MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Moody

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-20-7, Mississippi Code of 1972, is amended as follows:

43-20-7. (1) There is * * * created an advisory council which shall be appointed by the Executive Officer of the State Board of Health, who shall serve at the pleasure of the executive officer. The council shall consist of ten (10) persons appointed one (1) each from the following groups:

(a) Mississippi Early Childhood Association;

(b) An operator of a Head Start program;

(c) Mississippi Home Economics Association;

(d) * * * Department of Human Services;

(e) Department of child development of a college or university located in the state;

(f) Department of Pediatrics, University of Mississippi Medical School;

(g) Department of Education, State of Mississippi;

(h) Caregiver and/or owner of a child care facility that is not a Head Start program; and

(2) It shall be the duty of the advisory council to assist and advise the licensing agency in the development of regulations governing the licensure and regulation of child care facilities.

(3) Members of the advisory council * * * shall be reimbursed for mileage and expenses as is authorized by law.

SECTION 2. Section 43-20-11, Mississippi Code of 1972, is amended as follows:

43-20-11. An application for a license under this chapter shall be made to the licensing agency upon forms provided by it, and shall contain such information as the licensing agency may reasonably require. Each application for a license shall be accompanied by a license fee not to exceed Four Hundred Dollars ($400.00), which shall be paid to the licensing agency. Licenses shall be granted to applicants upon the filing of properly completed application forms, accompanied by payment of the * * * license fee, and a certificate of inspection and approval by the fire department of the municipality or other political subdivision in which the facility is located, and by a certificate of inspection and approval by the health department of the county in which the facility is located, and approval by the licensing agency; except that if no fire department exists where the facility is located the State Fire Marshal shall * * * certify as to the inspection for safety from fire hazards. The State Fire Marshal shall establish standards for safety from fire hazards at child care facilities. Such standards shall be in conformance with the applicable chapters of the NFPA 101 Life Safety Code Handbook. The * * * county health department and licensing agency inspections and approvals shall be based upon * * * regulations promulgated by the licensing agency as approved by the State Board of Health.

Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable except the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.

No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

SECTION 3. Section 43-20-13, Mississippi Code of 1972, is amended as follows:

43-20-13. A license issued under the provisions of this chapter shall be renewed * * * upon payment of a renewal fee not to exceed Four Hundred Dollars ($400.00) per licensure year and upon filing by the licensee of a * * * report upon such uniform dates and upon forms provided by the licensing agency, accompanied by a current certificate of inspection and approval by the fire department and the county health department specified in Section 43-20-11.

No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

SECTION 4. Section 43-20-14, Mississippi Code of 1972, is amended as follows:

43-20-14. (1) The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.

(2) Before the licensing agency may deny or refuse to renew, any applicant affected by such decision of the licensing agency shall be entitled to a hearing in which the applicant may show cause why the license should not be denied or should be renewed.

(3) The licensing agency may suspend, revoke or restrict the license of any facility where the licensee or applicant for license has been guilty of conduct which has endangered or is likely to endanger the health or safety of the children entrusted to or cared for by such facility. Such conduct shall be defined as:

(a) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;

(b) Being convicted of a crime in any court of the State of Mississippi or any federal court if the acts for which he is convicted are found by the licensing agency to have a detrimental effect on the children entrusted to or cared for by such licensee;

(c) Being convicted of a felony in any court of the State of Mississippi or any federal court;

(d) Violating any of the regulations governing the licensing and regulation of child care facilities promulgated by the licensing agency; and

(e) Any conduct, or failure to act, which threatens the health, safety or well-being of children at the facility.

(4) Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by such decision of the licensing agency shall be entitled to a hearing in which the licensee may show cause why the license should not be suspended, revoked or restricted.

(5) Any licensee who disagrees with or is aggrieved by a decision of the Mississippi State Department of Health in regard to the suspension, revocation or restriction of such license, may appeal, with supersedeas, to the chancery court of the county in which such facility is located. Such appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the Mississippi State Department of Health as to the suspension, revocation or restriction of the licensee of such licensee. The hearing shall be on the record. The licensee shall have the burden of proving that the decision of the Mississippi State Department of Health was not in accordance with applicable law and regulations issued thereunder.

SECTION 5. Section 43-20-17, Mississippi Code of 1972, is amended as follows:

43-20-17. Information received by the licensing agency shall not be disclosed publicly in such manner as to identify children or families of children cared for at a facility, except in a proceeding involving the question of licensure.

SECTION 6. This act shall take effect and be in force from and after July 1, 1997.