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HB1755 • 2026

Child care licensing statutes; bring forward for possible amendment.

AN ACT TO BRING FORWARD SECTIONS 43-20-1 THROUGH 43-20-21, MISSISSIPPI CODE OF 1972, WHICH ARE THE CHILD CARE LICENSING LAW, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 43-20-51 THROUGH 43-20-65, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE REGISTRATION OF FAMILY CHILD CARE HOMES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

Children
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Ford (54th)
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill text does not provide specific details about changes to be made, only that certain sections of existing laws will be reviewed for possible amendment.

Bringing Forward Child Care Licensing Laws for Possible Changes

This act brings forward existing laws about licensing and registering child care facilities to consider possible changes.

What This Bill Does

  • Begins the process of reviewing sections 43-20-1 through 43-20-21, which are part of Mississippi's Child Care Licensing Law.
  • Includes bringing forward sections 43-20-51 through 43-20-65 that deal with registering family child care homes.

Who It Names or Affects

  • Child care providers who operate under these laws.

Terms To Know

child care facility
A place that provides shelter and personal care for six or more unrelated children under the age of thirteen, whether it operates for profit or not.
licensing agency
The Mississippi State Department of Health responsible for issuing licenses to child care facilities.

Limits and Unknowns

  • This bill did not pass and was referred to a committee where it died.
  • It does not specify what changes might be made, only that the sections are being brought forward for possible amendment.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Public Health and Human Services

Official Summary Text

Child care licensing statutes; bring forward for possible amendment.

Current Bill Text

Read the full stored bill text
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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (54th)

HOUSE BILL NO. 1755

AN ACT TO BRING FORWARD SECTIONS 43-20-1 THROUGH 43-20-21, 1
MISSISSIPPI CODE OF 1972, WHICH ARE THE CHILD CARE LICENSING LAW, 2
FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 3
43-20-51 THROUGH 43-20-65, MISSISSIPPI CODE OF 1972, WHICH PROVIDE 4
FOR THE REGISTRATION OF FAMILY CHILD CARE HOMES, FOR THE PURPOSE 5
OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 43-20-1, Mississippi Code of 1972, is 8
brought forward as follows: 9
43-20-1. This chapter shall be cited as the "Mississippi 10
Child Care Licensing Law." 11
SECTION 2. Section 43-20-3, Mississippi Code of 1972, is 12
brought forward as follows: 13
43-20-3. The purpose of this chapter is to protect and 14
promote the health and safety of the children of this state by 15
providing for the licensing of child care facilities as defined 16
herein so as to assure that certain minimum standards are 17
maintained in such facilities. This policy is predicated upon the 18
fact that a child is not capable of protecting himself, and when 19
his parents for any reason have relinquished his care to others, 20
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there arises the probability of exposure of that child to certain 21
risks to his health and safety which require the offsetting 22
statutory protection of licensing. 23
SECTION 3. Section 43-20-5, Mississippi Code of 1972, is 24
brought forward as follows: 25
43-20-5. When used in this chapter, the following words 26
shall have the following meanings: 27
(a) "Child care facility" means a place that provides 28
shelter and personal care for six (6) or more children who are not 29
related within the third degree computed according to the civil 30
law to the operator and who are under thirteen (13) years of age, 31
for any part of the twenty-four-hour day, whether that place is 32
organized or operated for profit or not. The term "child care 33
facility" includes day nurseries, day care centers and any other 34
facility that falls within the scope of the definitions set forth 35
in this paragraph, regardless of auspices. Exemptions from the 36
provisions of this chapter include: 37
(i) Child care facilities that operate for no more 38
than two (2) days a week, whose primary purpose is to provide 39
respite for the caregiver or temporary care during other scheduled 40
or related activities and organized programs that operate for 41
three (3) or fewer weeks per year such as, but not limited to, 42
Vacation Bible Schools and scout day camps. 43
(ii) Any child residential home as defined in, and 44
in compliance with the provisions of, Section 43-16-3(b) et seq. 45
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(iii) 1. Any elementary, including kindergarten, 46
and/or secondary school system, accredited by the Mississippi 47
State Department of Education, the Southern Association of 48
Colleges and Schools, the Mississippi Private School Education 49
Association, the American Association of Christian Schools, the 50
Association of Christian Schools International, a school 51
affiliated with Accelerated Christian Education, Inc., and any 52
Head Start program operating in conjunction with an elementary 53
school system, whether it is public, private or parochial, whose 54
primary purpose is a structured school or school readiness 55
program. 56
2. Accreditation, for the purpose of 57
exemption from the provisions of this chapter, means: a. receipt 58
by any school or school system of full accreditation from an 59
accrediting entity listed in item 1 of this subparagraph (iii), or 60
b. proof of application by the school or school system for 61
accreditation status from the accrediting entity. Proof of 62
application for accreditation status shall include, but not be 63
limited to, a copy of the applicant's completed application for 64
accreditation filed with the licensing agency and a letter or 65
other authenticating documentation from a signatory authority with 66
the accrediting entity that the application for accreditation has 67
been received and that the applicant is currently under 68
consideration or review for full accreditation status by the 69
accrediting entity. An exemption for a nonaccredited applicant 70
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under this item 2 shall be for a maximum of one (1) year from the 71
receipt date by the licensing agency of the completed 72
documentation for proof of application for accreditation status. 73
Failure to receive full accreditation by the end of the one-year 74
exemption period for a nonaccredited applicant shall result in the 75
nonaccredited applicant no longer remaining exempt from the 76
provisions of this chapter at the end of the one-year period. 77
However, if full accreditation is not received by the end of the 78
one-year exemption period, the State Board of Health, in its 79
discretion, may extend the exemption period for any nonaccredited 80
applicant for periods of six (6) months, with the total extension 81
not to exceed one (1) year. During any such extension periods, 82
the board shall have the authority to enforce child care facility 83
licensure provisions relating to the health and safety of the 84
children in the school or school system. If a nonaccredited 85
applicant fails to receive full accreditation by the end of all 86
extended exemption periods, the applicant shall no longer remain 87
exempt from the provisions of this chapter at the end of the 88
extended exemption periods. 89
(iv) Any membership organization affiliated with a 90
national organization that charges only a nominal annual 91
membership fee, does not receive monthly, weekly or daily payments 92
for services, and is certified by its national association as 93
being in compliance with the association's minimum standards and 94
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procedures including, but not limited to, the Boys and Girls Club 95
of America, and the YMCA. 96
(v) Any family child care home as defined in 97
Section 43-20-53(a) et seq. 98
All other preschool child care programs and/or extended day 99
school programs must meet requirements set forth in this chapter. 100
Any entity exempt from the requirements to be licensed but 101
voluntarily chooses to obtain a license is subject to all 102
provisions of this chapter. 103
(b) "Health" means that condition of being sound in 104
mind and body and encompasses an individual's physical, mental and 105
emotional welfare. 106
(c) "Safety" means that condition of being protected 107
from hurt, injury or loss. 108
(d) "Person" means any person, firm, partnership, 109
corporation or association. 110
(e) "Operator" means any person, acting individually or 111
jointly with another person or persons, who establishes, owns, 112
operates, conducts or maintains a child care facility. The child 113
care facility license shall be issued in the name of the operator, 114
or, if there is more than one (1) operator, in the name of one (1) 115
of the operators. If there is more than one (1) operator, all 116
statutory and regulatory provisions concerning the background 117
checks of operators shall be equally applied to all operators of a 118
facility including, but not limited to, a spouse who jointly owns, 119
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operates or maintains the child care facility regardless of which 120
particular person is named on the license. 121
(f) "Personal care" means assistance rendered by 122
personnel of the child care facility in performing one or more of 123
the activities of daily living which includes, but is not limited 124
to, the feeding, personal grooming, supervising and dressing of 125
children placed in the child care facility. 126
(g) "Licensing agency" means the Mississippi State 127
Department of Health. 128
(h) "Caregiver" means any person who provides direct 129
care, supervision or guidance to children in a child care 130
facility, regardless of title or occupation. 131
SECTION 4. Section 43-20-7, Mississippi Code of 1972, is 132
brought forward as follows: 133
43-20-7. (1) There is hereby created an advisory council 134
which shall be appointed by the State Health Officer, who shall 135
serve at the pleasure of the State Health Officer. 136
(2) The advisory council shall consist of twelve (12) 137
persons, six (6) of whom shall be licensed child care providers, 138
and six (6) of whom shall represent child care professional 139
organizations, child advocacy groups, child care associations or 140
state agencies which provide child care funding, education or 141
services. No more than four (4) members shall be appointed from 142
any one (1) state Supreme Court district. 143
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(3) It shall be the duty of the advisory council to assist 144
and advise the licensing agency in the development of regulations 145
governing the licensure and regulation of child care facilities 146
and to advise the licensing agency on matters relative to the 147
administration and interpretation of the provisions of this 148
chapter. 149
(4) Members of the advisory council shall be reimbursed for 150
mileage and expenses as is authorized by law. 151
SECTION 5. Section 43-20-8, Mississippi Code of 1972, is 152
brought forward as follows: 153
43-20-8. (1) The licensing agency shall have powers and 154
duties as set forth below, in addition to other duties prescribed 155
under this chapter: 156
(a) Promulgate rules and regulations concerning the 157
licensing and regulation of child care facilities as defined in 158
Section 43-20-5; 159
(b) Have the authority to issue, deny, suspend, revoke, 160
restrict or otherwise take disciplinary action against licensees 161
as provided for in this chapter; 162
(c) Set and collect fees and penalties as provided for 163
in this chapter; any increase in the fees charged by the licensing 164
agency under this paragraph shall be in accordance with the 165
provisions of Section 41-3-65; and 166
(d) Have such other powers as may be required to carry 167
out the provisions of this chapter. 168
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(2) Child care facilities shall assure that parents have 169
welcome access to the child care facility at all times and shall 170
comply with the provisions of Chapter 520, Laws of 2006. 171
(3) Each child care facility shall develop and maintain a 172
current list of contact persons for each child provided care by 173
that facility. An agreement may be made between the child care 174
facility and the child's parent, guardian or contact person at the 175
time of registration to inform the parent, guardian or contact 176
person if the child does not arrive at the facility within a 177
reasonable time. 178
(4) Child care facilities shall require that, for any 179
current or prospective caregiver, all criminal records, background 180
and sex offender registry checks and current child abuse registry 181
checks are obtained. In order to determine the applicant's 182
suitability for employment, the applicant shall be fingerprinted. 183
If no disqualifying record is identified at the state level, the 184
fingerprints shall be forwarded by the Department of Public Safety 185
to the FBI for a national criminal history record check. 186
(5) The licensing agency shall require to be performed a 187
criminal records background check and a child abuse registry check 188
for all operators of a child care facility and any person living 189
in a residence used for child care. The Department of Human 190
Services shall have the authority to disclose to the State 191
Department of Health any potential applicant whose name is listed 192
on the Child Abuse Central Registry or has a pending 193
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administrative review. That information shall remain confidential 194
by all parties. In order to determine the applicant's suitability 195
for employment, the applicant shall be fingerprinted. If no 196
disqualifying record is identified at the state level, the 197
fingerprints shall be forwarded by the Department of Public Safety 198
to the FBI for a national criminal history record check. 199
(6) The licensing agency shall have the authority to exclude 200
a particular crime or crimes or a substantiated finding of child 201
abuse and/or neglect as disqualifying individuals or entities for 202
prospective or current employment or licensure. 203
(7) The licensing agency and its agents, officers, 204
employees, attorneys and representatives shall not be held civilly 205
liable for any findings, recommendations or actions taken under 206
this section. 207
(8) All fees incurred in compliance with this section shall 208
be borne by the child care facility. The licensing agency is 209
authorized to charge a fee that includes the amount required by 210
the Federal Bureau of Investigation for the national criminal 211
history record check in compliance with the Child Protection Act 212
of 1993, as amended, and any necessary costs incurred by the 213
licensing agency for the handling and administration of the 214
criminal history background checks. 215
(9) From and after January 1, 2008, the State Board of 216
Health shall develop regulations to ensure that all children 217
enrolled or enrolling in a state licensed child care center 218
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receive age-appropriate immunization against invasive pneumococcal 219
disease as recommended by the Advisory Committee on immunization 220
practices of the Centers for Disease Control and Prevention. The 221
State Board of Health shall include, within its regulations, 222
protocols for children under the age of twenty-four (24) months to 223
catch up on missed doses. If the State Board of Health has 224
adopted regulations before January 1, 2008, that would otherwise 225
meet the requirements of this subsection, then this subsection 226
shall stand repealed on January 1, 2008. 227
SECTION 6. Section 43-20-9, Mississippi Code of 1972, is 228
brought forward as follows: 229
43-20-9. From and after August 1, 1972, no person acting 230
individually or jointly with another person or persons shall 231
establish, own, operate, conduct or maintain a child care facility 232
in this state without a license issued under this chapter. 233
SECTION 7. Section 43-20-11, Mississippi Code of 1972, is 234
brought forward as follows: 235
43-20-11. An application for a license under this chapter 236
shall be made to the licensing agency upon forms provided by it, 237
and shall contain such information as the licensing agency may 238
reasonably require. Each application for a license shall be 239
accompanied by a license fee not to exceed Four Hundred Dollars 240
($400.00), which shall be paid to the licensing agency. Any 241
increase in the fee charged by the licensing agency under this 242
section shall be in accordance with the provisions of Section 243
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41-3-65. Licenses shall be granted to applicants upon the filing 244
of properly completed application forms, accompanied by payment of 245
the license fee, and a certificate of inspection and approval by 246
the fire department of the municipality or other political 247
subdivision in which the facility is located, and by a certificate 248
of inspection and approval by the health department of the county 249
in which the facility is located, and approval by the licensing 250
agency; except that if no fire department exists where the 251
facility is located, the State Fire Marshal shall certify as to 252
the inspection for safety from fire hazards. The fire, county 253
health department and licensing agency inspections and approvals 254
shall be based upon regulations promulgated by the licensing 255
agency as approved by the State Board of Health. 256
Each license shall be issued only for the premises and person 257
or persons named in the application and shall not be transferable 258
or assignable except with the written approval of the licensing 259
agency. Licenses shall be posted in a conspicuous place on the 260
licensed premises. 261
No governmental entity or agency shall be required to pay the 262
fee or fees set forth in this section. 263
SECTION 8. Section 43-20-12, Mississippi Code of 1972, is 264
brought forward as follows: 265
43-20-12. All fees collected by the State Board of Health 266
under this chapter and any penalties collected by the board for 267
violations of this chapter shall be deposited in a special fund 268
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hereby created in the State Treasury and shall be used for the 269
implementation and administration of this chapter when 270
appropriated by the Legislature for such purpose. 271
SECTION 9. Section 43-20-13, Mississippi Code of 1972, is 272
brought forward as follows: 273
43-20-13. A license issued under the provisions of this 274
chapter shall be renewed upon payment of a renewal fee not to 275
exceed Four Hundred Dollars ($400.00) per year, and upon filing by 276
the licensee of a report upon such uniform dates and upon forms 277
provided by the licensing agency, accompanied by a current 278
certificate of inspection and approval by the fire department and 279
the county health department specified in Section 43-20-11. 280
Any increase in the fee charged by the licensing agency under 281
this section shall be in accordance with the provisions of Section 282
41-3-65. 283
No governmental entity or agency shall be required to pay the 284
fee or fees set forth in this section. 285
SECTION 10. Section 43-20-14, Mississippi Code of 1972, is 286
brought forward as follows: 287
43-20-14. (1) The licensing agency may deny a license or 288
refuse to renew a license for any of the reasons set forth in 289
subsection (3) of this section. 290
(2) Before the licensing agency may deny or refuse to renew, 291
the applicant or person named on the license shall be entitled to 292
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a hearing in order to show cause why the license should not be 293
denied or should be renewed. 294
(3) The licensing agency may suspend, revoke or restrict the 295
license of any child care facility upon one or more of the 296
following grounds: 297
(a) Fraud, misrepresentation or concealment of material 298
facts; 299
(b) Conviction of an operator for any crime if the 300
licensing agency finds that the act or acts for which the operator 301
was convicted could have a detrimental effect on children cared 302
for by any child care facility; 303
(c) Violation of any of the provisions of this act or 304
of the regulations governing the licensing and regulation of child 305
care facilities promulgated by the licensing agency; 306
(d) Any conduct, or failure to act, that is found or 307
determined by the licensing agency to threaten the health or 308
safety of children at the facility; 309
(e) Failure by the child care facility to comply with 310
the provisions of Section 43-20-8(3) regarding background checks 311
of caregivers; and 312
(f) Information received by the licensing agency as a 313
result of the criminal records background check and the child 314
abuse registry check on all operators under Section 43-20-8. 315
(4) Before the licensing agency may suspend, revoke or 316
restrict the license of any facility, any licensee affected by 317
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that decision of the licensing agency shall be entitled to a 318
hearing in which the licensee may show cause why the license 319
should not be suspended, revoked or restricted. 320
(5) Any licensee who disagrees with or is aggrieved by a 321
decision of the Mississippi State Department of Health in regard 322
to the denial, refusal to renew, suspension, revocation or 323
restriction of the license of the licensee, may appeal to the 324
chancery court of the county in which the facility is located. 325
The appeal shall be filed no later than thirty (30) days after the 326
licensee receives written notice of the final administrative 327
action by the Mississippi State Department of Health as to the 328
suspension, revocation or restriction of the license of the 329
licensee. 330
SECTION 11. Section 43-20-15, Mississippi Code of 1972, is 331
brought forward as follows: 332
43-20-15. The licensing agency shall make or cause to be 333
made inspections relative to compliance with the laws and 334
regulations governing the licensure of child care facilities. Such 335
inspections shall be made at least once a year but additional 336
inspections may be made as often as deemed necessary by the 337
licensing agency. 338
SECTION 12. Section 43-20-17, Mississippi Code of 1972, is 339
brought forward as follows: 340
43-20-17. Information in the possession of the licensing 341
agency concerning the license of individual child care facilities 342
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may be disclosed to the public, except such information shall not 343
be disclosed in such manner as to identify children or families of 344
children cared for at a child care facility. Nothing in this 345
section shall affect the agency's authority to release findings of 346
investigations into allegations of abuse pursuant to either 347
Section 43-21-353(8) or Section 43-21-257. 348
SECTION 13. Section 43-20-19, Mississippi Code of 1972, is 349
brought forward as follows: 350
43-20-19. Any person establishing, conducting, managing or 351
operating a child care facility without a license under this 352
chapter after August 1, 1972, shall be guilty of a misdemeanor 353
and, upon conviction, shall be fined not more than One Hundred 354
Dollars ($100.00) for the first offense, and not more than Two 355
Hundred Dollars ($200.00) for each subsequent offense. 356
SECTION 14. Section 43-20-21, Mississippi Code of 1972, is 357
brought forward as follows: 358
43-20-21. Notwithstanding the existence of any other remedy, 359
the licensing agency may, in the manner provided by law, in 360
termtime or in vacation, upon the advice of the Attorney General 361
who, except as otherwise authorized in Section 7-5-39, shall 362
represent the licensing agency in the proceedings, maintain an 363
action in the name of the state for an injunction or other proper 364
remedy against any person to restrain or prevent the 365
establishment, conduct, management or operation of a child care 366
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facility without license under this chapter, or otherwise in 367
violation of this chapter. 368
SECTION 15. Section 43-20-51, Mississippi Code of 1972, is 369
brought forward as follows: 370
43-20-51. The purpose of Sections 43-20-51 through 43-20-65 371
is to protect and promote the health and safety of children of 372
this state who are cared for in family child care homes which are 373
not required to be licensed by the state, by allowing for a 374
voluntary registration of such homes, establishing of standards 375
for such homes and child care providers and allowing for periodic 376
routine inspection and mandatory inspections when warranted by 377
complaints. 378
SECTION 16. Section 43-20-53, Mississippi Code of 1972, is 379
brought forward as follows: 380
43-20-53. As used in Sections 43-20-51 through 43-20-65: 381
(a) "Family child care home" means any residential 382
facility occupied by the operator where five (5) or fewer children 383
who are not related within the third degree computed according to 384
the civil law to the provider and who are under the age of 385
thirteen (13) years of age are provided care for any part of the 386
twenty-four-hour day. 387
(b) "Registering agency" means the Mississippi State 388
Department of Health. 389
(c) "Provider" means the person responsible for the 390
care of children. 391
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SECTION 17. Section 43-20-55, Mississippi Code of 1972, is 392
brought forward as follows: 393
43-20-55. The advisory council appointed by the Executive 394
Officer of the State Department of Health under the provisions of 395
Section 43-20-7, Mississippi Code of 1972, shall assist and advise 396
in the development of regulations and standards governing the 397
registration and regulation of family child care homes. Members 398
of the council who are not public employees shall receive per diem 399
compensation as provided under Section 25-3-69, Mississippi Code 400
of 1972, and shall be reimbursed for mileage and expenses. 401
SECTION 18. Section 43-20-57, Mississippi Code of 1972, is 402
brought forward as follows: 403
43-20-57. (1) No person shall knowingly maintain a family 404
child care home if, in such family child care home, there resides, 405
works or regularly volunteers any person who: 406
(a) (i) Has a felony conviction for a crime against 407
persons; 408
(ii) Has a felony conviction under the Uniform 409
Controlled Substances Act; 410
(iii) Has a conviction for a crime of child abuse 411
or neglect; 412
(iv) Has a conviction for any sex offense as 413
defined in Section 45-33-23, Mississippi Code of 1972; or 414
(v) Any other offense committed in another 415
jurisdiction or any federal offense which, if committed in this 416
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state, would be deemed to be such a crime without regard to its 417
designation elsewhere; 418
(b) Has been adjudicated a juvenile offender because of 419
having committed an act which if done by an adult would constitute 420
the commission of a felony and which is a crime against persons; 421
(c) Has had a child declared in a court order in this 422
or any other state to be deprived or a child in need of care based 423
on an allegation of physical, mental or emotional abuse or neglect 424
or sexual abuse; 425
(d) Has had parental rights terminated pursuant to 426
Section 93-15-101 et seq., Mississippi Code of 1972; or 427
(e) Has an infectious or contagious disease, as defined 428
by the State Department of Health pursuant to Section 41-23-1, 429
Mississippi Code of 1972. 430
(2) No person shall maintain a family child care home if 431
such person has been found to be a disabled person in need of a 432
guardian or conservator, or both. 433
(3) Any person who resides in the home and who has been 434
found to be a disabled person in need of a guardian or 435
conservator, or both, shall be included in the total number of 436
children allowed in care. 437
(4) In accordance with the provision of this subsection (4), 438
the State Department of Health shall have access to any court 439
orders or adjudications of any court of record, any records of 440
such orders or adjudications, criminal history record information 441
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in the possession of the Mississippi Highway Safety Patrol or 442
court of this state concerning persons working, regularly 443
volunteering or residing in a family child care home. The 444
department shall have access to these records for the purpose of 445
determining whether or not the home meets the requirements of 446
Sections 43-20-51 through 43-20-65. 447
(5) No family child care home or its employees shall be 448
liable for civil damages to any person refused employment or 449
discharged from employment by reason of such home's compliance 450
with the provisions of this section if such home acts in good 451
faith to comply with this section. 452
SECTION 19. Section 43-20-59, Mississippi Code of 1972, is 453
brought forward as follows: 454
43-20-59. (1) Any person maintaining a family child care 455
home may register such home with the State Department of Health on 456
forms provided by the department. 457
(2) A certificate of registration shall be issued to the 458
applicant for registration who (a) attests to the safety of the 459
home for the care of children, (b) submits a fee of Five Dollars 460
($5.00), payable to the department, and (c) certifies that no 461
person described in paragraph (a), (b), (c), (d) or (e) of Section 462
43-20-57(1) resides, works or volunteers in the family child care 463
home. 464
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Any increase in the fee charged by the department under this 465
subsection shall be in accordance with the provisions of Section 466
41-3-65. 467
(3) The department shall furnish each applicant for 468
registration a family child care home safety evaluation form to be 469
completed by the applicant and submitted with the registration 470
application. 471
(4) The certificate of registration shall be renewed 472
annually in the same manner provided for in this section. 473
(5) A certificate of registration shall be in force for one 474
(1) year after the date of issuance unless revoked pursuant to 475
Sections 43-20-51 through 43-20-65. The certificate shall specify 476
that the registrant may operate a family child care home for five 477
(5) or fewer children. This section shall not be construed to 478
limit the right of the department to enter a registered family 479
child care home for the purpose of assessing compliance with 480
Sections 43-20-51 through 43-20-65 after receiving a complaint 481
against the registrant of such home or in conducting a periodic 482
routine inspection. 483
(6) The department shall adopt rules and regulations to 484
implement the registration provisions. 485
SECTION 20. Section 43-20-61, Mississippi Code of 1972, is 486
brought forward as follows: 487
43-20-61. The department may deny, revoke or refuse to renew 488
a certificate of registration upon determination that the 489
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registrant falsified information on the application or willfully 490
and substantially has violated Sections 43-20-51 through 43-20-65, 491
inclusive and amendments thereto. The department shall not revoke 492
or refuse to renew any certificate without giving notice and 493
conducting a hearing. 494
SECTION 21. Section 43-20-63, Mississippi Code of 1972, is 495
brought forward as follows: 496
43-20-63. The department may suspend any certificate of 497
registration issued under the provision of Sections 43-20-51 498
through 43-20-65 upon any of the following grounds and in the 499
manner provided in Sections 43-20-51 through 43-20-65: 500
(a) Violation by the registrant of any provision of 501
Sections 43-20-51 through 43-20-65 or of the rules and regulations 502
promulgated under Sections 43-20-51 through 43-20-65; 503
(b) Aiding, abetting or permitting the violation of any 504
provision of Sections 43-20-51 through 43-20-65 or of the rules 505
and regulations promulgated under Sections 43-20-51 through 506
43-20-65; 507
(c) Conduct in the operation or maintenance, or both 508
the operation and maintenance of a family child care home which is 509
inimical to health, morals, welfare or safety of either an 510
individual in or receiving services from the home or the people of 511
this state; and 512
(d) The conviction of a registrant at any time during 513
registration of any crime under state or federal law. 514
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ST: Child care licensing statutes; bring
forward for possible amendment.
The department may suspend any certificate of registration 515
issued under the provisions of Sections 43-20-51 through 43-20-65 516
prior to any hearing when, in the opinion of the department, the 517
action is necessary to protect any child in the family child care 518
home from physical or mental abuse, abandonment or any other 519
substantial threat to health or safety. 520
SECTION 22. Section 43-20-65, Mississippi Code of 1972, is 521
brought forward as follows: 522
43-20-65. Information received by the licensing agency 523
through filed reports, inspections or otherwise authorized under 524
Sections 43-20-51 through 43-20-65 shall not be disclosed publicly 525
in such manner as to identify individuals. In any hearings 526
conducted under regulation provisions of Sections 43-20-51 through 527
43-20-65, the hearing officer may close the hearing to the public 528
to prevent public disclosure of matters relating to individuals 529
restricted by other law. 530
SECTION 23. This act shall take effect and be in force from 531
and after July 1, 2026. 532