18 Miss. Code. R. 17-7.3

Current through December 10, 2024
Rule 18-17-7.3 - Completion of Application Process

Once all requirements have been met, DECCD will process the application, and email the approved provider an eligibility effective date. No payment may be issued prior to the effective date.

MSDH performs the following required CCPP functions for Providers (as mandated by Mississippi Statute and on behalf of DECCD through formal agreement):

A. Licensure/Regulatory Including but not limited to promulgation of health and safety regulations, compliance monitoring, and investigation. All child care centers participating in CCPP must have a valid license issued by MSDH, unless exempted or ineligible by statute.
1) If MSDH revokes a license for any reason, DECCD must be notified, and the child care facility must be closed in the DECCD database. Once closed, the provider must meet the requirements of MSDH and DECCD to reopen, unless the child care facility is permanently disqualified for providing child care services.
2) In the event of closure, DECCD will notify the parents of all affected children of the closure and offer assistance to find a new center.
3) MSDH recognizes three (3) types of regulatory categories:
a. Licensed- governed by Mississippi statute and MSDH regulations (www.msdh.ms.gov).
b. License Exempt- Some providers are exempted from licensure by Mississippi statute or MSDH regulations, because they are otherwise regulated and monitored by a separate governing entity, giving reasonable assurances as to health and safety. License exempt status is determined solely by MSDH.
c. Unlicensed (Family Child Care and In-Home Care) - Some providers are ineligible for licensure. According to Mississippi Statute, any family child care home in which shelter, and personal care is regularly provided for five (5) or fewer children is ineligible for licensure. An in-home care provider cares for a special need child in the child's home and is ineligible for licensure.
4) To ensure health and safety compliance as required by federal regulations, all license-exempt, family child care, and in-home care providers are required to complete an application with the Mississippi Department of Human Services (MDHS) and to register with MSDH in order to receive payment in the CCDF subsidy program. MDHS through a formal agreement with the MSDH will monitor family child care providers. The monitoring will include, at a minimum, one (1) unannounced visit per year to ensure health and safety standards, fire safety standards, and criminal background checks are in compliance. MDHS may also monitor for program compliance.
B. Criminal Background Checks

A comprehensive criminal background check is federally mandated for all child care providers participating in the CCPP and must be completed before CCPP approval for every adult, age 18 or older in any type of child care provider, including, but not limited to directors, owners, staff, volunteers, interns, and any adult, age 18 or older who may be present during caregiving hours in a residential setting, to include house guests.

1) The requisite background check must be conducted within ten (10) days from the hiring date for new employees, and providers must pay the cost of obtaining the requisite checks.
2) The comprehensive criminal background check is conducted by MSDH for licensed and registered unlicensed staff. License-exempt provider staff must obtain a commercial background check. All shall include:
a. The Federal Bureau of Investigation (FBI) criminal records, based on fingerprints
b. The National Sex Offender Registry
c. The child abuse central registry, including every state where the individual resided in the preceding five (5) years, when available
d. The state criminal registry check using fingerprints, including every state where the individual resided in the preceding five (5) years, when available
e. The state sex offender registry, including every state where the individual resided in the preceding five (5) years, when available
3) An individual shall be denied employment in a child care facility and/or a provider will be deemed ineligible for assistance for any of the following:
a. Refusal to consent to the background check
b. Knowingly making a materially false statement in connection with the background check
c. Is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry.
d. Convicted of a felony consisting of:
i. Murder
ii. Child abuse or neglect
iii. Crime against children, including pornography
iv. Spousal abuse
v. Rape or sexual assault
vi. Kidnapping
vii. Arson
viii. Physical assault or battery
ix. A drug-related offense committed in the past ten (10) years
x. Identity theft
e. Convicted of a violent misdemeanor as an adult against a child
f. DUI within the past 12 months or if the criminal record contains 2 or more DUI arrests
g. Grand larceny within the past 5 years
h. Pointing/aiming a deadly weapon
i. Threatening an informant
j. Felony and misdemeanor shoplifting-2 or more within 12 months of review
k. Monetary felonies within the past 12 months of review
4) MSDH issues letters of suitability to confirm that the staff member has completed the requisite criminal background checks and is deemed suitable to work or volunteer in a childcare facility. No individual may work or volunteer in a childcare center that cares for CCDF children until the facility receives notification from MSDH verifying the employee's suitability for employment.

License-exempt providers must maintain documentation on site of all required checks for all staff.

5) New background checks are required every five (5) years for each staff member.

18 Miss. Code. R. 17-7.3

45 CFR 98.42; 45 CFR 98.43; Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: October 2021
Adopted 3/6/2020
Amended 11/1/2021
Amended 5/15/2023