Bottom Line for Tennessee Nonprofits
- ✓Volunteers with direct contact with or direct responsibility for clients of licensed mental health and substance abuse services (T.C.A. § 33-2-1202) or of Title 52-licensed disability and aging services, area agencies on aging and state aging and disability grantees (T.C.A. § 52-2-1002; state residential, day and supported-employment contractors check volunteers against the Abuse Registry only)
- ✓New volunteers expected to serve more than 20 hours a month in positions where significant contact with children is likely, at child care agencies licensed by the Department of Children’s Services or with DCS itself (T.C.A. § 37-5-511(a))
- ✓Prospective volunteers who will serve vulnerable persons, every child under 18 included, at an entity licensed by, or contracting to provide care for, a state agency under Titles 33, 37, 52, 68 or 71: Abuse Registry check before service (T.C.A. § 68-11-1004)
- +2 more required roles below
State Laws That Apply to Volunteer Background Checks
Tennessee Code Annotated § 33-2-1202
T.C.A. § 33-2-1202 (amended 2024 Tenn. Acts ch. 688, eff. July 1, 2024)Requires each facility or service licensed under Title 33, chapter 2, part 4 (mental health and substance abuse services) to complete a criminal background check on any employee or volunteer in a position involving direct contact with or direct responsibility for service recipients before that contact (the statute lists TBI or FBI fingerprints or a state-licensed private investigation company for employment applicants), and to check the Abuse Registry before using a volunteer. Since July 1, 2024, disability and aging services follow the parallel rule in T.C.A. § 52-2-1002.
Tennessee Code Annotated § 49-5-413
T.C.A. § 49-5-413, as amended by 2026 Tenn. Pub. Acts ch. 1040 (eff. July 1, 2026)Requires school employees in positions near children to be fingerprinted (TBI and FBI) before employment and at least every five years, and contractors with direct contact to be fingerprinted before contact. Each school board and charter school must adopt a background-check policy for contract workers and volunteers, and upon Tennessee’s acceptance into the FBI Rap Back program may require state and national checks on school volunteers. Separately, T.C.A. § 49-6-3601 requires every school coach, paid or volunteer, to comply with applicable § 49-5-413 requirements.
Tennessee Code Annotated § 68-11-1004
T.C.A. § 68-11-1004 (as amended by 2024 Tenn. Pub. Acts ch. 688, eff. July 1, 2024)Requires every state agency under Titles 33, 37, 52, 68 or 71, every entity it licenses, and every contractor providing care to check the Abuse Registry (maintained by the Health Facilities Commission) before a prospective employee or volunteer serves vulnerable persons, who include all children under 18. No listed person may be hired or permitted to volunteer.
Tennessee Code Annotated § 52-2-1002
T.C.A. § 52-2-1002 (enacted by 2024 Tenn. Pub. Acts ch. 688, § 2, eff. July 1, 2024)Requires each service licensed under Title 52 (Department of Disability and Aging), each area agency on aging, and each state contractor, grantee or subcontractor for aging and disability services to complete a criminal background check on any employee, subcontractor or volunteer with direct contact with or direct responsibility for persons supported before that contact, and to check the Abuse Registry before using a volunteer. State contractors for residential, day and supported-employment services follow subsection (f) instead: criminal checks for direct-care employees, Abuse Registry checks for applicants and volunteers.
Who Must Be Screened in Tennessee
!Legally Required to Be Screened
- •Volunteers with direct contact with or direct responsibility for clients of licensed mental health and substance abuse services (T.C.A. § 33-2-1202) or of Title 52-licensed disability and aging services, area agencies on aging and state aging and disability grantees (T.C.A. § 52-2-1002; state residential, day and supported-employment contractors check volunteers against the Abuse Registry only)
- •New volunteers expected to serve more than 20 hours a month in positions where significant contact with children is likely, at child care agencies licensed by the Department of Children’s Services or with DCS itself (T.C.A. § 37-5-511(a))
- •Prospective volunteers who will serve vulnerable persons, every child under 18 included, at an entity licensed by, or contracting to provide care for, a state agency under Titles 33, 37, 52, 68 or 71: Abuse Registry check before service (T.C.A. § 68-11-1004)
- •Unpaid substitutes at DHS-licensed child care agencies who count toward staffing standards and serve more than 36 hours in a calendar year: fingerprint check before starting (T.C.A. § 71-3-507(a)(1)(B))
- •School volunteers, under each district’s required volunteer background-check policy; upon Tennessee’s acceptance into the FBI Rap Back program, state and national checks are permitted, not mandated (T.C.A. § 49-5-413(g))
Types of Background Checks Required in Tennessee
How to Get Background Checks in Tennessee
$5 per check — a national criminal database search, sex offender registries in all 50 states and an SSN trace, with human FCRA review when a record needs it. It never replaces a check Tennessee law requires.
Start Free Today →Volunteer Screening in Tennessee: What You Need to Know
Tennessee’s 2024 Disability and Aging Act (Pub. Acts ch. 688, eff. July 1, 2024) moved developmental-disability services from Title 33 to a new Title 52 and wrote a parallel background-check rule for them, including volunteers (T.C.A. § 52-2-1002). Tennessee is also a universal mandated-reporting state: any person who suspects child abuse must report it (T.C.A. §§ 37-1-403, 37-1-605). Its ban-the-box law applies only to state agencies, not local governments or private employers (T.C.A. § 8-50-112), and local governments may not bar employers from asking about criminal history on applications (T.C.A. § 7-51-1802(d)).
Compliance Tips for Tennessee Nonprofits
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Title 33 organizations (licensed mental health and substance abuse services) and Title 52 providers (licensed disability and aging services, area agencies on aging and state grantees) must complete a criminal background check before a volunteer has any direct contact with or direct responsibility for clients, and check the Abuse Registry before using the volunteer. The statutes list TBI or FBI fingerprints or a state-licensed private investigation company for employment applicants; state residential, day and supported-employment contractors need only the registry check for volunteers (§ 52-2-1002(f)).
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Every school board and charter school must adopt a background-check policy for volunteers and contract workers (§ 49-5-413(g)); upon Tennessee’s acceptance into the FBI Rap Back program, state law lets it require state and national checks but does not require them. Youth organizations outside schools are not covered by § 49-5-413; unless DHS or DCS licensing or the § 68-11-1004 registry rule applies, screening there is a policy decision.
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Check the Abuse Registry, now maintained by the Health Facilities Commission and searchable online (its page lists no fee), separately from the criminal check. They are two distinct databases, and § 33-2-1202 requires both for Title 33 organizations.
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Budget for check fees. TBI charges $29 for a Tennessee-only name check (TORIS), $33.15 for a volunteer state-and-FBI fingerprint check for qualified organizations through IdentoGO ($37.15 for an applicant), and $50 for an FBI-only check. Who pays depends on the statute: Title 33 organizations pay (§ 33-2-1202(d)), while DHS pays for one child care check per person per agency per year.
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Recheck on a schedule. Tennessee requires child care fingerprint checks at least every five years (T.C.A. § 71-3-507(d)(2)) and school employee checks every five years (T.C.A. § 49-5-413(a)); that is a sensible floor for volunteers with ongoing access to children.
Frequently Asked Questions
Does Tennessee require background checks for my nonprofit’s volunteers?
Only for volunteers in specific roles or settings; no Tennessee rule covers every nonprofit. We found no Tennessee statute requiring every nonprofit to screen every volunteer. Criminal checks are mandated for volunteers with direct contact or direct responsibility at licensed mental health and substance abuse services (T.C.A. § 33-2-1202) and at most disability and aging services (T.C.A. § 52-2-1002), and for new volunteers expected to serve more than 20 hours a month in roles with significant contact with children at child care agencies licensed by the Department of Children’s Services (T.C.A. § 37-5-511).
How long does a Tennessee volunteer background check take?
Official state checks: TBI does not publish a turnaround time. Tennessee-only name check (TORIS) results are provided electronically; fingerprint results go to the requesting agency. VolunteerBadge's national criminal search returns most results in minutes; a record that needs human FCRA review can take up to about 72 hours.