MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education; Public Health and Human Services
By: Representative Weathersby
AN ACT TO CREATE THE "CHILD SAFETY ALARM ACT," TO IMPLEMENT SAFEGUARDS FOR CHILDREN LEFT UNATTENDED IN VEHICLES; TO REQUIRE SCHOOL SUPERINTENDENTS, CHARTER SCHOOL GOVERNING BOARDS AND PRIVATE SCHOOL OPERATORS TO PREPARE A TRANSPORTATION SAFETY PLAN FOR THE SAFE TRANSPORT OF STUDENTS IN PREKINDERGARTEN THROUGH GRADE 8; TO PROHIBIT PARENTS, LEGAL GUARDIANS OR OTHER PERSONS RESPONSIBLE FROM LEAVING CHILDREN SIX YEARS OF AGE OR YOUNGER INSIDE A MOTOR VEHICLE WITHOUT THE SUPERVISION OF A PERSON TWELVE (12) YEARS OF AGE OR OLDER; TO PROVIDE FOR A $100.00 FINE FOR VIOLATIONS; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO INCLUDE INFORMATION CONCERNING THE DANGERS OF LEAVING CHILDREN UNATTENDED IN MOTOR VEHICLES IN CERTAIN WRITTEN AND PUBLISHED MATERIALS; TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "REASONABLE TIME," AS IT RELATES TO THE AMOUNT OF TIME ELAPSED WHEN A CHILD CARE FACILITY SHALL CONTACT THE PARENT OR LEGAL GUARDIAN OF CHILD WHEN THE CHILD IS CONFIRMED ABSENT; TO REQUIRE CHILD CARE FACILITIES TO DEVELOP STANDARD AND IMPLEMENT PRACTICES TO ENSURE THAT NO CHILD IS INADVERTENTLY LEFT ON A TRANSPORT VEHICLE; TO REQUIRE ALL VEHICLES USED BY CHILD CARE FACILITIES AND LARGE FAMILY CHILD CARE HOMES TO BE EQUIPPED WITH OPERATIONAL CHILD SAFETY ALARM SYSTEMS THAT PROMPT THE DRIVER TO INSPECT THE VEHICLE FOR CHILDREN BEFORE EXITING THE VEHICLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known, and may be cited, as the "Child Safety Alarm Act."
SECTION 2. (1) The county superintendent of education, superintendent of a school district, a charter school governing authority or the owner or operator of a private school that provides transportation to or from school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of students. The plan shall be revised as required, and shall address the following:
(a) Determining if students require an escort by a local law enforcement agency;
(b) (i) Procedures for all students in prekindergarten, kindergarten and Grades 1-8, inclusive, to follow as they board and exit the appropriated school bus at each student's bus stop;
(ii) Nothing in this paragraph requires a county superintendent of education, superintendent of a school district, a charter school governing authority or the owner or operator of a private school that provides transportation to or from school or school activity, to use the services of an onboard school bus monitor, in addition to the driver, to carry out the purposes of this paragraph;
(c) Boarding and exiting a school bus at a school or other trip destination;
(d) Procedures to ensure that a student is not left unattended on a school bus, school activity or youth bus; and
(e) Procedures and standards for designating an adult chaperone, other than the driver, to accompany students on school activities.
(2) A current copy of a plan prepared pursuant to subsection (1) shall be retained by each school subject to the plan and made available, upon request, to an officer of the Department of Public Safety.
SECTION 3. (1) A parent, legal guardian or other person responsible for a child who is six (6) years of age or younger shall not leave that child inside a motor vehicle without being subject to the supervision of a person who is twelve (12) years of age or older, under either of the following circumstances:
(a) Where there are conditions that present a significant risk to the child's health or safety; or
(b) When the vehicle's engine is running or the vehicle's keys are in the ignition; or
(c) Both (a) and (b).
(2) A violation of subsection (1) is an infraction punishable by a fine of One Hundred Dollars ($100.00), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged and the court, instead, refers the defendant to a community education program that includes education on the dangers of leaving young children unattended in motor vehicles, and provides certification of completion of that program. Upon completion of that program, the defendant shall provide that certification to the court. The court may, at its discretion, require any defendant described in this section to attend an education program on the dangers of leaving young children unattended in motor vehicles.
(3) Subsection (2) does not apply if an unattended child is injured or medical services are rendered on that child because of a violation of subsection (1), but shall be under the violations imposed under the criminal provisions for neglect or endangerment. Nothing in this subsection precludes prosecution under any other provision of law.
SECTION 4. The Department of Public Safety shall include information concerning the dangers of leaving children unattended in motor vehicles, including, but not limited to, the effect of solar heat on the temperature of vehicle interiors and the penalties for noncompliance, in the following materials distributed by the department:
(a) The Mississippi Driver's Manual;
(b) The driver's license examination administered by the Mississippi Highway Safety Patrol - Driver Services Bureau, by including, on a rotating basis, at least one (1) question in one (1) version of the driver's license examination that is periodically administered to applicants;
(c) Any driver's education materials certified by the department;
(d) Courses and examinations for traffic violator school or driver safety courses;
(e) Materials provided to secondary and postsecondary schools and educational institutions;
(f) Any materials provided to community education campaigns undertaken by the department and other state agencies, including but not limited to the Mississippi Highway Safety Patrol and the Mississippi Department of Transportation.
SECTION 5. Section 43-20-8, Mississippi Code of 1972, is amended as follows:
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; any increase in the fees charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time. For purposes of this subsection, "reasonable time" shall mean the time within thirty (30) minutes to one (1) hour of the child's confirmed absence after the start of the school or child care facility's regular daily activities.
(4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(5) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose to the State Department of Health any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(9) From and after January 1, 2008, the State Board of Health shall develop regulations to ensure that all children enrolled or enrolling in a state licensed child care center receive age-appropriate immunization against invasive pneumococcal disease as recommended by the Advisory Committee on immunization practices of the Centers for Disease Control and Prevention. The State Board of Health shall include, within its regulations, protocols for children under the age of twenty-four (24) months to catch up on missed doses. If the State Board of Health has adopted regulations before January 1, 2008, that would otherwise meet the requirements of this subsection, then this subsection shall stand repealed on January 1, 2008.
(10) Each child care facility shall develop transportation safety standards, which at a minimum shall include the following:
(a) Requirements for child restraints or seatbelts in vehicles used by child care facilities and large family child care homes to transport children;
(b) Requirements for annual inspections of those vehicles;
(c) Limitations on the number of children that may be transported in those vehicles; and
(d) Procedures to ensure that children are not inadvertently left in vehicles when transported by the facility, and that systems are in place to ensure accountability for children transported by such facilities and homes.
(11) (a) By January 1, 2022, all vehicles used by child care facilities and large family child care homes to transport children must be equipped with operational child safety alarm systems approved by the department which prompt the driver to inspect the vehicle for children before exiting the vehicle, except as provided in paragraph (b) of this section. The State Department of Human Services, in consultation with the Mississippi Department of Transportation and the Department of Public Safety, shall adopt rules and regulations establishing the minimum safety standards for the child safety alarm systems, and shall maintain a list of approved alarm manufacturers and child safety alarm systems that meet or exceed those adopted standards.
(b) Vehicles used by child care facilities and large family child care homes to transport children in the facility's care are not required to be equipped with operational child safety alarm systems if:
(i) The vehicle is not used exclusively to transport children;
(ii) When the vehicle is used to transport children, the children are accompanied by at least one (1) adult chaperone selected by a school, child care or family child care home official. If an adult chaperone is not a school employee or employee of the facility, the chaperone shall meet the requirements for volunteers established by the policies of the school district or child care facility;
(iii) One (1) adult chaperone has a list of every student and adult chaperone, including a school or facility employee, who is on the school bus or child care facility vehicle at the time of departure;
(iv) The driver has reviewed all safety and emergency procedures before the initial departure and the driver and adult chaperone have signed a form with the time and date acknowledging that the safety plans and procedures were reviewed;
(v) Immediately before departure from any location, the adult chaperone shall account for each pupil on the lists of students, verify the number of students to the driver and sign a form indicating that all students are present and accounted for;
(vi) After students have exited a school bus or child care facility vehicle, and before driving away, the driver shall check all areas of the bus or vehicle, including, but not limited to, overhead compartments and bathrooms, to ensure that the bus or vehicle is vacant;
(vii) The driver shall sign a form with the time and date verifying that all the required procedures have been followed; and
(viii) The information required to be recorded pursuant to subparagraph (iv), (v) and (vii) may be recorded on a single form. These forms shall be retained by the school district. charter school, private school or child care facility for a minimum of two (2) years.
(c) A "child safety alarm system" is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting.
SECTION 6. This act shall take effect and be in force from and after July 1, 2020.