Reviewed November 2026 Tenn. Comp. R. & Regs. 1240-04-01-.22(1)(c)1, effective November 2025 · view rule Tenn. Comp. R. & Regs. 1240-04-01-.22(1)(c)1 (PDF) Tenn. Comp. R. & Regs. 1240-04-01-.11(2)(e), effective November 2025 · view rule Tenn. Comp. R. & Regs. 1240-04-01-.11(2)(e) (PDF)
Tennessee child care is licensed by the Department of Human Services (TDHS) under T.C.A. § 71-3-501 et seq. One rule chapter, Tenn. Comp. R. & Regs. 1240-04-01, covers family homes (5–7 unrelated children), group homes (8–12), centers (13+) and drop-in centers, and most of it was revised effective November 20, 2025, with staff rules following on February 8, 2026. Licensing consultants visit every agency quarterly and give it a quality rating score that must be posted with the license. School-run Pre-K and school-age care is regulated separately under the Department of Education's statute.
Licensing agency: Tennessee Department of Human Services (TDHS), Child Care Services – Child and Adult Care Licensing · public license lookup
Inspection findings public? Yes, the state publishes licensing inspection results.
License types
- Family child care home (5–7 unrelated children; up to 12 with related children) — Tenn. Comp. R. & Regs. 1240-04-01-.01 to .20
- Group child care home (8–12 unrelated children; 15 with 3 extra school-agers) — Tenn. Comp. R. & Regs. 1240-04-01-.01 to .19, .21
- Child care center (13 or more unrelated children) — Tenn. Comp. R. & Regs. 1240-04-01-.01 to .19, .22
- Drop-in child care center (15+ children, short-term care) — Tenn. Comp. R. & Regs. 1240-04-01-.01 to .19, .23
- School-administered and church-related school child care (Department of Education) — T.C.A. § 49-1-1101 et seq.; Tenn. Comp. R. & Regs. 0520-12-01
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Recent changes (2025–2026)
The Tennessee Department of Human Services (TDHS) finished a revision of its child care licensing rules in two steps. Most of chapter 1240-04-01 changed effective November 20, 2025, and the staff rule (1240-04-01-.06) changed effective February 8, 2026 (the rule's own history; a TDHS spring 2026 newsletter says February 9). We compared the 2022 text with TDHS's February 2026 compilation for the sections below. The Legislature also passed several child care laws in 2025 and 2026, none of which changes TDHS's ratios.
Bigger group sizes and new mixed-age options in centers
Single-age center ratios did not change, but several maximum group sizes went up: four- and five-year-old groups from 20 to 24; mixed 2½–12-year-olds from 1:10 with 10 children to 1:11 with 20; and mixed 3–5-year-olds from 22 to 24. New mixed-age rows were added (12–36 months 1:6/12, 2–3 years 1:8/16, 3–4 years 1:12/24, 4–6 years 1:16/24, and grade-based school-age rows at 1:20). In the first/last 90-minute combined chart, 2½–5-year-olds went from 1:10/10 to 1:11/20, 3–12-year-olds from a group of 15 to 20, and 13–17-year-olds were added at 1:20.
Director on site half the time; substitutes trained before contact
Effective February 8, 2026: a center director must be on site for at least 50% of the agency's monthly hours of operation (drop-in centers excepted). The new-employee training chart now restates rule .12's existing requirement that first aid and CPR training be done within 90 days of employment. Substitutes and practicum students must be trained on the emergency plan, abuse reporting and safe sleep before they have contact with children. Annual training hour totals did not change.
Four in-person visits before a full license
A new agency now has to receive four in-person monitoring visits satisfactory to TDHS during its 120-day provisional license before TDHS issues the continuous license.
Clearance letter before anyone works
New text: no one may work, operate, substitute or have unsupervised contact with children until the criminal history review is complete, shown by either a Final Clearance Letter or a Conditional Letter that lets the person work only under the supervision of a fully cleared person while other states' results are pending.
Unsupervised children are now a same-day report
Added to the serious incidents you must report to TDHS the same day: any child leaving the premises without supervision, or being left unsupervised in a classroom, on the playground, elsewhere in the building, at a field trip site or in a vehicle, when it may result in imminent harm.
New licensing exemption categories (July 1, 2025)
Public Chapter 135 (signed April 4, 2025; effective July 1, 2025) rewrote the list of programs exempt from TDHS licensing. Home schools and related tutorial programs are not subject to licensure, and the categories now include registered gym care, casual care, recreation programs, camps, Parents' Day Out and Parents' Night Out programs.
Military-certified family homes exempt (July 1, 2026)
From July 1, 2026, a family child care home that holds a U.S. Department of Defense certificate and serves only eligible military and federal patrons does not need a TDHS license.
Age 18 for teachers of children 4 and under, in school-run programs
From July 1, 2026, a teacher or assistant teacher in a child care program for children four or younger must be at least 18. The law amends the Department of Education's child care statute (T.C.A. § 49-1-1103), so it covers school-administered and other Education-regulated programs, not TDHS-licensed agencies. TDHS rules still allow 16- and 17-year-old assistants in some roles.
"Tennessee Child Care Red Tape Reduction Act"
Signed May 27, 2026. The act speeds up local permit review for child care agencies. As amended by the Senate, it requires a local fire safety inspection to be coordinated with, and held at the same time as, the state fire marshal's inspection, and it requires local building and fire codes to be standardized with state standards and TDHS's pre-licensing rules. Ask your local permitting office how it is applying the act.
"Tennessee Child Care Hosting Safe Harbor Act"
Signed April 27, 2026; effective July 1, 2026. It limits the civil liability of a business or other host that lets a licensed child care provider operate on its property. It does not change licensing rules.
Who needs a license, and what kind
TDHS's Child Care Services (in the Division of Child Care and Community Services) licenses child care agencies under T.C.A. § 71-3-501 et seq. One rule chapter, Tenn. Comp. R. & Regs. 1240-04-01 (Licensure Rules for Child Care Agencies), covers all four license classes: rules .01–.19 apply to everyone, and .20–.23 add class-specific rules for family homes, group homes, centers and drop-in centers. The old separate chapters (1240-04-02, -03, -04 and the school-age chapter 1240-04-06) are repealed. School-run Pre-K and before/after-school care is not licensed by TDHS; it is regulated under the Department of Education / State Board of Education rules (see below). TDHS reported a licensed capacity of 190,046 children statewide as of March 31, 2026.
The four license classes
A child care agency gives care for 3 or more hours a day to 5 or more children not related to the primary educator. Family child care home: 5 to 7 unrelated children. Group child care home: 8 to 12 unrelated children (15 if approved for 3 extra school-agers). Child care center: 13 or more unrelated children. Drop-in center: 15 or more children for short periods (no more than 7 hours a day or 14 hours a week per child on weekdays, 6 a.m.–6 p.m.).
Who does not need a TDHS license
Care for fewer than 5 unrelated children, or for less than 3 hours a day, is not subject to licensure. Exempt categories include school-administered Pre-K and school-age programs, Title I and school-run Head Start, state-approved Montessori programs and church-related school programs regulated by the Department of Education; Parents' Day Out (religious organization, no child over 12 hours a week); Parents' Night Out (no more than 14 days a year); recreation programs, camps, gym care (up to 2 hours a day while a parent is on site), casual care (5–14 children, no more than 6 hours a day or 10 a week), qualifying Boys & Girls Clubs and YMCA school-age programs, and church nurseries during services. Most exempt programs must register with TDHS, get written approval, post a sign saying they are not required to be licensed, and have parents sign an acknowledgment.
Provisional license, then a continuous license
New agencies get a 120-day provisional license. TDHS issues a continuous license after the agency completes the provisional period, including four satisfactory in-person monitoring visits, and shows compliance. To keep it you need a good compliance history, all civil penalties paid, and the required documents (including annual inspections) on file. A license cannot be moved to a new address or a new owner.
Operate within your license; use the provider portal
Operate only within your licensed capacity, approved hours, age ranges, services, address, ownership and approved space. All agencies must register in the TDHS provider portal and use it to keep their records current. Care during non-traditional hours (6 p.m.–6 a.m. and weekends) needs a notation on the license (.05(7)).
Required insurance
Family and group homes: at least $300,000 per occurrence and aggregate general liability. Centers and drop-in centers: $500,000. All: $5,000 medical payments, and sexual abuse and molestation coverage of $100,000 per occurrence / $300,000 aggregate. Agencies that transport need auto liability ($300,000 homes, $500,000 centers) and $5,000 medical payments. A standard homeowner's policy is not enough. Keep the declarations pages on file.
School-administered child care (Department of Education)
Child care run by public schools, and church-related school programs, are regulated under Title 49 rather than by TDHS. The standards have been Tenn. Comp. R. & Regs. 0520-12-01 (Standards for School Administered Child Care Programs). In 2026 the State Board of Education moved to repeal that chapter and refile revised standards as a State Board rule (final reading was on its July 31, 2026 agenda). We could not confirm the outcome or the new chapter number, so school programs should check with the Department of Education.
Staff-to-child ratios
Tennessee calls caregivers "educators." Ratios apply whenever children are on the premises, indoors and outdoors. Infants are 6 weeks through 12 months (or until walking), toddlers 13–30 months, and preschoolers 31 months to kindergarten. Children under 6 weeks may not be enrolled.
Center ratios and group sizes by age (single-age groups)
Chart 1: 6 weeks–15 months 1:4 (group of 8); 12–30 months 1:6 (12); two-year-olds 1:7 (14); three-year-olds 1:9 (18); four-year-olds 1:13 (24); five-year-olds 1:16 (24); school-age children 1:20 (no maximum group).
SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Tennessee's number. SafePass's built-in defaults are not Tennessee's: they match Tennessee for infants (1:4) and 12–30-month toddlers (1:6), but the two-year-old default (1:8) is looser than Tennessee's 1:7, so it would miss a Tennessee violation in a two-year-old room unless you change it. The school-age default (1:15) is tighter than Tennessee's 1:20 and will raise extra alerts. SafePass does not apply the mixed-age charts, the first/last 90-minute combined groups, the 10% variance, the 50% nap-time reduction or group-size limits for you.
Mixed-age groups in centers
Chart 2 sets mixed-age ratios, e.g. 6 weeks–30 months 1:5 (10); 12–36 months 1:6 (12); 2–4 years 1:8 (16); 2½–5 years 1:11 (20); 3–5 years 1:13 (24); 4–5 years 1:16 (24); 5–12 years 1:20. Infants must have their own space and may never be grouped with children over 30 months. Preschool and school-age groups may be combined only in the first and last 1½ hours of the day under Chart 3 (e.g. 3–12 years 1:15, group of 20), or for a special activity of up to 60 minutes. When more than 12 first-graders and up are present, they need their own educator, group, space and program.
The 10% variance and the second adult
Center ratios and group sizes may be exceeded by up to 10% (rounded) no more than 3 days a week, but never in infant or toddler groups and never above licensed capacity. When more than 12 children are on the premises, a second adult must be physically available on site. A cook is not counted in ratio while preparing food or washing dishes (.22(3)).
Family child care home ratios
No more than 7 children at a time (up to 12 if the extra children are related to the primary educator). Related children under 9 count. One educator for 7 or fewer with no more than 4 under age 2; two educators for 7 or fewer with 5 or more under 2, or for more than 7 with no more than 4 under 2; three educators for more than 7 with 5 or more under 2. The provider's own children 9 and older are not counted if they have separate space.
SafePass tip: SafePass Kiosk check-ins give a running count of who is in care. Add your own children under 9 as enrolled children so they are in the count. SafePass does not apply the under-2 thresholds in this chart for you.
Group child care home ratios
Up to 12 children, plus up to 3 school-agers before and after school, on holidays, snow days and in summer (15). Related children under 9 count. One educator if no more than 12 children are 3 or older; two if up to 9 are under 3 and no more than 4 are under 2; three if 10 or more are under 3. Four or more infants/toddlers need separate space and their own educator. If attendance drops to 7 or fewer, family home ratios apply. The 10% variance (3 days a week, not for infants or toddlers) also applies.
Field trips, swimming and nap time
Field trips: double the ratio (homes add one adult) and take attendance at 5 set points. Swimming: 1:1 under 13 months, 1:2 for 13–35 months, 1:3 three-year-olds, 1:4 four-year-olds, 1:5 five-year-olds, 1:10 school-age, plus one adult with advanced aquatic lifesaving certification; lifeguards don't count. Nap time: for children 31 months and older, ratios may be cut by 50% once children settle, if one educator stays awake in each nap room and enough adults are on site to restore full ratio immediately.
Who counts in ratio
Volunteers never count (except parents on a field trip) and are never left alone with children. Practicum students 18 and over count but are never alone with children. In group homes, 16–17-year-old assistants may count if never left alone and always directly supervised. Center student assistants (16–18) are non-ratio staff.
Group size and space
Licensed capacity is set by usable indoor space, ages, ratios and group size.
Center group size and square footage
Group sizes are in the ratio charts above and apply at all times except in common dining rooms, common nap rooms and on the playground. Each child stays with one defined group and educator all day. At least 30 square feet of usable indoor play space per child in each classroom and 30 square feet per child in nap rooms; restrooms, halls, kitchens, offices and space under cribs or large furniture don't count. Rooms may be divided by a barrier at least 4 feet high.
Home space
Group homes: 30 square feet of usable indoor play space per child. Family homes: 30 square feet per child if more than 7 children are present or care is in one room. Outdoor play areas need 50 square feet per child using them at once (.16(9)).
Staff qualifications
Qualifications are in one chart in rule .06(6)(a), effective February 8, 2026. Everyone must finish licensing-rules training, shaken baby/abusive head trauma/child maltreatment training and "Before You Begin" pre-service training before contact with children, plus SIDS training if infants are served.
Center director
At least 21, with one of: a 4-year degree (or RN) plus 1 year of full-time group experience; 36 hours of coursework (30 in business, child or youth development, early childhood or a related field) or a Tennessee Early Childhood Administrator Credential, plus 2 years' experience; or a high school diploma plus the 30-hour TECTA Administrator Orientation (or TDHS-recognized equivalent) and 4 years' experience. Directors employed as of the rules' effective date are grandfathered. TDHS says its "Administrator Foundations Series," launched January 2026, replaces the TECTA orientation for new directors without a 4-year degree.
SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so diplomas, transcripts and credentials are in one place when the licensing consultant asks.
Center educators and assistant directors
Center educators must be 18; no diploma is required unless the educator works alone with a group (then a high school diploma or equivalent). Assistant directors: 18, high school diploma and 2 years' experience. Student assistants: 16, enrolled in a high school technical child care program, non-ratio.
Family and group home providers
The primary educator must be 18 with a high school diploma or equivalent and complete the pre-licensure orientation. Educator assistants may be 16 with no diploma. A group home primary educator may not hold another job during operating hours, and a qualified educator must be on site whenever the primary educator is away.
Director on site
The center director must be on site at least 50% of the agency's monthly operating hours (reasonable leave and training time allowed). After licensing, a center may run without an on-site director for no more than 60 days in the licensing year, with a qualified person in charge.
SafePass tip: SafePass staff time clock records give you dated hours for each person, including the director.
Orientation and health statement before work
Before contact with children, every new employee gets orientation on 14 listed topics (including emergency procedures, abuse reporting, release of children, safe sleep, food allergies and CMV risk) and completes shaken baby/abusive head trauma and pre-service training. A licensed physician, nurse practitioner or PA must sign a statement that the person is physically, mentally and emotionally able to care for children, on file within 10 calendar days of starting.
Background checks
Fingerprint-based checks follow T.C.A. § 71-3-507 and the federal Child Care and Development Block Grant Act.
Who needs a check, and when
Owners and operators, every employee, director or manager applicant, substitutes who work more than 36 hours a year and count in ratio, and anyone 15 or older who lives in a family or group home must have a background check no more than 90 days before having access to the agency. Checks are repeated at least every 5 years, and a new check is needed after more than 180 consecutive days away from child care work in Tennessee. TDHS pays for one check per person per agency per year.
SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page. It is not connected to TDHS's background check system, so keep the clearance letters on file.
No work before clearance
No one may work, substitute or have unsupervised contact with children until TDHS issues a Final Clearance Letter, or a Conditional Letter allowing supervised work while other states' results are pending.
Disqualifying records
A person is excluded for a conviction, plea, juvenile finding or pending charge involving child abuse or neglect, violence, any drug offense, or anything else that threatens children (the rule lists 55 offenses), or for being on the Vulnerable Persons Registry or Sex Offender Registry or substantiated by the Department of Children's Services as an abuser. Drivers are also barred for 5 years after DUI, vehicular homicide or certain accident offenses.
Waivers
An excluded person may ask TDHS for a waiver; an advisory committee reviews it and the licensing director decides. A denial can be appealed in writing to TDHS's Division of Appeals and Hearings within 10 days. Sex offender registry listings, certain felonies (murder, child abuse, crimes against children, spousal abuse, rape/sexual assault, kidnapping, arson, physical assault), drug offenses in the past 5 years and violent misdemeanors against children cannot be waived.
Training hours
Training is recorded in TNPAL (Tennessee Professional Archive of Learning), the state's system of record (1240-04-01-.19). Up to 4 annual hours (2 for drop-in directors) may come from teaching a training.
First 120 days (or first 4 months for new hires)
3 hours on the Tennessee Early Learning Developmental Standards (TN-ELDS), first aid and CPR within 90 days of employment, transportation training before driving, and personal safety training for one person per agency. Directors and family/group primary educators also take New Director Training and the Small Business Academy.
Annual training hours
Center educators 12 hours (at least 6 health and safety, 3 literacy); center directors 24 hours or one academic course; assistant directors 18 hours (including 4 in administration); family and group home primary educators 18 hours; their educators 12 hours; center substitutes 4 hours of health and safety; drop-in directors 6 hours and drop-in educators 3. Adverse Childhood Experiences training every 5 years. Staff cycle through the federal health-and-safety topics every 3 years (drop-in every 4).
SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires. TNPAL remains the official training record.
First aid and CPR
All staff complete first aid and CPR training within 90 days of employment, matched to the ages served (adult courses too if children over 12 are present). At least one staff member with current first aid and one with current CPR certification must be on site at all times.
SafePass tip: SafePass staff profiles track CPR and first aid card expiration dates and alert directors before they lapse.
Abuse reporting and emergency plan training
All staff, including cooks and custodians, get documented, TDHS-approved abuse and neglect reporting training every year, and all staff are trained on the emergency plan annually.
Health and safety
Rule .12 covers daily health checks, illness, first aid, medications, prohibited items and diapering.
Daily arrival check and illness
The receiving educator looks at each child on arrival for signs of illness or injury and documents any obvious marks, with the parent's comments. A sick child is kept apart (while still supervised) and the parent is called to pick up.
SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.
Communicable disease
Report any reportable communicable disease to the local health department by the end of the day it's discovered and notify every family immediately. Staff with signs of a communicable disease must stay away.
SafePass tip: SafePass messaging can notify every family at once and gives you a dated record that they were told.
Supervision and end-of-day sweep
Children 6 weeks through 9 years must be heard at all times, seen with a quick glance and reachable immediately; at meals, children under 6 must be in direct sight and sound. Staff must walk all areas of the building and grounds right after closing to be sure no child was left. A child walking out unnoticed or left in a room, on the playground, on a field trip or in a vehicle subjects the agency to legal enforcement.
SafePass tip: SafePass shows staff a live list of children checked in to each room, so the closing sweep can be checked against who is still signed in.
Written supervision plans and name-to-face roll calls
Write and follow a mealtime supervision plan (posted where food is served), a playground supervision plan and a transition plan. Do a name-to-face roll call (call each child's name and make eye contact) before leaving and after arriving at the playground, restroom, cafeteria, gym and transport sites.
Smoking, alcohol, weapons and hazards
No smoking or vaping indoors, in vehicles, in outdoor areas while children are present, or within 50 feet of the entrance. No alcohol use during operating hours. Knives, "keep out of reach" items and staff purses and bags must be inaccessible. No firearms on the premises or in vehicles; in a private residence, firearms must be locked and unloaded with ammunition locked separately (exceptions for law enforcement and registered armed security at schools).
Diapering and sanitizing
Check and change children promptly; diaper on a nonporous surface off the floor, near a sink, away from food areas, never leaving a child unattended. Wash hands after each change and wash and sanitize the surface. Use EPA-registered cleaning products.
SafePass tip: SafePass daily logs record diaper changes, and parents see them in the app.
Facility, furniture and hazards
Tennessee has an explicit tip-over rule: large and heavy furniture must be secured.
Anchor heavy furniture and equipment
All large and heavy indoor and outdoor equipment, appliances and furnishings must be secured or supported so they cannot fall or tip over, including TVs, computers, monitors, bookcases, cubbies, dressers and shelves. Follow (and keep on site) the manufacturer's instructions for securing equipment.
Edges, cords and broken equipment
Nothing within reach may have sharp edges, splinters, protruding nails or bolts, head entrapment spaces, open S-hooks or pinch points. Electrical cords must be out of reach of children under school age, and window blind and curtain cords out of reach of all children. Broken or unsteady equipment is repaired or removed immediately.
Playground equipment
Trampolines are prohibited. Climbing equipment needs a 6-foot fall zone and must be 6 feet from fences and other equipment; swing fall zones extend twice the chain length. Climbers and swings must be anchored and have CPSC-recognized shock-absorbing surfacing; unitary surfaces must meet ASTM F1292.
Outdoor play area
At least 50 square feet per child, enclosed by a fence or barrier at least 4 feet high (TDHS may waive it). Inspect the area before each use; keep it free of hazards and animal waste; cover sandboxes when not in use.
Fire and health inspections, temperature and heaters
A license requires an annual inspection by the State Fire Marshal's Office (or its designee) and by the Department of Health's General Environmental division; keep the reports. Rooms must stay between 68°F and 78°F, and children may not be present if they can't. Portable heaters and unvented fuel-burning heaters are prohibited; stoves, radiators, hot pipes and fans must be inaccessible. Pools must be fenced with locked gates; reptiles and amphibians can't be kept as pets.
Emergency preparedness
The rules require a written plan, staff training and posted drill records, but do not set a drill frequency for fire drills with children; follow your fire marshal's requirements.
Written multi-hazard plan
Working with local emergency management, write a plan for fires, tornadoes, earthquakes, chemical spills, floods and other emergencies covering evacuation, relocation, shelter-in-place and lockdown, staff training and practice drills, communication and reunification with families, continuity of operations, and infants, toddlers and children with disabilities or chronic conditions. Tell parents about the plan and train all staff on it every year. TDHS may temporarily waive rules during a declared emergency.
SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification. SafePass does not keep drill logs.
Post emergency procedures and drill records
Emergency procedures and the record of fire and other emergency drills must be kept where staff and parents can see them.
Incident reports and same-day reporting to TDHS
Tell parents about incidents, injuries and illness by pickup the same day (serious ones immediately), document them right away (child, writer, date and time, what happened, action taken) and give parents a copy that day. Report serious incidents to TDHS the same day by hotline, email or provider portal: injuries needing treatment beyond on-site first aid, 911 calls, reports to DCS or police, transportation accidents and moving violations, any fatality, and children leaving or left unsupervised. Serious injuries go on TDHS's form the same day.
SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature. Reporting to TDHS is still up to you.
Medication
Rule .12(12) governs receiving, giving and storing medication.
Authorization and dose records
A designated staff member receives the medicine with the parent's written authorization for each medication, checks it is in the original, unexpired container labeled with the child's name, and records the dose, times and instructions. Only staff trained in medication administration may give it (TDHS points to free American Academy of Pediatrics training). Record each dose (time and amount), any side effects and the staff member's name in the child's file, give the parent a copy, and return unused medicine. No medicine in bottles unless a physician authorizes it.
SafePass tip: SafePass collects the parent's signed medication request electronically. Staff approve it, log each dose with the time, amount and staff name, and the parent gets a notification at each dose.
Storage
Store medication in a child-proof container; refrigerated medicine goes in a leak-proof, child-proof container. Epinephrine auto-injectors and inhalers may be kept unlocked but out of reach. Diaper creams, ointments, sunscreens and lotions must be inaccessible. School-agers may carry medicine only with a physician's authorization for the current school year.
Immunizations
Tennessee uses the Department of Health's Official Immunization Certificate.
Certificate before enrollment
Have a Tennessee Department of Health Official Immunization Certificate before accepting any child 2 months or older; all required vaccinations must be complete by 18 months. Exceptions: a signed medical statement from a physician or health department, a parent's signed religious statement, or children who are homeless or in state custody (up to 60 days). For school-agers, a statement that shots are current and the record is at school is enough. Children under 60 months also need a signed well-child exam record before care.
SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.
Nutrition and feeding
Rule .13 covers meals, bottles, choking prevention and allergies.
Meals, menus and allergies
Food the agency provides must follow USDA CACFP guidelines, and no sugar-sweetened beverages may be served. Offer breakfast or a morning snack, lunch and an afternoon snack, plus another snack or meal for 10+ hours of care, and breakfast for children arriving before 7 a.m. who haven't eaten. Never force or withhold food or use it as a reward. Post a weekly menu and each child's food allergies where food is prepared and served; a life-threatening allergy needs a written plan endorsed by the child's doctor.
SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate, and registration packets record allergies on the child's profile.
Bottles and choking prevention
Hold infants who can't sit in a high chair for bottles; never prop bottles or feed lying flat. Don't heat breast milk or formula in a microwave; crock pots can't be bottle warmers; warm water must be no more than 120°F for no more than 5 minutes. Label food and milk from home with the name and date. No solid food in bottles without a doctor's note; cut food to each child's ability; no teething necklaces or pacifier clips. No food or drink in cribs, cots or mats.
Safe sleep and naps
Infant safe sleep rules are in .11(8); equipment rules in .14(4).
Infant safe sleep
Infants sleep on their backs in a crib or play yard with a firm surface and fitted sheet, never on a sofa, adult bed, car seat or swing. No pillows, bumpers, blankets, stuffed toys or crib toys; remove bibs. An infant who falls asleep elsewhere is moved to a crib on their back right away. An educator must touch each sleeping infant every 15 minutes to check breathing, temperature and position. Have a written safe sleep policy and train all infant staff. Exceptions need a physician's written authorization. TDHS guidance says no soft bedding until 13 months.
SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run the 15-minute sleep-check log, so keep that record separately.
Cribs, cots and mats
Each infant has an individual CPSC-compliant crib or play yard at least 22 by 36 inches; stackable cribs and nesting beds are banned; slats no more than 2⅜ inches apart; original, tight-fitting mattress. Children 12 months to 5 years in care 6+ hours get an individual cot or 2-inch mat, labeled with the child's name or code and sanitized between users.
Rest period
Children in care 6 hours or more get a chance at a reclining rest. No child may be forced to nap or stay on a cot; offer a quiet activity to children who don't sleep. Lighting must let the educator see each child at a glance.
Discipline and behavior guidance
Tennessee limits time-out by age and bans it under 3.
Behavior management rules
Spanking and all corporal punishment are prohibited, as are mechanical and chemical restraints and shaming, frightening, verbally abusive or isolating discipline. Discipline may not involve food, rest or toileting, and active play may not be withheld. Redirect first. Time-out is limited to 1 minute per year of age, within the educator's sight, never in a high chair, crib or car seat, and never for children under 36 months. Physical restraint is allowed only in an emergency when a child is in imminent danger of harming self or others.
Written expulsion policy
Have a written, developmentally appropriate, non-discriminatory expulsion policy shared with staff and parents. Consider alternatives first (reduced hours, behavioral health referrals), plan a transition if expulsion happens, and report aggregate expulsion data to TDHS on its form.
SafePass tip: SafePass messaging gives you a dated record of what you told a family.
Records, postings and parent communication
Records may be kept on site or electronically, but must be readily available to TDHS (.08(1)).
Children's records
Before care, each child's file needs an information form (parents, addresses, work details, medical conditions and allergies, physician, emergency medical consent, emergency contact), a written release list, any transportation agreement and a signed personal safety curriculum notification. For infants, toddlers and non-verbal children, share feeding, spit-up, toileting, diaper times, sleep and developmental progress with all their educators daily. Keep records 1 year after the child leaves.
SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature, and daily logs record meals, naps and diapers for parents.
Staff records
Keep a file for each staff member for at least 1 year after they leave: contact and emergency information, education and TNPAL training records, the health statement, communicable disease screening, verified employment history, annual evaluations, daily time in/out, the criminal history disclosure and background check results. Drivers' files add license, driving history, annual physical, drug screen and CPR/first aid.
SafePass tip: SafePass staff profiles hold certifications, training records and the background check date, and the time clock records daily staff hours.
Postings and parent notices
Give parents your policies and TDHS's Summary of Licensing Requirements at admission, and hold an annual parent meeting using a developmental checklist. Post near the entrance: the license, your current quality rating (QRIS) score, hours, TDHS's complaint hotline and DCS's abuse hotline. Post ratios and group sizes in every classroom. Post notice of any critical violation (ratios, supervision, transportation, background checks, medication, hazards, firearms, corporal punishment, and others) and of enforcement orders or probation, and get parents' signatures that they read it.
SafePass tip: SafePass announcements can send policies and notices to every family with a dated record.
Attendance and sign-in/sign-out
Electronic sign-in is expressly allowed.
Daily sign-in and sign-out record
Keep a daily paper or electronic sign-in/sign-out record with each child's full name, the date, time in, time out, and the name of the person who brought the child and the person who picked the child up. Staff may sign children in or out only when they arrive or leave by agency or school transportation with no parent present. Keep the records 1 year, on site and immediately available.
SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp and who dropped off or picked up, and exports attendance reports as PDF for the licensing consultant.
Attendance records and classroom lists
Daily attendance must show each child's full name and time in and out, be kept 1 year after the child leaves, and each classroom must keep an individual attendance list. Each child is greeted by the specific educator assigned to them (.11(1)(e)).
SafePass tip: SafePass shows which children are checked in to each room right now.
Releasing children
Release children only to a parent or someone the parent authorized. Check photo ID if the educator doesn't know the person. If an unlisted person arrives, you may call the parent for permission and document the call, the person you spoke to and who took the child. Call 911 if someone whose behavior puts a child at risk tries to pick up.
SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.
Transportation and field trips
Rule .17 (effective June 29, 2022) is detailed. Drop-in centers may not transport.
Approval, monitors and limits
Get TDHS's written approval before transporting. Routine trips are limited to 45 minutes each way. An adult monitor besides the driver is required for 4 or more children under 5 not in kindergarten, any route over 30 minutes with children that age, 20 or more children 5 and up, or 4 or more non-ambulatory children. No phone use by drivers; quarterly vehicle evacuation drills; daily documented vehicle inspection; TDHS-approved vehicle monitoring devices in vehicles for 6 or more passengers (with exceptions). Agencies not licensed to transport may do up to 4 field trips a year.
Passenger logs and the two-person walk-through
Use a TDHS-approved passenger log with each child's name and the time loaded and released; parents sign when a child is loaded at home or released to them. After unloading, the driver walks the vehicle, checks every seat and compartment and signs the log; then a separate reviewer with no other duties walks it again, reconciles the log with the master sign-in/out sheet and reports any discrepancy at once. Keep logs 1 year.
SafePass tip: SafePass Kiosk check-ins give you the master sign-in/out list to reconcile against. SafePass does not keep the vehicle passenger log or the walk-through record.
Drivers and vehicles
Drivers need a license with an "F" endorsement, an annual medical statement, a 5-panel drug test no more than 10 days before driving, TDHS clearance to drive, CPR and first aid, and transportation training before starting and every 6 months. Vehicles carry a fire extinguisher, reflective triangles, first aid kit, belt cutter, bloodborne pathogen kit and flashlight; vehicles for 10+ passengers must meet school bus safety standards. Children under 4 ride in a rear seat. Vehicles show the agency name and TDHS's complaint hotline.
Field trip permission and attendance
Get a signed, dated permission slip for each field trip, double the ratio (homes add one adult), and check attendance before leaving, on arrival, at the start and end of each activity, on departure and on return.
Inspections, quality ratings and enforcement
TDHS licensing consultants visit every agency quarterly. The Quality Rating Improvement System (QRIS) score from those visits must be posted with the license.
Quarterly monitoring visits and the QRIS score
Each agency gets four quarterly monitoring visits a year (three plus one for programs closed in summer), each at a different time of day. Each visit scores one of four health-and-safety categories (supervision/facilities/equipment, record keeping, healthy weight and disease prevention, organizational structure) plus teacher/child interactions, toward an annual score out of 100. Licensing violations cost points. The consultant reviews the scoresheet with the director before leaving or within 5 business days. TDHS's spring 2026 newsletter confirms consultants enter enrollment data at each quarterly visit.
Two announced and two unannounced visits; 11 critical items
TDHS says agencies with a continuous license get at least four monitoring visits a year using its observation tools: two announced and two unannounced, in random order. Each unannounced visit checks 11 critical areas: medication, emergency preparedness, food allergies, safe sleep, transportation, infectious disease and immunizations, building safety, shaken baby/abusive head trauma prevention, first aid and CPR, supervision, and background checks. Violations get a Plan of Corrective Action, and a major high-risk violation not fixed during the visit gets a follow-up visit within 5 days. An agency on a safety plan gets weekly unannounced visits, and complaints bring extra visits.
SafePass tip: SafePass keeps attendance, medication, incident, immunization and staff records with dates, so the records a consultant checks on an unannounced visit can be pulled up or exported quickly.
Statewide serious injuries and abuse findings
TDHS's federally required annual report for October 2024–September 2025 lists, for licensed centers (capacity 185,081): 902 self-reported serious injury incidents (injuries needing a medical professional's treatment), 37 substantiated instances of child abuse and no child fatalities. Licensed group homes reported 7 serious injuries and 1 substantiated instance; family homes 2 and 1; drop-in centers 2 and 0. TDHS also investigated two child deaths at unlicensed providers operating illegally.
Unannounced inspections and parent access
TDHS inspects agencies at regular intervals without notice and has access to all areas and records. Parents may visit and observe at any time their child is in care (.05(9)(j) of chapter 1240-04-01 says the same).
Enforcement tools
TDHS can impose safety plans, probation (which must be posted and explained to parents), civil penalties for each violation (each day a separate violation), restricted licenses, denial or revocation, and summary suspension when children's safety requires emergency action. Critical violations and enforcement notices must be posted for parents. Secondary listings indicate TDHS amended this chapter in 2025; we could not retrieve the current official text, so we don't list penalty amounts. Check the current chapter or your notice.
Disputing findings and appeals
Most licensing actions are appealed to the Child Care Agency Board of Review.
Child Care Agency Board of Review
The Board of Review hears challenges to actions to deny, revoke or otherwise limit a license, TDHS civil penalties, and safety plans in effect 90 days or more. Summary suspension and probation are handled through their own faster hearing procedures. Hearings follow the Uniform Administrative Procedures Act.
Deadlines
Appeal deadlines are short and run from the date the notice is delivered or mailed. In the version of chapter 1240-04-05 we could read, a denial, revocation or civil penalty must be appealed in writing within 10 days, an informal review of probation must be requested within 2 business days, and summary suspension comes with an informal hearing within 3 business days. Follow the deadline printed on your notice. Background check waiver denials are appealed to TDHS's Division of Appeals and Hearings within 10 days (1240-04-01-.07(5)(c)).
Frequently asked questions
Who licenses daycares in Tennessee?
The Tennessee Department of Human Services (TDHS), Child Care Services, licenses child care agencies under T.C.A. § 71-3-501 et seq. and Tenn. Comp. R. & Regs. 1240-04-01. Child care run by public schools and church-related school programs are regulated under the Department of Education's statute (T.C.A. § 49-1-1101 et seq.) instead (T.C.A. § 71-3-503(b)(2), (4)).
How many children can I watch in my home without a license in Tennessee?
Up to 4 children who aren't related to you. A license is needed to care for 5 or more unrelated children for 3 or more hours a day (1240-04-01-.02(10); T.C.A. § 71-3-503(b)). A family child care home license covers 5 to 7 unrelated children, and a group child care home 8 to 12 (1240-04-01-.02(23), (26)).
What are the daycare ratios in Tennessee?
In centers (1240-04-01-.22(1)(c)): infants 6 weeks–15 months 1:4 (group of 8); 12–30 months 1:6 (12); two-year-olds 1:7 (14); three-year-olds 1:9 (18); four-year-olds 1:13 (24); five-year-olds 1:16 (24); school-age 1:20. Mixed-age groups use a separate chart, and centers may exceed ratios by up to 10% up to 3 days a week except for infants and toddlers.
Did Tennessee change its child care rules in 2025 or 2026?
Yes. Most of chapter 1240-04-01 was amended effective November 20, 2025, and the staff rule (.06) effective February 8, 2026. Changes include larger maximum group sizes for four- and five-year-olds (20 to 24) and new mixed-age options, a 50% on-site requirement for center directors, training for substitutes before they work, four in-person visits before a full license, and same-day reporting of unsupervised children.
How long can a child be in time-out in a Tennessee daycare?
No more than 1 minute per year of the child's age, within the educator's sight, and never for children under 36 months, who must be redirected instead (1240-04-01-.15(5)(k)). Spanking and all corporal punishment are banned.
Do Tennessee daycares have to anchor furniture?
Yes. Large and heavy equipment and furniture, including TVs, computers, monitors, bookcases, cubbies, dressers and shelves, must be secured so they can't fall or tip over (1240-04-01-.14(1)(e)).
Can a Tennessee daycare use electronic sign-in?
Yes. Rule 1240-04-01-.11(2)(e) allows a paper or electronic record showing each child's full name, the date, time in and out, and the names of the adults who dropped off and picked up. Keep it 1 year on site.
How often does TDHS inspect child care programs?
Licensing consultants make at least four monitoring visits a year, two announced and two unannounced, which produce the agency's annual quality rating score (TDHS monitoring page; 1240-04-07-.03(4)). TDHS may also inspect at any time without notice (1240-04-05-.04(1)). Agencies also need annual fire marshal and health department inspections (1240-04-01-.16(1)).
What shots does my child need for daycare in Tennessee?
The daycare must have a Tennessee Department of Health Official Immunization Certificate before enrolling a child 2 months or older, with all required vaccines done by 18 months, unless there is a medical or religious exemption (1240-04-01-.08(2)(e)). Children under 5 also need a well-child exam record.
How do I check a Tennessee daycare or report a problem?
Use TDHS's Find Child Care search, which TDHS says is where monitoring and inspection results for licensed agencies are published, and ask to see the posted license, quality rating score and any critical violation notices, which agencies must post (1240-04-01-.05(10), (12)). Complaints go to TDHS's Child Care Complaint Hotline; suspected abuse goes to the Department of Children's Services.
Sources
- Official text: Tenn. Comp. R. & Regs. 1240-04-01, Licensure Rules for Child Care Agencies (effective November 20, 2025) — Tennessee Secretary of State, Publications Division (linked from TDHS) (accessed November 8, 2026)
- TDHS, "2026 Child Care Licensure Rules" – Tenn. Comp. R. & Regs. 1240-04-01, Licensure Rules for Child Care Agencies (TDHS-hosted copy, footer "February, 2026 (Revised)"; amendments effective November 20, 2025 and, for .06, February 8, 2026). All 1240-04-01 rule text on this page is from this document. (accessed November 8, 2026)
- TDHS Child Care Services page ("Notice of Rules Changes"; links the 2026 rules and Find Child Care) (accessed November 8, 2026)
- TDHS Child Care Licensing Rules Guidance (FAQ interpretations, e.g. soft bedding until 13 months) (accessed November 8, 2026)
- TDHS Spring 2026 Child Care Newsletter (rules effective Nov 20, 2025 and "February 9, 2026"; quarterly consultant visits; capacity and enrollment as of March 31, 2026; Administrator Foundations Series) (accessed November 8, 2026)
- T.C.A. § 71-3-503, Programs and facilities exempt from licensing, as amended effective July 1, 2025 (TDHS-hosted text) (accessed November 8, 2026)
- Tenn. Comp. R. & Regs. 1240-04-05, Procedures Affecting Licenses of Child Care Agencies (Cornell LII mirror; shows amendments through 2018 only. Secondary listings indicate 2025 amendments; the current official text could not be retrieved, so dollar amounts are omitted) (accessed November 8, 2026)
- Tenn. Comp. R. & Regs. 1240-04-07-.03, Quality Rating Improvement System (Cornell LII mirror, effective June 29, 2022 text) (accessed November 8, 2026)
- Earlier (2022) text of 1240-04-01 on Cornell LII, used only to identify what the 2025–2026 amendments changed (accessed November 8, 2026)
- Tennessee General Assembly bill pages: HB 106 (2025 Pub. Ch. 135) (accessed November 8, 2026)
- HB 1663 (2026 Pub. Ch. 747), DoD-certified family child care homes (accessed November 8, 2026)
- SB 2637 (2026 Pub. Ch. 679), age 18 for teachers in Education-regulated programs for children 4 and under (accessed November 8, 2026)
- SB 2509 (2026 Pub. Ch. 980), Tennessee Child Care Red Tape Reduction Act (accessed November 8, 2026)
- SB 1683 (2026 Pub. Ch. 695), Tennessee Child Care Hosting Safe Harbor Act (accessed November 8, 2026)
- Tenn. Comp. R. & Regs. 0520-12-01, Standards for School Administered Child Care Programs (Cornell LII mirror; State Board of Education 2026 repeal-and-refile not confirmed) (accessed November 8, 2026)
- TDHS Provider Monitoring and Inspections page (four visits a year, two announced and two unannounced; 11 critical items; follow-up within 5 days) (accessed November 8, 2026)
- TDHS, Capacity, Serious Injuries, Substantiated Instances of Child Abuse, and Child Fatalities by Child Care Type, FFY 2025 (45 CFR 98.33(a)(5) report). TDHS publishes no bulk or aggregate violation data by rule number that we could find, so this page has no most-cited-rules list. (accessed November 8, 2026)
- TDHS Find Child Care search (public agency lookup) (accessed November 8, 2026)
Educational information, not legal advice. Rules change and inspectors apply them to your specific program. Always confirm requirements with your state child care licensing agency: Tennessee Department of Human Services (TDHS), Child Care Services – Child and Adult Care Licensing. How we handle your information: privacy policy.