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Daycare guide · checked October 2026

How to start a daycare in Tennessee

In Tennessee, opening a daycare means meeting the rules of the Tennessee Department of Human Services (TDHS), Child Care Services. This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The Tennessee rules were checked in October 2026.

Who needs a daycare license in Tennessee

A program needs a TDHS license if it provides care for 3 or more hours a day to 5 or more children who are not related to the caregiver. Family child care homes care for 5-7 children, group child care homes for 8-12, and child care centers for 13 or more (Rule 1240-04-01-.02; T.C.A. §71-3-501 et seq.).

Programs that may not need a license: Programs, such as after-school programs, that do not care for 5 or more unrelated children for 3 or more hours a day do not need a license. School-administered preschool and school-age programs are regulated by the Department of Education instead of TDHS. Other exemptions include recreational programs, camps that run only in summer (under 90 days a year) or only during school breaks, Boys & Girls Clubs, and YMCA school-age programs. Most exempt programs must register with TDHS, get written approval before operating, post a sign saying they are not licensed, and keep attendance records (T.C.A. §71-3-503, as amended July 1, 2025).

Licensing agency: Tennessee Department of Human Services (TDHS), Child Care Services

Sources: Rule 1240-04-01, Licensure Rules for Child Care Agencies (TN Secretary of State, Feb 2026); T.C.A. §71-3-503, exemptions as amended July 1, 2025 (TDHS); TDHS: Procedures for Requesting an Exemption from Licensure

Staff-to-child ratios in Tennessee centers

AgesChildren per staff memberLargest group
3 years1:918
4 years1:1324
5 years1:1624
School-age (enrolled in and attending school)1:20Not set

Rule: Tenn. Comp. R. & Regs. 1240-04-01-.22(1)(c), Chart 1 (rules revised February 2026). School-age groups have no maximum group size. Chart 2 sets mixed-age ratios, for example 1:13 (group of 24) for 3-5 years and 1:20 for 5-12 years. Chart 3 allows larger combined groups during the first and last 1.5 hours of the day. Centers may exceed ratios and group sizes by up to 10% no more than 3 days a week, but never for infants or toddlers. When more than 12 children in first grade or above are present, they need their own educator, group, space, and program.

Background checks

Owners, operators, directors, employees, substitutes counted in ratio who work more than 36 hours a year, and household members 15 or older need a fingerprint-based criminal background check and a registry review no more than 90 days before they have access to the agency. The registry review covers the Vulnerable Persons Registry, the sex offender registry, and Department of Children's Services abuse/neglect records. Checks must be repeated at least every 5 years and after a break in child care employment of more than 180 days. No one may have unsupervised contact with children until cleared (Rule 1240-04-01-.07; T.C.A. §71-3-507). We did not find a separate state background check requirement for youth camps.

Sources: Rule 1240-04-01-.07 (TN Secretary of State, Feb 2026)

Reporting child abuse

Everyone in Tennessee is a mandated reporter and must report suspected child abuse or neglect immediately (T.C.A. §§37-1-403 and 37-1-605). Child care rules make each owner, director, staff member, substitute, and volunteer personally responsible for reporting. Staff may not wait to investigate first, and a program may not have policies that get in the way of reporting (Rule 1240-04-01-.10).

Child abuse hotline: 1-877-237-0004. In an emergency, call 911.

Sources: TN Department of Children's Services: Report Child Abuse; Rule 1240-04-01-.10, Duty to Report (TN Secretary of State, Feb 2026); Child Welfare Information Gateway: Mandatory Reporting of Child Abuse and Neglect

Steps to open a daycare in Tennessee

1. Choose a daycare center or a home daycare

States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.

Tennessee's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find, and our Tennessee program finder lists licensed centers near you.

2. Contact TDHS

Daycare licensing in Tennessee is handled by the Tennessee Department of Human Services (TDHS), Child Care Services. Contact it before you sign a lease or buy equipment, and ask, in writing if you can:

  • Which license type fits our plans, and how many children can it cover?
  • Is there an orientation or pre-licensing training, and when is the next one?
  • Which inspections and clearances do we need (licensing, fire, health and zoning)?
  • What does it cost to apply, and how long does approval usually take?
  • What do we need to do to accept families who use childcare assistance?

3. Choose a business structure

A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.

4. Find a space that can pass inspection

Check zoning before you sign a lease. Then ask the building department, the fire marshal and TDHS what the space needs, including how much indoor and outdoor space per child Tennessee requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

Tennessee's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask TDHS.

6. Hire staff and run background checks

Run the checks in Background checks for daycare staff above before anyone starts.

Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).

7. Get insured

Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.

8. Build a budget and set tuition

Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.

9. Add childcare assistance and the food program

Ask Tennessee's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.

10. Prepare your enrollment forms and policies

Ask TDHS which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.

Medication in Tennessee. A designated staff member must accept medication from the parent, get written parent authorization for each medication, and confirm that it is in its original container, not expired, and labeled with the child's name. Only staff trained in medication administration may give it, and each dose is documented (time, amount, side effects, staff name) with a copy to the parent. Medication is stored in a child-proof container, though emergency medications such as an EpiPen or inhaler may be kept unlocked out of children's reach (Rule 1240-04-01-.12(12)).

11. Fill your spots

Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.

12. Pass your inspections and open

For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.

Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.

What we couldn't confirm

Check these points with the state before you rely on them.

  • Center ratios changed in the February 2026 revision of Rule 1240-04-01. The maximum group size for 4- and 5-year-olds is now 24 (it was 20 in the 2022 version), and many online summaries still show the old numbers.
  • School-administered child care programs follow Department of Education rules (Chapter 0520-12-01), not TDHS. The State Board of Education was revising those rules, including ratios and group sizes, in 2026. Those ratios are not included here.

Other open points, including camps, are on the Tennessee rules page.

How BackPR helps

BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.

We researched the Tennessee rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with TDHS before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.

FAQ

Starting a daycare in Tennessee: questions

Do I need a license to start a daycare in Tennessee?

A program needs a TDHS license if it provides care for 3 or more hours a day to 5 or more children who are not related to the caregiver. Family child care homes care for 5-7 children, group child care homes for 8-12, and child care centers for 13 or more (Rule 1240-04-01-.02; T.C.A. §71-3-501 et seq.). Ask TDHS which license type fits your plans.

Who licenses daycares in Tennessee?

The Tennessee Department of Human Services (TDHS), Child Care Services. Its website: https://www.tn.gov/humanservices/for-families/child-care-services.html

What are the daycare ratios in Tennessee?

In licensed centers (Tenn. Comp. R. & Regs. 1240-04-01-.22(1)(c), Chart 1 (rules revised February 2026)): 3 years: 1 adult for every 9 children (groups of up to 18); 4 years: 1 adult for every 13 children (groups of up to 24); 5 years: 1 adult for every 16 children (groups of up to 24); School-age (enrolled in and attending school): 1 adult for every 20 children.

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