Present law requires the department of human services ("department") to regulate certain programs and services for children through child care agencies. The department generally requires a child care agency to obtain a license but several are exempt. DROP-IN CENTERS Present law provides that a drop-in center generally means a place or facility operated to provide child care to 15 or more children at once, but each child may only stay for a short period of time, generally during regular working hours, not to exceed 18 hours per week or nine hours per day for an individual child. Drop-in centers that provide child care for no more than two hours per day with a maximum of 10 hours per week without compensation, while the parent or other custodian is engaged in short-term activities on the premises, must register as providing casual care, and must not be deemed to be a drop-in center or regulated as a drop-in center. This bill removes the requirement that child care agencies that offer care for only certain hours register as casual care. CHILD CARE AGENCIES EXEMPT FROM LICENSING Present law requires the department to exempt a program or activity that falls within the definition of a child care agency upon demonstration of clear and convincing evidence that it meets the requirements of an exempt program or category. This bill makes the following changes to existing program or category exemptions: Educational Programs Present law exempts educational programs if the child care agency meets the following criteria: (i) the sole or primary purpose of the program is either to prepare children for advancement to the next educational level through a prescribed course of study or curriculum that is not typically available in a department-regulated child care setting; to provide specialized tutoring services; or to provide education-only services to special needs children; and (ii) the educational activity is reasonably age appropriate for the ages served. This bill requires that the children served be five and older, or four and enrolled in a school-based pre-K program. Agencies that offer education-only services to special needs children no longer qualify under this exemption. This bill also adds that the program must not operate longer than three hours per day and not exceed 15 hours per week unless the children are accompanied by the children's parents or other custodians. Recreational Programs Present law exempts recreational programs when a child care agency meets certain criteria, including that the sole or primary purpose of the program or activity is to provide recreational services. Organized sports or crafts activities are examples of such activities. This bill adds to the list of activities martial arts and music. This bill also requires the program only provide recreational services to children four and older if unaccompanied by the children's parents or other custodians of the children but may also provide recreational services to children under four if the children's parents or other custodians remain on-site. Camp Programs Present law exempts camp programs that meet certain criteria, including that the program or activity operates exclusively during the summer months and less than 90 days in any calendar year. This bill adds that a camp program may alternatively operate exclusively during breaks that align with the school calendar of the district within which the program or activity is located. This bill also requires that the children served must be school-aged and the camp programs must be developmentally appropriate for the ages of participating children. Religious Services or Related Activities Present law exempts nurseries, babysitting services, and other children's activities that are not ordinarily operated on a daily basis but are associated with religious services or related activities of churches or other houses of worship. Such services or activities may include limited special events that must not exceed 14 days in any calendar year. This bill adds that the parents or other custodians of the children being served must remain on-site. NEW CHILD CARE AGENCY EXEMPTIONS This bill creates and exempts the following additional programs or categories: "Parents' Night Out" or Similar "Special Event" Programs This bill exempts "parents' night out" or similar "special event" programs if the entity or organization only offers programs to provide care on an occasional or infrequent basis, not to exceed 14 days per year. However, if such a program is provided by a child care agency that is licensed by the department, the agency must first notify the department and receive written approval prior to providing such care, and the program must not be operated during licensed operating hours. "Gym Care" Programs This bill exempts "gym care" programs that meet all of the following criteria:  The care may only take place on-site at a gym or recreation center where adults can exercise while the care is being provided on-site.  Children can be in care no longer than two hours a day with a maximum care time limit of 10 hours per week.  A parent must be engaged in activities on-site and must be available in case of emergency. "Tennessee Professional Sporting Event Care" Programs This bill exempts "Tennessee professional sporting event care" programs if the care is provided on-site and is available only for children of players and coaches of the home team during home games and includes adequate supervision based on the number, ages, and abilities of participating children. NOTICE REQUIREMENTS Signage Present law requires private or parochial kindergartens, "parents' day out," or similar programs, "casual care" operations to post a sign stating, "This facility is not required to be licensed by the state as a child care agency." This bill removes the requirement for private or parochial kindergartens to post such signage. However, all of the following programs or categories must post such signage, including "parents' day out" and "casual care" as presently required: "parents' day out" programs, "casual care" operations, educational programs, recreational programs, camp programs, "gym Care" programs, and "Tennessee Professional Sporting Event Care" programs. Signature Present law requires, when a parent, custodian or guardian initially registers a child with one of these exempt programs, that the parent, custodian, or guardian sign a form indicating that the person has been advised and understands that the program is not licensed and is not required to be licensed by the state as a child care agency. The same language that is required to be placed on the sign must be printed on such form in at least 16-point type with the signature line immediately following such language. This bill requires all of the above listed programs to obtain the parent, custodian, or guardian's signature indicating that such person has been advised and understands that the program is not licensed and is not required to be licensed by the state as a child care agency. However, this bill removes the requirement that the specific signage language be on the form. EXEMPTION APPROVAL PROCESS Present law authorizes a child care agency claiming an exemption to submit to the department's licensing director, or designee, a sworn, written request for exemption in such manner and form as the department may require. The request must provide a detailed description of the operation of the program or activity, the program's or activity's purpose and the applicant's basis for claiming an exemption. The department must provide a written response to the exemption request stating the reasons the exemption was granted or denied. This bill requires only the following listed programs to register intent to operate as an exempt program or activity with the department for such approval or denial: "parents' day out" programs, "casual care" operations, educational programs, recreational programs, camp programs, "gym Care" programs, and "Tennessee Professional Sporting Event Care" programs Present law provides that if a program does not fit into any exemption category by clear and convincing evidence, the department must consider the following nonexclusive criteria to determine if the program or activity is clearly distinguishable from child care services typically regulated by the department and otherwise qualifies for exemption from licensing:  The sole or primary purpose of the program or activity is to provide specialized opportunities for the child's educational, social, cultural, religious or athletic development, or to provide the child with mental or physical health services.  The time period in which the program or activity provides these opportunities is consistent with a reasonable time period for the completion of the program or activity, considering the age of each child served and the nature of the program.  The primary purpose of the program or activity is not routinely available or could not be made routinely available in the typical child care settings regulated by the department.  Parents could reasonably be expected to choose the program or activity because of the unique nature of what it offers, rather than as a substitute for full-time, before or after school, holiday or weather-related child care.  If the program or activity is regulated by any other federal, state, or local agency, it is required by such other agency to comply with standards that substantially meet or exceed department licensing regulations. This bill removes these provisions. EXEMPTION REVOCATION This bill provides that when a program that was determined to be exempt under one of the categories later fails to comply with any of the criteria required under the applicable category of exempt care, it is no longer to be considered exempt and, therefore, is subject to the department's licensing requirements.

Statutes affected:
Introduced: 71-3-501(8), 71-3-501, 71-3-503