MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton
AN ACT TO AMEND SECTIONS 43-20-9, 43-20-11, 43-20-14 AND 43-20-15, MISSISSIPPI CODE OF 1972, TO IMPOSE CERTAIN STANDARDS AND RESTRICTIONS ON THE STATE DEPARTMENT OF HEALTH RELATIVE TO THE LICENSURE OF CHILD CARE FACILITIES, TO PRESCRIBE MAXIMUM CAPACITY, TO PROVIDE CERTAIN COMPLAINT PROCEDURES FOR OPERATING A CHILD CARE FACILITY WITHOUT A LICENSE, TO PROVIDE CERTAIN NOTICE REQUIREMENTS PRIOR TO LICENSE DISCIPLINARY ACTION, TO REQUIRE HEALTH INSPECTORS TO ASSIST IF AN EMERGENCY OCCURS DURING AN INSPECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-20-9, Mississippi Code of 1972, is amended as follows:
43-20-9. From and after August 1, 1972, no person acting individually or jointly with another person or persons shall establish, own, operate, conduct or maintain a child care facility in this state without a license issued under this chapter.
Any person having reasonable cause to suspect an individual is operating a child care facility without a license may cause an oral report to be made immediately by telephone to the intake official at the Child Care Complaint Hot Line who shall assign the chronological number of the complaint to the reporting party as an identification number. The identity of the reporting party shall not be disclosed to Child Care Licensing Bureau staff or anyone other than the intake official.
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 said 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. Said fire, 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 with 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.
Whenever the Mississippi Board of Health adopts rules or regulations that would otherwise affect indoor measurements and square footage requirements of existing child care facilities, which, when enforced against existing child care facilities, would cause a reduction in the number of children to be served in said facilities or which would affect classroom occupancy not exceeding adult/child ratios and established group sizes, said facilities shall be exempt from the new requirements and shall be allowed to continue under the law and measurements in effect at the time they were initially licensed. This exemption shall be transferred with and follow the ownership of said facilities, including a change of ownership at such facility, until such time said facilities are no longer operated as licensed child care facilities, and even though there exist a period of nonuse between ownership of the licensed facility and the new owner of the facility.
The Mississippi Department of Health is thereby prohibited from the "re-measurement" of existing child care facilities for the purpose of reducing maximum capacity. This prohibition shall cease only upon the occurrence of any of the conditions set out as follows: (a) major renovations; and (b) significant changes in layout/use of space. Upon such occurrence, re-measurement shall be applied only to the affected and specific area or space ceasing the prohibition but major renovations shall be measured according to the rules and measurements in effect at the time the re-measurement is conducted.
For purposes of this section, "existing facilities" are those facilities and/or structures (i) licensed and operating at the time of the amendment to this section; and (ii) which were in compliance with the existing requirements of this section.
For purposes of this section, "maximum capacity" is the maximum number of children who may be cared for in a child care facility at any one time.
The maximum capacity of a child care facility shall be determined by the indoor square footage, kitchen square footage, outdoor playground area, and the number of toilets, urinals and hand-washing lavatories, with the highest capacity determination being controlling and as follows:
Child care facilities in operation on or prior to April 12, 1990, shall require a minimum of thirty-five (35) square feet of indoor floor space per child exclusive of hallways, bathrooms and kitchens. Child care facilities beginning business operation on or after April 12, 1990, shall require a minimum of thirty-five (35) square feet of indoor space per child exclusive of hallways, bathrooms and kitchens. When infants play and sleep in the same room, there shall be a minimum of fifteen (15) square feet of space per child for play plus a minimum of twenty-five (25) square feet per child for sleeping area with at least two (2) feet between each crib or cot. When toddlers sleep and play in the same room using stackable cots, there shall be thirty-five (35) square feet of space per child. When toddlers play and sleep in the same room, there shall be a minimum of forty-five (45) square feet of space per child. At least three (3) square feet of kitchen space per licensed number of children is required with a minimum square footage of ninety (90) and a maximum of three hundred (300). Additionally, facilities serving fifty (50) or more children shall have a dry food storage area not included in the kitchen requirement that contains an additional forty-five (45) square feet as well as a separate freezer for storage of frozen foods.
The usable space for children's activities in child care facilities beginning business operation on or after July 15, 1997, shall contain a minimum of thirty-five (35) square feet per child, fifty (50) square feet measured on the inside, wall-to-wall dimensions. These spaces are exclusive of food preparation areas, bathrooms, toilets, areas for the care of ill children, offices, staff rooms, corridors, hallways, stairways, closets, lockers, laundries, furnace rooms, cabinets, and storage shelving spaces and areas not inhabited and used by children.
For purposes of this section, "fifty (50) square feet" per child is the total square footage requirement of the National Health and Safety Standard, FA138, First Edition, adopted in 1997.
For purposes of this section, "usable space" is the designated area of thirty-five (35) square feet per child for children's activities but does not include the additional fifteen (15) square feet per child required for space occupied by cabinets, storage shelving and a normal load of furnishings.
Usable space in child care facilities beginning business operation on or after July 11, 2001, shall be areas dedicated to children's activities (play, learning, rest and eating) and shall be utilized for those purposes on a regular basis. Furnishings shall be equipment which is both size and age appropriate for children receiving care. The space occupied by inappropriate or adult size equipment shall be deducted from the children's usable space.
Child care areas should not be used for any business or purpose unrelated to providing child care when children are present in these areas.
Plans for new construction and/or the renovation of a proposed new child care facility shall be submitted to the Mississippi Department of Health prior to the physical site work.
The Mississippi Department of Health shall develop a Maximum Capacity Estimate Worksheet for guiding new construction or renovation design in meeting all current space. The Maximum Capacity Estimate Worksheet shall be provided to all who request information on opening a new child care facility or renovation of an existing facility, and posted on the Mississippi Department of Health website.
The department shall review plans for proposed new child care facilities and utilizing all physical space requirements and specifications provided on the Maximum Capacity Estimate Worksheet, provide written recommendations in meeting all licensing space requirements as well as a written maximum capacity estimate based on the plan submitted to the department. It shall return the plan and all recommendations within thirty (30) days from the date the submission was received to the child care applicant with an official Mississippi Department of Health date stamp and signature of the reviewing official.
The returned plan should include notice that any slight variance from the plan as submitted may cause a reduction in the actual maximum capacity assigned to the initial license.
A new child care facility will be measured to determine the initial maximum capacity following the completion of new construction and/or renovation.
For purposes of this section, a "new child care facility" is a child care facility or any structure and/or business beginning licensed child care operations on or after the effective date of this act.
The Mississippi Board of Health shall not adopt Rules or Regulations exceeding the requirements in effect as set forth in the Mississippi Early Learning Guidelines, such as, but not limited to:
Early Learning Guidelines 4.0 Physical Settings for Existing Structures. The classroom will consist of a minimum of six hundred (600) square feet (in space shared with the normal load of furnishings, accommodating twenty (20) children, fifteen (15) square feet of "usable space for the children's activities" per child and fifteen (15) square feet per child for space occupied by a normal load of furnishings).
Early Learning Guidelines 5.0 Physical Settings for New Structures. The classroom should be a minimum of one thousand (1,000) square feet (consistent with the standard already imposed by the Mississippi Department of Health on "existing facilities" which, accommodating twenty (20) children, provides thirty-five (35) square feet of "usable space for the children's activities" per child plus an additional fifteen (15) square feet per child for space occupied by a normal load of furnishings).
SECTION 3. 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, the applicant or person named on the license shall be entitled to a hearing in order to 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 child care facility upon one or more of the following grounds:
(a) Fraud, misrepresentation or concealment of material facts;
(b) Conviction of an operator for any crime if the licensing agency finds that the act or acts for which the operator was convicted could have a detrimental effect on children cared for by any child care facility;
(c) Violation of any of the provisions of this act or of the regulations governing the licensing and regulation of child-care facilities promulgated by the licensing agency;
(d) Any conduct, or failure to act, that is found or determined by the licensing agency to threaten the health or safety of children at the facility;
(e) Failure by the child-care facility to comply with the provisions of Section 43-20-8(3) regarding background checks of caregivers; and
(f) Information received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all operators under Section 43-20-8.
(4) Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by that 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.
Prior to the denial, refusal to renew, suspension, revocation or restriction of a license, and/or the imposition of any monetary penalty, written notice of the contemplated action shall be given to the applicant or person named on the license of the child care facility, at the address on record with the licensing agency. Such notice shall specify the reasons for the proposed action and shall notify the operator of the right to a district level hearing on the matter in the county office where the facility is located. Said notice shall also notify the operator of the right to be represented by an attorney and include a Request for Hearing form with instructions and time limits for submitting the request. If requested by a licensee, the department shall set a date for a hearing to be held within a reasonable period of time from the receipt of such notice, and with notice of such hearing date delivered to such licensee a minimum of ten (10) days prior to such hearing date.
(5) Any licensee who disagrees with or is aggrieved by a decision of the Mississippi State Department of Health in regard to the denial, refusal to renew, suspension, revocation or restriction of the license of the licensee, may appeal to the chancery court of the county in which the facility is located. The 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 license of the licensee.
SECTION 4. 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.
In the event an emergency arises during such inspections, the inspector shall assist and not cite the facility for an infraction.
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.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014, and shall stand repealed from and after June 30, 2014.