Rules & Regulations of the State of Tennessee Title 0250 - Children's Services
Title 0250 – Children’s Services (Tennessee)
Title 0250 governs the Department of Children’s Services (DCS) and its programs for protecting children, licensing child‑care facilities, and regulating social services. It is based on statutes like T.C.A. §§ 37‑5‑101 et seq., which give DCS authority to protect children from abuse and neglect.
I. Structure of Title 0250
0250‑04 – Standards for Regulated Institutions
Covers licensing and operation of child‑placing agencies, group homes, maternity homes, and residential care facilities.
Establishes staffing, safety, and program standards.
0250‑05 – Administrative Procedures Division
Sets rules for hearings, appeals, and procedural rights for facilities, parents, or individuals involved in DCS cases.
0250‑06 – Administrative Services Division
Internal DCS administrative rules, including personnel, reporting, and operations.
0250‑07 – Social Services Division
Governs reporting of abuse or neglect, classification of reports, record handling, and client services.
II. Key Regulatory Requirements
1. Licensing of Facilities
Child-Placing Agencies: Must meet standards for screening staff, training, financial stability, and procedures for foster/adoptive placements.
Group Homes & Family Boarding Homes:
Limits on number of children (usually 12 unrelated children per home).
Required adult-to-child staff ratios.
Annual licensing and periodic inspections.
Child Abuse Prevention Agencies: Must have written policies, trained staff, and internal monitoring to prevent abuse.
2. Standards of Care
Discipline: Corporal punishment is prohibited. Facilities must have written policies that protect children’s physical and emotional health.
Health & Safety: Facilities must meet hygiene, medical, and safety standards, including fire and emergency preparedness.
Reporting Abuse/Neglect:
Mandatory for all staff.
Procedures include immediate reporting to DCS and cooperation with investigations.
3. Social Services & Recordkeeping
DCS classifies reports as “substantiated,” “indicated,” or “unfounded.”
Individuals listed as perpetrators have rights to administrative hearings before final classification.
Records are confidential and may only be released under regulated circumstances, such as court orders or authorized investigations.
III. Case Law Examples
1. Fitzpatrick v. Tennessee Department of Children’s Services
Addressed the classification of individuals as “indicated” for child abuse.
Court held that DCS must have substantial evidence to support classifications.
Emphasized administrative due process rights under Title 0250.
2. Jacobson v. Tennessee Department of Children’s Services
Involved requests for confidential DCS records related to child investigations.
Court upheld DCS’s right to maintain confidentiality according to Title 0250 rules.
Demonstrates balance between transparency and child privacy.
3. Elijah W. v. DCS (2025)
Challenged DCS finding placing a person on the Abuse Registry.
Court ruled trial courts cannot reweigh evidence; they must defer to DCS findings if supported by substantial evidence.
Reinforces that Title 0250 rules govern administrative review procedures.
4. John Doe v. Commissioner of DCS (2002)
Challenged an administrative finding of abuse in a school setting.
Court emphasized proper forum for administrative review under Title 0250 and statutory procedures.
IV. Practical Takeaways
Who Must Comply: All licensed child welfare facilities and individuals working with children in Tennessee.
Purpose: Protect children, standardize care, provide due process for accused individuals, and ensure confidential handling of sensitive information.
Legal Principles:
DCS must act within statutory authority.
Administrative decisions must be supported by substantial evidence.
Individuals have rights to hearings, review, and appeal.
Records and classifications are subject to strict confidentiality rules.
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