IN THE CHANCERY COURT OF DAVIDSON COUNTY, TENNESSEE

STATE OF TENNESSEE )
DEPARTMENT OF HUMAN SERVICES, )
)
Plaintiff )
)
v. ) No. _________
)
ANNE JORDAN a/k/a ANNIE CLARK )
512 OLD HICKORY BLVD, APT 1509 )
NASHVILLE, TN 37209 )
)
Defendant. )
______________________________________________________________________________

COMPLAINT FOR INJUNCTIVE RELIEF

______________________________________________________________________________

Comes now the State of Tennessee, Department of Human Services (“DHS”), by and

through its duly authorized representative, Licensing Consultant Jennifer Bristow (“LC Bristow”),

for the Davidson County Office of said Department, and would respectfully show the Court

pursuant to Rule 65 of the Tennessee Rules of Civil Procedure and Tenn. Code Ann. § 71-3-501

et seq.:

1. That any child care agency must have that facility licensed by the State of

Tennessee, Department of Human Services pursuant to Tenn. Code Ann. § 71-3-502.

2. The State of Tennessee, Department of Human Services, is acting as Plaintiff in

this matter pursuant to Tenn. Code Ann. §§ 71-3-504, 71-3-505.

3. That Tenn. Code Ann. § 71-3-501(4) defines a child care agency as “a place or

facility, regardless of whether it is currently licensed, that is operated as a “family child care

home,” a “group child care home,” a “child care center,” or a “drop-in center,” as those terms are

1
defined in this part, or that provides child care for “five (5) or more children who are not related

to the primary caregiver for three (3) or more hours per day.

4. That Tenn. Code Ann. § 71-3-501(11) defines “related” as “the children, step-

children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings,

nieces, nephews or foster children of the primary caregiver.”

5. That according to Tenn. Code Ann. § 71-3-505, “any person or entity operating a

child care agency, as defined in § 71-3-501, without being licensed by the department or who

continues to operate such agency while a suspension of the license is in effect, or who operates a

child care agency following the effective date of a denial or revocation of a license, commits a

Class A misdemeanor.” Each day of operation of a child care agency without a license is a separate

criminal offense.

6. On April 11, 2023, DHS received a complaint from the Department of Children’s

Services (“DCS”) regarding the death of a 3-month-old infant at the residence of Defendant that

occurred on April 10, 2023.

7. The complaint stated that the infant’s mother arrived at approximately 3:10 pm and

knocked on the door for 10 to 15 minutes with no response. A parent of a different child arrived

to pick up their child and they both entered the home due to door being unlocked.

8. The 3-month-old infant’s mother found the child cold to the touch and not breathing

on Defendant’s bed. CPR was performed and the child was transported to Vanderbilt Children’s

hospital where he was sadly declared deceased.

9. The mother and other parent could not locate the Defendant or any other adult in

the apartment. There were children unattended in both the playroom and the other bedroom.

2
 10. Metro Nashville Police Department officers arrived at 3:45 pm to investigate the

scene. The apartment was searched for Defendant, but she was not located.

11. The apartment is two bedroom and one and half bath. Defendant had blocked the

living room area off like a playroom. The bedroom in the back had approximately four or five

cribs. The other bedroom was Defendant’s bedroom along with one crib.

12. DCS reported that the drop-off time for the daycare is any time after 7:00 a.m and

pick-up time is any time before 5:00 p.m. It is believed the daycare is open Monday to Friday.

13. The parents were required to text Defendant before they arrive for the drop -off and

pick-up. It is believed the parents started dropping off the children around 7:00 a.m. on April 10,

2023. The last drop-off was at 10:25 a.m. on April 10, 2023. The last known contact was via text

message exchange at 12:30 p.m. with another parent. The messages after 2:21 p.m. came back to

parents as not delivered.

14. MNPD could not locate Defendant that afternoon. According to news media

reports, Defendant was found late April 11, 2023 with self-inflicted wounds and is currently

hospitalized.

15. After further investigation, it was determined that there were six (6) other unrelated

children present all aged sixteen (16) months or less. Three (3) of the children were six (6) months

old or less.

16. Therefore, the Defendant was caring for a total of seven (7) unrelated infants when

counting the deceased child.

17. DHS has been unable to conduct an investigative visit due to DCS and law

enforcement involvement.

3
 18. According to Tenn. Comp. R. & Regs. 1240-04-01-.01(4) of the Licensure Rules

for Child Care Agencies of the Tennessee Department of Human Services, the primary purpose of

licensing is the protection of children. An unlicensed agency operating without the Department’s

approval or oversight is a violation of the law—in addition; it does not meet minimum standards

for children’s health, safety and welfare. Therefore, children in care are not being protected.

19. According to Tenn. Code Ann. § 71-3-504, Injunctions against unlicensed

operations, the Department has the right to enjoin the illegal operation of child care centers:

(a) The department may, in accordance with the laws of this state 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.

20. According to Tenn. Code Ann. § 71-3-508 (a) and (b), Inspection of persons or

entities providing child care, the DHS has the duty and right to enter the premises:

(a) It is the duty of the department, through its duly authorized agents,
to inspect at regular intervals, without previous notice, all child care
agencies or suspected child care agencies, as defined in § 71-3-501.

(b)(1) The department is given the right of entrance, privilege of

inspection, access to accounts, records, and information regarding
the whereabouts of children under care for the purpose of
determining the kind and quality of the care provided to the children
and to obtain a proper basis for its decisions and recommendations.

4
 21. Based on observations made by staff and evidence gathered, DHS suspects that

Defendant has and continues to operate an unlicensed child care agency in her residence.

22. That the facts herein clearly show that Plaintiff and the citizens of Tennessee will

suffer immediate and irreparable injury if an ex parte order is not issued which restrains Defendant

from operating a child care agency in violation of Tenn. Code Ann. § 71-3-502.

23. DHS is not required to post surety for injunctive relief pursuant to Tenn. Code Ann.

§ 20-13-101 as an agency of the State of Tennessee. Costs are reserved for decision by agreement

or by order.

PREMISES CONSIDERED, PLAINTIFF PRAYS THAT:

1. This Court, according to Tennessee Rule of Civil Procedure 65.03 and Tenn.

Code Ann. § 71-3-504, issue an ex parte Temporary Injunction restraining, enjoining, and

forbidding Defendant from engaging in any kind of child-care operation without an active license,

in any location, effective immediately;

2. Defendant be ordered ex parte to grant DHS immediate access to her residence, and

other location in which Defendant is caring for children, to monitor Defendant for compliance with

child care licensing law, including the inspection of any records or documentation related to the

care of children pursuant to Tenn. Code Ann. § 71-3-508. DHS requests the assistance of law

enforcement if needed.

3. This matter be set for hearing and a Permanent Injunction be issued, restraining,

enjoining, and forbidding Defendant from ever engaging in any kind of child care operation

without an active license, in any location in Tennessee; further, that a permanent Order of

Inspection be issued to allow DHS to monitor Defendant for compliance;

4. Costs for this action be assessed against the Defendant; and

5
 5. For such other and further relief to which the Department is entitled.

THIS IS THE FIRST APPLICATION FOR EXTRAORDINARY RELIEF IN THIS

CAUSE.

Respectfully Submitted,

/s/ Allison C. Jennings

Allison C. Jennings, BPR # 025321
Nicole Armstrong, BPR # 020615
Office of General Counsel
Tennessee Department of Human Services
505 Deaderick Street, 14th Floor
Nashville, Tennessee 37243
O: (615) 313-5612
C: (615) 517-6393
Allison.jennings@tn.gov

6
 OATH

Pursuant to Tenn. Rule of Civil Procedure 72, I, Jennifer Bristow, declare under penalty of

perjury that the foregoing is true and correct.

______________________________________
Jennifer Bristow, Licensing Consultant
Child and Adult Care Licensing
Tennessee Department of Human Services