Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 5 - Division of Early Child Care and Development › Chapter 1 - Child Care and Development Fund (CCDF) Plan for Mississippi › Subpart 3 - HEALTH AND SAFETY AND QUALITY IMPROVEMENT ACTIVITIES › Section 18-5-1-3.1 - Activities to Ensure the Health and Safety of Children in Child Care (Component #1)

Current through June 25, 2024
This section is intended to collect information on how Lead
					 Agencies meet the statutory and regulatory provisions related to licensing and
					 health and safety requirements. The CCDBG statute and the CCDF regulations
					 address health and safety primarily in two ways.
First, Lead Agencies shall certify that they have in effect
					 licensing requirements applicable to child care services provided within the
					 area served by the Lead Agency (§ 98.40(a)(1) ). These licensing
					 requirements need not be applied to specific types of providers of child care
					 services (658(E)(c)(2)(E)(i). Lead Agencies must describe those licensing
					 requirements and how they are effectively enforced. Questions related to
					 licensing requirements are in sections 3.1.1 and 3.1.2. Second, Each Lead
					 Agency shall certify that there are in effect, within the State or local law,
					 requirements designed to protect the health and safety of children that are
					 applicable to child care providers of services for which assistance is provided
					 under CCDF. Questions related to CCDF Health and Safety requirements are in
					 sections 3.1.3 and 3.1.4.
3.1.1.
Compliance with Applicable State/Territory and Local Regulatory Requirements on
				  Licensing
Lead Agencies shall certify that they have in effect
					 licensing requirements applicable to child care services provided within the
					 area served by the Lead Agency (§ 98.40(a)(1) ). These licensing
					 requirements need not be applied to specific types of providers of child care
					 services (658(E)(c)(2)(E)(i). Lead Agencies must describe those licensing
					 requirements and how they are effectively enforced.
Definition
: Licensing requirements are defined
					 as regulatory requirements, including registration or certification
					 requirements established under State, local, or tribal law, necessary for a
					 provider to legally operate and provide child care services in a State or
					 locality (§ 98.2 ).
This does not include registration or
					 certification requirements solely for child care providers to be eligible to
					 participate in the CCDF program. Those requirements will be addressed in
					 3.1.2.
The relationship between licensing requirements and health
					 and safety requirements varies by State/Territory depending on how
					 comprehensive the licensing system is. In some States and Territories,
					 licensing may apply to the majority of CCDF-eligible providers and the
					 licensing standards cover the three CCDF health and safety requirements so the
					 State/Territory has few, if any, providers for whom they need to establish
					 additional CCDF health and safety requirements. In other cases, States and
					 Territories have elected to exempt large numbers of providers from licensing
					 which means that those exempted providers who care for children receiving
					 assistance from CCDF will have to meet to the CCDF health and safety
					 requirements through an alternative process outside of licensing as defined by
					 the State/Territory. The State/Territory may also elect to impose more
					 stringent standards and licensing or regulatory requirements on child care
					 providers of services for which assistance is provided under the CCDF than the
					 standards or requirements imposed on other child care providers. (§
					 98.40(b)(1) ) (658E(c)(2)(F), § 98.41 ).
a) Is the Lead Agency responsible for child
				  care licensing? (§ 98.11(a) )
[] Yes.
* No. Please identify the State or local (if applicable)
					 entity/agency responsible for licensing The Mississippi Department of Health,
					 Division of Child Care Licensure
b) Provide a brief overview of the
				  relationship between the licensing requirements and CCDF health and safety
				  requirements in your State/Territory.
Licensed Centers participating in the CCDF program must
					 remain in compliance at all times with the Mississippi State Department of
					 Health's "Regulations Governing Licensure of Child Care Facilities." Unlicensed
					 child care providers are required to sign a statement of agreement to comply
					 with policy conditions related to: Basic Health, Safety, and Nutrition
					 Assurances for Unlicensed Child Care Providers.
c) Do the State/Territory's licensing
				  requirements serve as the CCDF health and safety requirements?
Center-Based Child Care
Group Home Child Care N/A. Check if your
							 State/Territory does not have group home child care.
Family Child Care
In-Home Care N/A. Check if in-home care is not subject
							 to licensing in your State/Territory.
Yes, for all providers in this category
*
[]
[]
[]
Yes, for some providers in this category
Describe ______
Describe
Describe The licensing authority requires that Group
							 Home Providers caring for 6 or fewer than 12 children be licensed. Licensing
							 regulations surrounding health and safety apply to those providers. These
							 providers received a minimum of 2 unannounced visits per year by the licensing
							 agency. The Lead Agency's regulations regarding health and safety apply to
							 providers who are unregulated and are caring for fewer than 6 children not
							 related to the provider by the third degree. These providers are subject to
							 regular unannounced visits by the Lead Agency.
Describe _______
No
[]
*
[]
[]
Other
Describe
Describe
Describe
Describe
d)
				  CCDF identifies and defines four categories of care: child care centers, family
				  child care homes, group child care homes and in-home child care providers
				  (§ 98.2 ). The CCDF definition for each category is listed below. For each
				  CCDF category of care, please identify which types of providers are subject to
				  licensing and which providers are exempt from licensing in your State/Territory
				  in the chart below
. Note: OCC recognizes that each State/Territory
				  identifies and defines its own categories of care. OCC does not expect
				  States/Territories to change their definitions to fit the CCDF-defined
				  categories of care. For these questions, provide responses that closely match
				  the CCDF categories of care but consistent with your reported 801 data.
CCDF Category of Care
CCDF Definition (§ 98.2 )
Which providers in your State/Territory are subject to
							 licensing under this CCDF category?
Are any providers in your State/Territory which fall
							 under this CCDF category exempt from licensing?
Center-Based Child Care
Center-based child care providers are defined as a
							 provider licensed or otherwise authorized to provide child care services for
							 fewer than 24 hours per day per child in a non-residential setting, unless care
							 in excess of 24 hours is due to the nature of the parent(s)' work.
Describe which types of center-based settings are
							 subject to licensing in your State/Territory Center-based child care providers
							 are defined as a provider licensed or otherwise authorized to provide child
							 care services for fewer than 24 hours per day per child in a nonresidential
							 setting, unless care in excess of 24 hours is due to the nature of the
							 parent(s)' work.
Describe which types of center-based settings are
								exempt from licensing in your State/Territory The Licensing authority exempts
								the following providers from licensure:
A. Child Care facilities which operate for no more
								than two (2) days a week and whose primary purpose is to provide respite for
								the caregiver or temporary care during other scheduled or related activities.
B. Organized programs that operate for three (3) or
								less weeks per year such as but not limited to vacation bible schools and scout
								day camps.
C. Any child residential home as defined in and in
								compliance with the provisions of Section
								43-16-3(b)
								et seq., Mississippi Code of 1972.
D. Any program in an elementary (including
								kindergarten) and/or secondary school system accredited by the Mississippi
								State Department of Education, the Southern Association of Colleges and
								Schools, The Mississippi Private School Association, the American Association
								of Christian Schools, the Association of Christian Schools International, or a
								school affiliated with Accelerated Christian Education, Inc. This includes
								accredited pre-K3 and pre-K4 Programs. Programs serving children less than
								three (3) years of age must be licensed.
E. Any Head Start program operating in conjunction
								with an elementary school system, whether it is public, private, or parochial,
								whose primary purpose is a structured school or school readiness program. This
								includes Head Start pre-K3 and pre-K4 programs. Head Start programs serving
								children less than three (3) years of age must be licensed.
F. Any family child care home defined in
								Mississippi Code Section
								43-20-53(a)
								et seq. To wit: An occupied residence in which shelter and personal care is
								regularly provided for five (5) or fewer children who are not related within
								the third degree computed according to the civil law to the provider and who
								are under 13 years of age and are provided care for any part of the twenty-four
								hour day. These homes may be voluntarily registered with the Mississippi State
								Department of Health.
G. Any membership organization affiliated with a
								national organization which charges only a nominal annual membership fee, does
								not receive monthly, weekly, or daily payments for services, and is certified
								by its national association as complying with the association's minimum
								standards and procedures, including, but not limited to, the Boys and Girls
								Club of America, and the YMCA. A nominal fee is defined as $300 or less per
								calendar year. For example, some jurisdictions exempt school-based centers,
								centers operated by religious organizations, summer camps, or Head Start
								programs.
Group Home Child Care
* N/A. Check if your State/Terri tory does not
								have group home child care.
Group home child care provider is defined as two or
							 more individuals who provide child care services for fewer than 24 hours per
							 day per child, in a private residence other than the child's residence, unless
							 care in excess of 24 hours is due to the nature of the parent(s)' work.
Describe which types of group homes are subject to
							 licensing____
Describe which types of group homes are exempt from
							 licensing ____
Family Child Care
Family child care provider is defined as one
							 individual who provides child care services for fewer than 24 hours per day per
							 child, as the sole caregiver, in a private residence other than the child's
							 residence, unless care in excess of 24 hours is due to the nature of the
							 parent(s)'s work.
Reminder
- Do not respond if family child care
							 home providers simply must register or be certified to participate in the CCDF
							 program separate from the State/Territory regulatory requirements.
Describe which types of family child care home
							 providers are subject to licensing Providers caring for 6 or fewer than 12 or
							 fewer children in the provider's home are subject to licensing requirements.
Describe which types of family child care home
							 providers are exempt from licensing Providers caring for fewer than 6 children
							 in their home are exempt from licensing requirements.
In-Home Care
In-home child care provider is defined as an
							 individual who provides child care services in the child's own home.
Reminder
- Do not respond if in-home child care providers simply
							 must register or be certified to participate in the CCDF program separate from
							 the State/Territory regulatory requirements.
* N/A. Check if in-home care is not subject to
								licensing in your State/Territory.
Describe which in-home providers are subject to
								licensing
Describe which types of in-home child care providers
							 are exempt from licensing ______
Note
: In lieu of submitting or attaching
					 licensing regulations to certify the requirements of § 98.40(a)(1), Lead
					 Agencies may provide their licensing regulations to the National Resource
					 Center for Health and Safety in Child Care and Early Education. Please check
					 the NRCKid's website to verify the accuracy of your licensing regulations and
					 provide any updates to the National Resource Center.
Check this box to
					 indicate that the licensing requirements were submitted and verified at
					 NRCKid's
. *
e)
Indicate
whether your State/Territory licensing requirements
				  include any of the following four indicators for each category of care*.
* American Academy of Pediatrics, American Public Health
					 Association, National Resource Center for Health and Safety in Child Care and
					 Early Education. (2011)
Caring for Our Children: National Health and
					 Safety Performance Standards; Guidelines for Early Care and Education Programs.
					 3rd Edition.
Elk Grove Village, IL: American Academy of Pediatrics;
					 Washington, DC: American Public Health Association. Available online at the
					 NCRKid's website.
Indicator
For each indicator, check all requirements
							 for
licensing
that apply, if any.
Center-Based Child Care
Group Home Child Care
* N/A. Check if your State/Territory does not have
								group home child care.
Family Child Care
In-Home Care
* N/A if the State/Territory does not license
								in-home care (i.e., care in the child's own home)
Do the licensing requirements include
child:
* Yes, Child: staff ratio requirement
[] Yes, Child: staff ratio requirement
* Yes, Child: staff ratio requirement. List ratio
							 requirement
[] Yes, Child: staff ratio requirement. List ratio
							 requirement by
staff ratios and group sizes
?
If yes, provide the ratio for age specified.
Infant ratio (11 months): 5:1
Toddler ratio (35 months): 14:1
Preschool ratio (59 months): 16:1
[] No ratio requirements.
* Yes, Group size requirement Infant group size
								(11 months): 10 w/ 2 caregivers
Toddler group size (35 months): 14
Preschool group size (59 months): 20 w 2
								caregivers
* No group size requirements.
Infant ratio (11 months):
Toddler ratio (35 months):
Preschool ratio (59 months):
* No ratio requirements.
[] Yes, Group size requirement Infant group size
								(11 months):
Toddler group size (35 months):
Preschool group size (59 months):
* No group size requirements.
by age group:
<1 yr=4:1
1 yr =8:1
2 yr =12:1
3 yr =12:1
4 yr =12:1
5-9 yrs = 12:1
10-12 yrs = 12:1
[] No ratio requirements.
* Yes, Group size requirement. List ratio
								requirement by age group See above information, not to exceed 12.
[] No group size requirements.
age group:
[] No ratio requirements.
[] Yes, Group size requirement. List ratio
								requirement by age group
[] No group size requirements.
Do the licensing requirements identify specific
							 educational
credentials for child care directors
?
[] High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
* Associate's degree
[] Bachelor's degree
[] No credential required for licensing
[] Other:
[] High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
[] Associate's degree
[] Bachelor's degree
[] No credential required for licensing
[] Other:
[] High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
* Associate's degree
[] Bachelor's degree
[] No credential required for licensing
[]Other:
[] High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
[] Associate's degree
[] Bachelor's degree
[] No credential required for licensing
[] Other:
Do the licensing requirements identify specific
							 educational
credentials for child care teachers
?
* High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
[] Associate's degree
[] Bachelor's degree
[] No credential required for licensing
[] Other:
[] High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
[] Associate's degree
[] Bachelor's degree
[] No credential required for licensing
[] Other:
* High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
[] Associate's degree
[]Bachelor's degree
[] No credential required for licensing
[] Other:
[] High school/GED
[] Child Development Associate (CDA)
[] State/ Territory Credential
[]Associate's degree
[] Bachelor's degree
[] No credential required for licensing
[] Other:
Do the licensing requirements specify that directors
							 and caregivers must attain a specific number of
[] At least 30 training hours required in first
								year
[] At least 24 training hours per year after first
								year
[] At least 30 training hours required in first
								year
[] At least 24 training hours per year after first
								year
[] At least 30 training hours required in first
								year
[] At least 24 training hours per year after first
								year
[] At least 30 training hours required in first
								year
[] At least 24 training hours per year after first
								year
training hours per year
?
[] No training requirement
* Other: 15 Hours annually
[] No training requirement
[] Other:
[] No training requirement
* Other: 15 hours annually
[] No training requirement
[] Other:
f)
				  Do you expect the licensing requirements for child care providers to change in
				  FY2014-2015?