MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare

By: Representative Smith (35th)

AN ACT TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EMPLOYEES OF CHILD CARE FACILITIES SHALL BE ALLOWED TO EXERCISE OR PRACTICE THEIR RELIGIOUS FAITH IN CONNECTION WITH THE OPERATION OF THE FACILITY, INCLUDING DETERMINING THE CONTENT OF ANY CURRICULUM TAUGHT OR USED AT THE FACILITY; TO PROHIBIT THE CHILD CARE FACILITY LICENSING AGENCY FROM ADOPTING ANY RULE, REGULATION OR POLICY THAT WOULD LIMIT, RESTRICT, DISCRIMINATE AGAINST OR OTHERWISE AFFECT ANY CHILD CARE FACILITY OR EMPLOYEE OF A CHILD CARE FACILITY ON ISSUES OF THE EXERCISE OR PRACTICE OF RELIGIOUS FAITH IN THE OPERATION OF THE FACILITY; TO AMEND SECTION 43-20-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 herein;

(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; and

(d) Have such other powers as may be required to carry out the provisions of this chapter.

(2) Employees of child care facilities shall be allowed to exercise or practice their religious faith in connection with the operation of the facility, including determining the content of any curriculum taught or used at the facility. The licensing agency shall not adopt any rule, regulation or policy that would limit, restrict, discriminate against or otherwise affect any child care facility or employee of a child care facility on issues of the exercise or practice of religious faith in the operation of the facility, including determining the content of any curriculum taught or used at the facility.

(3) Child care facilities shall assure that parents have welcome access to the child care facility at all times.

(4) Child care facilities shall require that current felony conviction record information is obtained and that current sex offense criminal history record information and child abuse registry checks are obtained, as provided in Section 45-31-1 et seq., and that such criminal record information and registry checks are on file for any employee or applicant for employment at such child care facility. 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 felony conviction records check, a sex offense criminal records check and a child abuse registry check for any owner/operator of a child care facility and any person living in a residence used for child care. 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.

SECTION 2. Section 43-20-15, Mississippi Code of 1972, is amended as follows:

43-20-15. The licensing agency shall make or cause to be made inspections relative to compliance with the laws and regulations governing the licensure of child care facilities. Such inspections shall be made at least once a year but additional inspections may be made as often as deemed necessary by the licensing agency. In any inspection of a child care facility, the licensing agency shall not take any action that would limit, restrict, discriminate against or otherwise affect the facility or any employee of the facility on issues of the exercise or practice of religious faith in the operation of the facility, including determining the content of any curriculum taught or used at the facility.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.