Tennessee Daycare Regulations

Tennessee daycare regulations are spread across state statute (T.C.A. § 71-3-501 et seq.) and administrative code (Tenn. Comp. R. & Regs. Chapter 1240-04-01). The statute sets the licensing threshold and enforcement powers. The administrative code contains the day-to-day operational rules your TDHS licensing consultant checks during unannounced inspections.

Here are the regulations that matter most for home-based providers, organized by the areas that generate the most compliance failures.

Capacity and Ratio Rules

Family child care homes (5 to 7 unrelated children): a single caregiver can manage up to 7 unrelated children total, but no more than 4 may be under age 2. If related children bring the total above 7, 2 educators are required when no more than 4 are under age 2, and 3 when 5 or more are under age 2. For 7 or fewer children, 5 or more children under 2 present requires a second adult on-site. The operator's own children under age 9 count toward the adult-to-child ratios, and total capacity caps at 12 including related children.

Group child care homes (8 to 12 unrelated children): a single educator is permitted only when all children are age 3 or older. If children under 3 are present, a second educator is required for up to 9 children under age 3 with no more than 4 under age 2, and a third is mandated for 10 or more children under age 3. If 4 or more infants or toddlers are in care, they must be physically separated with a dedicated caregiver.

Tennessee uses the "youngest-child method" for mixed-age groups — the supervision requirements of the youngest child present govern the entire group.

Space Requirements

Indoor: 30 square feet of usable play space per child. TDHS excludes kitchens, bathrooms, hallways, offices, storage areas, and floor area occupied by cribs or fixed furniture from the calculation. During the Step 7 measuring visit, the Program Specialist applies this formula to set the maximum capacity on your provisional license.

Outdoor: 50 square feet of fenced outdoor play space per child using the yard at one time. If you rotate groups outdoors, the yard must accommodate the largest single group.

Safe Sleep

Infants under 12 months must sleep on their backs in free-standing, safety-approved cribs or play yards with a firm sleep surface and fitted sheet. No soft bedding, bumper pads, pillows, toys, or tight swaddling. Any exception to these safe-sleep procedures requires written authorization from a physician. Providers must physically check each infant every 15 minutes — touching to verify breathing and body temperature — and log each check with a signature. This safe sleep log is one of the first documents inspectors review.

Daily Health Screenings

Every child must be inspected at arrival for signs of illness or physical injury. Any marks, bruises, or cuts must be documented on the intake log, along with the parent's explanation. Children showing signs of communicable illness must be isolated in a separate area of the home until a parent picks them up.

Record-Keeping

Licensed providers must maintain on-site files that are available for review at any unannounced inspection:

• Current immunization records on the state form for every enrolled child
• Signed parent authorization for emergency medical care
• Written release plan identifying every person authorized to pick up each child
• Daily sign-in and sign-out sheets with the child's printed name, date, arrival and departure times, and the signature of the parent or authorized person
• Written transportation agreements for daily pick-up and drop-off
• Written consent for each off-site activity or field trip
• A written action plan (endorsed by a physician) for any child with a life-threatening allergy
• A documented staff drug-testing policy
• Emergency procedures posted near the primary exit

Smoking and Environmental Rules

Smoking is prohibited inside the home and in any vehicle used to transport children, regardless of whether children are present. Personal belongings of staff and household members — purses, backpacks, medications, keys — must be stored in a locked location that children cannot access.

Field Trip Ratios

During off-site activities, the adult-to-child ratio must be increased by one additional adult beyond the standard requirement. Attendance must be documented at departure, arrival, the start and end of each activity, and upon returning to the home.

Inspection Frequency

TDHS conducts unannounced inspections at least four times per year. At the end of each operating day, the provider must conduct a visual sweep of all areas of the home and outdoor grounds to verify no child remains on the premises.

The Tennessee Home Daycare Licensing Guide translates these regulations into step-by-step checklists so you can self-audit before your first inspection.

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