Pursuant to Section
43-20-1 et seq.,
of the Mississippi Code of 1972, Section 658(d) of the Child Care Development
Block Grant (CCDBG) Act of 2014, and Federal Rules and Regulations
45
CFR 98.43 Criminal Background Checks all
operators, employees, and prospective employees of a child care facility and
any individual residing in a residence licensed as a child care facility shall
have an FBI national criminal history records check (fingerprint), State
criminal history records check (fingerprint), State child abuse registry check,
National Crime Information Center (NCIC) National Sex Offender Registry (NSOR)
sex offender registry check, and State sex offender registry check. Further,
such checks must be completed at least every five years on the owner and staff
of a child care facility.
1.
Before a prospective staff member may begin work in a child care facility
a valid Letter of Suitability must have been issued by the MSDH Criminal
Records Check Unit. The child care facility shall submit the following
for processing:
a. A
completed
fingerprint card and fees, as appropriate, shall be submitted to the
Mississippi State Department of Health (MSDH) for processing. A
copy of the submitted fingerprint card, fees paid, and evidence of mailing
shall be maintained in the employee's personnel file until the facility
receives notification from the Mississippi State Department of Health
(Department) verifying the employee's suitability for employment.
If the facility is notified that the fingerprints
submitted were incomplete or of such poor quality that prevented processing,
the facility shall reprint the individual and/or resubmit the necessary
information within ten days of the dated letter on the notification.
b. A Child Abuse Registry
Form shall be submitted to the Department of Human Services
for processing. A copy of the submitted form and evidence of mailing shall be
maintained in the employee's personnel file until the facility receives
notification from the Department of the employee's suitability for
employment.
2. Each
licensed child care facility with internet capabilities may electronically
access, monitor, and verify the suitability status of any submitted employee
through a Department maintained webpage:
http://www.HealthyMS.com. (Licensed
providers without electronic capabilities will receive hardcopy notification of
an employee's suitability status.)
3. Upon receipt of notification, either
electronically or hardcopy, that the employee has been deemed suitable for
employment in a child care facility, the facility shall provide the employee
the original Letter of Suitability and shall maintain a copy of the suitability
letter for the facility files.
a. Unless
otherwise voided, the letter confirming an employee's Suitability for
Employment is valid for a period of five years from the date of
the letter. However, if an individual has been separated from employment (break
in service) in a child care facility for more than 180 consecutive days a new
criminal history records check must be submitted and approved before the
individual may begin work in a child care facility regardless of the date of
issuance on the letter.
b. The
facility owner and each employee shall have criminal history records checks
(fingerprint), child abuse registry checks, and sex offender registry checks
completed at least every five years.
c. The Letter of Suitability is not
transferable to another program licensed by the Child Care Licensure Bureau
after the date of expiration as specified within the suitability
letter.
d.
If an individual
has been separated from employment (break in service) in a child care facility
for more than 180 consecutive days a new criminal history records check must be
submitted and approved before the individual may begin work in a child care
facility.
4.
Individuals under the age of 18 that are employed by a child care provider for
compensation are required to complete a comprehensive background check that
includes everything an adult criminal history records check requires.
5. Child care providers shall require each
applicant that lives outside of Mississippi and/or has lived outside of
Mississippi within the last 5 years to complete an interstate background check
for the previous state(s) of residence, which includes at a minimum a state
criminal history record check, state sex offender registry check, and state
child abuse and neglect registry check. The interstate background check must be
completed within 45 days of the sub Mission of the prospective employee's child
care employment application.
6.
Volunteers
a. The facility shall maintain the following
on any individual who volunteers in a child care facility for less than 120
hours per licensure year:
i. A provider will
maintain a time sheet on all volunteers indicating the number of hours they
worked each time they were at the facility.
ii. Immunization Compliance Form
121.
b. The facility
shall maintain the following on any individual who volunteers in a child care
facility for 120 or more hours per licensure year:
i. Letter of Suitability that reflects the
completion of a full criminal records check, child abuse registry check, and
sex offender check. Also, if required an out-of-state criminal records check,
child abuse registry check, and sex offender check.
ii. Immunization Compliance Form
121.
