Amends TCA Title 4; Title 5; Title 6; Title 7; Title 9; Title 37; Title 38; Title 39; Title 49; Title 50; Title 55; Title 67; Title 68 and Title 71.
ON APRIL 7, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2730, AS AMENDED. AMENDMENT #1 rewrites this bill and adds requirements in regard to child care agencies as follows: (1) This amendment requires, on or after July 1, 2022, an applicant seeking a license, including renewal of an existing license, for a child care agency that provides residential child care to disclose all contracts and agreements, including contract or agreement amendments, with third parties through which the applicant intends to provide placement, housing, or care services for children in this state. (2) This amendment requires the department of children's services to revoke the license that provides residential child care, if the department determines at any time that in a period of one year, the greater of two employees or 3 percent or more of facility employees have been charged with a criminal offense for conduct alleged to: (A) Have occurred on the premises of the agency; (B) Be in connection with the agency employee's job responsibilities; or (C) Involve a child served by the agency. (3) For purposes of the provisions described above in (2), this amendment defines "employee" to include a person who directly interacts with children served by the agency to provide services on behalf of the agency, regardless of whether the person is an employee, independent contractor, or volunteer. (4) This amendment prohibits a person who has served as full or part owner or director, or as a member of the management, of a child care agency with a license revoked pursuant to the provisions described above in (2) from receiving a license to operate a child care agency for one year following the date of the revocation. (5) This amendment requires an approved or suspected child care agency that provides, or is suspected of providing, residential child care to provide a census of the number and names of children currently in the agency's care, if the department makes a request for such census. (6) Under this amendment, upon the escape or disappearance of a child in the care of an approved child care agency, the agency must immediately report the disappearance of the child to the department and the chief law enforcement officer of the county in which the agency is located. This amendment requires the agency to designate an individual who is responsible for making the required reports. An individual so designated by the agency who intentionally fails to comply with the reporting requirement commits a Class B misdemeanor. (7) Under present law, each child care agency must make an annual report of its work to the department. This amendment requires an agency that provides residential child care to include the following in its annual report: (A) The number of children who have been under the agency's care during the license period; (B) The disposition of children for whom care has been transferred to an individual or entity during the license period, including, but not limited to: (i) The number of children for whom care has been transferred; (ii) The state and county where each child was adopted or transferred; and (iii) The reason for the transfer, including whether the child was placed in foster care or with a family member; and (C) Any contracts or agreements with third parties, including contract or agreement amendments, through which the child care agency has agreed to provide placement, housing, or care services for children.
ON APRIL 7, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2730, AS AMENDED. AMENDMENT #1 rewrites this bill and adds requirements in regard to child care agencies as follows: (1) This amendment requires, on or after July 1, 2022, an applicant seeking a license, including renewal of an existing license, for a child care agency that provides residential child care to disclose all contracts and agreements, including contract or agreement amendments, with third parties through which the applicant intends to provide placement, housing, or care services for children in this state. (2) This amendment requires the department of children's services to revoke the license that provides residential child care, if the department determines at any time that in a period of one year, the greater of two employees or 3 percent or more of facility employees have been charged with a criminal offense for conduct alleged to: (A) Have occurred on the premises of the agency; (B) Be in connection with the agency employee's job responsibilities; or (C) Involve a child served by the agency. (3) For purposes of the provisions described above in (2), this amendment defines "employee" to include a person who directly interacts with children served by the agency to provide services on behalf of the agency, regardless of whether the person is an employee, independent contractor, or volunteer. (4) This amendment prohibits a person who has served as full or part owner or director, or as a member of the management, of a child care agency with a license revoked pursuant to the provisions described above in (2) from receiving a license to operate a child care agency for one year following the date of the revocation. (5) This amendment requires an approved or suspected child care agency that provides, or is suspected of providing, residential child care to provide a census of the number and names of children currently in the agency's care, if the department makes a request for such census. (6) Under this amendment, upon the escape or disappearance of a child in the care of an approved child care agency, the agency must immediately report the disappearance of the child to the department and the chief law enforcement officer of the county in which the agency is located. This amendment requires the agency to designate an individual who is responsible for making the required reports. An individual so designated by the agency who intentionally fails to comply with the reporting requirement commits a Class B misdemeanor. (7) Under present law, each child care agency must make an annual report of its work to the department. This amendment requires an agency that provides residential child care to include the following in its annual report: (A) The number of children who have been under the agency's care during the license period; (B) The disposition of children for whom care has been transferred to an individual or entity during the license period, including, but not limited to: (i) The number of children for whom care has been transferred; (ii) The state and county where each child was adopted or transferred; and (iii) The reason for the transfer, including whether the child was placed in foster care or with a family member; and (C) Any contracts or agreements with third parties, including contract or agreement amendments, through which the child care agency has agreed to provide placement, housing, or care services for children.
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