Section 0250-04-07-.06 - STAFF(1) General Qualifications. The quality of services which is given in a maternity home is dependent upon the quality of the staff. In the maternity home staff, the mother shall find understanding, confidentiality, and objective help in facing her immediate problems and in making constructive plans for herself and her baby. Consequently, it is important for staff members to understand individual behavior. This requires people who can accept the hostile, bitter, hurt clients as well as those who are able to establish warm, friendly relationships. The staff's attitudes, especially those related to unmarried parenthood, are as important as such essential qualities as intelligence, good character, maturity, judgment, personality, training, and experience.
(2) Agency employees shall be persons of good character. They shall possess the health, emotional stability and ability necessary to carry out their assigned duties.(3) Screening; exclusions for certain crimes. (b) Any person (1) associated in providing care or ancillary services in any manner within a child welfare program or (2) who is a family member or other person residing in the agency, or (3) is a person with unrestricted access to children in the agency as determined by the Department of Children's Services, who is identified to the agency based on an investigation of child abuse or child sexual abuse by the Department of Children's Services as a validated or indicated perpetrator of such abuse of a child or who is currently charged with, has been convicted or, or pled guilty in any manner to a crime involving a child or who has pled guilty to any lesser offense derived from an original offense involving a child, shall not be employed or work as a caregiver or have access to or contact with children within the program operated by a child welfare agency. An employee or volunteer who has been identified by the department as having neglected a child based on an investigation conducted by the department pursuant to a report of harm, and who has not been criminally charged or convicted or pled guilty as stated above, shall be supervised by another adult while providing care for children.(c) A person who is currently charged with, has been convicted of, or has pled guilty in any manner to a crime of violence against another person or has pled guilty to any lesser offense derived from a crime of violence against another person, or any offense involving the manufacture, sale, distribution, or possession of any drug shall not work as a caregiver or have any contact or access to children within the program operated by a child welfare agency.(4) An agency shall obtain at least three (3) references attesting to the character, integrity, and ability to perform tasks required for the positions. One of these references must be from a former employer.(5) A report of a physical examination completed within no more than six (6) months prior to hire date shall be on file for all employees. The resident children of staff shall also have on file an initial medical statement of good health or a physical exam.(6) Prospective Employees (After effective date of the standards.) The tuberculin skin test is recommended for initial screening and should be done within ninety (90) days prior to employment. Prospective employees who are known to have a positive tuberculin reaction or who refuse to have a tuberculin test shall receive a chest x-ray and, if necessary, other tests within ninety (90) days of employment. If infectious tuberculosis is ruled out, no future certification is required during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.
(7) Current Employees(a) Current employees who have already presented certification of a negative tuberculin skin test will require no future certification during their employment, unless persistent pulmonary symptoms develop or there is contact to tuberculosis.(b) Current employees who are tuberculin reactors and whose certification was based on a chest x-ray will require no future certification during their employment unless persistent pulmonary symptoms develop or there is contact to tuberculosis.(8) Staff Records (a) Records on all staff members and information on applicants for jobs must be kept in a locked file at the agency. They must include: an application, reports from three (3) references, one of whom must be a former employer, a physical examination, when required, including tuberculin test, a record of participation in orientation and training activities, a record of positions held by the person during employment at the agency, record of leave, and date and reason for termination.(b) In addition to the above, copies of an annual evaluation of the quality of work done by the person while in the agency must be kept in his personnel record. These evaluations must be prepared by the administrator, assistant to the administrator or by the person directly responsible for the supervision of the employee. If not conducted by the administrator, it must be approved by the administrator.(c) Staff shall have access to their personnel records as afforded to them by law.(9) Staff Development (a) Agencies must provide new staff with an orientation program that thoroughly acquaints the new employee with agency philosophy, policies, and procedures specifically including confidentiality procedures. This program must be under the supervision of qualified staff and appropriate to the position being assumed by the new employee.(b) A program of in-service training must be developed which provides staff with a minimum of six (6) hours in-service training annually. Attendance at conferences and workshops may be included as part of the six (6) hours minimum requirement.(c) Participation in these activities must be documented in personnel files.(10) The Executive Director or Administrator (a) The executive director or administrator must be selected and appointed by the Governing Board and be accountable to the board for satisfactory performance of duties.(b) The executive of a maternity home shall be a college graduate with at least two (2) years administrative or supervisory experience.(c) If the executive director or administrator is responsible for technical supervision of casework staff, he or she shall meet the qualifications for casework supervisor.(d) The executive director or administrator must be responsible for: 1. Attending board meetings and participating in all planning for the agency.2. Seeing that the agency keeps accurate statistical reports that give the complete scope of the work of the agency.3. Seeing that monthly and annual reports on forms furnished by the Tennessee Department of Children's Services are submitted, as well as any special reports that may be required from time to time.4. Preparing the agency's budget in cooperation with the board and operating the agency within the budget approved by the board.5. Selecting, employing, training, and discharging all staff and supervising the daily management of the agency if another person has not been delegated the responsibility.6. Communicating to the board information on the operation of the agency, unmet needs, and modern methods regarding child care services.7. Implementing the policies of the board and bringing to the board's attention areas which require modification or change, and interpreting the agency's program to the community and giving professional leadership to the board in doing this job.8. Maintaining adequate records on the administrative and fiscal operation of the agency.9. The executive director or administrator must hold staff meetings at regular intervals and discuss plans and policies with his staff. He/She must secure adequate clerical staff to keep correspondence, records, bookkeeping, and files current and in good order.(11) Casework Director or Supervisor(a) The casework supervisor or director shall be a graduate of an accredited graduate school of social work or related field. He/She must have a minimum of two (2) years of experience in a social service related agency and must have demonstrated supervisory ability.(b) Each caseworker shall receive supervision, and there must be a supervisor for every five (5) caseworkers.(c) If the executive is qualified as a casework supervisor, then no more than three (3) workers shall constitute a maximum supervisory load.(d) Casework supervision can be provided by the agency itself or by entering into written agreements and/or contracts with qualified individuals, and/or public or private agencies qualified to provide such services.(12) Caseworker(a) The caseworker must be a graduate of an accredited four (4) year college or university with a major in social work or a related field such as psychology or sociology.(b) If only one caseworker is employed, the qualifications for a casework supervisor shall be met.(c) There may be agencies which are in the developmental stage or which limit their services to few residents. When it is not feasible for such an agency to employ full-time casework staff, provision for part-time casework staff shall be made in the following manner. There shall be ten (10) hours per week of casework services for each increment of eight (8) residents served. There shall be specific provision for weekly office hours and for emergencies. Part-time staff shall meet the qualifications for full-time staff.(d) It is the responsibility of the caseworker to carry out the responsibilities set forth in the Agency Services section.(13) Resident Staff(a) It shall be the role of the resident staff to provide supervision of day-to-day activities of the home.(b) The resident staff shall work under a trained supervisor.(c) The resident staff shall have at least a high school diploma or its equivalent (GED). Tasks shall be assigned appropriate to their competence.(d) Relief for Staff 1. Relief for resident care staff shall be arranged to provide continuity of supervision for the residents.2. Every full-time staff member shall have the equivalent of at least two days off each week.(14) Clerical Staff (a) Each maternity home shall have at least one (1) part-time clerical person on its staff.(b) There shall be sufficient stenographic and clerical service to keep correspondence, records, bookkeeping system and files current and in good order.(15) Housekeeping Staff Housekeeping staff shall be employed as needed for cleaning and maintenance.
(16) Staff-Resident Ratio There shall be minimum of two (2) -staff persons on duty at all-times with provisions made for emergencies.
(17) Volunteers (a) For purposes of these standards a volunteer shall be considered to be any person providing assistance to the agency without remittance who has direct, and ongoing contact with the residents. Volunteers shall have the same qualifications as paid staff performing comparable duties.(b) If any volunteers are used, a process of application and screening shall be established in the agency to ensure that volunteers are of such character and competence as to meet the agency's needs.(c) A program of ongoing training and orientation to the philosophies and practices of the agency shall be provided each volunteer within the agency.(d) Adequate supervision of volunteers shall be provided by paid staff.(e) An individual file including the application to participate as a volunteer, three letters of reference, and a declaration of good health shall be maintained by the agency on each volunteer. The files must document participation in child sexual abuse training.Tenn. Comp. R. & Regs. 0250-04-07-.06
Original rule filed February 28, 1983; effective May 16, 1983. Repealed and new rule filed August 14, 1990; effective September 28, 1990. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-4-7-.06 filed and effective March 25, 1999.Authority: T.C.A. §§ 4-5-226(b)(2);37-1-403; 37-1-605; 37-1-612; 37-1-616; 37-5-101; 37-5-105; 37-5-106;37-5-112(a); 71-1-105; 71-3-501 through 71-3-531 and 17-1-603.