(1) The provisions
of this Rule apply to individuals classified as perpetrators of any form of
abuse or neglect in a substantiated report who pose an immediate threat to the
health, safety, or welfare of a child or children to whom the alleged
perpetrator has access.
(2) As soon
as reasonably possible, the Commissioner's designee shall conduct an emergency
file review to determine if an individual identified in a substantiated report
as a perpetrator of any form of abuse or neglect poses an immediate threat to
the health, safety, or welfare of a child or children to whom the individual
In completing an
emergency file review, the Commissioner's designee shall determine whether the
substantiated report should be upheld, and whether there is an immediate threat
to the health, safety, or welfare of a child or children to whom the alleged
perpetrator has access.
(a) If both factors
are met, the Department shall then follow the procedures set forth in
paragraphs (4), (5) and (6) of this Rule.
(b) If no such immediate threat exists, the
Department shall not immediately reveal the alleged perpetrator's
As soon as
reasonably possible, the Department shall notify in writing both the alleged
perpetrator and the organization or person with whom the individual is
associated, if the Commissioner's designee determines the alleged perpetrator
poses an immediate threat to the health, safety, or welfare of a child or
children to whom the individual has access.
A statement that the
organization or person with which the individual is associated shall receive
notice of the Department's determination. The notice shall contain the
1. That the organization or person
shall ensure that the individual is not a threat to the safety of any child in
their care; and
2. That the
individual has been notified of his or her rights to a hearing on the
allegations, and that the organization or person shall be notified of the final
decision regarding the allegations.
If the individual fails timely to request
a hearing absent good cause, the individual shall waive his or her right to a
hearing. The Department's substantiated report regarding the individual shall
then be available for dissemination, in accordance with these rules, to any
associated organization or associated person and the individual's identity
shall be placed in the registry. The Department must receive the request for a
hearing within the time frame set out in Rule
for the request to be considered timely.
Tenn. Comp. R. &
rule filed September 13, 1988; effective October 28, 1988. Rule assigned a new
control number, removed and renumbered from 1240-07-09-.05 filed and effective
March 25, 1999. Repeal and new rule filed September 11, 2006; effective
November 25, 2006. Emergency rule filed July 19, 2013; effective through
January 15, 2014. On January 16, 2014, the rule reverted to its previous
status. Amendments filed October 6, 2017; effective
Authority: T.C.A. §§
37-1-612, 37-1-616, 37-5-101,
37-5-105, 37-5-106, 37-5-107, 37-5-112, 37-5-112(a), and 37-5-512(a).