Law:
Mississippi Code
The Mississippi Child Care Licensing Law governs the licensing
of child care facilities.
Referenced Statutes: Mississippi Code of 1972 - Sections 43-15-1,
43-15-5, 43-15-7, 43-15-9, 43-15-105, 43-15-107,
43-15-111, 43-15-113,
43-15-115, 43-15-117, 43-15-119, 43-15-123, 43-16-3, 43-16-7
and
Sections 43-20-1 through 43-20-21.
Family Oriented
The goal of placement shall be to strengthen, repair and
reunify the family.
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What is Licensing?
Licensing is a form of regulatory process geared toward
reducing risks and thereby providing protection for persons who may
use the service.
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What is
the Basis for Licensing?
The basis for the licensing of residential child caring
facilities is vested with the Mississippi Department of Human Services.
The Mississippi Department of Human Services shall have the authority,
and it shall be its duty to administer and supervise the licensing and
inspection of all private child placing and residential child caring
facilities, for the care of dependent and neglected children in foster
family homes, in addition to maintaining the staff/child ratio.
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What
Facilities Must be Licensed?
All facilities not required to register under the Residential
Child Notification Act, Mississippi Code 1972, Sections 43-16-1 through
43-16-23, shall be licensed by the Mississippi Department of Human Services,
provided minimum requirements have been met.
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Need for Protection
In an effort to protect children, it is sometimes deemed
necessary to arrange alternate living care. The protection of
these children and assurance that they are cared for are the primary
responsibility of the state.
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Licensing Enforcement
Enforcement of licensing standards is the responsibility
of the MDHS licensing staff provided a facility is MDHS licensed. Without
enforcement, the state's responsibility for protecting children has
no basis.
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Chartered
All residential child caring facilities are required to
be chartered.
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Licensing Activities
Inquirers regarding licensing are not encouraged to apply
for a license until they have reviewed Licensing Standards regarding
the services they propose to offer and about licensing regulations governing
the provision of those services.
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Licensing
Study for Child Placing Agencies
The initial licensing study for child placing agencies
requires a review of office space and equipment, emphasis is given to
staffing, program policies and organization. It is not always possible
to measure these services until the agency has been in operation for
a period of time.
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Licensing
Study for Residential Child Care
The initial licensing study for residential child care
is more complex. The process from initial planning, fund raising, and
staffing may take a year or longer. Occasionally, rules pertaining to
the physical facilities site may require several on-site visits.
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Re-licensing
Licensing Standards for residential child caring and child
placing agencies require licensee to submit an application for relicensure
at least sixty (60) days before expiration date of the current license.
When a timely reapplication is submitted, the current license remains
in effect until the state licensor issues or denies the request for
re-licensure. Once the minimum requirements have been met, the license
is issued.
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Monitoring
The primary purpose of monitoring is to review areas previously
noted as weak or deficient, to follow up on complaints, or to make routine
checks of previously cited violations.
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Review of Records
There are two types of files that facilities are required
to maintain.
- Each personnel file must contain professional credentials,
four letters of reference (one former employer and three personal),
yearly performance evaluations, criminal background check and
MDHS Central Registry check.
- Each resident file should contain court order, placement
agreement, educational records, treatment plan, current
medical report and individual service/case plan.
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Consultation
Consultation given by licensing staff falls into three
categories:
- Methods for coming into compliance
- Improvement of services above the required regulations, and
- Assisting the licensee by making referrals to sources of information
in other departments.
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Negative Licensing
Action
Negative licensing action will not come as a surprise
to applicants or licensees, as they will be apprised of any and all
action(s) that will be taken against them.
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Waivers
The licensing staff is responsible for determining the
reasons and merits for any request for a waiver, alternative ways to
comply and more importantly, potential adverse effects on children.
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Types of Services
There are currently three types of services under licensure.
- Emergency shelter - short term, full time care for children for
30-45 days
- Long term residential care for children requiring more intensive
services by professional staff
- Residential care for children that are not able to return home
to their families.
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Due Process
Every person/organization whose activities are regulated
through licensing requirements has the right to a notice of the requirements,
noncompliance, information for correcting areas of noncompliance, and
a reasonable time frame for coming into compliance. Each agency/person
has the right to a fair hearing.
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Equal Treatment
Licensing requirements will be enforced equally for all
MDHS-licensed agencies.
- Click on "Licensed
Facilities" to see
a map displaying the Licensed Child Placing and Residental Child
Care Facilities for the State of Mississippi.
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The Child Residential
Home Notification Act/ Registration of Unlicensed Residential Homes
Unlicensed residential facilities are required to submit
a monthly report to the Mississippi State Department of Health, Division
of Child Care Facilities Licensure.
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