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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 71 Welfare

Chapter 3 Programs and Services for Children

Part 5 Child Care Agencies

71-3-504. Injunctions against unlicensed operations.

(a) The department may, in accordance with the laws of the state of Tennessee governing injunctions, maintain an action in the name of the state of Tennessee to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a license as required by law, or from continuing to operate any such place or facility following suspension of a license or following the effective date of the denial or revocation of a license.

(b) In charging any defendant in a complaint for such injunction, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care agency, as defined in this part or to charge that the defendant is about to do so without having in effect a license as required by law, or that the defendant continues to operate any such place or facility following suspension of a license, or following the effective date of the denial or revocation of a license, without averring any further or more particular facts concerning the case.

Acts 2000, ch. 981, § 5; 2001, ch. 453, § 8.

Compiler's Notes. For transfer of the licensing required by this section for before- and after-school day care centers authorized by Acts 1988, ch. 659 and operated by local boards of education from the department of human services to the department of education, see Executive Order No. 24 (November 11, 1988).

Former § 71-3-504 (Acts 1953, ch. 228, § 4 (Williams, § 4765.141); 1965, ch. 333, § 2; 1971, ch. 214, § 2; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1404, 14-10-104; Acts 1988, ch. 1013, § 74; 1992, ch. 1030, §§ 5, 6; 1996, ch. 1053, § 1; 1996, ch. 1079, §§ 158, 163-165; 2000, ch. 843, § 2), concerning standards for the annual license, was repealed by Acts 2000, ch. 981, § 1. For current provisions, see § 71-3-502.

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