1; 13 to 35 months 1:2; three years 1:3; four years 1:4; five years 1:5; school-age (kindergarten and above) 1:10 — with 'One (1) adult present shall have a current certificate in advanced aquatics lifesaving skills and shall supervise above the level of the swimmers.'

SLEEPING CHILDREN DO NOT RELAX THE RATIO. .21(1)(f): '1. If there is a sleeping or resting child, there shall be at least one (1) adult educator awake and supervising the child. (i) The educator shall be able to hear the child at all times, shall be able to see the child with a quick glance, and shall be able to physically respond immediately. (ii) Helper devices such as mirrors, electronic sound monitors, etc. may be used as appropriate to meet these requirements. 2. Adult:child ratios shall be maintained.' AND MEALS ARE A SUPERVISION EVENT WITH ITS OWN WRITTEN PLAN. .11(3)(a): 'During meal and snack time, staff shall maintain direct supervision of children between six (6) weeks and five (5) years of age and maintain supervision of children between six (6) and nine (9) years of age.' .11(3)(b): educators supervising 'are prohibited from engaging in any activities unrelated to mealtime while children are eating.' Both home rules import the plan requirement: .20(1)(e) and .21(4), 'All staff responsible for food service, preparation, or supervision shall be trained on the mealtime supervision plan as described in 1240-04-01-.11(3)(c).'

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.'

THREE THINGS CHANGED IN THAT ROW ON 2026-02-08, AND ALL THREE MATTER. (1) **'SMALL BUSINESS ACADEMY' WAS DELETED FROM THE PRE-SERVICE LIST.** In the November 2025 chart it was item 2 of six. In the February 2026 chart it is gone from .06(6)(a) entirely — it now appears only in the PROVISIONAL-period chart at .06(6)(b), as item 7 of eight. It is still mandatory; it is no longer a before-you-touch-a-child requirement. (2) The abuse-prevention course was RENAMED from 'Shaken Baby/Abusive Head Trauma Training' to 'Shaken Baby/Abusive Head Trauma/CHILD MALTREATMENT Training' — the CCDBG topic list at the foot of .06(6)(c) was conformed in the same filing to read 'prevention of shaken baby syndrome, abusive head trauma, and child maltreatment'. (3) The rules course was RENAMED from 'Licensing Rules and Regulations Training' to 'Licensing Rules and Regulations Training, INCLUDING BUILDING AND PHYSICAL PREMISES SAFETY' — folding a federally required CCDBG health-and-safety topic into the named pre-service course. CHART ROW: 'FAMILY/GROUP EDUCATOR ASSISTANT' (the second adult in a home). Minimum Age: 16. Education: 'None'.

Training Requirements: '1. Licensing Rules and Regulations Training, including building and physical premises safety; 2. Shaken Baby/Abusive Head Trauma/Child Maltreatment Training prior to contact with children; 3. Pre-Service Training (Before You Begin); 4. Sudden Infant Death Syndrome Training prior to contact with children if the agency provides care for infants.' Note what the assistant does NOT owe: no orientation session, no diploma, and the age floor is sixteen, not eighteen — which dovetails with .21(3)(a) allowing sixteen- and seventeen-year-olds to be counted in a group home's ratio under direct supervision. THE ORIENTATION EVERY NEW EMPLOYEE OWES, ON TOP OF THE CHART. Rule .06(3)(f) — and note its trigger ALSO changed on 2026-02-08, from 'Prior to having UNSUPERVISED contact with children' to: 'PRIOR TO HAVING CONTACT WITH CHILDREN, each new employee shall receive orientation in, and have a working knowledge of the following items: 1. Program philosophy and policies; 2. Job description; 3. Emergency health and safety procedures; 4. Behavior management procedures; 5. Detection, reporting, and prevention of child abuse; 6. Procedures for receiving and releasing children; 7. Safe sleep procedures; 8. Meal service and safe food preparation policies; 9. Supervision during high risk activities such as eating and outdoor play; 10. Food allergies; 11. Expectations for communications with parent/guardian; 12. Disease control and health promotion, including childhood obesity and the beneficial health impacts of physical activity; 13. An overview of licensing requirements; and 14. Information on risks of Cytomegalovirus (CMV) to female employees of childbearing age.'

Rule .06(3)(g), same trigger: 'Prior to having contact with children, each new employee shall complete training in the following areas: 1. Shaken baby syndrome/abusive head trauma/child maltreatment; and 2. Pre-service training as recognized by the Department which shall include all federally required components.' Rule .06(3)(h): 'Documentation of the requirements in subparagraphs (f) and (g) shall be maintained in the staff file.' THE SECOND, SEPARATE CLOCK: THE PROVISIONAL-PERIOD CHART AT .06(6)(b). This chart was ENTIRELY ABSENT from the prior version of this reference and it is where most of the actual hours live. Its preamble: 'This chart provides the training requirements and expectations for educators, primary educators, assistant directors, and directors for each class of licensed care during the provisional licensure period. These training requirements also apply to new employees. Please note that all hours earned during the provisional licensure period count towards the first-year hourly training requirements.' The column header reads: 'Provisional Licensing Period (first 120 days) Training Requirements (These requirements are also applicable to new employees hired after the provisional licensure period, to be completed within the first four (4) months of employment.)' FOR 'FAMILY AND GROUP HOMES PRIMARY EDUCATOR', the eight items: '1. 3 hours on developmental learning standards (TN-ELDS); 2. New Director Training; 3. Transportation Training (if applicable at the agency) before providing transportation.

Training will include anyone responsible for the transportation of children; 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.' FOR 'FAMILY/GROUP HOME EDUCATOR', five items: '1. 3 hours on developmental learning standards; 2. Transportation Training (if applicable at the agency) before providing transportation; 3. First Aid Training (within 90 days of employment); 4. CPR Training (within 90 days of employment); 5. Additional training as identified by the Department.' SO THE HONEST TENNESSEE ANSWER TO 'HOW MANY PRE-SERVICE HOURS?' IS: THE STATE DOES NOT SET ONE. The only clock-hour figure fixed in rule anywhere in the pre-service and provisional sequence is '3 hours on developmental learning standards (TN-ELDS)'. Everything else is a NAMED COURSE whose length is set by the Department through the TNPAL catalogue, not by the Tennessee Administrative Code. Any source that quotes a single tidy pre-service hour figure for Tennessee is not quoting the rules.

SUBSTITUTES AND PRACTICUM STUDENTS HAVE THEIR OWN GATE. .06(4)(a): 'Before a substitute or practicum student has contact with children at the agency, the agency is required to train the substitute or practicum student on the agency policies and procedures regarding emergency preparedness plans, reporting of child abuse, neglect, and maltreatment, and safe sleep practices.' .06(4)(b), for those serving more than 36 hours in a calendar year: '1. Meet the background check requirements prior to beginning their duties; 2. Meet the same requirements as regular staff for the physical examination required by these rules; and 3. Have a minimum of four (4) hours of annual training if they acted as substitutes/educators for more than thirty-six (36) hours in the previous calendar year.' FITNESS DOCUMENTATION IS PART OF THE PRE-SERVICE PACKET. Rule .08(3)(c)4 requires in every staff file '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, if the staff person is an educator, owner, operator, director, manager, or will otherwise have unsupervised contact with children.

The documentation shall be on file within TEN (10) CALENDAR DAYS of employment or work start date.' And .08(3)(c)5: 'Documentation that staff have been screened and/or tested for all communicable diseases as required by the Department of Health PRIOR TO HAVING CONTACT WITH CHILDREN.' Note the two different clocks — the physician statement may land ten days late, the communicable-disease screening may not land late at all. Note also the wording change made on 2026-02-08 at .06(3)(d): where the November 2025 text read 'shall ensure that no person who has a physical, mental, or emotional condition that poses a risk to children, or exhibits any evidence suggestive of illegal or inappropriate drug/alcohol use or possession, shall have any access to children', the February 2026 text reads 'shall ensure that the staff person is physically, mentally, and emotionally capable of safely and appropriately providing care for children.' The exclusionary formulation was replaced by an affirmative capability duty, and the express drug/alcohol clause was dropped from .06(3)(d) (agency-level drug testing policy remains required elsewhere).

Rule .06(3)(e)1 retains the reactive power: 'A child care agency may, upon reasonable cause/suspicion require any persons having significant contact with children to obtain physical/mental health evaluations to determine their ability to satisfactorily perform their job duties.' A NEW OBLIGATION IN THE FEBRUARY 2026 FILING THAT DID NOT EXIST BEFORE, AT .06(2)(d): 'The Director shall be on-site for at least fifty percent (50%) of the agency's monthly hours of operation. 1. Reasonable time away for a leave of absence, professional development, or community engagement will be accommodated. 2. This requirement does not apply to licensed drop-in child care centers.' 'Director' is defined at .02(20) as 'The on-site child care CENTER staff member who has responsibility for the overall operation of the center', so on the face of the definitions this new duty lands on centres rather than on a home's primary educator — but it sits in .06(2) 'Organizational Management', which applies to all classes, and the home equivalent duty is already stricter under .21(2)(a)-(b). Recorded in verify_flag as a drafting question rather than asserted either way.

AND ALL OF IT IS RECORDED IN ONE PLACE. Rule .19: '(1) The Tennessee Professional Archive of Learning (TNPAL): The system of record for all training and professional development as of the effective date of these rules. (2) All agency staff subject to pre-service and/or ongoing training/professional development requirements shall: (a) Create a user profile for TNPAL, and (b) Utilize TNPAL as the system of record for meeting all related training/professional development requirements.' A course taken but not in TNPAL is, for licensing purposes, a course not taken — .08(3)(c)3 requires the staff file to hold 'Documentation of education and certificates of conferences and workshops attended in the preceding year, AS RECORDED IN THE TNPAL SYSTEM.'

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.'

TABLE — 'EDUCATOR - FAMILY OR GROUP HOME': 'Annual Training' -> '12 hours total' 'Health and Safety' -> 'At least 6 of the 12 total hours' 'Pre-Literacy and Literacy Skills and Education Implementation' -> 'At least 3 of the 12 total hours' 'Adverse Childhood Experiences' -> 'Every 5 years - length not specified' Footer: '4 hours of the 12 total hours may be earned by conducting training. Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.' WHAT THAT ARITHMETIC MEANS IN PRACTICE. For the primary educator, 6 + 3 = 9 of the 18 hours are pre-committed by subject; the remaining 9 are elective within the Department's recognised catalogue. For the second educator, 6 + 3 = 9 of only 12 hours are pre-committed — proportionally a far tighter box, since a rank-and-file home educator has just three genuinely discretionary hours a year. The 'may be earned by conducting training' allowance (4 hours in both tables) is one of the few places a Tennessee home provider can convert her own expertise into compliance credit, and it is capped identically for both roles even though the totals differ.

THE FIRST YEAR IS NOT AN EXTRA YEAR. Two sentences in the chapter say the same thing from different directions: the .06(6)(b) preamble, 'all hours earned during the provisional licensure period count towards the first-year hourly training requirements', and the .06(6)(c) footers, 'Hours earned during the pre-licensure and provisional licensure period may count towards these total hours.' So the 3 hours of TN-ELDS, the New Director Training, the Small Business Academy, the first aid and CPR courses and the Personal Safety Training taken inside the 120-day provisional window are credited against year one's eighteen, not stacked on top of them. THE FIVE-YEAR AND THREE-YEAR CYCLES THAT SIT UNDER THE ANNUAL NUMBER. ADVERSE CHILDHOOD EXPERIENCES: both home tables carry the row 'Adverse Childhood Experiences - Every 5 years - length not specified'. The rule itself declines to fix the hours; a document that asserts an ACEs hour count for Tennessee is asserting something the code does not say. CCDBG HEALTH AND SAFETY TOPICS: printed under the heading 'Clarifications:' at the foot of .06(6)(c) — 'Child Care and Development Block Grant (CCDBG) Health and Safety Training Topics: Family, Group, and Center Staff cycle through the requisite topics every THREE years.

Drop-in staff cycle through the topics every 4 years.' And the required topic list, verbatim: 'prevention and control of infectious diseases (including immunization); SIDS and use of safe sleep practices; administration of medication; prevention/response to food allergies; building and physical premises safety; prevention of shaken baby syndrome, abusive head trauma, and child maltreatment; emergency preparedness and response planning; storage of hazardous materials and biocontaminants; precautions in transporting children (if applicable); first aid and CPR; recognition and reporting of child abuse and neglect; child development, including the major domains (cognitive, social, emotional, physical development and approaches to learning).' Twelve topics, cycled across three years — which is, in practice, how the six annual Health and Safety hours get filled. SUBSTITUTES. .06(4)(b)3: substitutes or practicum students who served 'more than thirty-six (36) hours in the previous calendar year' shall 'Have a minimum of four (4) hours of annual training'. (The separate 'Substitute - Center' table in .06(6)(c) sets 'Health and Safety - At least 4 total hours'; there is no distinct substitute table for homes, so .06(4)(b)3 is the operative figure for a home's substitute.) ONE ANNUAL TRAINING THAT IS NOT IN THE HOUR TABLES AT ALL.

Rule .18(5): 'All child care agency staff persons shall be trained on the plan annually' — the multi-hazard emergency preparedness plan required by .18(1). The Department's Summary of Licensing Requirements states the same for abuse reporting: 'All child care agency staff shall receive training annually regarding proper procedures to report child abuse and neglect.' Both are duties in their own right; whether they are counted inside the eighteen or twelve hours is not stated in the chapter and is recorded in verify_flag. FOR CONTRAST, THE CENTRE FIGURES IN THE SAME CHART — because providers comparing Tennessee options ask, and because it shows the home numbers are not an accident: 'Director - Single-Site Center' 'At least 24 total hours' (6 H&S, 3 literacy, ACEs every 5 years, 4 by conducting), with the alternative of earning 'credit during the year in 1 academic course (in administration, child development, early childhood education, health/safety or related field) from accredited academic institution'; 'Assistant Director - Center' 'At least 18 total hours' (6 H&S, 3 literacy, plus 'Administration, Management or Supervisory training - At least 4 hours of the 18 total hours'); 'Educator - Center' '12 total hours'; 'Director - Drop-In Center' 'At least 6 total hours'; 'Educator - Drop-In Center' 'Annual Training - Health and Safety - At least 3 total hours'. A degreed centre educator gets relief the home rules do not offer: 'Educators who hold one of the following degrees/credentials as recognized by the Department shall instead comply with the training requirements for experienced educators after the first year: Bachelor's or Associate's degree in child development or a related field; CDA credential; Certified Child Care Professional (CCP) credential.'

EVERYTHING IS COUNTED IN TNPAL (.19(2)(b)) AND FILED (.08(3)(c)3). And the primary educator is also personally evaluated: .06(1)(b) 'Teaching staff, assistant directors, and directors shall be evaluated on the performance of their duties at least annually. Records of performance evaluations shall be maintained in the educator's files and made available to the Department upon request.'

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.'

Category 4 is the one that reshapes a family home: the age threshold is FIFTEEN, and it captures residents, not workers — the provider's own teenagers, a lodger, an adult child home from university, an elderly parent living in the house. Because a family child care home IS the residence, every household member aged fifteen or over is inside the regime. The statute is even more precise about timing for residents, at 71-3-507(a)(2)(B): if the person 'is a resident of a childcare agency, the person must have the fingerprint-based background review... completed PRIOR TO THE GRANTING OF A LICENSE to the childcare agency in which the person resides at the time of initial application; or (ii) If the person is to BECOME a resident of the childcare agency, the person must have the reviews... completed prior to the person's becoming a resident.' In other words: someone moving into a licensed family child care home must be cleared BEFORE moving in. THE TWO RECURRENCE CLOCKS. Rule .07(1)(b): 'New background checks are required when the staff member has been separated from employment from a child care provider within the state for a period of more than 180 consecutive days.'

Rule .07(1)(c): 'Background checks are required for all staff at least every five (5) years.' The 180-day rule is the one that catches seasonal and returning staff: a person who left Tennessee child care in March and returns in October is a new check, even though the five-year clock has barely moved. WHAT THE CHECK ACTUALLY CONSISTS OF, FROM THE STATUTE. T.C.A. 71-3-507(a)(2)(A): covered persons 'shall also supply a fingerprint sample in a manner prescribed by the department and by the TENNESSEE BUREAU OF INVESTIGATION (TBI), and shall submit to a fingerprint-based background review of criminal history records, and juvenile records that are available to the TBI, to be conducted by the TBI, and shall submit to a review of the person's status on the DEPARTMENT OF HEALTH'S VULNERABLE PERSONS REGISTRY under title 68, chapter 11, part 10, and on the STATE SEX OFFENDER REGISTRY, and, pursuant to Section 71-3-515, a review of the person's status in the DEPARTMENT OF CHILDREN'S SERVICES and the DEPARTMENT OF HUMAN SERVICES RECORDS OF INDICATED PERPETRATORS of abuse or neglect of children or adults, as well as EQUIVALENT ADMINISTRATIVE REGISTRIES IN ANY JURISDICTION IN WHICH THE PERSON HAS RESIDED IN THE PAST FIVE (5) YEARS and a review of any available JUVENILE RECORDS IN JUVENILE COURT.'

The federal reach is described at 71-3-507(b)(2): 'The TBI shall compare the information and the fingerprint sample received with the computer criminal history files maintained by the bureau and, TO THE EXTENT PERMITTED BY FEDERAL LAW, WITH FEDERAL CRIMINAL DATABASES and shall conduct the fingerprint and criminal history background check for the person pursuant to Section 38-6-109.' NOTE PRECISELY WHAT THIS DOES AND DOES NOT SAY: the statute names the TBI as the operator and describes the federal component as a comparison against federal criminal databases through Section 38-6-109. It does not use the letters 'FBI'. Descriptions of Tennessee's regime as a 'TBI/FBI fingerprint check' are a reasonable shorthand for the national component but are not the statute's words, and this entry does not put those letters in the state's mouth. SIX CATEGORIES OF DISCLOSURE, ON A DEPARTMENT-APPROVED FORM. 71-3-507(a)(3): 'The disclosure forms shall include at a minimum the following information: (A) The social security number of the applicant, substitute or resident; (B) The complete name...; (C) Disclosure of information relative to any violations of the law, including PENDING criminal or juvenile charges of any kind, and any conviction or juvenile adjudication involving a sentence or suspended or reduced sentence, and a release by the person of all records...; (D) A space for the person to state any circumstances that should be considered...; and (E) A LISTING OF THE RESIDENCES OF THE APPLICANT, SUBSTITUTE, OR RESIDENT FOR THE PAST FIVE (5) YEARS.'

That last item is what drives the out-of-state registry checks. 71-3-507(a)(4) warns on the face of the form 'that falsification of required information may subject the person to criminal prosecution', and 71-3-507(b)(4): 'The department shall notify in writing the appropriate district attorney general of any falsification of the information on the disclosure form.' 71-3-507(a)(5): 'A copy of the disclosure form shall be maintained in the childcare agency's records for review by the department'. 71-3-507(a)(6): 'The child care agency, substitute pool, or staffing agency shall notify the department within thirty (30) days of an employee leaving employment.' THE CLEARANCE LETTER — AND THE PRECISE SCOPE OF THE PROHIBITION. Rule .07(2)(c): 'No person shall be employed with, be a licensee or operator of, provide substitute services to, or have UNSUPERVISED contact with children in a child care agency prior to the completion of the criminal history review, as documented by either: 1. A Final Clearance Letter; or 2. A Conditional Letter allowing the applicant to work under supervision of another fully cleared applicant, until all of the results from other state(s) have been issued.'

READ THAT CAREFULLY — the rule bars employment, licensure, substitute service and UNSUPERVISED contact; it does not, in terms, bar all contact. That is precisely the gap the Conditional Letter fills: it lets a person whose out-of-state results are still outstanding work under the supervision of a fully cleared person. (A summary that says 'no contact with children before clearance' overstates this rule; what the chapter bars before clearance is unsupervised contact, and what it bars absolutely is being employed, being the licensee/operator, or providing substitute services.) The staff file must hold the outcome — .08(3)(c)11: 'Verification of criminal and juvenile background check results, the vulnerable person's and sex offender registries results, and the results of a review of the protective services records of the Departments of Children's and Human Services' — and 71-3-507(b)(3): 'The childcare agency shall document in its records the clearance or exclusion letter'. WHO PAYS — THE ANSWER IS 'THE DEPARTMENT, ONCE A YEAR, PER PERSON, PER AGENCY'. Rule .07(2)(a): 'The Department will pay for the costs of performing ONE BACKGROUND CHECK PER PERSON PER CHILD CARE AGENCY PER YEAR.'

Rule .07(2)(b) then lists the three occasions on which the agency pays instead: '1. The fingerprint sample is rejected and the fingerprint sample must be resubmitted; 2. The child care agency submits a second fingerprint sample for an individual more than one (1) time within a thirty (30) day period; or 3. The child care agency submits a fingerprint sample for a person who is not a resident or a person who has been selected by the child care agency, substitute pool, or staffing agency to fill a position as an employee, or substitute who will work directly with children.' The statute says the same at 71-3-507(b)(5): '(A) The department shall pay to the TBI or state contractors providing fingerprinting services the cost of obtaining, handling, and processing the criminal history background fingerprint check... (B) The department shall only be responsible for payment of ONE (1) PROCESSING FEE that is required by the TBI. If the fingerprint sample is rejected and if any further costs are required to process the fingerprint, the child care agency is responsible for any further costs, regardless of the number of efforts required to obtain a valid fingerprint sample.'

NO DOLLAR FIGURE IS FIXED IN EITHER TEXT — the amount is the TBI's cost under T.C.A. Sections 38-6-103 and 38-6-109, and this entry does not publish a number it did not read. THE DISQUALIFICATION LIST — AND IT COVERS CHARGES, NOT ONLY CONVICTIONS. Rule .07(3)(a): 'No person shall be employed, be a licensee or operator, or provide substitute services, RESIDE, or have any access to children in a child care agency if the criminal background check identifies an excludable criminal offense for which the person has: 1. Been convicted of, or pled guilty or no contest to (or to a lesser included offense); 2. Been, or currently is, the subject of a juvenile petition or finding that would constitute a criminal offense or lesser included offense if the child were an adult; or 3. BEEN NAMED IN A PENDING WARRANT, INDICTMENT, PRESENTMENT, OR PETITION.' The categories, .07(3)(b): '1. The physical, sexual or emotional abuse or neglect of a child; 2. A crime of violence against a child or any person; 3. Any offense, including a lesser included offense, involving the manufacture, sale, distribution or possession of any drug; or 4. Any offense that presents a threat to the health, safety or welfare of children.'

The rule then prints a fifty-five-item enumerated list at .07(3)(b)5 'including but not limited to' — from 'Aggravated arson (T.C.A. Section 39-14-302)' through 'Assault (Section 39-13-101)', 'Child abuse, child neglect or endangerment (Section 39-15-401)', 'Cruelty to animals (Section 39-14-202)', 'Domestic assault (Section 39-13-111)', 'Drug offenses (felony or misdemeanor, possession, manufacturing, sale, distribution, etc.)', 'Indecent exposure (Section 39-13-511)', 'Reckless endangerment (Section 39-13-103)', 'Stalking (Section 39-17-315)', 'Vehicular assault while intoxicated (Section 39-13-106)' to 'Weapons offenses (unlawful possession, carrying, use, etc.)'. Two features of that list deserve emphasis because they are broader than most states': SIMPLE ASSAULT and MISDEMEANOUR DRUG POSSESSION are both on it, and the list is expressly non-exhaustive. REGISTRY EXCLUSIONS, SEPARATE FROM CRIMINAL HISTORY. Rule .07(4)(a): 'No person shall be employed, be a licensee or operator, provide substitute services, reside, or have any access to children in a child care agency if the results of the state registry review identify the person as being: 1. Listed on the Vulnerable Persons Registry; 2. Listed on the Sexual Offender Registry; or 3. Substantiated in the records of the Department of Children's Services as a perpetrator of abuse or neglect of a child.'

Note again the word RESIDE — a registry hit on a household member closes the home, irrespective of whether that person ever touches a child. DRIVERS ARE HELD TO A SEPARATE, FIVE-YEAR MOTORING TEST. Rule .07(3)(c): no person may drive for an agency if 'currently charged with' or convicted/pled within the last five years of '(i) Vehicular homicide; (ii) Accidents involving death or personal injury; (iii) ACCIDENTS INVOLVING DAMAGE TO A VEHICLE; (iv) Driving under the influence of an intoxicant, drug or drug producing stimulant; or (v) Any felony involving the use of a motor vehicle while under the use of any intoxicant.' Item (iii) is startlingly wide and is quoted exactly as printed. Driver files must hold, per .08(3)(d), a copy of the licence with endorsements, verification of a valid licence and driver history check, an ANNUAL physical exam, 'Verification of a clear drug screen prior to assuming driving duties', and CPR and First Aid certification. THE WAIVER ROUTE, AND THE FOUR THINGS THAT CAN NEVER BE WAIVED. Rule .07(5): an excluded person 'has the option of requesting a waiver from the exclusion.

The request for a waiver shall be sent to the Department's Director of Field Operations for Adult and Child Care Licensing.' (a) the request must state 'any extenuating or mitigating circumstances'; (b) 'Requests for waivers shall be reviewed by an advisory committee. A waiver will be granted only if the person can show that extenuating circumstances exist that clearly justify granting a waiver... The Director has full discretion over the final decision'; (c) appeal 'in writing to the Department by filing a written request for an appeal with the Department's Division of Appeals and Hearings WITHIN TEN (10) DAYS of the date of notice of the denial', with a contested case under the Uniform Administrative Procedures Act, title 4 chapter 5 part 3. And (d), the non-waivable list: '1. Appearing on a state sex offender registry or repository or the National Sex Offender Registry; 2. Felony convictions of murder; child abuse or neglect; a crime against children, including child pornography; spousal abuse; a crime involving rape or sexual assault; kidnapping; arson; physical assault or battery; 3. A drug-related offense committed during the preceding 5 years; or 4. A violent misdemeanor committed as an adult against a child, including: child abuse, child endangerment, sexual assault, or a misdemeanor involving child pornography.'

That list is the federal CCDBG floor, transposed. ONE PRACTICAL CONSEQUENCE FOR HOMES. Because the rule reaches RESIDENTS aged fifteen and over, and because a family child care home is by definition operated in a residence, the background regime is the most common single reason a Tennessee family home application stalls. Every person in the house who will turn fifteen during the licence period becomes a new submission; every new housemate must clear BEFORE moving in (71-3-507(a)(2)(B)(ii)); and a pending charge — not a conviction — against any of them is enough to trigger exclusion under .07(3)(a)3.

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 programme meets one of eleven listed categories.
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 Department in fact sequences the work, and skipping it means no Program Specialist, hence no measuring visit.
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 effective date of these rules.' DHS's procedure page, Step 3: 'Prospective Providers will create an account in the Elicensing System and will register for Orientation.'
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 (.19(2)).
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 WITH THE TENNESSEE SECRETARY OF STATE DIVISION OF BUSINESS AND CHARITABLE ORGANIZATIONS.' THE FEE IS FIXED, AND IT IS NOT IN CHAPTER 1240-04-01 — it is in the companion chapter, 1240-04-05-.03(14) 'Application Fees': '(a) Family child care homes: $100.00; (b) Group child care homes: $125.00; (c) Child care centers (Less than 100 children): $200.00; (d) Child care centers (More than 100 children): $400.00; (e) Child care centers (More than 250 children): $500.00; (f) Drop-in centers: $200.00.' Rule 1240-04-05-.03(4) makes it a condition of the application: 'Application for an initial license... shall be made in writing to the Department in such manner as the Department determines and shall be accompanied by the appropriate fee set forth in the fee schedule in paragraph (14).' DHS's procedure page places the payment request late, at Step 8: 'After all inspections and clearance letters have been received, the Program Specialist will request the fee and will provide options and specifics on how to submit payment.'
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 demonstrates adequate funding for both preliminary and ongoing costs associated with staffing, equipment and safe operation.' INSURANCE, rule .05(4)(a)1, for FAMILY AND GROUP CHILD CARE HOMES specifically: general liability 'in a minimum amount of: (i) Three Hundred Thousand Dollars ($300,000) per occurrence; and (ii) Three Hundred Thousand Dollars ($300,000) general aggregate coverage' (centres and drop-in centres: $500,000/$500,000). Plus .05(4)(a)3 medical payment coverage of '$5,000'; .05(4)(a)4(i)(I) auto liability for family and group homes that transport, '$300,000, combined single limit of liability', with $5,000 medical payment for transported children; and .05(4)(a)5 sexual abuse and molestation coverage 'in the minimum amount of one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in the aggregate. This coverage can be obtained as an individual policy or as part of broader coverage such as through a general liability or homeowner's policy.' AND THE TRAP, .05(4)(b): 'A STANDARD HOMEOWNER'S POLICY IS NOT SUFFICIENT to provide the coverage requirements for a child care facility outlined in this section.' Proof is documentary, .05(4)(e): 'Documentation shall include the DECLARATIONS PAGE of the insurance policy'.
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 check per person per agency per year (.07(2)(a)). Work may not begin before a Final Clearance Letter, or a Conditional Letter permitting supervised work while other states' results are outstanding (.07(2)(c)).
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 'if' in the published text]. The measuring is what fixes 'licensed capacity' under .02(32), applying the 30-sq-ft-per-child indoor rule (.20(2)(c) for family homes above seven or in one room; .21(5)(a) for all group homes, with restrooms, hallways, kitchen, office space and crib/large-furniture footprints excluded) and the 50-sq-ft outdoor rule with a four-foot fence (.16(9)(a)-(b)).
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 INSPECTION AUTHORITY. Notwithstanding another law to the contrary, fire safety inspections for a child care agency seeking an initial license or license renewal must be conducted EXCLUSIVELY by the state fire marshal or its designated agents. A LOCAL FIRE MARSHAL, FIRE DEPARTMENT, OR MUNICIPAL CODE ENFORCEMENT OFFICE SHALL NOT CONDUCT SEPARATE OR ADDITIONAL FIRE SAFETY INSPECTIONS for purposes of child care agency licensure.' Section 3(c)(2) requires 'a single, consolidated fire safety inspection report'. Section 3(c)(4): 'Inspection timing. Fire safety inspections required for licensure must be SCHEDULED AND COMPLETED WITHIN THIRTY (30) CALENDAR DAYS of request by the department or the applicant, whichever is earlier'. Section 3(c)(5): the state fire marshal 'may charge a reasonable fee for fire safety inspections not to exceed the actual cost... and must be THE ONLY FIRE SAFETY INSPECTION FEE required for child care agency licensure purposes.' Section 3(c)(7): 'The state fire marshal shall publish on its webpage a binding, standardized checklist for child care agencies.'
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 enforcement teeth: 'If the local government fails to issue a final decision within the ninety-day period and no extension has been granted, then the PERMIT APPLICATION IS DEEMED APPROVED, subject to successful completion of a required fire safety inspection under subsection (c).' For a home provider specifically, Section 3(d)(1)(B) makes child care 'permitted... In residential zoning districts for home-based child care', and Section 3(d)(4): 'A child care agency is not required to obtain a zoning variance if: (A) The agency complies with the department's licensing standards; and (B) The use does not materially expand the building footprint.' Section 3(d)(3): 'A local government shall not impose conditions on a child care agency that are more restrictive than those imposed on other similar commercial or office uses in the same zone.' Conditional use permits get sixty days (Section 3(d)(6)). Local governments retain generally applicable building codes (Section 3(c)(6)) and may still impose reasonable conditions on 'Traffic and parking impacts; Hours of operation; Outdoor play area safety and screening; and Building safety and fire protection measures not inconsistent with state requirements' (Section 3(d)(2)).
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 the Department's inspection upon a showing of probable cause'.
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 provisional licensure period, including RECEIPT OF FOUR (4) IN-PERSON MONITORING VISITS SATISFACTORY TO THE DEPARTMENT as demonstrating sustainable child care operations; and 2. Compliance with all laws and licensing regulations governing the specific classification of child care agency.' DHS's procedure page describes two walk-through visits BEFORE the provisional licence issues (Steps 9 and 10: 'The Program Specialist will conduct the first walk-through visit'; 'The Program Specialist and a LC and FS will conduct the second walk-through visit. A recommendation for a Provisional License will be submitted by the Program Specialist and approved by a Program Manager...'), then: 'Note: The agency will be granted a Provisional License and monitoring visits will begin.'
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 least one staff member who has current certification' on-site at all times, and the certification 'applicable to the ages present in the classroom: (i) Infant/Child... and/or (ii) Adult... if children over age twelve (12) are present.'
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 MEALTIME SUPERVISION PLAN addressing 'Room arrangement...; Individual staff duties...; Individual children's needs, including high risk behaviors; and Interruptions and emergencies' (.11(3)(c)), posted 'in each area where food is served' (.11(3)(e)); a PLAYGROUND SUPERVISION PLAN (.11(4)(b)); a WRITTEN EXPULSION POLICY that is 'Clearly articulated to staff and parents; Developmentally appropriate and consistent; and Non-discriminatory in practice and impact' (.05(13)); and written staff policy 'that includes job functions, qualifications, lines of authority, staff performance evaluations, and disciplinary process' (.06(1)(a)4).
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 violation... in an amount ranging from Fifty Dollars ($50.00) for minor violations up to a maximum of One Thousand Dollars ($1,000.00) for major violations', with named bands including '$750.00 up to $1,000.00' for the gravest categories, '$500.00 up to $700.00' where a violation results in injury to a child, and a repeat ladder of '$200.00 for the first violation, $300.00 for the second violation, and $400.00 for the third and any subsequent such' violation. Penalties 'become final ten (10) days' after the order absent appeal (1240-04-05-.03/.04). A restricted licence is available to the Department at issuance or later (.04(1)(f); .02(42)), and, per 1240-04-05-.03, if the licensee 'dies or is incapacitated' the Department 'may grant family members of the licensee, or administrators or executors of the licensee, a new provisional license to continue operation for a period of one hundred and twenty (120) days.'

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 consent of parents/guardians regarding emergency medical care; and (ix) The name and address (home and business or school) and current phone number of an emergency contact.' For a school-age child, .08(2)(g)1 adds 'the name, address, and phone number of the school the child attends.'
• 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' (.11(5)(e)3).
• 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, .08(2)(e)3: 'a statement from the parent or school that the child's immunizations are current and that his or her health record is on file at the specified school'.
• 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 work start date; 5. Documentation that staff have been screened and/or tested for all communicable diseases as required by the Department of Health prior to having contact with children; 6. Written employment history verified in a written statement that employment history has been checked prior to employment; 7. Documentation of annual performance reviews including personnel and corrective actions; 8. Date of employment and date of separation, as applicable...; 9. Daily attendance (including time in/out); 10. Signed and completed CRIMINAL HISTORY DISCLOSURE FORM; and 11. Verification of criminal and juvenile background check results, the vulnerable person's and sex offender registries results, and the results of a review of the protective services records of the Departments of Children's and Human Services.' Staff records are kept 'for at least one (1) year following the separation of the staff from the child care agency' (.08(3)(b)). (DHS's archived forms page listed the disclosure form as 'Child Care Criminal/Juvenile History & State Registry Review Disclosure Form', file hs-2779, and a 'Criminal Background Check Transfer' form hs-3299 — see verify_flag.)
• 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 AGE NINE (9), shall have required records on file before care is provided.'

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.

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.

Source: PRIMARY, AND THE ONLY THING TO RE-CHECK FIRST NEXT TIME: the Secretary of State's chapter index at https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04.htm — read the INDEX, not a remembered file name, because the file name carries the revision date and it changes silently. As of 2026-08-25 it serves: 1240-04-01.20260208.pdf. RULES. Tenn. Comp. R. & Regs., Rules of the Tennessee Department of Human Services, Division of Child Care and Community Services, CHAPTER 1240-04-01, 'Licensure Rules for Child Care Agencies', FEBRUARY 2026 (REVISED) — https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04-01.20260208.pdf .

Sections relied on: .01(1)-(2) scope; .02 definitions (esp. (9) child care, (10) child care agency, (12) center, (21) drop-in, (22) educator, (23) family child care home, (26) group child care home, (29) infant, (32) licensed capacity, (37) practicum student, (38) pre-school child, (39) primary educator, (40) provisional license, (41) related, (44) school-age, (52) student assistant, (56) eLicensing, (57) TNPAL, (58) toddler, (59) unsupervised contact, (60) volunteer); .03(1)-(4) licensure requirements and provider portal; .04(1)(a)-(g) procedures, provisional-to-continuous, four monitoring visits, non-transferability, Secretary of State filings; .05(1) program description, .05(2) budget, .05(4) insurance minimums, .05(5)(a) six-week floor, .05(10) critical-violation notice, .05(12) postings, .05(13) expulsion policy; .06 STAFF in full (amendments filed November 10, 2025, EFFECTIVE FEBRUARY 8, 2026) — .06(1) responsibility and annual evaluation, .06(2)(a) parent notice for homes and .06(2)(d) Director 50% on-site, .06(3)(d)-(h) capability and orientation, .06(4) substitutes and practicum students, .06(5)(a) volunteers, .06(6)(a) pre-service chart, .06(6)(b) provisional 120-day chart, .06(6)(c) annual hour tables and CCDBG clarifications; .07 background checks and registry reviews in full; .08 record keeping in full; .11(3) mealtime supervision, .11(4) playground plan, .11(5) release and sign-in, .11(6) field trips, .11(7) water; .12(9)-(10) first aid and CPR; .13(5)(e)-(g) food allergies and menu; .16(9) outdoor play area; .18 emergency preparedness; .19 TNPAL; .20 SPECIFIC REQUIREMENTS FOR FAMILY CHILD CARE HOMES; .21 SPECIFIC REQUIREMENTS FOR GROUP CHILD CARE HOMES.

COMPANION RULE CHAPTERS. CHAPTER 1240-04-05, 'Procedures Affecting Licenses of Child Care Agencies', November 2025 (Revised) — https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04-05.20251120.pdf — relied on for .01 scope and conflict rule, .03(4) application and fee, .03(5) provisional licence and the fire/environmental precondition, .03(14) APPLICATION FEES ($100 family home / $125 group home), .04(1) unannounced inspection and ex parte entry, .04(3) civil penalty schedule. CHAPTER 1240-04-07, 'Quality Rating and Improvement System for Child Care Agencies', November 2025 (Revised) — https://publications.tnsosfiles.com/rules/1240/1240-04/1240-04-07.20251120.pdf — .01(1)-(3) purpose and four annual evaluations, .02 definitions, .03(1)-(3) scoring. (Chapters 1240-04-02, -03, -04 and -06 are listed as REPEALED on the index and must not be cited.) SESSION LAW. PUBLIC CHAPTER NO. 980, Senate Bill No. 2509 (114th General Assembly), 'Tennessee Child Care Red Tape Reduction Act', passed April 21, 2026, approved by Governor Bill Lee, effective July 1, 2026 for all purposes other than rulemaking — https://publications.tnsosfiles.com/acts/114/pub/pc0980.pdf .

Amends T.C.A. Title 13, Chapter 7 and Title 71, Chapter 3; adds a definition of 'fire safety inspection' to Section 71-3-501 and a new section to Title 71, Chapter 3, Part 5. STATUTE. Tennessee Code Annotated, Title 71, Chapter 3, Part 5 (Child Care Agencies): Section 71-3-501 (part definitions), Section 71-3-503 (programs and facilities exempt from licensing), Section 71-3-507 (criminal background checks, fingerprinting, registry reviews, waivers and fees). Read on the FindLaw reproduction stamped 'Current as of January 02, 2024', via Internet Archive captures 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/ and http://web.archive.org/web/20250122122854/.../tn-code-sect-71-3-507/ , because law.justia.com, codes.findlaw.com and lawserver.com all refuse requests from this environment (Sucuri returned the explicit reason: 'Block reason: Access from your Country was disabled by the administrator'). AGENCY MATERIAL, USED ONLY FOR PROCESS AND LABELLED AS SUCH.

TDHS, 'Procedures for Becoming a Licensed Child Care Agency' (ten steps, Pre-Licensure Unit contact details) — Internet Archive capture dated 2026-02-28 of https://www.tn.gov/humanservices/for-families/child-care-services/how-to-become-a-licensed-child-care-provider/procedures-for-becoming-a-licensed-child-care-agency.html . TDHS, 'Summary of Licensing Requirements for Child Care Agencies', footer 'Revised September 2022' — Internet Archive capture dated 2026-07-21 of https://www.tn.gov/content/dam/tn/human-services/documents/English.Summary%20of%20Licensing%20Requirements.pdf (STALE: still carries the pre-February-2026 'unsupervised contact' wording). TDHS, 'Commonly Requested Child Care Licensing Forms' — Internet Archive capture dated 2023-03-25 (form numbers only; treated as unverified for currency). TDHS public landing page, not reachable from this environment: https://www.tn.gov/humanservices/for-families/child-care-services/child-care-licensure.html . CROSS-CHECK. Cornell Legal Information Institute, Tenn. Comp. R. & Regs. 1240-04-01-.20, https://www.law.cornell.edu/regulations/tennessee/Tenn-Comp-R-Regs-1240-04-01-.20 — its text of .20(1)(c)1 and .20(2)(c) matches the February 2026 chapter word for word, and its displayed history stops at 'Amendments filed March 31, 2022; effective 6/29/2022', which is consistent with rule .20 itself not having been amended since 2022 (the February 2026 filing touched only rule .06). VERIFIED ON 2026-08-25.

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