(a) It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care programs or suspected child care programs.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 49-1-1106

  • Child care: means the provision of supervision, protection and, at a minimum, the basic needs of a child or children for three (3) or more hours a day, but less than twenty-four (24) hours a day. See Tennessee Code 49-1-1102
  • Child care program: means any place or facility operated by any person or entity that provides child care for children in a before or after school based program operated by a local board of education pursuant to §. See Tennessee Code 49-1-1102
  • Department: means the department of education. See Tennessee Code 49-1-1102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b)

(1) The department is given the right of entrance, privilege of inspection, access to accounts, records and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations.
(2) If refused entrance for inspection of a certified or suspected child care program, the chancery or circuit court of the county where the approved or suspected child care program may be located may issue an immediate ex parte order permitting the department’s inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing the order and inspection. Refusal to obey the inspection order may be punished as contempt.
(3) Except where court orders prohibit or otherwise limit access, parents or other caretakers of children in the care of a child care program certified pursuant to this part shall be permitted to visit and inspect the facilities and observe the methods for the care of their children at any time during which the children are in the care of the program and, except those records of other children and their parents or caretakers, shall further be permitted to inspect any records of the program that are not privileged, or are not otherwise confidential, as provided by law or regulation, and the parents’ or caretakers’ access for these purposes shall not be purposely denied by the program.
(c) Any violation of the rights given in this section is a Class A misdemeanor.
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