reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 8 - Procedures After Approval of a Certificate › Rule 18-17-8.11 - Ledger Adjustments

Current through June 25, 2024
An adjustment shall be made in CCPS reflecting a change, if
				  it is necessary to adjust the amount of funds issued based on the attendance
				  information submitted to MDHS by the child care provider.
45 CFR
				  98.45(l); Miss. Code Ann.
				  §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 8 - Procedures After Approval of a Certificate › Rule 18-17-8.12 - Payment Adjustment Request

Current through June 25, 2024
MDHS's Payment Adjustment Request must be used for reporting
				  any necessary adjustment(s) by the child care provider to MDHS with 10 (ten)
				  business days of ledger submission. This form is available on the MDHS website.
				  Child care providers must submit this request, along with supporting documents,
				  to MDHS to report any of the following:
A. Overpayment/Underpayment - If a child care
				provider discovers an over-payment or under-payment on the payment ledger. The
				child care provider must submit supporting sign-in/sign-out sheets in order for
				the adjustment to be processed. Questionable payments or incorrect payments
				shall be adjusted during the next regularly scheduled payment cycle. Once MDHS
				processes the overpayment/underpayment request, payments will be
				issued/deducted from the next month payment.
B. Certificate Error - Any error listed on
				the child care certificate that will cause payments to calculate incorrectly
				must be submitted to MDHS. Such errors include, but are not limited to:
1. Incorrect payment rates
2. Incorrect care type (full-time vs
				full-/part-time)
3. Incorrect date
				of birth for the child
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 8 - Procedures After Approval of a Certificate › Rule 18-17-8.13 - Types of Care

Current through June 25, 2024
A. Standard Care
1) Full-Time Child Care - Full time care is
				assigned to children ages six (6) weeks to five (5) years of age who attend the
				facility more than six (6) hours.
2) Part-Time Child Care - Child care provided
				for fewer than six (6) hours.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 8 - Procedures After Approval of a Certificate › Rule 18-17-8.14 - Reimbursement

Current through June 25, 2024
A. Full-time reimbursement rates shall be
				issued to child care providers for the following:
1) Full-time care provided by CCPP-approved
				centers when the primary school setting is closed and not offering or requiring
				online instruction.
2) Full-time
				care provided by CCPP-approved centers when the child is given an out-of-school
				suspension.
3) Summer child care
				for school-age children for up to five (5) absences and approved
				holidays.
4) For three (3) and four
				(4) year old children enrolled in public or private pre-kindergarten programs
				where tuition is assessed, and child care is provided for six (6) or more hours
				per day.
6) Five (5) or six (6)
				year old children not enrolled in a public kindergarten program.
				Non-traditional child care.
7)
				Full-time certificate payments for school-age children shall not be issued to
				students enrolled in first grade through 12th grade unless full-time care is
				needed during nontraditional hours and/or the primary/secondary school setting
				is closed.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 8 - Procedures After Approval of a Certificate › Rule 18-17-8.15 - Garnishment/Levies

Current through June 25, 2024
Garnishment/levies are court ordered recoupment of a debt
				  owed by a provider to a third party. When MDHS receives notice of a garnishment
				  or levy action against a child care provider, MDHS must submit payment to the
				  garnishing party until the provider's debt has been paid in full, or until a
				  Notice of Release has been received. The provider must contact the garnishing
				  party to dispute the action or make alternate payment
				  arrangements.
45 CFR
				  98.56; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 8 - Procedures After Approval of a Certificate › Rule 18-17-8.16 - Licensure Revocation or Closure By MSDH

Current through June 25, 2024
Any child care center closed by MSDH Licensure Department
				  will be immediately closed in the CCPP.
A. CCDF funds cannot be used to pay a child
				care provider if the license has lapsed at any time. Funds shall be recouped
				for any lapse in time the license was not valid. If a provider is reinstated by
				MSDH Licensure Department within the MSDH thirty (30) days from the date of the
				closure, MDHS will not require the child care provider to submit a new child
				care provider application, but instead will allow the CCPP status to be
				reinstated.
B. If the death of a
				child occurs in a CCPP provider, and the death is determined to be due to a
				health and safety violation, the child care provider will be terminated from
				the CCPP upon a final determination of the cause of death. MDHS staff will
				assist with locating alternate childcare for other CCPP children if
				needed.
45 CFR
				  98.56;
				  45 CFR 98.42; Miss. Code Ann.
				  §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 8 - Procedures After Approval of a Certificate › Rule 18-17-8.17 - Provider Change of Status

Current through June 25, 2024
When a change of status occurs, the change must be reported
				  to MDHS within 10 (ten) calendar days of the occurrence. A significant change
				  of status requires completion of a new CCPP application and new e-Ledger
				  training webinar (if more than 6 months since completion of the last webinar)
				  and includes the following:
A. Address
				change
B. Tax ID Number
				change
C. Change of Ownership
1) Procedure for transfer of ownership:
a. New Owner must:
Comply with all requirements to become a CCPP approved
				  provider. Children enrolled in CCPP and MDHS Provider ID numbers do not
				  automatically transfer to the new owner. If the new owner fails to complete the
				  CCPP approval process prior to the first date of operation under new ownership,
				  there shall be a lapse in payment until the new owner completes the CCPP
				  approval process.
b.
				Previous Owner must:
i. Notify MDHS in
				writing of the pending transfer of ownership within 24 (twenty-four) hours of
				notification of same to the Mississippi Department of Health, Bureau of Child
				Care Licensure. Notification must be received so that all certificates may be
				terminated and reissued to the new owner upon the last day of operation. The
				certificates will only be issued to the new provider with parent approval. MDHS
				will recoup payments made to a provider in the event that notification is not
				received within this timeline.
ii.
				Submit a written statement certifying the provider will no longer claim funds
				issued by CCPP after a designated date, and the designated date
iii. Provide MDHS a forwarding address for
				any future payments and tax information
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.1 - Program Compliance

Current through June 25, 2024
As lead agency for the Child Care Development Fund (CCDF),
				  the Mississippi Department of Human Services (MDHS) has responsibility for
				  ensuring compliance with all federal statutes and regulations, state statutes,
				  and policy. MDHS employs multiple mechanisms to ensure compliance, including
				  internal quality control monitoring, formal agreements with other state or
				  private agencies, investigations, and sanctions if necessary.
45 CFR
				  98.10;
				  45 CFR 98.56; Miss. Code Ann.
				  §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.2 - Child Care Facility Complaint Process

Current through June 25, 2024
A. Making a
				Complaint
1) Any person may file a program
				related complaint or submit a tip about waste, fraud, or abuse of the program
				through the following methods:
a. Call
				Mississippi State Department of Health (MSDH) HOTLINE 1-866-489-8734 for
				complaints related to licensure or child care regulations. Unless ordered by a
				court, the identity of the individual who reported the complaint shall not be
				disclosed outside of MSDH and/or MDHS investigative staff.
b. Submit the MDHS FRAUD TIP FORM
http://www.mdhs.ms.gov/
or call
				1-800-299-6905 for complaints related to CCDF program violations or suspected
				fraud, waste or abuse.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.3 - Referrals to MSDH

Current through June 25, 2024
A. Any suspicion on
				the part of a MDHS staff member that a licensed center is not in compliance
				with the Regulations Governing Licensure of Child Care Facilities shall be
				reported immediately to the MSDH. A child care provider with a suspected
				license violation may remain CCPP approved until MSDH notifies MDHS that
				official action has been taken to restrict the child care center from operating
				as a licensed child care center.
B.
				Licensure violations that shall be reported to MSDH include, but are not
				limited to:
1) Health and Safety
				Violations;
2) Attendance in excess
				of licensed capacity;
3) Improper
				child-to-staff ratios;
4) Use of
				corporal punishment or verbal abuse;
5) Forged director or staff
				credentials;
6) Forged professional
				development certificates;
7)
				Substandard facilities; or
8)
				Environmental hazards.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.4 - Monitoring Responsibilities

Current through June 25, 2024
All providers participating in CCPP shall be
				  inspected/monitored at least once annually in accordance with federal
				  requirements.
A. Licensed Child Care
				Centers
1) MSDH has the primary responsibility
				of conducting annual unannounced inspections of licensed child care
				centers.
2) MDHS may also conduct
				announced or unannounced monitoring visits to CCPP approved licensed child care
				centers to ensure program compliance.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.5 - Training of Monitoring Agents

Current through June 25, 2024
MSDH child care monitoring agents must satisfactorily
				  complete training before visiting child care providers for inspection. The
				  training shall include the procedures for conducting a visit and reporting
				  findings, and program policy.
45 CFR
				  98.42; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.6 - Record Reviews

Current through June 25, 2024
Monitoring visits may include, but are not limited to, a
				  review of the following records, which must be made available to the monitoring
				  agent or investigator if requested. Additionally, records must be kept in
				  accordance with MSDH record retention requirements.
A. Child Attendance Records - daily
				attendance roster (sign-in/sign-out sheets) for each child. The attendance
				recorded on the child care center's attendance roster shall be compared to the
				attendance reported to MDHS. All documentation related to child attendance may
				be reviewed.
B. Staff Records
1) Child care providers must maintain a
				record/roster of all staff and volunteers, with hire dates and termination
				dates.
2) A current letter of
				suitability for all staff and volunteers; and
3) A current record of Health and Safety
				Orientation training for all staff and volunteers.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.7 - Monitoring Fines

Current through June 25, 2024
In order to participate in the CCPP child care providers must
				  comply with monitoring, both announced and unannounced from both the
				  Mississippi Department of Human Services (MDHS) and the Mississippi Department
				  of Health (MSDH). Refusal to cooperate in the monitoring process may result in
				  a financial penalty of $1,000 by MSDH for all providers. Additionally, refusal
				  to allow monitoring inspections shall result in referral to MDHS the Office of
				  the Inspector General, Division of Program Integrity (DPI) for further
				  investigation and possible termination from the CCPP. Refusal to allow MDHS
				  staff to view/inspect the program or program documentation as a part of
				  announced or unannounced monitoring processes shall result in suspension,
				  termination, and/or recoupment of all claims associated with the unproduced
				  documents.
45 CFR
				  98.42; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2023
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.8 - Findings for Health and Safety Violations

Current through June 25, 2024
MSDH shall record all findings from health and safety
				  violations on an official inspection form. A copy of the completed inspection
				  form shall be given to the child care provider at the time of inspection. A
				  child care provider with findings or violations may be monitored again by
				  either announced or unannounced visits to monitor compliance with corrective
				  action plans. Failure to cure findings may result in additional monitoring
				  visits by MSDH or referral to MDHS for additional monitoring or
				  investigation.
45 CFR
				  98.42; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.9 - Public Posting of Inspection Reports

Current through June 25, 2024
MSDH will make inspection reports completed after October 1,
				  2018, publicly available on the child care consumer education website.
				  Inspection reports will remain posted for a minimum of seven (7) years, along
				  with any Corrective Action Plans (CAP) that address the inspection findings. If
				  the child care provider wishes to dispute the findings, the provider must
				  utilize the MSDH agency appeal process, which is found the in the MSDH
				  Regulations.
45 CFR
				  98.33; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.11 - Recovery of Funds

Current through June 25, 2024
Per Rule
				  9.10, the responsible party may be
				  allowed to continue to participate in the program while paying the improper
				  payment back, unless the responsible party was suspended or terminated from the
				  CCPP.
A. Recoupment: MDHS may collect
				payment for AE, UPV and IPV by recoupment, which is a reduction in CCPP payment
				amounts to the child care provider in subsequent months. In the event the
				improper payment was due to the action of the parent, the recoupment amount
				will be added to the parent co-payment amount and is to be paid directly to the
				provider by the parent.
1) The recoupment
				amount will be set at a percentage of the total amount of the improper payment
				establishing twelve (12) equal deductions to be withheld from CCPP payments
				within a twelve (12) month period. MDHS reserves the right to extend the
				payment period under extreme circumstances.
2) Any party subject to recoupment of funds
				will be notified by email of the recoupment terms and the procedure for
				negotiating alternate recoupment terms. The party may elect to discharge the
				debt in less than one year, by increasing the amount withheld, or to request a
				lower payment if the party can demonstrate that the payment would cause an
				undue financial burden. The nature and circumstances that caused the improper
				payment may be taken into consideration by MDHS in determining whether to allow
				a decreased recoupment amount.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.12 - Penalties for Provider Due to Non-Compliance with Policy

Current through June 25, 2024
A provider shall receive the following penalties when
				  non-compliance with any written CCPP program policy is violated. This Rule
				  applies to only those policy violations that do not result in an improper
				  payment. Examples of non-compliance include but are not limited to:
1. Provider closure outside of allowable
				days
2. Not maintaining sign in/out
				sheets on site for a period of 3 (three) years
3. Not meeting training requirements by
				provided deadlines when policy violations occur, the following penalties will
				be enacted:
A. When the policy violation
				impacts the health and safety of children and/or staff:
a. First Identified Instance: Suspension of
				new certificates for a period of 6 (six) months from the date of identification
				of violation.
b. Second Identified
				Instance: Suspension from CCPP for a period of 1 (one) year from the date of
				identification of violation.
c.
				Third Identified Instance: Permanent termination from participation in the
				CCPP.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.13 - Penalties for Participants Due to Non-Compliance with Policy

Current through June 25, 2024
A participant shall receive the following penalties when
				  non-compliance with any written CCPP program policy is violated. This Rule
				  applies to only those policy violations that do not result in an improper
				  payment. Examples of non-compliance include but are not limited to:
1. Forging signatures on submitted
				documents
2. Submitting false
				information to DECCD for any reason
3. Failure to report changes as required in
				this policy manual
When policy violations occur, the following penalties will be
				  enacted:
a. First Identified Instance:
				Suspension from CCPP for a period of six (6) months and mandatory policy
				training prior to the end of suspension.
b. Second Identified Instance: Suspension
				from CCPP for a period of one (1) year and mandatory policy training prior to
				the end of suspension.
c. Third
				Identified Instance: Permanent termination from participation in the CCPP.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.14 - Administrative Agency Appeal

Current through June 25, 2024
An administrative agency appeal hearing is available for any
				  child care provider, applicant or recipient upon written request to the
				  Administrative Hearings Division of the Office of the Inspector General (OIG)
				  of MDHS. An administrative agency appeal hearing provides an opportunity for a
				  more formal review when the child care provider, applicant, or recipient
				  disagrees with an adverse action that was taken directly by MDHS. MDHS
				  Programmatic Administrative Agency Appeal Hearing Policy is incorporated herein
				  by reference (See Part 23, Chapter 3 can be found at:
				  https://www.sos.ms.gov/adminsearch/ACCode/00000671c.pdf [File Link Not
				  Available])
45 CFR
				  98.91; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.15 - Civil Action

Current through June 25, 2024
MDHS may pursue civil action in a court of competent
				  jurisdiction if a parent or child care provider breaches a repayment
				  agreement.
45 CFR
				  98.11; Miss. Code Ann. §
										43-1-27; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: March
				  2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 9 - Program Compliance › Rule 18-17-9.16 - Criminal Prosecution

Current through June 25, 2024
If there is sufficient evidence of a Suspected Intentional
				  Program Violation (SIPV), the evidence shall be referred for criminal
				  prosecution if the potential improper payment amount is over $50,000. Criminal
				  prosecution shall be consistent with state and federal law. MDHS shall collect
				  the improper payment through repayment agreement or court ordered restitution.
				  When a case is referred for criminal prosecution, MDHS reserves the right to
				  enact any of the penalties identified in this manual at their sole discretion,
				  including but not limited to permanent disbarment from the
				  program.
45 CFR
				  98.100(d);
				  45 CFR 98.11; Miss. Code Ann.
				  §
										43-1-27; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: May
				  2023
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 10 - Child Care Consumer Education › Rule 18-17-10.1 - Child Care Consumer Education

Current through June 25, 2024
A. Website
In compliance with the reauthorization of the Child Care
				  Development Block Grant (CCDBG) Act, the child care consumer education website
				  is designed to be a current and comprehensive resource regarding child care in
				  Mississippi. This website is located at
www.mdhs.ms.gov
.
B. Additional Consumer and Provider Education
The Division of Early Childhood Care and Development (DECCD)
				  shares information through the consumer education website, the Child Care
				  Resource and Referral Centers, as well as through DECCD's staff in the Child
				  Care Payment Program (CCPP) office. These outlets utilize a combination of the
				  following methods: written materials, electronic communication, and
				  face-to-face meetings.
C.
				Inspection Reports
The Mississippi State Department of Health (MSDH) monitoring
				  and inspection reports of all child care centers participating in CCPP shall be
				  accessible on the consumer education website. Parents and other individuals who
				  wish to access these reports may search by provider name, provider type, city,
				  county, or year. Reports include the date of the inspection, any findings or
				  violations, information on corrective action (if applicable), and the date the
				  corrective action was satisfactorily completed. Inspection reports are kept on
				  the website for a minimum of seven (7) years.
D. Social -Emotional and Behavior Issues
The MDHS position statement on social, emotional and
				  behavioral health and the use of suspension and expulsion in early care and
				  education settings states the following: DECCD will work with child care
				  providers and other Mississippi early childhood stakeholders to invest in child
				  care workforce preparation and development. This process shall be designed to
				  ensure that early childhood programs promote children's social- emotional and
				  behavioral health and eliminate or severely limit the use of expulsion,
				  suspension, and other exclusionary discipline practices.
45 CFR
				  98.33; Miss. Code Ann. §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: October
				  2021
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 17 - Division of Early Childhood Care and Development Child Care Payment Program Policy Manual › Chapter 10 - Child Care Consumer Education › Rule 18-17-10.2 - Developmental Screenings

Current through June 25, 2024
MDHS will collect and disseminate information through the
				  consumer education website on an ongoing basis, continuously updating existing
				  resources and services for conducting developmental screenings and providing
				  intervention services as needed. Also, the MECIC works to educate providers
				  through professional development to recognize the need for developmental
				  screenings and to provide resources for referrals. This information may be
				  found on the consumer education website. These referred services include the
				  use of the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)
				  program and development screening services available under the Individuals with
				  IDEA. The website describes how a family or eligible child care provider may
				  utilize the resources and services to obtain developmental screenings for
				  children receiving child care assistance and who may be at risk for cognitive
				  or other developmental delays. The consumer education website describes the
				  process for providers receiving CCDF assistance to provide referrals for
				  services to obtain developmental screenings for children. MDHS will include
				  information to parents regarding resources for developmental screenings in the
				  Parent Approval Letter received upon being determined eligible for the
				  CCPP.
45 CFR
				  98.33(c); Miss. Code Ann.
				  §
										43-1-2(4); Miss.
				  Code Ann. §
										43-1-4 Revised: October
				  2021
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 1 - General Overview › Rule 18-18-1.1 - Authority and Purpose

Current through June 25, 2024
A. The Division of
				Youth Services (DYS) administers probation, aftercare services and
				institutional programs for juveniles who have been adjudged delinquent in
				Mississippi Youth Courts or are at risk of becoming delinquent.
B. DYS provides professional counseling,
				probation supervision and related services to children in their home
				communities, as well as education, rehabilitation and treatment services to
				children committed to institutional care.
Miss. Code
				  Ann. §
										43-27-8, Miss. Code Ann. §
										43-27-10, Miss. Code Ann. §
										43-27-22,
				  34 U.S.C. §§
											11131-11133
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 1 - General Overview › Rule 18-18-1.2 - Youth Services Contact Information

Current through June 25, 2024
Address: Mississippi Department of Human Services
Division of Youth Services
Oakley Youth Development Center
2375 Oakley Road
Raymond, MS 39154
Fax: 601-857-0590
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.1 - Admissions and Intake

Current through June 25, 2024
The Mississippi Department of Human Services, Division of
				  Youth Services, Oakley Youth Development Center shall only admit those youth
				  legally authorized for admission, after being provided with an admission packet
				  which provides an accurate account of the youth's history and current needs, so
				  that OYDC can ensure that the youth's medical, educational, mental health, and
				  treatment needs can be met by the resources available at the
				  facility.
Miss. Code
				  Ann. §
										43-21-603(8)(a)-(f),
				  Miss. Code Ann. §
										43-27-25
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.2 - Youth Screening and Assessment

Current through June 25, 2024
A. The Mississippi
				Department of Human Services, Division of Youth Services, shall ensure every
				youth entering Oakley Youth Development Center undergo a formal screening and
				assessment.
B. The results of the
				screening and assessment instruments shall be used to develop a service plan
				designed to address the care and rehabilitative needs of the youth.
Morgan v.
				  Sproat, 432 F. Supp. 1130 (S.D. Miss. 1977)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.3 - Intake Management Unit (IMU)

Current through June 25, 2024
Youth who are admitted to Oakley Youth Development Center
				  shall be housed on the Intake Management Unit until the Intake and Orientation
				  processes are completed.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.4 - Length of Stay

Current through June 25, 2024
A. Only youth who
				are adjudicated for a felony-level offense may be admitted to Oakley Youth
				Development Center.
B. Youth
				released from Oakley Youth Development Center must commit a new felony-level
				offense to be considered for readmission to the facility.
C. Objective criteria will be used to
				determine the length of stay for youth at Oakley Youth Development
				Center.
D. These criteria will take
				into consideration the youth's risk to the community based on his/her
				delinquent and social history as well as the youth's demonstrated
				rehabilitation while at the facility.
E. Youth who complete all programming
				requirements and who demonstrate rehabilitation may have their stay at the
				facility shortened.
F. Conversely,
				youth who do not meet his/her individual treatment goals and/or engage in
				disruptive, aggressive, destructive, and disrespectful behavior may have their
				stay extended.
Miss. Code
				  Ann. §
										43-21-605, Miss. Code Ann. §
										43-27-25
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.5 - Classification System

Current through June 25, 2024
A youth's privileges, restrictions, opportunities, and
				  sanctions will be based on demonstrated behavior. Therefore, MDHS shall
				  establish a Classification System to determine housing unit placement based on
				  the youth's risk of chronic or violent misconduct. The Classification System
				  will be part of an overall behavior management system, which includes the
				  Behavior Incentive System, Behavior Management Isolation, Due Process
				  Isolation, and Length of Stay calculations. Furthermore, at no time shall a
				  youth's Constitutional Rights be violated as a punishment for poor
				  behavior.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.6 - Service Plans

Current through June 25, 2024
A. A written and
				individualized plan based on standardized assessments shall be developed for
				each youth housed at Oakley Youth Development Center (OYDC).
B. The Service Plans shall guide the
				continual rehabilitative efforts of staff servicing youth housed at
				OYDC.
C. Furthermore, a youth's
				Service Plan shall be used to facilitate a youth's re-entry into the
				community.
Morgan v.
				  Sproat, 432 F. Supp. 1130 (S.D. Miss. 1977)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.7 - Treatment Teams

Current through June 25, 2024
There shall be Treatment Teams, composed of multidisciplinary
				  professionals, who observe the youth, evaluate progress, and identify
				  impediments to progress. All programming activities used to modify and monitor
				  the behavior of youth shall be developed and coordinated by a Treatment Team.
				  This team shall meet with youth on an individual and regular basis to discuss
				  treatment goals and objectives as well as to assess progress.
Morgan v.
				  Sproat, 432 F. Supp. 1130 (S.D. Miss. 1977)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.8 - Youth Master File

Current through June 25, 2024
The Mississippi Department of Human Services, Division of
				  Youth Services, Oakley Youth Development Center, will establish Youth Master
				  Files for every youth in the facility. The use and content of all Youth Master
				  Files shall include:
A. Secure
				placement and preservation,
B.
				Ensure confidentiality mandated by law,
C. All legal documents and correspondence
				relating to the youth, and
D. All
				progress and other reports made during the length of stay.
Miss. Code
				  Ann. §
										43-21-259
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.9 - Assessment Management Unit (AMU)

Current through June 25, 2024
Youth who are deemed to have special assessment needs or in
				  need of protection from harm shall be placed in a special housing unit designed
				  to provide specialized programing needs.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.10 - Behavior Modification Unit (BMU)

Current through June 25, 2024
MDHS will have a specialized housing unit for youth with
				  serious behaviors. The Unit shall provide intensive structure, services,
				  treatment and programs to help youth develop the skills needed to increase
				  positive behaviors and control negative behaviors with the goal of
				  reintegrating the student back into the general population.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.11 - Observation Unit

Current through June 25, 2024
MDHS will place youth in a separate observation unit due to
				  special circumstances that threaten the security and orderly management of the
				  facility until the need for special housing is resolved.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.12 - Counseling Programs And Progress Notes

Current through June 25, 2024
Qualified Mental Health Professionals (QMHP) shall provide
				  clinical services for youth with identified mental health, substance abuse,
				  anger control and adolescent sexual behavior problems. Other psycho-educational
				  programming and psycho-social services shall be provided by staff trained in
				  the application of these services. Not all interventions dictate the advanced
				  education and licensure required by a QMHP. All interventions shall be
				  evidence-based and, to the extent possible, shall utilize developed materials
				  including handouts and facilitator guides.
Morgan v.
				  Sproat, 432 F. Supp. 1130 (S.D. Miss. 1977)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.13 - Suicide Prevention

Current through June 25, 2024
A. A suicide
				prevention program shall be implemented with a focus on providing an
				environment conducive to youth safety through early detection and proactive
				intervention.
B. The suicide
				prevention program shall be implemented by a multidisciplinary team and shall
				operate as a facility-wide effort.
C. All youth shall be evaluated during the
				intake process to assess the potential for suicide using objective assessment
				tools.
D. Any youth suspected of
				suicide risk shall receive treatment and supervision at the appropriate
				level.
Morgan v.
				  Sproat, 432 F. Supp. 1130 (S.D. Miss. 1977)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.14 - Behavior Incentive System

Current through June 25, 2024
A behavior incentive system shall be implemented to provide
				  rewards to promote meaningful behavior change in all youth residing at Oakley
				  Youth Development Center. The behavior incentive system will support each youth
				  in attaining behavior change goals identified in the Service Plan and monitored
				  daily by the youth and staff members.
Morgan v.
				  Sproat, 432 F. Supp. 1130 (S.D. Miss. 1977)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.15 - Honor's Program

Current through June 25, 2024
A program for eligible youth that provides the youth
				  opportunities to learn about, understand, and value civic and community
				  involvement shall be maintained. As part of the program, youth will complete a
				  variety of work projects both in and outside the facility to improve the
				  community.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.16 - Structured Programming

Current through June 25, 2024
Structured programming shall be provided to each youth from
				  the moment they wake up in the morning until they go to bed at night.
				  Activities shall provide pro-social opportunities to mature physically,
				  socially, and mentally.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.17 - Warehouse

Current through June 25, 2024
Oakley Youth Development Center shall maintain a good
				  operational warehouse to be able to serve the youth's needs by providing
				  essential clothing, bedding, and personal hygiene items in a timely
				  manner.
Miss. Code
				  Ann. §
										43-27-12
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.18 - Sanitation: Housekeeping and Inspection

Current through June 25, 2024
Oakley Youth Development Center shall comply with applicable
				  Federal, State, and local sanitation health codes and regulations.
				  Environmental health programs related to housekeeping shall be regularly
				  monitored to ensure a high standard of sanitation, address deficiencies in a
				  timely manner as well as ensure that all youth housed at Oakley Youth
				  Development Center are kept in a healthy and safe
				  environment.
Miss. Code
				  Ann. §
										43-27-12
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.19 - Food Service

Current through June 25, 2024
Oakley Youth Development Center shall serve youth meals that
				  are nutritionally balanced, well-planned, and prepared according to current
				  government health and safety regulations and codes.
Miss. Code
				  Ann. §
										43-27-12
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.20 - Visitation

Current through June 25, 2024
The Mississippi Department of Human Services, Division of
				  Youth Services, Oakley Youth Development Center shall provide opportunity and
				  make reasonable accommodations for in-person visitation during established
				  hours and in accordance with procedures that safeguard the security of the
				  facility.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.21 - Attorney Access

Current through June 25, 2024
All youth housed at Oakley Youth Development shall have the
				  right to seek legal assistance and to have uncensored, confidential contact by
				  telephone, in writing or in person with their legal
				  representative.
Miss. Code
				  Ann. §
										43-27-201
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 3 - Institutional Practices › Rule 18-18-3.22 - Telephone Usage

Current through June 25, 2024
MDHS shall allow youth access to make and receive personal
				  calls from his/her guardian during established hours and in accordance with
				  procedures that safeguard the security of the facility.
Miss. Code
				  Ann. §
										43-27-22
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 4 - Educational Practices › Rule 18-18-4.1 - Regular Education: Curriculum

Current through June 25, 2024
The Mississippi Department of Human Services, Division of
				  Youth Services, will adhere to all required accreditation standards in
				  accordance with the Mississippi Nonpublic School Accountability Standards as
				  approved by the Mississippi State Board of Education.
Miss. Code
				  Ann. §
										37-17-7, Miss. Code Ann. §
										43-27-29
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 4 - Educational Practices › Rule 18-18-4.2 - Special Education: Admission Procedures

Current through June 25, 2024
MDHS will make education placement decisions for new students
				  admitted to Oakley Youth Development Center in a reasonable time and based on
				  the findings of the educational screening process.
Miss. Code
				  Ann. §
										43-27-29
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 4 - Educational Practices › Rule 18-18-4.3 - Special Education: Initial Evaluation

Current through June 25, 2024
The Mississippi Department of Human Services, Division of
				  Youth Services, will provide a comprehensive evaluation to determine
				  eligibility for special education services for all students suspected of having
				  a disability.
Miss. Code
				  Ann. §
										43-27-29
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 4 - Educational Practices › Rule 18-18-4.4 - Special Education: Child Find

Current through June 25, 2024
The Mississippi Department of Human Services, Division of
				  Youth Services will ensure that all students within its jurisdiction suspected
				  of having a disability are identified and evaluated for special education and
				  related services. These requirements apply to highly mobile children with
				  disabilities and children who are suspected of having a disability and may be
				  in need of special education though they are advancing from grade to
				  grade.
20 U.S.C. §
											1400
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 4 - Educational Practices › Rule 18-18-4.5 - Class Size

Current through June 25, 2024
Oakley Youth Development Center class sizes will not exceed a
				  ratio of one (1) teacher for every ten (10) students. An educational
				  administrator will monitor class sizes as students enter and withdraw from the
				  school.
Miss. Code
				  Ann. §
										43-27-29
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 18 - Division of Youth Services-Oakley Youth Development Center Policy Manual › Chapter 4 - Educational Practices › Rule 18-18-4.6 - Multi-Tiered System of Supports (MTSS)/Teacher Support Team (TST)

Current through June 25, 2024
MDHS will comply with existing state and federal law
				  regarding the implementation of the Multi-Tiered System of Supports process for
				  general education students. Upon admittance to the MDHS/DYS facility, all
				  general education students will participate in the Three Tier Model created and
				  required by the Mississippi Department of Education. The Three Tier Model is
				  designed to facilitate success for all students, including those students
				  deemed as struggling or at risk of failing.
Miss. Code
				  Ann. §
										43-27-29