Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0106 Compare Versions

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1		-	~ ~-;:~:;:;. , \l@l:
2		-	$tate of utennessee
3		-	PUBLIC CHAPTER NO. 135
4		-	HOUSE BILL NO. 106
5		-	By Representatives Lamberth, Cochran, Hale, Sherrell, Davis, Wright, Hardaway
6		-	Substituted for: Senate Bill No. 1288
7		-	By Senators Johnson, Haile, Massey, Oliver
8		-	AN ACT to amend Tennessee Code Annotated, Title 4 and Title 71, Chapter 3, Part 5,
9		-	relative to exemptions from child care licensing.
	1	+
	2	+	SENATE BILL 1288
	3	+	By Johnson
	4	+
	5	+	HOUSE BILL 106
	6	+	By Lamberth
	7	+
	8	+
	9	+	HB0106
	10	+	000551
	11	+	- 1 -
	12	+
	13	+	AN ACT to amend Tennessee Code Annotated, Title 4 and
	14	+	Title 71, Chapter 3, Part 5, relative to exemptions
	15	+	from child care licensing.
	16	+
10	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
11	18		SECTION 1. Tennessee Code Annotated, Section 71-3-501(8), is amended by deleting
12	19		the subdivision and substituting:
13	20		(8) "Drop-in center" means a place or facility operated by any person or entity
14	21		providing child care, at the same time, for fifteen (15) or more children, who are not
15	22		related to the primary caregiver, for short periods of time, not to exceed eighteen (18)
16	23		hours per week and for not more than nine (9) hours per day for an individual child
17	24		during regular working hours, Monday through Friday six o'clock a.m. (6:00 a.m.) to six
18	25		o'clock p.m. (6:00 p.m.); provided, however, that a drop-in center may provide such child
19	26		care during evenings after six o'clock p.m. (6:00 p.m.) and weekends, Friday, six o'clock
20	27		p.m. (6:00 p.m.) through Sunday, ten o'clock p.m. (10:00 p.m.), so long as the drop-in
21	28		center provides no more than a total of twenty (20) hours per week, exclusive of snow
22	29		days, defined as days when the school of the affected child is closed; provided, further,
23	30		that drop-in centers may provide such care during snow days; provided, however, that,
24	31		notwithstanding any other requirements of this part, training requirements for the staff of
25	32		this class of child care agency are limited to basic health and safety precautions and the
26	33		detection and reporting of child abuse and neglect for children in care;
27	34		SECTION 2. Tennessee Code Annotated, Section 71-3-503, is amended by deleting the
28	35		section and substituting instead:
29		-	(a) A home school, as defined in § 49-6-3050; a program operated by a church
30		-	related school, as defined in § 49-50-801, for students whose parents are associated,
31		-	registered, or participating as a parent-teacher with the church-related school for
32		-	purposes of§ 49-6-3050(a)(2) or (a)(3); or any educational or tutorial program designed
33		-	to support or enhance the education of home school students, is not subject to licensure
34		-	and does not require an exemption from licensing to operate lawfully.
35		-	(b) A program, such as an after-school care program, that does not provide child
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	39	+
	40	+	(a) A program, such as an after-school care program, that does not provide child
36	41		care for five (5) or more children who are not related to the primary caregiver for three
37		-	(3) or more hours per day is not subject to licensure and does not require an exemption
	42	+	(3) or more hours per day is not subject to licensure, and does not require an exemption
38	43		from licensing to operate lawfully. A program or activity that falls within the definition of a
39	44		child care agency is exempt from the licensing requirements of this part upon
40	45		demonstration by clear and convincing evidence that the program or activity meets one
41	46		(1) of the following categories of exempt care:
42	47		(1) A person or entity licensed or otherwise regulated by other agencies
43	48		of the state or federal government providing health, psychiatric, or psychological
44	49		care or treatment or mental health care or counseling for children while the
45	50		person or entity is engaged in such licensed or regulated activity;
46		-	(2) Preschool or school-age child care programs, a Title I program, a
	51	+	(2) Preschool or school age child care programs, a Title I program, a
47	52		school-administered head start or an even start program, and all state-approved
48		-	Montessori school programs that are subject to regulation by the department of
49		-	education or other department of state government; ~~HB106~~
50		-	(3) Private or parochial kindergartens for children ~~five (5) years of age~~ if
51		-	~~such~~ kindergartens operate on the public school kindergarten schedule;
	53	+	Montessori school programs, that are subject to regulation by the department of
	54	+	education or other department of state government;
	55	+	(3) Private or parochial kindergartens for five-year-old children if such
	56	+	kindergartens operate on the public school kindergarten schedule;
52	57		(4) Child care centers operated by church-related schools, as defined by
53		-	§ 49-50-801, ~~that~~ are subject to regulation by the department of education
	58	+	§ 49-50-801, which are subject to regulation by the department of education
54	59		pursuant to title 49, chapter 1, part 11;
55	60		(5) Educational programs that meet the following criteria:
56	61		(A) The sole or primary purpose of the program is:
57	62		(i) To prepare children five (5) years of age and older or
58		-	four-year-old children enrolled in a school-based pre-kindergarten
59		-	program for advancement to the next educational level through a
	63	+	four-year-old children enrolled in a school-based pre-K program
	64	+	for advancement to the next educational level through a
	65	+
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60	69		prescribed course of study or curriculum that is not typically
61	70		available in a department-regulated child care setting; or
62	71		(ii) To provide specialized tutoring services to assist
63	72		children with the passage of mandatory educational proficiency
64	73		examinations;
65		-	(8) The program time scheduled to be dedicated to the
	74	+	(B) The program time scheduled to be dedicated to the
66	75		educational activity is reasonably age appropriate for the type of activity
67	76		and the ages served;
68	77		(C) The program operates no longer than three (3) hours per day,
69	78		not to exceed fifteen (15) hours per week unless the children are
70	79		accompanied by the children's parents or other custodians;
71	80		(D) The program is registered with the department and has
72	81		received written approval to operate prior to offering the services; and
73		-	(E) The program maintains records that include dates and times of
74		-	each child's attendance and the telephone numbers of persons to contact
75		-	in the event of an emergency, and those records are made available
76		-	during regular business hours to the department;
77		-	(6) "Parents' Day Out" or similar programs that meet the following criteria:
	82	+	(E) The program maintains records that include dates and times
	83	+	of each child's attendance and the telephone numbers of persons to
	84	+	contact in the event of an emergency, and those records are made
	85	+	available during regular business hours to the department;
	86	+	(6) "Parents' Day Out" or similar programs that meet the following
	87	+	criteria:
78	88		(A) The program is operated by a religious institution or religious
79	89		organization that provides custodial care and services for children of less
80	90		than school age;
81		-	(8) The program operates with no child attending more than
	91	+	(B) The program operates with no child attending more than
82	92		twelve (12) hours in each calendar week;
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	96	+
83	97		(C) The program is registered with the department and has
84	98		received written approval to operate prior to offering the services;
85		-	(D) The program maintains records that include dates and times of
86		-	each child's attendance and the telephone numbers of persons to ~~contact~~
87		-	in the event of an emergency, and those records are made ~~available~~
88		-	during regular business hours to the department; and
	99	+	(D) The program maintains records that include dates and times
	100	+	of each child's attendance and the telephone numbers of persons to
	101	+	contact in the event of an emergency, and those records are made
	102	+	available during regular business hours to the department; and
89	103		(E) Each separate location or campus of a religious institution or
90	104		religious organization is considered a separate religious institution or
91	105		religious organization for the purpose of Parents' Day Out or any similar
92	106		program;
93	107		(7) "Parents' Night Out" or similar "Special Event" programs that meet the
94	108		following criteria:
95	109		(A) An entity or organization may offer programs to provide care
96	110		on an occasional or infrequent basis, not to exceed fourteen (14) days per
97	111		year; and
98		-	2 HB106
99	112		(B) If such a program is provided by a child care agency that is
100	113		licensed by the department, the agency must first notify the department
101	114		and receive written approval prior to providing such care, and the
102	115		program must not be operated during licensed operating hours;
103	116		(8) Recreational programs that meet the following criteria:
104	117		(A) The sole or primary purpose of the program or activity is to
105		-	provide recreational services, which ~~include~~ martial arts, organized
	118	+	provide recreational services, which includes martial arts, organized
106	119		sports, craft activities, and music activities;
107		-	(B) The recreational activity must be offered for at least seventy
	120	+	(B) The recreational activity must be offered for at least seventy-
108	121		five percent (75%) of the hours of operation;
109		-	(C) The majority of program staff responsible for the direct delivery
110		-	of services must possess specialized qualifications that are directly
111		-	related to the recreational services being offered;
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	125	+
	126	+	(C) The majority of program staff responsible for the direct
	127	+	delivery of services must possess specialized qualifications that are
	128	+	directly related to the recreational services being offered;
112	129		(D) The supervision or care of children, or other types of child
113	130		care-related services, must be incidental to its overall purpose;
114	131		(E) An individual child may not participate in the program or
115	132		activity for more than seven (7) hours per day or for more than seven (7)
116	133		consecutive weeks and for no more than one hundred twenty (120) days
117	134		per calendar year;
118	135		(F) The program only provides recreational services to children
119	136		four (4) years of age and older if unaccompanied by the children's parents
120	137		or other custodians of the children but may also provide recreational
121	138		services to children under four (4) years of age if the children's parents or
122	139		other custodians remain on-site;
123	140		(G) The program is registered with the department and has
124	141		received written approval to operate prior to offering the services; and
125	142		(H) The program shall maintain records that include dates and
126	143		times of each child's attendance and the telephone numbers of persons to
127	144		contact in the event of an emergency, and those records must be made
128	145		available during regular business hours to the department;
129	146		(9) Camp programs that meet the following criteria:
130	147		(A) The primary purpose of the program or activity is to provide
131	148		intensive recreational, religious, outdoor, or other activities that are not
132	149		routinely available in full-time child care to children school-aged and
133	150		older;
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	154	+
134	155		(B)
135	156		(i) The program or activity operates exclusively during the
136	157		summer months and fewer than ninety (90) days in a calendar
137	158		year; or
138	159		(ii) The program or activity operates exclusively during
139	160		breaks that align with the school calendar of the district within
140	161		which the program or activity is located;
141	162		(C) Enrollment periods for participation in the program or activity
142	163		clearly define the duration of the program or activity and exclude drop-in
143	164		child care;
144	165		(D) The camp programs must be developmentally appropriate for
145	166		the ages of participating children;
146		-	3 HB106
147		-	(E) The program, is registered with the department and has
	167	+	(E) The program is registered with the department and has
148	168		received written approval to operate prior to offering the services; and
149		-	(F) The program maintains records that include dates and times of
150		-	each child's attendance and the telephone numbers of persons to ~~contact~~
151		-	in the event of an emergency, and those records are made ~~available~~
152		-	during regular business hours to the department;
	169	+	(F) The program maintains records that include dates and times
	170	+	of each child's attendance and the telephone numbers of persons to
	171	+	contact in the event of an emergency, and those records are made
	172	+	available during regular business hours to the department;
153	173		(10) "Gym Care" programs that meet the following criteria:
154	174		(A) The care may only take place on-site at a gym or recreation
155	175		center where adults can exercise while the care is being provided on-site;
156	176		(B) Children can be in care no longer than two (2) hours a day
157		-	with a maximum care time ~~limit~~ of ~~fourteen~~ (14) hours per week;
	177	+	with a maximum care limit time of ten (10) hours per week;
158	178		(C) A parent must be engaged in activities on-site and must be
159	179		available in case of emergency;
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	183	+
160	184		(D) The program is registered with the department and has
161	185		received written approval to operate prior to offering the services; and
162		-	(E) The program maintains records that include dates and times of
163		-	each child's attendance and the telephone numbers of persons to ~~contact~~
164		-	in the event of an emergency, and those records are made ~~available~~
165		-	during regular business hours to the department;
	186	+	(E) The program maintains records that include dates and times
	187	+	of each child's attendance and the telephone numbers of persons to
	188	+	contact in the event of an emergency, and those records are made
	189	+	available during regular business hours to the department;
166	190		(11) "Tennessee Professional Sporting Event Care" programs that meet
167	191		the following criteria:
168	192		(A) The care is provided on-site and available only for children of
169	193		players and coaches of the home team during home games and includes
170	194		adequate supervision based on the number, ages, and abilities of
171	195		participating children;
172	196		(B) The program is registered with the department and has
173	197		received written approval to operate prior to offering the services; and
174		-	(C) The program maintains records that include dates and times of
175		-	each child's attendance and the telephone numbers of persons to ~~contact~~
176		-	in the event of an emergency, and those records are made ~~available~~
177		-	during regular business hours to the department;
	198	+	(C) The program maintains records that include dates and times
	199	+	of each child's attendance and the telephone numbers of persons to
	200	+	contact in the event of an emergency, and those records are made
	201	+	available during regular business hours to the department;
178	202		(12) "Casual care" operations consisting of a place or facility operated by
179	203		a person or entity that provides child care meeting the following criteria:
180	204		(A) Child care is provided for a minimum of five (5) children, but
181	205		less than fifteen (15) children, who are not related to the primary
182	206		caregiver, during short periods of time that do not exceed ten (10) hours
183	207		per week or six (6) hours per day for an individual child while the parents
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	211	+
184	212		or other custodians of the children are engaged in short-term activities,
185	213		not including employment of the parent or other custodian of the child;
186	214		(B) The operation is registered with the department and has
187	215		received written approval to operate prior to offering the services;
188	216		(C) The operation maintains records that include the children's
189	217		names, ages, addresses, dates and times of attendance, the parents' or
190	218		custodians' names, addresses, and intended whereabouts while the
191	219		children are in care, and the telephone numbers of persons to contact in
192	220		the event of an emergency. All records are made available at any time to
193	221		an authorized representative of the department; and
194		-	4 HB106
195	222		(D) A person or entity that fails to comply with this subdivision
196	223		(a)(12) is subject by the department to a fine not to exceed five hundred
197	224		dollars ($500) for the first violation and not to exceed one thousand
198	225		dollars ($1,000) for subsequent violations, and the department may seek
199	226		injunctive relief in the chancery or circuit court of the county where the
200	227		place or facility is located to prevent further operation of the place or
201	228		facility or to obtain entry to conduct an inspection of the operation;
202	229		(13) Any program or facility operated by, or in affiliation with, any Boys
203	230		and Girls Club that meets the following criteria:
204	231		(A) The program or facility provides care for school-aged children
205	232		and holds membership in good standing with Boys and Girls Clubs of
206	233		America and is certified as being in compliance with the purposes,
207	234		procedures, voluntary standards, and mandatory requirements of Boys
208	235		and Girls Clubs of America;
209		-	(8) Any such Boys and Girls Club that applies to participate in
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	239	+
	240	+	(B) Any such Boys and Girls Club that applies to participate in
210	241		state or federally funded programs that require child care licensing by the
211	242		state as a term of eligibility may elect to apply to the department for child
212	243		care licensing and regulation. Upon meeting departmental standards, the
213	244		Boys and Girls Club may be licensed as a child care center or provider;
214	245		and
215	246		(C) The department is authorized to grant a waiver from any rule
216	247		concerning grouping of children and adult-to-child ratios for child care
217	248		centers to a Boys and Girls Club that is providing after-school child care
218		-	to mixed groups of school-aged children;
219		-	(14) Any program or facility operated by, or in affiliation with, any YMCA
220		-	of the United States that meets the following criteria:
221		-	(A) The program or facility provides care for only school-aged
222		-	children and holds membership in good standing with the YMCA of the
223		-	United States and is certified as being in compliance with the purposes,
224		-	procedures, voluntary standards, and mandatory requirements of the
225		-	YMCA of the United States;
226		-	(B) Any such YMCA that applies to participate in state or federally
227		-	funded programs that require child care licensing by the state as a term of
228		-	eligibility may elect to apply to the department for child care licensing and
229		-	regulation. Upon meeting departmental standards, the YMCA school
230		-	aged program may be licensed as a child care center or provider;
231		-	(C) The staff of each facility or program provide adequate
232		-	supervision based on the number, ages, and abilities of participating
233		-	children and take all necessary steps to ensure the safety and health of
234		-	children; and
235		-	(D) The department is authorized to grant a waiver from any rule
236		-	concerning grouping of children and adult-to-child ratios for child care
237		-	centers to a YMCA that is providing after-school child care to mixed
238		-	groups of school-aged children; and
239		-	(15) Child care services associated with religious services or related
	249	+	to mixed groups of school-aged children; and
	250	+	(14) Child care services associated with religious services or related
240	251		activities of churches or other houses of worship that are provided while the
241	252		parents or other custodians of the children are on-site and that are not ordinarily
242	253		operated on a daily basis, including nurseries, babysitting services, and other
243	254		children's activities. Such services may also be provided during limited special
244	255		events; provided, that such events must not exceed fourteen (14) days in a
245	256		calendar year.
246		-	(c) In analyzing whether the program or activity is exempt pursuant to this
247		-	section, unless the department determines upon clear and convincing evidence that the
248		-	5 HB106
249		-	program or activity qualifies for an exemption based upon the criteria set forth in
250		-	subdivisions (b)(1 )-(15), the department shall consider the following nonexclusive criteria
251		-	to determine if the program or activity is clearly distinguishable from child care services
252		-	typically regulated by the department and otherwise qualifies for exemption from
253		-	licensing:
254		-	( 1) The sole or primary purpose of the program or activity is to provide
255		-	specialized opportunities for the child's educational, social, cultural, religious, or
256		-	athletic development, or to provide the child with mental or physical health
257		-	services;
258		-	(2) The time period in which the program or activity provides these
259		-	opportunities is consistent with a reasonable time period for the completion of the
260		-	program or activity, considering the age of each child served and the nature of
261		-	the program;
262		-	(3) The primary purpose of the program or activity is not routinely
263		-	available or could not be made routinely available in the typical child care
264		-	settings regulated by the department;
265		-	(4) Parents could reasonably be expected to choose the program or
266		-	activity because of the unique nature of what it offers, rather than as a substitute
267		-	for full-time, before-or after-school, holiday, or weather-related child care; and
268		-	(5) If the program or activity is regulated by any other federal, state, or
269		-	local agency, it is required by such other agency to comply with standards that
270		-	substantially meet or exceed department licensing regulations.
271		-	(d)
272		-	(1) All exempt programs, except those programs or categories of care
273		-	exempt under subdivisions (b)(1 )-(4), (7), and (13)-(15), must:
274		-	(A) Register intent to operate as an exempt program or activity
275		-	with the department in a manner and form as the department may
276		-	require, including that the request must contain a detailed description of
277		-	the operation of the program or activity, the program's or activity's
278		-	purpose, and the applicant's basis for claiming an exemption;
279		-	(B) Post a sign stating: "This facility is not required to be licensed
280		-	by the state as a child care agency.";
	257	+	(b) All exempt programs, except those programs or categories of care exempt
	258	+	under subdivisions (a)(1)–(4), (7), (13), and (14), shall:
	259	+	(1) Register intent to operate as an exempt program or activity with the
	260	+	department in a manner and form as the department may require including that
	261	+	the request must contain a detailed description of the operation of the program or
	262	+	activity, the program's or activity's purpose, and the applicant's basis for claiming
	263	+	an exemption;
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	267	+
	268	+	(2) Post a sign stating: "This facility is not required to be licensed by the
	269	+	state as a child care agency.";
	270	+	(3)
	271	+	(A) Require that when a parent, custodian, or guardian initially
	272	+	registers a child with an exempt program, the parent, custodian, or
	273	+	guardian must sign a form indicating that the parent, custodian, or
	274	+	guardian has been advised and understands that the program is not
	275	+	licensed and is not required to be licensed by the state as a child care
	276	+	agency; and
	277	+	(B) Maintain the signed form with the records of the exempt
	278	+	entity; and
	279	+	(4) The department shall provide a written response to the exemption
	280	+	request described in subdivision (b)(1) stating the reasons the exemption was
	281	+	granted or denied.
281	282		(c)
282		-	(i) Require that when a parent, custodian, or guardian
283		-	initially registers a child with an exempt program, the parent,
284		-	custodian, or guardian must sign a form indicating that the parent,
285		-	custodian, or guardian has been advised and understands that the
286		-	program is not licensed and is not required to be licensed by the
287		-	state as a child care agency; and
288		-	(ii) Maintain the signed form with the records of the exempt
289		-	entity; and
290		-	(2) The department shall provide a written response to the exemption
291		-	request described in subdivision (d)(1 )(A) stating the reasons the exemption was
292		-	granted or denied.
293		-	(e)
294	283		(1) The department is not required to grant exemptions to programs or
295	284		activities that offer otherwise exempt opportunities or services as a mere
296	285		component of a program or activity that the department determines primarily
297	286		constitutes child care.
298		-	6 HB106
299		-	(2) A program or activity is not exempt from licensing solely for the reason
300		-	that the care and supervision of children that constitutes child care is offered only
301		-	on a part-time or periodic basis.
	287	+	(2) A program or activity is not exempt from licensing solely for the
	288	+	reason that the care and supervision of children that constitutes child care is
	289	+	offered only on a part-time or periodic basis.
302	290		(3) Exemption from licensure does not exempt the program or activity
303	291		from compliance with any other local, state, or federal requirements.
304		-	(f) A program or activity that falls within the definition of a child care agency, but
305		-	has been determined to be exempt under one (1) of the categories of exempt care in
306		-	subsection (b), upon failure to comply with any of the criteria required under the
307		-	applicable category of exempt care, is no longer exempt and, therefore, is subject to the
308		-	licensing requirements of this part.
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	295	+
	296	+	(d) A program or activity that falls within the definition of a child care agency, but
	297	+	has been determined to be exempt under one (1) of the categories of exempt care found
	298	+	in subsection (a), upon failure to comply with any of the criteria required under the
	299	+	applicable category of exempt care, is no longer to be considered exempt and, therefore,
	300	+	is subject to the licensing requirements of this part.
309	301		SECTION 3. The department of human services is authorized to promulgate rules to
310	302		effectuate this act. The rules must be promulgated in accordance with the Uniform
311	303		Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.
312	304		SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.
313		-	7 HOUSE BILL NO. 106
314		-	PASSED: March 24, 2025
315		-	~!<
316		-	CAMERON SEXTON, SPEAKER
317		-	HOUSE OF REPRESENTATIVES
318		-	RANDYM
319		-	SPEAKER OF THE
320		-	APPROVED this -:J'cl day of / x:il 2025
321		-	~U(__,
322		-	BILL LEE, GOVERNOR