1998 Regular Session
To: Public Health and Welfare
By: Representatives Smith (35th), Bailey, Bowles, Bozeman, Cameron, Comans, Cummings, Dedeaux, Evans, Flaggs, Formby, Henderson (26th), Howell, Hudson, King, Martinson, Morris, Read, Saucier, Smith (27th), Smith (39th), Wallace
House Bill 549
AN ACT TO AMEND SECTION 43-20-5, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE CHILD CARE LICENSING LAW ANY SCHOOL THAT IS ACCREDITED BY OR IS A MEMBER OF A NATIONALLY-RECOGNIZED ACCREDITING ASSOCIATION OR NATIONAL PRIVATE SCHOOL ASSOCIATION HOLDING MEMBERSHIP IN THE COUNCIL OF AMERICAN PRIVATE EDUCATION, THE ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL OR THE AMERICAN ASSOCIATION OF CHRISTIAN SCHOOLS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-20-5, Mississippi Code of 1972, is amended as follows:
43-20-5. When used in this chapter, the following words shall have the following meanings:
(a) "Child care facility" means a place which provides shelter and personal care for six (6) or more children who are not related within the third degree computed according to the civil law to the operator and who are under thirteen (13) years of age, for any part of the 24-hour day, whether such place be organized or operated for profit or not. The term "child care facility" includes day nurseries, day care centers and any other facility that falls within the scope of the definitions set forth above, regardless of auspices. The following shall be exempt from this chapter:
(i) Child care facilities which operate for no more than two (2) days a week, whose primary purpose is to provide respite for the caregiver or temporary care during other scheduled or related activities and organized programs which operate for three (3) or less weeks per year such as, but not limited to, vacation bible schools and scout day camps * * *.
(ii) * * * Any child residential home as defined in, and in compliance with the provisions of, Section 43-16-3(b) et seq.
(iii) * * * Any elementary, including kindergarten, and/or secondary school system, accredited by the Mississippi State Department of Education, the Southern Association of Colleges and Schools or the Mississippi Private School Education Association.
(iv) * * * Any Headstart program operating in conjunction with an elementary school system, whether it be public, private or parochial, whose primary purpose is a structured school or school readiness program.
(v) * * * Any membership organization affiliated with a national organization which charges only a nominal annual membership fee, does not receive monthly, weekly or daily payments for services, and is certified by its national association as being in compliance with the association's minimum standards and procedures, including but not limited to the Boys and Girls Club of America, and the YMCA.
(vi) Any school that is accredited by, has been successfully evaluated by or is a member of a nationally-recognized accrediting association or national private school association holding membership in the Council of American Private Education, the Association of Christian Schools International or the American Association of Christian Schools.
All other preschool child care programs and/or extended day school programs must meet requirements set forth in this chapter.
(b) "Health" means that condition of being sound in mind and body and encompasses an individual's physical, mental and emotional welfare.
(c) "Safety" means that condition of being protected from hurt, injury or loss.
(d) "Person" means any person, firm, partnership, corporation or association.
(e) "Operator" means any person, acting individually or jointly with another person or persons, who shall establish, own, operate, conduct or maintain a child care facility.
(f) "Personal care" means assistance rendered by personnel of the child care facility in performing one or more of the activities of daily living, which includes, but is not limited to, the feeding, personal grooming, supervising and dressing of children placed in the child care facility.
(g) "Licensing agency" means the Mississippi State Department of Health.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.