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SB 1288

Human Services, Dept. of - As enacted, makes various changes to the licensing exemption categories for programs and activities that fall within the definition of a child care agency; makes related changes, such as exempting home schools from licensure. - Amends TCA Title 4 and Title 71, Chapter 3, Part 5.

114th Regular Session (2025-2026)

SB 1288 broadens exemptions from child care licensure, adds many exempt categories, and requires most exempt programs to register intent with DHS.

Comp. became Pub. Ch. 135
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Bill Summary · SB 1288

Summary of Bill SB 1288 (Session 114) – Tennessee

Purpose and Intent

SB 1288 aims to redefine and expand the exemptions from licensure for programs and activities that fall within the definition of a child care agency overseen by the Tennessee Department of Human Services (DHS). The bill broadens exemptions, creates new exempt categories (such as certain school-related programs, religious programs, and youth activities), and requires many exempt programs to register their intent to operate as exempt entities. It also clarifies and tightens criteria for various exempt care categories.

Key Provisions and Changes

  • Definition of Drop-in Center (Section 1):

    • Recasts the definition of a drop-in center that provides care for 15 or more children with non-relative primary caregivers.
    • Specifies operating hours, including a cap of 20 total hours per week during regular periods, with allowances for evenings/weekends.
    • Limits staff training requirements to basic health and safety, plus child abuse/neglect detection and reporting.

  • Expanded Exemption Categories (Section 2):

    • Creates a broad framework listing categories of exempt care, including:
    • Health/mental health providers regulated by state/federal agencies serving children.
    • Preschool or school-age programs regulated by the Department of Education or other state bodies.
    • Private/parochial kindergartens aligned with public school schedules.
    • Church-operated child care centers regulated by the Department of Education.
    • Educational programs meeting defined criteria (aimed at school advancement or specialized tutoring; capped hours; registered and approved; recordkeeping requirements).
    • Parents’ Day Out (religious institutions): limited hours, on-site custodial care, registration, on-site emergency records, and per-location separation of campuses.
    • Parents’ Night Out or similar special events (occasional, up to 14 days/year; licensee notification if provided by a licensed agency).
    • Recreational programs (primarily recreational, with staffing qualifications, limited daily/weekly participation, on-site records, and age restrictions).
    • Camp programs (summer or school-calendar breaks, developmentally appropriate, registered and approved, with attendance records).
    • Gym Care (on-site at gyms/recreation centers; on-site parent presence; time limits; registration and recordkeeping).
    • Tennessee Professional Sporting Event Care (on-site during home games; restricted to players/coaches’ families; registration and recordkeeping).
    • Casual care (5–14 children, non-relatives, limited weekly/daily hours; mandatory registration, detailed records; and penalties for non-compliance).
    • Additional provisions for YMCA/Boys & Girls Clubs to participate in exempt status or licensed regulation with waivers on groupings/ratios where applicable.

  • Registration and Compliance (Section 2, Subsection b):

    • Exempt programs (except certain categories) must register intent with DHS, post a sign indicating non-licensure, and obtain written approval, with documentation requirements.

  • Non-Exemption Conditions (Subsection c):

    • DHS may deny exemptions if the program is primarily child care or if exemption would bypass licensure requirements.
    • Exemption does not relieve other local/state/federal compliance.

  • Loss of Exemption (Subsection d):

    • A program meeting exempt criteria but failing to comply loses exemption and becomes subject to licensure.

  • Rulemaking and Effective Date (Sections 3–4):

    • DHS may promulgate rules under the Uniform Administrative Procedures Act.
    • Effective date: July 1, 2025.

Who Is Affected

  • Child care providers and centers currently operating under DHS licensure or exemptions.
  • Programs often categorized as “exempt” (educational, recreational, camp, gym, religious-affiliated care, parents’ night out, etc.).
  • Home schools and church-related school programs receive clarified exemption status.
  • Entities such as YMCA/YWCA and Boys & Girls Clubs may pursue exemption or licensing paths with potential waivers.

Procedural and Timeline Aspects

  • Requires DHS to register exempt programs and provide written determinations of exemptions.
  • New categories and requirements gravitate toward pre-operational approval (written approval before offering services).
  • Effective date set for July 1, 2025, to align implementation with the next fiscal/administrative cycle.
  • DHS is authorized to promulgate implementing rules under the Uniform Administrative Procedures Act.

Fiscal Impact

  • DHS notes: NOT SIGNIFICANT.
  • Expected modest administrative adjustments; costs for compliant private registration fall on private entities, not state/local governments.
  • No anticipated substantial changes in licensure revenue.

Compiled from official sources — confirm details with the bill’s official record.

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