Senate Bill 2477

(As Passed the Senate)

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 RELATIVE TO THE LICENSURE OF CHILD CARE FACILITIES, TO PROVIDE CERTAIN COMPLAINT PROCEDURES, TO PROVIDE CERTAIN NOTICE REQUIREMENTS PRIOR TO LICENSE DISCIPLINARY ACTION; 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.

The Mississippi State Department of Health shall maintain a complaint hotline to accommodate reporting of complaints. The department shall investigate each complaint and maintain a log of such complaints. The identity of the reporting party shall not be disclosed to any other person than the Child Care Licensing Bureau staff unless upon order of a court of competent jurisdiction.

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 would cause a reduction in the number of children to be served in said facilities and/or classrooms, said facilities with a license issued prior to July 1, 2014, shall be exempt from the new requirements and shall be allowed to continue under the law and measurements in effect at the time the most current license was issued prior to July 1, 2014; or in the case of existing child care facilities with an initial license issued on or after July 1, 2014, 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 the initial license was issued.

The Mississippi Department of Health may remeasure existing child care facilities for:

(a) Major renovations;

(b) Significant change in layout and use of space;

(d) Any situation that places the health and safety of a child in danger.

For purposes of this section, "existing facilities" are those facilities and/or structures (i) licensed and operating at the time of an adopted rule or regulation as described in this section; and (ii) which were in compliance with the existing requirements of this section.

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, * * * or before the collection of a monetary penalty, any licensee aggrieved by the 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, or why the monetary penalty should not be imposed. In the event that an agency attorney is present, the licensee shall be entitled to legal representation at their own expense.

(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 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.