Comprehensive Child Care Bill

FOR IMMEDIATE RELEASE                                 FURTHER INFORMATION:
February 2, 2000                                                                                                               Patricia Harris-Morehead at (615) 313-4707 or
                                                                                                                                            Ed Lake at (615) 313-4710

SUNDQUIST ADMINISTRATION FILES STATE'S
COMPREHENSIVE CHILD CARE BILL

Criminal background checks and civil penalties or fines for serious violations are included.

NASHVILLE— Today, the Sundquist Administration filed legislation aimed at improving the quality of care at licensed child care facilities in the state and ensuring the health and safety of young children. The 128-page bill offers a comprehensive overhaul of the state's child care law.

"After the unfortunate tragedies that captured the public's attention last summer, and the other serious incidents that seem to be occurring much too often at some of our child care centers, I am hopeful the General Assembly will be receptive and supportive of this bill," Governor Don Sundquist said.

The Tennessee Department of Human Services (DHS) is the licensing agency for most child care facilities in this state. DHS issues child care licenses for Family Child Care Homes (5 to 7 children), Group Child Care Homes (8 to12 children), and Child Care Centers (13 or more children).

"We have developed comprehensive revisions that we believe are desperately needed to help us improve the quality of care. Our children deserve safe, healthy, and high-quality child care," state Human Services Commissioner Natasha Metcalf said.

Proposed changes include:

Mandatory criminal background checks for new employees, certain volunteers, and residents of DHS licensed child care agencies using a new criminal disclosure form and TBI fingerprint check. DHS will pay for the TBI fingerprint checks. The child care providers or applicants will pay for the fingerprint sample to be submitted to TBI.

·Civil penalties of up to $1,000 for serious violations.

·Partial revocation, suspension or denial of licenses to be used by DHS when warranted (For example, a serious transportation violation could result in suspending that portion of a center's operation instead of the entire facility.)

Streamlined probationary process with definite probationary periods followed by due process hearing.

DHS will have the authority to limit the overall number of children in a facility irrespective of a building's square footage.

·Increase in child care licensing fees. The current fees ranging from $5 to $25 have not increased since 1986. Funds generated by the increase will be earmarked for improving child care quality. The new annual fees for a Family Child Care Home--$100; Group Child Care Home--$125; Child Care Center with less than 100 children--$200; Child Care Center with more than 100 children--$400; and Child Care Center with more than 250 children--$500.

Temporary and multi-year licenses.

The prohibition on transferring child care businesses to other individuals or entities to circumvent licensing violations is strengthened.

Licensing information that must be available to parents and the public is expanded and must continue to be posted in a clearly visible place within the facility to ensure parents know who is in charge, and how to contact the management or board of directors about questions or concerns.

In addition, a provision is added that requires child care agencies to allow parents to visit facilities at any time to observe the children's care and inspect any licensing records that are not confidential by law. Criminal penalties can be levied for refusing parents' access or requests.

Other proposed changes:

Require a longer waiting period before a provider can re-apply for a license that has been denied or revoked.
·Provide for a shorter time period before license revocations are effective (from 90 to 30 days) and before hearings on denials are heard (from 60 to 30 days).
·Permit the Child Care Board of Review to hear cases by panels of the Board to increase the ability to more quickly review licensing actions (similar to Board of Medical Examiners process).
Clarify and/or add licensing responsibilities for the Departments of Education and Children's Services that is currently in contradictory language in some sections of state law.
While amendments have been added to update the child care law over the years, the current law has not had such a comprehensive and significant revision since 1953.
After the tragedies this past summer and the other serious violations, DHS child care staff contacted a number of other states and experts in the industry for their perspectives on improving the quality of child care.
A Child Care Standards Advisory Committee, appointed last spring, also has recently made a number of important recommendations that the department is reviewing. The committee's recommendations must go through state government's rulemaking process before the new rules, which include changes in adult /child ratios, can go into effect.
This bill and the proposed new child care standards will be presented to the Governor's Committee on Child Care later this week.

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