The following entities, facilities or programs are excluded from licensing or approval as child care agencies pursuant to this part:

(1) All child care regulated by the departments of education or human services;
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Terms Used In Tennessee Code 37-5-503

  • Child: means :
    (i) A person under eighteen (18) years of age. See Tennessee Code 37-5-103
  • Child care: means the provision of supervision, protection and the basic needs of a child for twenty-four (24) hours a day including the provision of such temporary services to a child awaiting placement in permanent care. See Tennessee Code 37-5-501
  • child care agency: includes "child abuse agency" "child caring institution" "child placing agency" "detention center" "family boarding home or foster home" "group care home" "maternity home" or "temporary holding resource" as defined in subsection (b). See Tennessee Code 37-5-501
  • children: means a person or persons under eighteen (18) years of age. See Tennessee Code 37-5-501
  • Department: means the department of children's services. See Tennessee Code 37-5-501
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(2) Public or private summer day camps or overnight camps such as those operated by the Boy or Girl Scouts, the YMCA or YWCA, by church or religious organizations or by organizations representing disabled children that operate less than ninety (90) days per year and other similar businesses or programs as determined by the department;
(3) Entities or persons licensed or otherwise regulated by other agencies of the state or federal governments providing health, psychiatric or psychological care or treatment or mental health care or counseling for children while the entity or person is engaged in such licensed or regulated activity;
(4) Schools and educational programs and facilities, the primary purpose of which is to provide a regular course of study necessary for advancement to a higher educational level or completion of a prescribed course of study, and that may, incident to such educational purpose, provide boarding facilities to the students of such programs; provided, that boarding schools that provide services intended to correct or ameliorate behaviors of youth that prevent or inhibit their ability to function normally in their home, community, or school, or agencies serving children as an alternative to their remaining in a dysfunctional or harmful home environment, shall not be exempted from licensure as a child care agency under this part; and
(5) Orphanages or other similarly designated homes affiliated with, funded, and operated by a church or religious organization, which homes receive their principal financial support from such church or religious affiliation in counties having a population of not less than twelve thousand three hundred (12,300) nor more than twelve thousand three hundred fifty (12,350), according to the 1970 federal census.
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