Character and SuitabilityA.Character and Suitability Requirement:1. All applicants and holders of a child care license, all applicants for employment in a paid or voluntary position (including board members), and all current employees in paid or voluntary positions must be suitable and of good moral character in order to operate or work in a child care facility. All applicants shall be investigated to determine character and suitability to hold a license/permit or work in a child care facility. Information regarding the character and suitability shall be reviewed by the Department at the time of initial application. For purposes of this requirement, an applicant includes all board members and officers of corporations, partnerships, associations, or other legal entities having direct contact with the children in care. Because staff family members living in the home or visiting overnight in the children's living units shall also be of good character and suitability, a criminal background check shall be obtained on these individuals. Upon promulgation of these regulations, the applicant/licensee shall conduct a character and suitability review on all applicants for employment in a paid or voluntary position, and all current employees in paid or voluntary positions.B.Review of Past History:The review shall consist of the following components:
1. Local Criminal History Check.2. Clearance of State Central Registry On Child Abuse/Neglect.3. Clearance of fingerprint background check through the National Criminal Information Database (NCID), and the Mississippi Department of Public Safety/Criminal Information Center (CIC).4. Evidence of unsuitable character may be the basis for the denial of an initial application or renewal, the suspension, or revoking of a license.5. False or misleading statements made by the individual to the department or other government facility personnel regarding incidents or events occurring while on the job or surrounding part of any child abuse or neglect investigation conducted by the department, law enforcement or other government officials are considered as evidence of unsuitable character.6. Applicants for a license and holders of licenses who are discovered to have had a history of (1) operating without a license and refusal to cease operations and apply for a license or permit or (2) refusal to allow the department to conduct investigations regarding their activities or allegations of abuse and neglect or history of noncompliance with minimum standards are also considered as evidencing unsuitable character.7. Any applicant or household member who has a criminal history of conviction or pending indictment of a crime, whether a misdemeanor or a felony, that bears upon an individual's fitness to have responsibility for the safety and well-being of children as set forth in Section 43-15-6 of the Mississippi Code, may not provide child care or be licensed. Felony convictions include, but not limited to, child abuse or neglect, spousal abuse, crimes against children (including child pornography), crimes involving violence which include rape, sexual assault or homicide. If a record check reveals a felony conviction for physical assault, battery or drug-related offense, and if a court of competent jurisdiction has determined that the felony was committed, a final license shall not be granted.8. All applicants for a license and all staff members and applicants for employment in paid or voluntary positions, must reveal on their application all past criminal convictions/or charges, except for minor traffic violations, since age 16. Driving Under the Influence is not considered a minor traffic violation and must be reported to the Department.9. All applicants for a license and all staff members and applicants for employment in paid or voluntary positions shall submit authorization for release of Mississippi criminal information history check. Fees required shall be paid by the facility or employees of the facility.10. No applicant shall be hired or volunteer services used if convicted of a crime in this or another state at any time if a state court of competent jurisdiction has determined a felony conviction for any of the following crimes. Also, an applicant shall not be hired or volunteer services used if convicted as an accessory to a crime that involves a felony conviction for one of the following offenses:
i. Any abuse or neglect against a childii. Any felony against a childiii. Any assault or abuse against a domestic partner or former domestic partneriv. Any crime that has violence or threat of violence against any person. This includes but is not limited to any sex-related crime, including those listed under the finger printing policy: 1. rape in the first or second degree2. sodomy in the first or second degreev. An applicant will not be hired or volunteer services used if the record check reveals that a court of competent jurisdiction determined a felony conviction has been committed.Miss. Code. tit. 18, pt. 7, ch. 1, 18-7-1-XIX, Character and Suitability