18 Miss. Code. R. 17-7.6

Current through January 14, 2025
Rule 18-17-7.6 - Ongoing Professional Development

The health and safety orientation training must be completed every two (2) years by every staff member. Additionally, licensed and unlicensed providers must follow MSDH regulations requiring 15 contact hours of professional development each year. License exempt providers must adhere to professional development requirements as prescribed by the organization that sanctions the program and upon which its license exempt status is based, in addition to the requirements of the CCPP.

The following requirements describe the expectations and requirements for all CCPP providers:

A. Prevention and control of infectious diseases (including immunization)
1) CCDBG federal regulations mandate that each child receiving CCDF subsidy and any caregiver providing subsidized childcare have current immunizations. Providers must maintain the following records for each child and each caregiver on site, and readily accessible for review by MDHS or MSDH:
2) Certificate of Immunization Compliance (MSDH Form 121, signed by the District Health Officer, a physician, nurse, or designee); or
3) Certificate of Medical Exemption (MSDH Form 122, must be approved and signed by the MSDH District Health Officer from the public health district or the State Epidemiologist).
4) Homeless children and children in foster care who receive CCPP assistance shall be granted a twenty-four (24) hour grace period from the date of admission into a CCPP-approved child care program to obtain the necessary immunization records. Payment for these children during the grace period shall not be considered an error or an improper payment.
B. Prevention of sudden infant death syndrome and the use of safe-sleep practices A safe sleep environment for infants to lower the risk of Sudden Infant Death Syndrome (SIDS) is required as follows:
1) An infant shall be placed on his/her back for sleeping unless written physician orders to the contrary are in the child's record. Sleeping infants shall be within the view of the staff and visually checked regularly when sleeping. Nothing shall obstruct the view of the staff or prevent the staff from clearly seeing infants or children.
2) Infants shall be dressed in clothing appropriate for sleeping that is designed to keep the infant warm without the possible hazard of head covering or entrapment. The room shall be kept at a draft-free seasonally appropriate temperature of 65 degrees Fahrenheit to 78 degrees Fahrenheit. If a child is already asleep and not dressed in clothing appropriate for sleeping, the caregiver does not need to awaken the infant to change his or her clothes.
3) Facilities shall use a firm mattress covered by a fitted sheet.
4) Items such as but not limited to pillows, blankets, sheepskins, bumpers, soft objects, stuffed toys, loose bedding, etc., shall not be in the crib.
5) The use of safe sleep practices for children is required as follows:
a. Individual beds, cots, mattresses, pads, or other acceptable equipment shall be used for rest periods, and children shall not be placed directly on the floor for rest periods. Bed linens, such as blankets or sheets, cannot be used in place of a bed, cot, mattress, or pad. These shall be kept in a sanitary condition. Once a sheet or blanket has been used by a child, it shall not be used by another child until it has been laundered.
b. Rest period equipment shall be clean and covered with a waterproof cover.
c. Nap pads/cots are designed for use by one (1) child only at a time.
d. Nap pads utilized by more than one (1) child shall be sanitized after each child's use. Nap pads utilized by only one (1) child shall be sanitized immediately when soiled or at least weekly.
e. Nap pads and nap cots without mattresses are not acceptable for use in 24 hour programs. Beds, cribs, or roll away cots are the only acceptable bedding for 24 hour centers.
f. The facility shall provide a crib or other similarly commercially purchased bed unit, approved and designated for the purpose of sleeping. Mobile infants, at a minimum of eight (8) months, may be placed on a mat during the transition period of crawling to walking. If such mat is used, it shall be a flame retardant, minimum of two (2) inch commercially purchased sleep mat, especially designated for the purpose of sleeping. All cribs, sleep units, and mats must be maintained clean, in sanitary condition and without chips, holes, fraying, tears, or stains. Cribs, cots, and mats are to be a minimum of 24 inches apart or separated by a solid barrier. A minimum of 36 inches is recommended.
g. Children are not allowed to sleep in shared places, such as infant seats, strollers, swings, cozy areas, or on tables. If a child falls asleep in such shared place, he or she should be moved immediately to a sanitary individual sleeping place
C. Administration of medication, consistent with standards for parental consent

A record shall be maintained of any medication administered by the director or caregiver showing the date, time, and signature of dispensing employee. A medication record may be destroyed ninety (90) days after administered the medication. Signed written authorization to obtain emergency medical treatment and to administer medication must be signed by parent or guardian and kept in child's record/file. The use of any food or medication in any manner or for any purpose other than that for which it was intended is prohibited.

D. Prevention of and response to emergencies due to food and allergic reactions

A child requiring a special diet due to medical reasons, allergic reactions, or religious beliefs, shall be provided meals and snacks in accordance with the child's needs. If medical reasons exist for the special diet, a medical prescription from the child's physician stating that the special diet is medically necessary is required. Information required for dietary modifications include:

1) Child's full name and date of instructions, updated annually
2) Any dietary restrictions based on the special needs
3) Any special feeding or eating utensils; any foods to be omitted from the diet and any foods to be substituted
4) Limitations of life activities
5) Any other pertinent special needs information
6) What, if anything, needs to be done if the child is exposed to restricted foods
E. Building and physical premises safety, including the identification of and protection from hazards, bodies of water, and vehicular traffic

All child care facility buildings shall meet all fire safety standards listed on the MSDH Form #333 and all applicable local fire safety standards and/or ordinances.

1) All fire extinguishers, as required in the fire safety plan, shall be serviced on an annual basis by a qualified fire extinguisher technician.
2) Unused electrical outlets shall be protected by a safety plug cover.
3) No extension cords shall be used in areas accessible to children.
4) Every child care facility which uses nonelectric heating and/or cooling systems, cooking stoves, and/or hot water heaters or other nonelectric equipment, shall have sufficient carbon monoxide monitors placed appropriately throughout the child care facility.
5) All glass in doors, windows, mirrors, etc., in the child care facility shall have a protective barrier at least four (4) feet high when measured from the floor. Doors, windows, mirror, etc., using safety grade glass or polymers (e.g., Lexan) are not required to have a protective barrier.
6) A separate space in the child care facility shall be provided for the use of an ill or injured child until the child can be picked up by the parent. Space shall be located in an area that is supervised at all times by an employee.
7) All parts of the child care facility used by children shall be lead-safe, well lighted, ventilated, and free of hazardous or potentially hazardous conditions, such as but not limited to, open stairs and unprotected low windows.
8) The child care facility shall be equipped with an outdoor playground area that directly adjoins the indoor facilities or that can be reached by a route free of hazards and is no farther than 1/8 mile (660 feet) from the child care facility.
9) The outdoor playground area shall be free of hazards and not less than 30 feet (measured horizontally parallel to the ground) from electrical transformers, high-voltage power lines, electrical substations, railroad tracks, or sources of toxic fumes or gases.
10) Hazards, including but not limited to air conditioner units and utility mains, meters, tanks, and/or cabling shall be inaccessible to children.
11) Fencing at least four feet high shall be provided around the outdoor playground area. Fencing higher than four feet but not to exceed eight feet may be required if the licensing authority determines that a hazard exists.
12) Outdoor playground areas shall be free from unprotected swimming and wading pools, ditches, quarries, canals, excavations, fishponds, or other bodies of water.
13) The soil in outdoor playground areas of the child care facility shall not contain hazardous levels of any toxic chemical or substances. The child care facility shall have soil samples and analyses performed where there is good reason to believe a problem may exist.
F. Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment Shaken baby syndrome (SBS) and abusive head trauma (AHT) are the constellation of signs and symptoms resulting from violent shaking or shaking and impacting the head of an infant or small child. Shaken baby syndrome is a subset of abusive head trauma with injuries having the potential to result in death or permanent neurologic disability. SBS/AHT is a form of child abuse. Caregivers are trained to recognize the possible signs and symptoms of SBS/AHT and the consequences of SBS/AHT.

Additional child maltreatment is defined as prohibited behaviors. The following behaviors are prohibited by anyone (i.e., parent, caregiver, or child) in all child care settings:

1) Corporal punishment, including hitting, spanking, beating, shaking, pinching, biting, and other measures that produce physical pain.
2) Withdrawal or the threat of withdrawal of food, rest, or bathroom opportunities.
3) Abusive or profane language to include but not limited to yelling at, and/or using harsh tones toward the children or in close proximity (hearing distance) to children.
4) Any form of public or private humiliation, including threats of physical punishment.
5) Any form of emotional abuse, including rejecting, terrorizing, ignoring, isolating (out of view of a caregiver), or corrupting a child.
6) Use of any food product or medication in any manner or for any purpose other than that for which it was intended.
7) Inappropriate disciplinary behavior includes, but is not limited to, putting soap or pepper in a child's mouth.
8) Any acceptable disciplinary action that is not age-appropriate for the child or is excessive in time or duration
G. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event (such as violence at a child care facility) CCCPP-approved providers are required to have a written Emergency Preparedness and Response Plan to be implemented in the event of a fire, natural disaster, or other threatening situation that may pose a health or safety hazard to children. Plans must describe procedures for relocation, evacuation, shelter in place, and lockdown. MSDH also has an agency-wide emergency preparedness plan which describes agency procedures for relocation, evacuation, shelter in place, and lockdown.
H. Handling and storage of hazardous materials and the appropriate disposal of bio-contaminants. Garbage and trash shall be removed from the child care facility daily and from the grounds at least once a week. Garbage and trash shall be stored inaccessible to the children, and in insect and rodent resistant containers.

The child care facility shall comply with all regulations promulgated by the Division of Sanitation of the Mississippi State Department of Health for:

1) Food Service
2) On-site Wastewater Systems
3) Vector (pest) Control
I. Precautions in transporting children (if applicable)
1) Occupant Restraints:

* All children will be properly restrained whenever they are being transported in a motor vehicle.

* Every person transporting a child under the age of four (4) years in a passenger motor vehicle, and operated on a public roadway, street or highway, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting applicable federal motor vehicle safety standards, e.g., child safety seat.

* Every person transporting a child in a passenger motor vehicle operated on a public roadway, street or highway, shall provide for the protection of the child by properly using a belt positioning booster seat system meeting applicable federal motor vehicle safety standards if the child is at least four (4) years of age, but less than seven (7) years of age and measures less than four (4) feet nine (9) inches in height or weighs less than sixty-five (65) pounds.

* Any vehicle equipped with seatbelts is subject to the requirements listed above.

* No vehicle shall be occupied by more individuals than its rated capacity. No children shall be transported in the front seat of vehicles equipped with passenger side air bags.

* All vehicles under 10,000 lbs. GVWR (Gross Vehicle Weight Rated) shall be equipped with occupant restraints appropriate for the age and/or weight of the children being transported. A child under the age of four shall be transported only if the child is securely fastened in a child safety seat that meets Federal Motor Vehicle Safety Standards (FMVSS, 49 CFR 571.213), which shall be indicated on the child safety seat. The child safety seat shall be appropriate to the child's weight and be installed and used according to the manufacturer's instructions.

* Vehicles (e.g., school buses) with a GVWR 10,000 lbs. or more at a minimum shall meet the current Federal Motor Vehicle Safety Standards (FMVSS) for buses of that size. It is the responsibility of the child care facility operator to have documentation verifying that a bus meets the current FMVSS.

* An individual seat restraint must be used for each child. The use of an individual seat restraint for two or more children is not allowed. NOTE: Federal Motor Vehicle Safety Standards (FMVSS) means the National Highway and Traffic Safety Administration's standards for motor vehicles and motor vehicle equipment established under Section 103 of the Motor Vehicle Safety Act of 1966 ( 49 CFR Part 571) as they apply to school buses.

2) Staff-to-Child Ratio:

* On vehicles with a GVWR of less than 10,000 lbs., the staff-to-child ratio shall be maintained at all times. The driver of the vehicle shall not be counted as a caregiver while transporting the children.

* On vehicles with at GVWR of 10,000 lbs. or more, the staff-to-child ratio shall be one caregiver to each 25 children or fraction thereof. The driver of the vehicle shall not be counted as a caregiver while transporting the children. In facilities that are dually licensed, i.e., licensed to provide care for both preschool and school age children, if the vehicle is only transporting school age children (no preschool children, infants, or toddlers are being transported), the driver may be counted as a caregiver while transporting the school age children.

J. Pediatric first aid and cardiopulmonary resuscitation (CPR) certification Programs that operate in a central location shall have 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. 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.

First Aid Supply:

1) A first aid supply shall be kept on-site and easily accessible to employees, but not in reach of the children.
2) A first aid supply shall be taken on all field trips and excursions and shall be easily accessible to employees, but not in reach of the children.
3) Medicine shall be kept out of the reach of the children.
4) All vehicles used by the facility in transporting children shall be equipped with a first aid kit.
5) It is recommended that first aid kits contain items pursuant to American Red Cross guidelines.
6) Some items in this kit may have expiration dates. All first aid kits should be periodically inspected for contents. Depleted and out of date materials should be replaced.
7) Special attention should be exercised when utilizing first aid supplies or any medication for children who have allergies or other special medical needs.
K. Recognition and reporting of child abuse and neglect

The Health and Safety training covers the topics of child abuse and neglect including definitions of types of abuse (physical, emotional, sexual), maltreatment of children, recognizing signs of abuse, and reporting policies.

L. Nutritional Standards

A child care provider shall provide adequate and nutritious meals prepared in a safe and sanitary manner. Healthy diets contain the amounts of essential nutrients and calories needed to prevent nutritional deficiencies while preventing an excess amount of discretionary calories. Planned meals and snacks provide the right balance of carbohydrate, fat, and protein to reduce risks of chronic diseases, and are part of a full and productive lifestyle. Children's food needs are based on the amount of time spent in the child care facility. Any child in the care of a child care provider at the time of service of a meal or snack will be served that meal or snack. Meals and vending services in licensed child care facilities shall meet the standards from the Offices of Healthy Schools and Child Nutrition for the Mississippi State Department of Education as well as USDA

Food and Nutrition Service guidelines.

1) Menus shall be nutritionally adequate and consistent with the Dietary Guidelines for Americans.
2) Foods shall be provided in quantities and meal patterns that balance energy and nutrients with children's ages, appetites, activity levels, special needs, and cultural and ethnic differences in food habits.
3) Parents shall be involved in the nutrition component of their child-care facility.
4) A variety of fruits, vegetables, and whole-grain products shall be offered to children for meals and snacks. Mealtime should be used as an opportunity to teach nutrition and/or food concepts.
5) The addition of fat, sugar, and sources of sodium shall be minimal in food preparation and service.
6) Food preparation and service shall be consistent with best practices for food safety and sanitation.
7) Furniture and eating utensils shall be age-appropriate and developmentally suitable to encourage children to accept and enjoy mealtime.
8) Child-care personnel shall encourage positive experiences with food and eating.
9) Caregivers shall receive appropriate training in nutrition, food preparation, and food service
M. Physical Activity

Children should be provided with opportunities for physical activity throughout the day. Examples of "light physical activity" may be found in the Child Care Licensure section of the MSDH website at www.HealthyMS.com. Examples of "moderate physical activity" are aerobic dancing, light calisthenics, getting up and down from the floor, dancing, playing on school ground equipment, singing while actively moving about, etc. Examples of "vigorous physical activity" are running, jumping rope, performing jumping jacks, playing soccer, skipping, etc. Regardless of the activity, it should be age appropriate and within the physical ability limits of the child.

N. Caring for Children with Special Needs
1) The environment utilized for caring with children with special needs shall be adapted as necessary to accommodate special devices that may be required for the child to function independently, as appropriate.
2) Caregivers serving children with special needs shall receive staff development related to the specific needs of the children served.
O. Sun Safety
1) Providers should provide opportunities for children of all ages to engage in activities to support sun safety practices.
2) Providers should adopt policies encouraging sun safety while children are in attendance at the program.
P. Literacy Development
1) Materials should be accessible to children of all ages.
2) Materials should be developmentally appropriate.
3) Activities should align with educational standards and guidelines for the age group.
4) Children should engage in literacy activities and with literacy materials every day.
5) Providers can encourage literacy development through language and reading aloud throughout the day.

18 Miss. Code. R. 17-7.6

45 CFR 98.44; Miss. Code Ann. § 43-1-2; Miss. Code Ann. § 43-1-4 Revised: May 2023
Adopted 3/6/2020
Amended 11/1/2021
Amended 5/15/2023