Bill Text: MS HB675 | 2011 | Regular Session | Introduced
Bill Title: Family child care homes; require registration and training of operators, and transfer administration of registration to DHS.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB675 Detail]
Download: Mississippi-2011-HB675-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Human Services
By: Representative Stevens
House Bill 675
AN ACT TO AMEND SECTIONS 43-20-51, 43-20-53, 43-20-55, 43-20-59 AND 43-20-65, MISSISSIPPI CODE OF 1972, TO TRANSFER THE ADMINISTRATION OF THE FAMILY CHILD CARE HOME REGISTRATION LAW FROM THE STATE DEPARTMENT OF HEALTH TO THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES; TO REQUIRE PERSONS WHO MAINTAIN FAMILY CHILD CARE HOMES TO REGISTER WITH THE DEPARTMENT; TO INCREASE THE AMOUNT OF THE REGISTRATION FEE; TO REQUIRE EACH PERSON WHO IS REGISTERED TO RECEIVE SIX HOURS OF BASIC TRAINING RELATING TO PROVIDING CHILD CARE IN A FAMILY CHILD CARE HOME FROM THE MISSISSIPPI STATE UNIVERSITY EXTENSION SERVICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-20-51, Mississippi Code of 1972, is amended as follows:
43-20-51. The purpose of Sections 43-20-51 through 43-20-65 is to protect and promote the health and safety of children of this state who are cared for in family child care homes that are not required to be licensed by the state, by providing for * * * registration of those homes, establishing of standards for those homes and child care providers and allowing for periodic routine inspection and mandatory inspections when warranted by complaints.
SECTION 2. Section 43-20-53, Mississippi Code of 1972, is amended as follows:
43-20-53. As used in Sections 43-20-51 through 43-20-65:
(a) "Family child care home" means any residential facility occupied by the operator where five (5) or fewer children who are not related within the third degree computed according to the civil law to the provider and who are under the age of thirteen (13) years of age are provided care for any part of the twenty-four-hour day.
(b) "Department" means the Mississippi * * * Department of Human Services.
(c) "Provider" means the person responsible for the care of children.
SECTION 3. Section 43-20-55, Mississippi Code of 1972, is amended as follows:
43-20-55. The advisory council appointed by the Executive Officer of the State Department of Health under the provisions of Section 43-20-7 may assist and advise in the development of regulations and standards governing the registration and regulation of family child care homes, upon request of the Department of Human Services. * * *
SECTION 4. Section 43-20-59, Mississippi Code of 1972, is amended as follows:
43-20-59. (1) Any person maintaining a family child care home shall register the home with the * * * department * * * on forms provided by the department. (2) A certificate of registration shall be issued to the applicant for registration who (a) attests to the safety of the home for the care of children, (b) submits a fee of Fifteen Dollars ($15.00) payable to the department, and (c) certifies that no person described in paragraphs (a), (b), (c), (d) or (e) of Section 43-20-57(1) resides, works or volunteers in the family child care home.
(3) The department shall furnish each applicant for registration a family child care home safety evaluation form to be completed by the applicant and submitted with the registration application.
(4) The certificate of registration shall be renewed annually in the same manner provided for in this section.
(5) A certificate of registration shall be in force for one (1) year after the date of issuance unless revoked under Sections 43-20-51 through 43-20-65. The certificate shall specify that the registrant may operate a family child care home for five (5) or fewer children. This section shall not be construed to limit the right of the department to enter a registered family child care home for the purpose of assessing compliance with Sections 43-20-51 through 43-20-65 after receiving a complaint against the registrant of the home or in conducting a periodic routine inspection.
(6) The department shall adopt rules and regulations to implement the registration provisions.
(7) Each person who is registered under Sections 43-20-51 through 43-20-65 shall receive six (6) hours of basic training relating to providing child care in a family child care home from the Mississippi State University Extension Service, which shall include, at a minimum, first aid and cardiopulmonary resuscitation (CPR), nutrition, health and safety, shaken baby syndrome and safe sleep practices. Any person who was registered before July 1, 2011, shall complete the required training before October 1, 2011. Any person who registers on or after July 1, 2011, shall complete the required training not later than three (3) months after registration.
SECTION 5. Section 43-20-65, Mississippi Code of 1972, is amended as follows:
43-20-65. Information received by the department through filed reports, inspections or otherwise authorized under Sections 43-20-51 through 43-20-65 shall not be disclosed publicly in a manner as to identify individuals. In any hearings conducted under regulation provisions of Sections 43-20-51 through 43-20-65, the hearing officer may close the hearing to the public to prevent public disclosure of matters relating to individuals restricted by other law.
SECTION 6. This act shall take effect and be in force from and after July 1, 2011.
