APPENDIX A FIRE AND LIFE SAFETY REQUIREMENTS Group Care Homes AND Family Boarding Homes Group care homes, which can serve up to twelve (12) children, require the annual inspection and approval of the State Fire Marshal’s office. A representative of his office will inspect group homes at the request of the Tennessee Department of Children’s Services Licensing Unit. The State Fire Marshal’s office has representatives that serve all areas of the state. His office has also delegated specific local fire departments as qualified to make these inspections. The licensing unit is kept aware of the approved list, and will also request the inspections from these approved local fire departments. Family boarding homes, which serve up to six (6) children, do not require an annual inspection from the State Fire Marshal’s office, or from an approved local fire department inspector. A check list has been developed by the Fire Marshal’s office that is used annually by the licensing consultants in determining the fire safety of these small facilities. Group care homes will be inspected under the current Life Safety Code 101, Chapter 21, Residential Board and Care Occupancies, and Chapter 20, Lodging or Rooming Houses, or as it may be amended for facilities housing groups capable of prompt evacuation as indicated in 21-2.2.2.1. AND FAMILY BOARDING HOMES APPENDIX B ENVIRONMENTAL STANDARDS FOR CHILD CARE HOMES

1. (1) FOOD SANITATION. Food Service under a child-caring facility shall be considered a single food service operation whether operated as a central dining facility or in multiple units of that facility. Facilities shall comply with state and local food service codes or regulations where applicable; otherwise the following standards shall be met for food sanitation:

   1. (a) All food shall be from sources approved or considered satisfactory by the health authority. The use of hermetically sealed containers (home canned food) is prohibited.
   2. (b) All milk and fluid milk products including dry milk and dry milk products shall be from a Grade A pasteurized source.
   3. (c) Raw fruits and vegetables shall be washed before being cooked or served.
   4. (d) Poultry, poultry stuffings, stuffed meats, and stuffings containing meat shall be cooked to heat all parts of the food to at least 165 Fahrenheit with no interruption of the cooking process. Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 Fahrenheit.
   5. (e) If a family style feeding process is used at a facility, all left-over food from the eating table shall be discarded. Milk and food used in family style feeding shall not be placed on the dining table longer than 15 minutes prior to beginning of the meal. Food intended for family style feeding that has not been placed on the dining table and maintained at acceptable temperatures may be used at another meal, provided it is covered, refrigerated properly, reheated properly, and used promptly.
   6. (f) Potentially hazardous foods requiring cold storage shall be maintained at 45 Fahrenheit or above. Frozen foods shall be maintained at a temperature of 10’ Fahrenheit or below. Thermometers are required in all freezers and all other cold storage equipment.
   7. (g) Milk and other potentially hazardous foods shall be kept in the proper temperature ranges, and be protected properly, except during necessary periods of preparation.
   8. (h) All foods, including dry foods, shall be stored in a manner to prevent possible contamination, and permit easy clearing of the storage area. Containers of food shall be stored a minimum of six (6) inches above the floor or on movable dollies.
   9. (i) All food shall be protected from contamination during storage, preparation, transportation, and serving.
   10. (j) No poisonous or toxic materials except those required to maintain sanitary conditions and for sanitization purposes may be used in the food service operation. Poisonous and toxic materials shall be identified, stored, and used only in such manner and under such conditions as will not contaminate food or constitute a hazard to population of a facility.
   11. (k) All equipment and utensils shall be so designed and constructed of such material and workmanship as to be smooth, easily cleanable, and durable. Equipment and utensils shall be in good repair.

2. (1) The food-contact surfaces of equipment and utensils shall be easily accessible for cleaning and be of non-toxic, corrosion resistant, and non-absorbent materials.

   1. (m) All equipment shall be installed and maintained to facilitate the cleaning thereof and of all adjacent areas. AND FAMILY BOARDING HOMES
   2. (n) All eating and drinking utensils shall be thoroughly cleaned and sanitized after each use with the exception of single service utensils which shall be discarded following use.
   3. (o) Single-service articles shall be made from non-toxic materials and shall be stored, handled, and dispensed in a sanitary manner.
   4. (p) All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food-storage utensils, shall be thoroughly cleaned and sanitized after each use.
   5. (q) Cooking surfaces of equipment shall be cleaned at least once a day.
   6. (r) All utensils and food-contact surfaces of equipment used in the preparation, transportation, service, display, or storage of potentially hazardous food shall be thoroughly cleaned and sanitized after each use.
   7. (s) Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of material and in such repair as to be easily maintained in a clean and sanitary condition.
   8. (t) All food-contact surfaces of equipment and utensils shall be stored and handled by methods that protect them from contamination by splash, dust, and other means.
   9. (u) In facilities defined by the Department of Children’s Services as existing, a two-compartment sink can be used for washing and rinsing utensils, provided an additional container or sink be used for sanitization of the utensils. For facilities defined by the Department of Children’s Services as new, a threecompartment sink is required when manual dishwashing procedures arc utilized for washing, rinsing, and sanitization of utensils. Domestic type dishwashing machines are acceptable provided the temperature at the utensil surface be 160’ Fahrenheit after the end of one complete cycle. If Fahrenheit is not obtained at the end of one complete cycle, an additional rinse of utensils shall be provided in a separate container or sink. Facilities which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.

3. (2) WATER SUPPLY.

   1. (a) The drinking water supply serving child-care facilities shall be from a source approved by the health authority having jurisdiction.
   2. (b) There shall be sufficient hot and cold water under pressure to supply the daily needs of a child- care facility.
   3. (c) An approved drinking fountain or individual single service paper cups shall be provided in rooms or adjacent to rooms regularly occupied by the residents.
   4. (d) All equipment shall be clean and in good repair.

4. (3) SEWAGE DISPOSAL AND PLUMBING.

   1. (a) A private sewage disposal system at a facility shall be operating satisfactorily.
   2. (b) When the private sewage disposal system at an existing facility fails and where a public sewage system is available, the facility shall be connected.
   3. (c) All plumbing shall be installed to prevent the possibility of cross-connection, back siphonage, or sewage leaks.

5. (4) SOLID WASTE. AND FAMILY BOARDING HOMES

   1. (a) An adequate number of suitable storage containers approved by local health authorities shall be provided and shall be kept clean and in good repair.
   2. (b) Garbage and refuse storage areas shall be kept clean.
   3. (c) Storage containers, other than bulk, shall be secured properly to prevent spillage.
   4. (d) Garbage deposited in outside bulk storage shall be in fly-tight containers (example, plastic bags).
   5. (e) All garbage shall be removed from the building daily.
   6. (f) Garbage and rubbish shall be collected from the premises at least twice weekly.
   7. (g) At facilities where twice weekly collection is not provided, all garbage and rubbish shall be disposed of in a manner acceptable to the health authority having jurisdiction (supplement collection by individuals hauling, acceptable burying, etc.).
   8. (h) Combustible rubbish may be burned, provided such burning meets all local and state laws and regulation relative to incinerators, incineration, and air pollution.

6. (5) TOILETS, HANDWASHING AND BATHING.

   1. (a) One flush toilet, one handwashing facility, and one tub or shower for every four children shall be provided.
   2. (b) All facilities shall be approved, in good repair, and clean.
   3. (c) A tightly covered container with plastic liner shall be used for diaper disposal and stored inaccessible to children. This container shall be emptied a minimum of twice daily by closing the liner and disposing of it into an outside garbage receptacle
   4. (d) There shall be soap, hot and cold water under pressure, and individual towels provided wherever a handwashing lavatory is located.
   5. (e) Personnel shall exercise good handwashing practices following diaper changes, the assistance of children in toilet use and personal toileting.
   6. (f) Proper adult supervision shall be exercised for use of toilet and handwashing facilities.
   7. (g) Toilet tissue shall be provided on tissue holder at each commode.
   8. (h) Handwashing and bathing water for children shall be provided under pressure at a temperature of at least 90’ Fahrenheit and not greater than 120” Fahrenheit without manual adjustment of the faucets.

7. (6) BUILDINGS.

   1. (a) Structure.

      1. 1. The building foundation, roof, walls, and window frames shall be free of visible cracks and unsealed openings to prevent entrance of insects and rodents.
      2. 2. Buildings shall be kept clean, in good repair, and painted when necessary.
      3. 3. Gutters and down spouts shall be kept clean and in good repair.
   2. (b) Materials: Facilities having any presence of friable asbestos shall have a written plan approved by the Department of Health and Environment for providing an acceptable measure of control. The plan is to include a time frame not to exceed five years. This plan is to be on file with the Department of Health and Environment.
   3. (c) Floors. Floors shall be clean and in good repair.
   4. (d) Walls and Ceilings: Walls and ceilings shall be kept clean and in good repair.

   5. (e) Doors and Windows: AND FAMILY BOARDING HOMES

      1. 1. All doors and windows shall be kept clean and in good repair (this includes screens when used).
      2. 2. Windows shall be operable unless the room is air-conditioned.
      3. 3. All windows used for ventilations shall be screened unless building is air-conditioned.

   6. (f) Bedding.

      1. 1. Where provisions are made for staying at a facility overnight, each occupant shall be provided an individual bed with acceptable mattress and waterproof cover, springs, clean linen, and clean cover.
      2. 2. Where children are kept at least six (6) hours, but not overnight, individual cots or other approved bedding with minimum two-inch (2”) thickness shall be provided and kept clean and in good repair. Clean covers are also necessary.
      3. 3. Clean individual floor mats for napping may be used instead of cots. Spacing shall be adequate to promote freedom of movement (approximately two feet (2’) between cots and mats.)

   7. (g) Lighting.

      1. 1. Natural and/or artificial lighting shall be distributed throughout the child care facility at the following ratio:
   8. (i) Classroom and playroom 25 foot candies;
   9. (ii) Food preparation surfaces, food service equipment or utensil-washing work levels, food service utensils and equipment, storage areas and in lavatory and toilet areas 20 foot candies; and
   10. (iii) Walk-in refrigeration units, dry food storage areas, other storage areas, and halls 10 foot candles.

   11. (h) Heating and Ventilation.

       1. 1. All rooms used by children shall be heated by a system capable of maintaining a temperature of 68° Fahrenheit.
       2. 2. When the outside temperature is 65° Fahrenheit or below, the temperature at child heig the facility shall be no lower than 65° Fahrenheit nor higher than 75° Fahrenheit.
       3. 3. Stoves, hot radiators, steam and hot water pipes, or other heated objects and electric in rooms used by children shall be adequately protected by screens, guards, insulation, suitable means that will protect children from coming into direct contact with them
       4. 4. Heat and ventilation units shall be clean and in good repair.

8. (7) INSECT AND RODENT CONTROL.

   1. (a) The facility shall be reasonably free from flies, other insects, and breeding sites.
   2. (b) Screens which are approved and in good repair shall be provided for all doors and windows used for ventilation purposes.
   3. (c) When air conditioning is used, doors and windows shall be, kept closed.
   4. (d) The facility shall be free of rodents.
   5. (e) There shall be no rodent harborage areas.
   6. (f) Proper supervision and caution shall be exercised according to label directions when applying approved insecticides and rodenticides.

9. (8) SAFETY. AND FAMILY BOARDING HOMES

   1. (a) Pesticides, medicines, polishes, disinfectants, and cleaning compounds shall be stored in a manner ap- proved by the local health authority.
   2. (b) Sturdy safety rails shall be provided for ramps and steps where there are three or more risers.
   3. (c) Bathtubs, if used, shall be provided with safety strips or mats.
   4. (d) Glass in hazardous locations in the facility shall be shielded when safety glass is not used. Broken glass objects shall not be permitted in any part of the building or on grounds.
   5. (e) All furniture shall be of durable construction, free of sharp projecting corners or surfaces and in good repair.
   6. (f) Grounds shall be free of hazards that are likely to cause falls.
   7. (g) Buildings and grounds shall be free of any unprotected, abandoned well, cistern, refrigerator, or similar hazards.
   8. (h) Fencing, or other acceptable barriers, shall be provided for hazardous drainage ditches, cliffs, bluffs, or other similar hazards.
   9. (i) Grounds shall have adequate drainage.
   10. (j) Adequate barriers, such as fencing, shall be provided and supervision exercised to prevent children from running on driveways, streets, or highways where a traffic hazard exists.
   11. (k) All play equipment shall be safe and in good repair.

10. (9) SWIMMING POOL.

    1. (a) Facilities located in municipalities or counties that have an adopted swimming pool ordinance or regulations shall comply with said ordinance or regulation, where applicable.
    2. (b) Facilities located in municipalities or counties that do not have an adopted swimming pool ordinance or regulation shall comply with the Hotel, Food Service Establishment, and Public Swimming Pool Inspection Act of 1985, where applicable.
    3. (c) Facilities utilizing a swimming pool on-site or at another location shall be assured of an approved lifeguard, or the number of guards required, on duty.

11. (10) CONTROL OF ANIMALS.

    1. (a) If live animals or birds are kept in classrooms as pets, they shall be caged; cages shall be kept clean. (Turtles shall not be kept as pets because (a) a proper environment is elaborate and difficult to achieve and (b) they are carriers of salmonella.)
    2. (b) In all cases, animals and birds shall not be allowed in areas of food storage, preparation, or service
    3. (c) Pets requiring vaccination against rabies shall be currently protected, evidence of which shall be on file, AND FAMILY BOARDING HOMES APPENDIX C TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES FIRE SAFETY INSPECTION REPORT FOR FACILITIES LICENSED/APPROVED BY THE DEPARTMENT OF CHILDREN’S SERVICES Name of facility _________________________________________________________________________ Street address _____________________________________Telephone number______________________________ City ________________________________ State___________________________Zip Code_____________________ Age range of children ______________________________________________________________________________ If this facility was in operation before July 1, 1973, and does not meet the State Building Code Requirements for a new building, all of the following questions must be answered “yes”.
12. (1) Is wood frame construction restricted to two stories in height?………………………pYes p No
13. (2) Are children housed only on the first floor level?…………………………………………pYes p No
14. (3) Does each building used for child care purposes have access to two outside exits?…..pYes p No
15. (4) Access from the room door to the two outside exits must not have a dead end distance of more than 20 feet measured from the room door used by the children to the point at which two separate outside exits can be reached. Does facility comply with this requirement?………………………………………………………pYes p No
16. (5) If this building is used for purposes not tinder the control of the operator, are all rooms and spaces used for child care purposes separated from the rest of the rooms by one-hour fire-rated walls and solid core doors? ……………….……….pYes p No
17. (6) Does this facility have at least one unannounced fire drill monthly?………………….pYes p No
18. (7) Are all employees informed of their duties during a fire drill?………………………...pYes. p No
19. (8) Does the facility have one UL smoke detector for every 900 square feet?.....……….....pYes p No
20. (9) Does the facility have an approved A-B-C rated extinguisher near the kitchen?….…..pYes p No
21. (10) Do electrical outltes within childre’s reach have protective coverings?………….……pYes p No
22. (11) Are all approaches to exits kept continuously free of all obstruction?…………….…...pYes p No
23. (12) Is the building free of all unvented fuel-burning heater?……………………………....pYes p No . (13) Are all fuel-burning heaters, fireplaces, wall heaters, and portable space heaters provided with a protective screen attached securely to substantial supports?……pYes p No
24. (14) Are all stairways, hallways, and other means of exit kept adequately lighted at all times when the building is occupied ?…………………………………….…………....pYes p No
25. (15) Does the space used for child care purposes have at least one window in each room which will raise up or swing out for emergency exit?…………………………………pYes p No
26. (16) If space is partially below grade on all four sides, is there an exit with a maximum of three steps or less leading directly to the outside?....................………………….….…pYes p No AND FAMILY BOARDING HOMES
27. (17) Does the hot water heater have a safety relief valve installed?..........……….…….….pYes p No
28. (18) Are combustible materials, gasoline, or flammable liquids (paint, thinner, oil, other chemicals, etc) properly stored?.......................................……………………………pYes p No

29. (19) Does visual inspection reveal the absence of electrical hazards (overloaded electrical panel/master junction box), excessive extension cords or frayed wiring? On this date, I found this facility to be reasonably fire safe Referred to local inspector………………………………………………………….…pYes p No ________________ ________________________ (Date) (Counselor) NOTE: In areas where the Local Fire Department or Children’s Services official has responsibility for fire safety inspections, the appropriate person shall complete this form. (Children’s Services officials inspection only those facilities that have seven children or less shall use this form. 1365 HS-0122 (7-83) AND FAMILY BOARDING HOMES APPENDIX D TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES FAMILY HOME ENVIRONMENTAL SURVEY REPORT Case Number___________________ Name of Home________________Capacity_____________Census____________Phone_____________________ Street_____________________________City_____________________________County____________________ Owner/Operator__________________________________Address______________________________________ ITEMS MARKED INDICATE DEFICIENCIES AND NEEDED CORRECTIONS (1)____________ BUILDING: Structure, Floors. Walls, Ceilings, Doors, Windows in Good Repair, Clean, Cleanable. (2)____________ LIGHTING: Adequate. (3)____________ HEATING AND VENTILATION: Adequate, Safe Clean. (4)____________ TOILETS: Adequate, Clean, Good Repair. (5)____________ HANDWASHING: Soap, Towels, Tissue, Hot and Cold Water. (6)____________ BEDDING: Clean, Adequate Spacing. (7)____________ SEWAGE DISPOSAL: Adequate, Functioning Properly. Approved. (8)____________ WATER SUPPLY., Adequate, Approved, Safe (9)____________ DRINKING FACILITIES: Clean, Approved, Safe (10)___________ GARBAGE AND REFUSE: Non-absorbent Containers, Covered. Clem, Frequent Disposal. (11)___________ INSECTS & RODENTS: Absent, Screens In Good Repair, Self-closing Doors. (12)___________ SAFETY Toxic Material Stored Properly, Play Equipment, Fences, Swimming Pools, Other. (13)___________ FOOD: Source Storage, Protection, Preparation, Construction of Equipment and Utensils, Clean, Cleanable, Sanitization. (14)___________ HOUSEKEEPING: General, Clean. AND FAMILY BOARDING HOMES REMARKS AND EXPLANATION OF ITEMS MARKED:_________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ Date_________________________________Received by___________________________________________ Counselor___________________________________Results: 1. Approved:

    1. 2. Disapproved
    2. 3. Approved Pending *Used by Department of Children’s Services personnel to Inspect Family Day Homes, Family Boarding Homes, and Family Day Care Homes. 1305 HS-0116 (7-83) AND FAMILY BOARDING HOMES APPENDIX E SUMMARY OF SELECTED PROVISIONS OF THE FOSTER CARE REVIEW LAW (T.C.A. §37-2-401 et seq.)

30. (1) Preparation of the Foster Care Plan.

    1. (a) This plan must be written and must be prepared within 30 days of the child’s placement in foster care with the agency. The date of placement is defined as the original date on which the child is physically placed in foster care.

    2. (b) The plan must include a goal for each child of:

       1. 1. Return of the child to the parents;
       2. 2. Placement of the child with relatives of the child;
       3. 3. Adoption, giving appropriate consideration to T.C.A. §36-1-105(e)(1) when applicable;
       4. 4. Permanent foster care; and
       5. 5. Emancipation by marriage, court order, or the age of majority.

    3. (c) 1. In the event a child is in foster care as a result of a surrender or termination of parental rights, the agency having guardianship of the child shall prepare and submit to the foster care advisory review board or court in the county in which the child is in foster care a plan for each such child.

       1. 2. Such plan shall include a goal for each child of either:
    4. (i) Placement of the child with relatives of the child;
    5. (ii) Adoption, giving appropriate consideration to T.C.A. §36-1-105(e)(1) when applicable; and

    6. (iii) Permanent foster care.

       1. 3. Specific reasons must be included in the plan for any goal other than placement of the child with a relative of the child or adoption. Such plan shall also include a statement of specific responsibilities of the agency and the caseworker of such agency designed to achieve the stated goal.
    7. (d) The plan shall include a statement of responsibilities between the parents, agency, and caseworker of the agency. The responsibilities of each party should be specific and related to the achievement of the specific goal.
    8. (e) The initial plan must include the definitions of abandonment contained in T.C.A. §§36-1-1021 and 37-1-102 I and the criteria and procedures for termination of parental rights. Each party shall sign the statement and be given a copy of it. If the parent should fail to sign the plan, the agency shall seek ratification of the plan by the court.
    9. (f) Substantial non-compliance by the parent with the statement of responsibilities in the plan provides grounds for the termination of parental rights notwithstanding the failure of the parents to sign or to agree to such statement if the court finds that the parent was informed of its contents, and that the requirements of the statement are reasonable and are related to remedying the conditions which necessitated foster care placement.
    10. (g) At a hearing in which a court orders a child to be placed in foster care, the judge shall determine whether a foster care plan has been prepared and whether the statement of responsibilities has been agreed upon by the parties. If a statement has been agreed upon by the parties, the court shall review it and approve it if the court finds it to be in the best interest of the child. If a plan has not been prepared or parties have not agreed to a statement of responsibilities, the court may continue the hearing for such time, not to exceed thirty (30) days as may be necessary to give the parties an opportunity to attempt to agree upon a suitable plan, which may then be approved by the court without a further hearing if the court finds the plan to be in the best interest of the child. AND FAMILY BOARDING HOMES
31. (2) Disposition of the Plan. The plan is to be submitted to the juvenile court having jurisdiction over the child. If no juvenile court has jurisdiction over the child, then the plan is to be submitted to the juvenile court in the county in which the child is placed.
32. (3) Annual Update. All plans are subject to modification and shall be reevaluated and updated at least annually except when a long-term agreement has been made and approved by the court.

33. (4) Foster Care Reports.

    1. (a) In addition to the required Foster Care Plan mentioned above, each agency shall submit to the appropriate court or foster care review board a report for each child in its care on progress made in achieving the goals set forth in the plan.
    2. (b) The agency must submit a monthly listing of cases to the court to be reviewed.
    3. (c) Such reports shall be prepared by the agency having custody of the child within ninety (90) days of the foster care placement and no less frequently than every six (6) months thereafter for as long as the child remains in foster care.
    4. (d) Unless parental rights have been surrendered or terminated, a copy of this report shall be provided to the parent(s) of the child at the time it is provided to the court or board.
    5. (e) Parents must be notified by the agency of the date, place, and time of the hearing.
    6. (f) A report of the findings of the hearing or review must be provided to the parent(s) even if they do 49 not attend.
34. (5) Monitoring of Foster. Care Plan and Reports. It shall be the responsibility of all licensed or approved child-caring agencies to ensure that foster care plans and reports are prepared and submitted as directed by state law.

35. (6) Eighteen (18) Month Hearing.

    1. (a) In addition to the above-mentioned foster care plans and reports, the agency must request a hearing within eighteen (18) months of the foster care placement for each child in foster care.
    2. (b) Except in cases where the court has approved a long-term foster care agreement, as long as the child remains in foster care, subsequent hearings must be requested no less frequently than every eighteen (18) months thereafter for all children.
    3. (c) The purpose of this hearing shall be to determine the necessity of continued foster care placement, the extent of compliance of the parties with the terms of the foster care plan, the extent of progress made in achieving the goal of the plan, and the future status of the child. If the court rinds that any party has not complied with the terms of the plan, it may issue such orders as may be appropriate to enforce compliance.
36. (7) CESSATION OF REVIEW. Foster care shall cease at such time as the child is placed with an individual or individuals for the purpose of the child’s adoption by the individual or individuals or at such time as a petition to adopt is filed, whichever occurs first, or at such time as a child is returned to or placed in the care of a parent or relative, emancipated or reaches the age of majority.

Authority: T.C.A. §§4-5-226(b)(2); 37-2-401 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12); 71-3-501 et seq. and 71-3-524. Administrative History: Original rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.12 filed and effective March 25, 1999.