AN ACT to amend Tennessee Code Annotated, Title 29 and Title 71, Chapter 3, relative to child care.
HB1965 creates the “Tennessee Child Care Hosting Safe Harbor Act,” a liability-limitation measure for employers and other property owners or organizations that host licensed child care providers on their premises or help subsidize child care costs. The bill defines key terms such as “employer,” “host entity,” “child care provider,” and “subsidize,” and it applies only when the child care provider is licensed under state law and operates on property made available by the employer or host entity.
Under the bill, an employer or host entity is generally shielded from civil liability for damages arising from the acts or omissions of the licensed child care provider. That protection does not apply if the employer’s or host entity’s gross negligence or willful misconduct is the proximate cause of the injury, harm, or loss. The bill also makes clear that merely providing space, utilities, maintenance, security, capital improvements, or financial support does not by itself mean the employer or host entity is operating or controlling the child care provider, and it preserves any direct claims against the child care provider itself.
The bill amends Tennessee Code Annotated Title 29 by adding a new civil liability safe harbor and references Title 71, Chapter 3, which governs child care licensing. Its practical effect is to reduce tort exposure for employers, nonprofits, faith-based groups, educational institutions, property owners, and similar entities that host licensed child care operations or help fund child care access, so long as they do not operate or manage the provider. The act takes effect July 1, 2026, and applies to causes of action arising on or after that date.
The available voting history suggests broad support for the bill. It advanced unanimously in the House Civil Justice Subcommittee and the House Judiciary Committee, and then passed the House on consent calendar third consideration by an overwhelming 81-1 vote. No committee transcript was provided, so there is no recorded floor or committee debate to indicate significant opposition or divided views.
The main policy issue is the scope of liability protection for entities that host or financially support child care providers. Supporters appear to favor encouraging employers, nonprofits, faith-based organizations, schools, and property owners to make child care space available without fear of being sued for the provider’s conduct. The bill addresses a potential concern from opponents or risk advocates by preserving liability where the host entity’s gross negligence or willful misconduct causes harm, and by excluding entities that actually operate, control, manage, supervise, or employ the child care staff. No specific objections are documented in the provided materials.