reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.2 - Definition

Current through June 25, 2024
1. A summer day camp is defined as a child
					 care facility that operates during May, June, July, and/or August only, for a
					 minimum of 22 days and a maximum of 16 weeks.
2. A school age program is defined as a child
					 care facility that operates during the school year. These programs may also
					 operate 12 months a year. School age programs that operate 12 months a year
					 shall meet "School Age Program" space requirements for determining maximum
					 capacity.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.3 - Enrollment

Current through June 25, 2024
Summer day camps and school age programs shall not
						enroll children under five years of age.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.4 - Maximum Capacity

Current through June 25, 2024
All children enrolled (including those over 13 years of
						age) shall be included in calculating the maximum capacity of the
						facility.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.5 - Summer Day Camp & School Age Program Director Qualifications

Current through June 25, 2024
1. A summer day camp director shall be at
					 least 21 years of age, and shall have, at a minimum:
a. A bachelor's degree with a minimum of 18
					 semester hours in elementary or secondary education or a field such as
					 recreation, physical education, psychology (with emphasis in child/adolescent
					 psychology), or special education, or one related to day camp or school age
					 program operations.
OR
b.
					 A two year associate degree in child development technology or related field.
OR
c.
					 A Mississippi Department of Human Services Office for Children and Youth
					 Director's Child Care Credential, or 15 semester hours credit with a grade of
					 "C" or better from an accredited college or university in courses listed in #1
					 above with an additional two years of experience as a caregiver or caregiver
					 assistant in a licensed child care facility (Any college course(s) submitted
					 for consideration are subject to approval by the licensing authority).
OR
d.
					 A high school diploma or equivalent (GED) and four years experience in a school
					 age program or four summers in a day camp program.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.6 - Caregiver CPR and First Aid Certification

Current through June 25, 2024
1. All
					 caregivers in summer day camps are required to have current CPR and first aid
					 certification, copies of which shall be kept with their personnel
					 records.
2. In school age programs
					 that operate in a central location there shall be at least one caregiver on the
					 premises at all times the facility is in operation that has a current
					 certification in CPR and first aid. When groups of children are away from the
					 central location for field trips etc., there shall be at least one caregiver
					 with the group that holds a current certification in CPR and first
					 aid.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.7 - Facility Record Storage

Current through June 25, 2024
Facility records may be retained in the administrative
						office.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.8 - Indoor Square Footage and Grouping

Current through June 25, 2024
1. For summer day
					 camps that routinely operate indoors in a permanent structure for two or more
					 hours each day a minimum of 25 square feet of usable indoor floor space, per
					 child per room, shall be maintained for each child. This shall not include
					 hallways, bathrooms, closets, storage rooms, offices, or kitchens. When a room
					 is used for meals, the minimum square footage per child requirement will not
					 apply.
When children are placed in groups, the maximum group
						size shall be determined by the following chart.
Age of Children in the Group
MAXIMUM
number of children
ALLOWED
in a group of children this age
MINIMUM
number of caregivers
REQUIRED
for a group of children this age
MINIMUM
square footage
REQUIRED
for a group of children this age
5-9 years
20 children
1 caregiver
25 square feet per child
10-12 years
25 children
1 caregiver
25 square feet per child
2. When activities for children are routinely
					 conducted outdoors or off the premises for six or more hours each day, the
					 following requirements shall apply:
a. There
					 shall be a permanent structure that serves as a home base where parents deliver
					 and pick up children.
b. There
					 shall be a minimum of ten square feet per child usable indoor space available
					 in the event of inclement weather.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.9 - Nutrition

Current through June 25, 2024
1. For summer day camps or school age
					 programs that routinely operate indoors in a permanent structure, snacks, and
					 meals may be provided by the parents if the parents are given and adhere to
					 policies regarding acceptable nutritional standards, as prescribed in Appendix
					 "C" Minimum Standards for Nutritional Care in Child Care Facilities. When
					 nutritional standards are not met by snacks and meals provided by parents, it
					 is the summer day camp's or school age program's responsibility to see that
					 children are provided acceptable snacks and meals, prepared on-site or by a
					 permitted catering establishment.
2. For summer day camps operating primarily
					 as an outdoor program away from the home base, the following exceptions shall
					 apply:
3. Milk is not required to
					 be served in programs routinely operating outdoors or off the premises for six
					 or more hours each day.
4. If food
					 is brought from home or catered, there shall be sanitary cold storage
					 available.
5. All summer day camps
					 shall have an adequate water supply. Potable water, from a Mississippi State
					 Department of Health approved source, shall be used for drinking. Fresh water
					 shall be provided daily in closed containers.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.10 - Transportation

Current through June 25, 2024
1. The staff-to-child ratio shall be
					 maintained at all times.
2. The
					 driver of the vehicle may be counted as a caregiver while transporting the
					 children.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.11 - Toilets and Hand Washing Lavatories

Current through June 25, 2024
1. The following
					 ratios shall apply:
Number of Toilets and
Number of Children
Hand washing Lavatories
1-30
1 of each
31-60
2 of each
60-90
3 of each
2. For each additional 30 children or portion
					 thereof, add one toilet and one hand washing lavatory.
3. Urinals (in boys' restrooms) shall count
					 as one-half (1/2) a toilet not to exceed 33 percent of the total number of
					 toilets required.
4. Separate
					 facilities for boys and girls shall be provided.
5. For summer day camps operating primarily
					 as an outdoor program away from the home base, alternative methods of hand
					 washing may be provided.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.12 - Equipment

Current through June 25, 2024
Archery equipment, firearms (e.g., skeet shooting,
						target practice, etc.), power equipment, and other potentially hazardous items
						shall be stored in a locked area when not in use. These items shall be used by
						children only under the direction and supervision of an individual certified by
						a state or national organization recognized by the Mississippi State Department
						of Health.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 23 - SUMMER DAY CAMP & SCHOOL AGE PROGRAMS › Rule 15-11-55-1.23.13 - Immunization Requirements

Current through June 25, 2024
Children properly enrolled in a Summer Day Camp or
						School Age Program are not required to have a Certificate of Immunization
						Compliance (MSDH Form 121) in their record.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.1 - General

Current through June 25, 2024
For a child care facility operating pursuant to a
						license for an "Hourly Child Care," the regulations for child care facilities
						shall apply, except when inconsistent with the requirements of this section,
						and then the requirements of this section take precedence.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.2 - Definition

Current through June 25, 2024
1. An "Hourly Child Care Facility" is defined
					 as a facility that meets the provisions of these regulations for a "Child Care
					 Facility" and:
a. Limits the care of a child
					 to no more than eight hours per stay not to exceed a total of 45 hours in any
					 calendar month period.
b. Provides
					 supervised, short term, hourly care on a temporary basis in conjunction with a
					 specific facility or business complex such as, but not limited to, hotels;
					 shopping malls; recreational, sporting, or entertainment facilities.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.3 - Facility Policy and Procedures

Current through June 25, 2024
1. Parents shall be
					 provided a written statement of policies pertaining to emergencies, meals,
					 snacks, procedures for releasing a child to parent, and any other information
					 regarding hourly child care facility operation. All policies and procedures
					 will be submitted to the licensing agency and reviewed prior to a license being
					 issued. Written guidelines will be provided to applicants as part of the
					 application packet.
2. The care of
					 a child shall be no more than eight hours per stay and shall not exceed a total
					 of 45 hours in any calendar month period.
3. When business hours exceed 12 hours in a
					 24-hour period, the program will be reviewed on an individual basis for
					 compliance with regulations addressing evening and overnight care.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.4 - Personnel Requirements

Current through June 25, 2024
Students in a field study placement, a practicum, or
						vocational child care training program may not assist in the care of the
						children in hourly child care facilities.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.5 - Records and Reports

Current through June 25, 2024
In addition to all records and reports required in these
						regulations, hourly child care facilities shall maintain a log containing the
						name, address, and home phone number of each child along with the date and time
						of arrival and departure. The hourly child care facility shall maintain
						information necessary to contact local law enforcement officials and the
						Mississippi Department of Human Services when a child is left at the facility
						past its hours of operation, or for an extended period.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.6 - Health Records

Current through June 25, 2024
Sample forms for duplication will be provided to
						operators to ensure adequate health information is taken on the children
						served. Only forms that substantially comply with the aforementioned sample
						forms will be acceptable. Registration forms will include a signed statement
						that will serve as verification that a child has received all age-appropriate
						immunizations. Other information to be included on the form will be the home or
						forwarding phone numbers and addresses to be used when the parent must be
						informed of situations or conditions after the child is no longer at the hourly
						child care facility.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.7 - Program of Activities

Current through June 25, 2024
Hourly child care facility programs are exempt from the
						requirement that a planned written program of activities be submitted as part
						of the licensing process. However, the facility shall provide adequate space
						and equipment to allow children to choose between quiet and active play.
						Appropriate toys and books for quiet play shall be maintained in a physically
						separate area that is a sufficient distance from active play to reduce noise
						and to assure a quiet, relaxed environment.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.9 - Nutrition

Current through June 25, 2024
Parents of children being cared for in an hourly child
						care facility shall be informed in writing of the availability of meals and the
						following requirements:
1. When a
					 child is in a facility for three or more hours, a snack shall be
					 provided.
2. Children under five
					 years of age will be provided snacks on request, regardless of the length of
					 time spent in the facility.
3. At
					 regular meal times, all children present shall be offered a meal. Regular meal
					 times are defined as follows:
a. Breakfast -
					 between 7 a.m. and 9 a.m.
b. Lunch
					 - between 11 a.m. and 1 p.m.
c.
					 Supper - between 5 p.m. and 7 p.m.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 24 - HOURLY CHILD CARE › Rule 15-11-55-1.24.10 - Abuse and Neglect Reports

Current through June 25, 2024
1. All employees
					 will be informed by the hourly child care facility director of the individual's
					 responsibility in reporting suspected abuse and neglect. Copies of the child
					 abuse law shall be provided to each employee (Appendix "A").
2. Reports of suspected child abuse or
					 neglect will be made to the Mississippi Department of Human Services and/or
					 local law enforcement officials in accordance with state law. Because abused or
					 neglected children requiring immediate attention are often identified after
					 traditional business hours of the Mississippi Department of Human Services,
					 reports of this nature shall also be made to local law enforcement.
3. Hourly child care facility operators
					 and/or directors are encouraged to establish a working relationship with local
					 law enforcement authorities and the Mississippi Department of Human Services.
					 In extreme situations where local county Department of Human Services staff
					 cannot be reached, operators and/or directors will report to the statewide
					 24-hour Child Abuse Hotline at 1-800-222-8000.
4. Operators and/or directors will work in
					 conjunction with the local law enforcement and the Mississippi Department of
					 Human Services to establish a workable procedure for reporting cases when a
					 child has been left at the hourly child care facility for an extended period of
					 time after business hours or when allowing a child to leave the hourly child
					 care facility will place that child at risk or in potential danger.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.1 - Emergency Suspensions of License

Current through June 25, 2024
1. Any license
					 issued pursuant to these regulations may be suspended prior to a hearing if the
					 licensing agency has reasonable cause to believe that the operation of the
					 child care facility constitutes a substantial hazard to the health or safety of
					 the children cared for by the child care facility.
2. Whenever a license is to be suspended, the
					 operator or director shall be notified in writing that the license, upon
					 service of the notice, is immediately suspended. The notice shall contain the
					 reason for the emergency suspension, and shall set a date for a hearing, which
					 shall be within 14 days of the service of notice.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.2 - Denial, Revocation, or Suspension of License

Current through June 25, 2024
The licensing agency may deny, refuse to renew, suspend,
						revoke, or restrict a license of any child care facility upon one more of the
						following grounds:
1. Fraud,
					 misrepresentation, or concealment of a material fact by the operator in
					 securing the issuance or renewal of a license.
2. Conviction of an operator of any crime, if
					 the licensing agency finds that the acts of which the operator has been
					 convicted could have a detrimental effect on the children cared for by the
					 child care facility.
3. Violation
					 of any of the provisions of the act or of these rules and
					 regulations.
4. Any conduct or
					 failure to act, which is determined by the licensing agency to threaten the
					 health or safety of a child.
5.
					 Failure by the child care facility to have all criminal records and child abuse
					 central registry checks on file at the facility.
6. Information received by the licensing
					 authority as a result of the criminal records check (fingerprinting) or the
					 child abuse central registry check on an operator.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.3 - Notification

Current through June 25, 2024
Prior to the denial, refusal to renew, suspension,
						revocation or restriction of a license, and at the time of the imposition of
						any monetary penalty, written notice of the contemplated action shall be given
						to the applicant or person named on the license of the child care facility, at
						the address on record with the licensing agency. Such notice shall specify the
						reasons for the proposed action and shall notify the operator of the right to a
						hearing on the matter.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.4 - District Level Hearing for Monetary Penalties

Current through June 25, 2024
1. If
					 requested in writing within ten calendar days of receipt of notice of the
					 imposition of a monetary penalty, a district level hearing shall be provided in
					 which the operator or applicant may show cause why the monetary penalty should
					 not be imposed. The District Health Officer or his/her designee will preside at
					 said hearing.
2. Any hearing
					 requested pursuant to Subchapter 1.25.4(1) shall be held no less than five
					 calendar days and no more than 20 calendar days from the receipt of any request
					 for a hearing, unless both parties agree to an alternate period.
3. The district level hearing shall be
					 informal. There will be no court reporter present and the Department will not
					 be represented by counsel. However, the hearing officer will take notes of the
					 proceedings and will provide the licensee with a written order outlining his
					 decision within ten calendar days of conclusion of the district level
					 hearing.
4. Within ten calendar
					 days of the receipt of the district level decision the licensee may make a
					 written request for a hearing at the state level.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.5 - State Level Hearing

Current through June 25, 2024
1. If requested in
					 writing within ten calendar days of receipt of a notice of revocation,
					 non-renewal, probation, or suspension, or after a district level hearing has
					 been held on a monetary penalty, a hearing shall be held at the state level. At
					 the state level hearing a hearing officer shall be appointed by the State
					 Health Officer. A court reporter shall transcribe the proceeding. The hearing
					 shall be held within 30 calendar days of receipt of the request for such
					 hearing, unless waived in writing by the licensee.
2. Within 30 calendar days of the hearing, or
					 such period as determined during the hearing, written findings of fact,
					 together with a recommendation for action, shall be forwarded to the State
					 Health Officer. The State Health Officer shall decide what, if any, action is
					 to be taken on the recommendation within 14 calendar days of receipt of the
					 recommendation. Written notice of the decision of the State Health Officer
					 shall be provided to the operator.
3. At the state level hearing, the licensee
					 shall be entitled to legal representation at his or her own expense.
4. For the Rules and Procedures for State
					 Level Administrative Hearings refer to APPENDIX J of these
					 regulations.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.6 - Appeal

Current through June 25, 2024
Any operator who disagrees with or is aggrieved by a
						decision of the licensing agency concerning the suspension, revocation, or
						restriction of a license may appeal to the Chancery Court of the county in
						which the child care facility is located. The appeal shall be filed no later
						than 30 calendar days after the operator receives written notice of the final
						administrative action by the licensing agency as to the suspension, revocation,
						or restriction of the license. The operator shall have the burden of proving
						that the decision of the licensing agency was not in accordance with applicable
						law and these regulations.
If a facility is allowed to continue to operate during
						the appeal process, it will remain under the regulation of the licensing agency
						and will be subject to all current licensure regulations to include, but not
						limited to, inspection of the facility, review of facility and children's
						records, submission of all required or requested documents, and payment of all
						applicable fees and/or monetary penalties.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.7 - Injunction

Current through June 25, 2024
Notwithstanding the existence of any other remedy, the
						licensing agency may, in the manner provided by law, in term time or in
						vacation, upon the advice of the Attorney General who shall represent the
						licensing agency in the proceedings, maintain an action in the name of the
						state for injunction or other proper remedy against any person to restrain or
						prevent the establishment, conduct, management, or operation of a child care
						facility with or without a license under the act, or otherwise in violation of
						these regulations.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.8 - Criminal Penalties

Current through June 25, 2024
Any person establishing, conducting, managing, or
						operating a child care facility without a license pursuant to these regulations
						shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more
						than one hundred dollars ($100.00) for the first offense, and not more than two
						hundred dollars ($200.00) for each subsequent offense.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 25 - HEARINGS, EMERGENCY SUSPENSIONS, LEGAL ACTIONS AND PENALTIES › Rule 15-11-55-1.25.9 - Violations and Penalties

Current through June 25, 2024
In the event of an emergency occurring at a child care
						facility which makes it difficult or impossible to comply with any of these
						Rules, the facility shall not be considered to be in violation of those
						specific Rules. For purposes of this Rule 1.25.9, the term "emergency" shall
						include only the following:
(a)
					 Inclement weather;
(b) Damage to
					 the facility and/or structure which might require moving, transferring or
					 consolidation of children;
(c)
					 Traumatic injury or acute illness of a caregiver or the caregiver's immediate
					 family while the caregiver is on-site resulting in the caregiver having to
					 leave the premises;
(d) During any
					 declaration of emergency by local or state officials;
(e) An injury or illness of a child at the
					 facility requiring the immediate attention of one or more caregivers, resulting
					 in non-compliance with child-to-staff ratio or room capacity; and
(f) During a period when Department
					 inspectors or other government official require facility staff to temporarily
					 not be able to perform their normal supervisory duties.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 1 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OF FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 26 - RELEASE OF INFORMATION › Rule 15-11-55-1.26.1

Current through June 25, 2024
Information in the possession of the licensing agency
						concerning the license of individual child care facilities may be disclosed to
						the public, except such information shall not be disclosed in such manner as to
						identify children or families of children cared for at a child care facility.
						Nothing in this section shall affect the agency's authority to release findings
						of investigation into allegations of abuse pursuant to either Sections
						43-21-353(8)
						and Section
						43-21-257
						Mississippi Code of 1972, annotated.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 1 - GENERAL › Rule 15-11-55-2.1.1 - Legal Authority

Current through June 25, 2024
The "Mississippi Child Care Licensing Law," Section
						43-20-1 et seq.
						of the Mississippi Code of 1972 provides the legal authority under which the
						Mississippi State Department of Health prescribes minimum regulations for child
						care facilities defined under the law.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 1 - GENERAL › Rule 15-11-55-2.1.2 - Purpose

Current through June 25, 2024
1. The purpose of these regulations is to
					 protect and promote the health and safety of children in this state by
					 providing for the licensing of child care facilities as defined herein to
					 assure that certain minimum standards are maintained in such facilities. This
					 policy is predicated upon the fact that a child is not capable of protecting
					 himself, and when his parents for any reason have relinquished his care to
					 others, there arises the probability of exposure of that child to certain risks
					 to his health and safety that require the offsetting statutory protection of
					 licensing. This document and its appendices constitute the "Regulations
					 Governing the Licensure of Child Care Facilities."
2. A child care facility may exceed the
					 minimum quality standards required in these regulations, but may not operate
					 without meeting the minimum standards set forth in these regulations.
3. The maximum capacity of a child care
					 facility is determined by the indoor square footage, kitchen square footage,
					 outdoor playground area, and the number of toilets, urinals, and hand washing
					 lavatories, with the lowest capacity determination being controlling. The
					 maximum capacity of each room that is utilized by the children in a child care
					 facility is calculated individually and may not be exceeded except when
					 provided in these regulations.
4. A
					 child care facility is subject to inspection at anytime at the discretion of
					 the licensing agency.
5. The
					 Mississippi State Department of Health shall maintain a complaint hotline to
					 accommodate reporting of complaints. The department shall investigate each
					 complaint and maintain a log of such complaints. The identity of the reporting
					 party shall not be disclosed to any other person than the Child Care Licensing
					 Division staff unless upon order of a court of competent
					 jurisdiction.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 1 - GENERAL › Rule 15-11-55-2.1.3 - Severability

Current through June 25, 2024
If any provision of these regulations or the application
						thereof to any persons or circumstances shall be held invalid, such invalidity
						shall not affect the provisions or application of these regulations that can be
						given effect without the invalid provision or application, and to this end, the
						provisions of these regulations are declared severable.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 1 - GENERAL › Rule 15-11-55-2.1.4 - Definitions

Current through June 25, 2024
1. Act: The "Mississippi Child Care Licensing
					 Law," Section
					 43-20-1 et seq.
					 of the Mississippi Code of 1972.
2.
					 Agency Representative: An authorized representative of the Mississippi State
					 Department of Health.
3. Caregiver:
					 A person who provides direct care, supervision, and guidance to children in a
					 child care facility, regardless of title or occupation.
4. Child Care Facility (Facility): A place
					 which provides shelter and personal care for six or more children who are not
					 related within the third degree computed according to the civil law to the
					 operator and who are under 13 years of age, for any part of the 24 hour day,
					 whether such place be organized or operated for profit or not. The term "child
					 care facility" includes day nurseries, day care centers, child care centers,
					 preschool programs, and any other facility that fall within the scope of the
					 definition set forth above.
a. Exemptions: To
					 the extent provided by law, including those facilities or programs which
					 satisfy one or more of the requirements for exemption provided in Miss. Code
					 Ann. §
												43-20-5(a),
					 an exemption from the provisions of the Act shall be recognized by the
					 licensing agency. Facilities or programs claiming exemption shall be required,
					 upon the written request of the licensing agency, to provide documentation of
					 the facts claimed to support the basis for the exemption, which documentation
					 shall be provided within 30 days of the request by the licensing agency and
					 shall be sworn by affidavit to be true and accurate under the penalties of
					 perjury. However, any entity exempt from the requirements to be licensed but
					 voluntarily chooses to obtain a license is subject to all provisions of the
					 licensing law and these regulations.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 2 - LICENSURE › Rule 15-11-55-2.2.1 - Requirement for Licensure

Current through June 25, 2024
1. No person shall
					 establish, own, operate, conduct, or maintain a child care facility in this
					 state without a license issued pursuant to these regulations.
2. The licensing authority will require no
					 entity exempt from the licensure requirement to apply for a license. However,
					 should an exempt entity desire to obtain a license, it will be subject to these
					 regulations.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 2 - LICENSURE › Rule 15-11-55-2.2.3 - Application for License

Current through June 25, 2024
An application for a license under these regulations
						shall be made to the licensing agency upon forms provided by it and shall
						contain such information as the licensing agency may reasonably
						require.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 2 - LICENSURE › Rule 15-11-55-2.2.4 - License Fee

Current through June 25, 2024
All application fees, licensure fees, renewal fees, and
						administrative charges shall be paid by certified check or money order payable
						to the Mississippi State Department of Health, are nonrefundable. Checks
						returned for insufficient funds, closed account, etc., shall be assessed an
						additional $50 fee.
1.
Application Fee
.................................................................................................
.$130.00
2.
Initial Licensure Fee
........................................................................................
.$ 97.50
3.
Renewal Fee
......................................................................................................
.$ 97.50
4.
Reinstatement Fee
............................................................................................
.$260.00
5.
Returned Check Fee
........................................................................................
.$ 50.00
6.
Late Fee
.............................................................................................................
.$ 25.00
7.
Fingerprinting Fee (Per Fingerprint
								  Card)
...................................................
.$ 50.00
NOTE:
Except for the fingerprinting fee, no
						governmental entity or agency that operates a child care facility shall be
						required to pay the fees set forth in this section. Third party providers that
						contract with a state agency for the provision of child care services are
						subject to all fees, monetary penalties, etc. Further, should an entity exempt
						from licensure apply for a license it shall be subject to all fees listed in
						this section.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 2 - LICENSURE › Rule 15-11-55-2.2.5 - Certificate of Inspection by Fire Department

Current through June 25, 2024
A certificate of inspection and approval by the fire
						department of the municipality or other political subdivision in which
the child care facility is located shall be submitted to
						the licensing agency with the application and license fees. Except that if no
						fire department exists where the facility is located, the State Fire Marshall
						shall certify as to the inspection for safety from fire hazards.
The inspection form to be used for fire inspections shall
						be MSDH Form #333 and shall be signed by a signatory authority of the fire
						inspection authority making the inspection.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 2 - LICENSURE › Rule 15-11-55-2.2.6 - Inspection

Current through June 25, 2024
An agency representative(s) shall inspect each child
						care facility prior to issuing or renewing a license to assure compliance with
						these regulations.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 2 - LICENSURE › Rule 15-11-55-2.2.7 - Record of Inspection

Current through June 25, 2024
Whenever an inspection is made of a child care facility,
						the findings shall be recorded on an official inspection form and furnished to
						the operator, director, and/or their representative, at the time the inspection
						is made.
Miss. Code Ann.
						§
												43-20-8.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 11 - Bureau of Child Care Facilities › Subpart 55 - Child Care Facilities Licensure › Chapter 2 - REGULATIONS GOVERNING LICENSURE OF CHILD CARE FACILITIES FOR 12 OR FEWER CHILDREN IN THE OPERATOR'S HOME › Subchapter 2 - LICENSURE › Rule 15-11-55-2.2.8 - Renewal of License

Current through June 25, 2024
1. The licensing
					 agency shall issue licenses that may be renewed annually. The licensing agency
					 shall mail a renewal notice, at least 75 days prior to the expiration date of
					 the license, to the address of the operator registered with the licensing
					 agency. The operator shall:
a. Complete the
					 renewal form.
b. Submit all
					 certificates of inspection and approval required by the licensing
					 agency.
c. Enclose the renewal
					 fee.
d. File the above with the
					 licensing agency at least 30 days prior to the expiration date on the license.
NOTE:
Renewal applications postmarked less
						than 30 days prior to the expiration date of the license shall be assessed a
						$25.00 late fee.