A.
The Application for a License:
An application for a license shall be made on forms provided
by the Mississippi Department of Human Services, Division of Family and
Children's Services (hereafter known as "the Department"). All inquiries should
be made to the:
Attention: Licensure Unit
Mississippi State Department of Human Services
Division of Family and Children's Services
Post Office Box 352
Jackson, MS 39205-0352
(MS Code §
43-15-5(2)
and §
43-15-105
Licensing Authority See Appendix)
The applicant will be furnished with an application form and
a copy of the Licensing Standards for Child Placing Agencies and Residential
Child Caring Agencies (hereafter known as "the agency").
The following minimum material shall accompany the first
application for a license:
1. A copy
of the Articles of Incorporation and a copy of the Constitution and/or By-laws.
Any agency or residential child care facility incorporated outside of the State
of Mississippi shall secure authorization from the Secretary of State to do
business in Mississippi.
2. A
completed application form and a letter from the applicant's Board of Directors
authorizing the applicant to sign the application
3. For-profit agencies must provide
information on corporate structure, ownership and proprietary
interest.
4. A copy of the zoning
verification notice signed by the zoning administrator
5. A list of the names, addresses,
occupations and term expiration of Board Members; and specify the officers of
the Board of Directors
6. A
statement of purpose which includes a description of the geographic area to be
served, the types of children to be accepted for placement or care, the
services to be provided and the program objectives
7. Verification of six (6) months capital
revenue, which shall not include state funds
8. A copy of the current budget which shows
both expected expenses and sources of income
9. A copy of policies regarding fees and
charges for services
10. A copy of
the staff organizational table including names of all employees currently
holding those positions
11. A
general description of each type of staff position proposed for the agency
including qualification requirements
12. A copy of all policy, including but not
limited to, the personnel policies and admission policies
13. A copy of the staff development and
training plan that must comply with the Department's training requirements (See
Section III. Personnel : Staff Development and In-Service Training)
14. Certification of occupancy requirements,
elevator inspections, occupational safety and health administration codes and
all other applicable safety codes
15. A copy of the plan for providing care and
services
16. Copies of all forms
used by the agency such as application and placement agreement
17. Certificate of compliance with the civil
rights laws
18. Most recent audit
and IRS Form 990
19. A diagram of
all structures of the facility showing square footage and designated use of
each room and location(s) on campus/grounds of each structure, building codes,
and evidence of compliance with applicable codes
20. A copy of the required fire, health and
sanitation (any hazardous condition) inspections completed within the last
three months
21. Current emergency
policies and procedures for all natural or man-made disasters affecting the
facility
22. A copy of current
insurance policy coverage including, but not limited to, auto insurance for
staff and volunteers who transport children, comprehensive general liability,
and owner property insurance on the facility.
B.
Review of Initial
Application:
The Department shall notify the applicant in writing within
ten (10) working days acknowledging the receipt of the application. Within
thirty (30) working days, the licensing review shall begin. The review shall
include on-site interviews, record reading, observation and other interviews.
The Department reviews the application, and will notify the applicant, in
writing, of the results of the initial review. If additional
information/documents are needed for the application process, this will be
noted in the response from the Department. The applicant has thirty (30)
calendar days to respond, in writing, to the additional information/documents
requested, by the Department, to proceed with the application process. If there
is no response by the applicant within the thirty (30) calendar days, the
Department will proceed with closure of the application.
C.
Reapplication for a
License:
If an initial application for a license or application for
renewal of a license is denied, or if the license is revoked, or applicant
voluntarily requests closure, an application for a new license shall not be
filed for one (1) year. (MS Code 43-15-113 See Appendix)
D.
Renewal of a
License:
1. At least two
(2) months before the license expires, the Department shall notify the agency
and request completion of a license renewal application.
2. When the agency submits a timely
application for renewal, the current license shall remain in effect until the
review is completed and the Department issues a license or denies the
application. However, renewal must be accomplished prior to the expiration date
of the current license. If the renewal application and all the required
documents have not been received prior to the current license expiration date,
the renewal license shall be denied.
3. A renewal application shall be sent with
the following materials:
a. A list of names,
addresses, occupations and term expiration of all Board members; and specify
the officers of the Board
b. A copy
of the annual report published since the last license was issued
c. The budget for the current fiscal year,
which shows capital necessary for a twelve (12) month period of operation. The
agency should provide proof that twenty-five percent (25%) of the current
operating budget is available in the name of the agency, which shall not
include the Department board payment.
d. The most recent financial audit review and
IRS Form 990 (for adoption agencies only)
e. The names, classifications and
qualifications of current staff and work schedule
f. A copy of the current staff organizational
table, if changed since the last license was issued
g. A description of any program review and
evaluation, and changes in program content and purpose which have occurred
since the last license was issued
h. A copy of any revisions in personnel
policies that have been made since the last license was issued
i. A copy of the current staff development
and in-service training plan (see Section III. Personnel: Staff Development and
In-Service Training)
j. A copy of
program accreditations, license with other states, and the licensure
certificate
k. For-profit agencies
must detail any changes in corporate structure, ownership or proprietary
interest since the last license was issued.
l. A current copy of the required fire and
health inspections performed in the last three (3) months
m. Any changes in the diagram or designated
use of any structure or room or locations on the campus/grounds of each
agency
n. A copy of current
insurance policy coverage including, but not limited to, auto insurance for
staff that transports children, comprehensive general liability, and owner
property insurance on the facility
o. A copy of policies regarding fees and
charges for services to prospective adoptive parents (for adoption agencies
only). (MS Code 43-15-117 See Appendix)
E.
Disposition of the
Application:
1. The
Department shall issue a license when the review shows that the applicant
substantially complies with all licensing regulations and
requirements.
2. The Department
shall deny a license when the review shows that the applicant does not
substantially comply with licensing regulations or requirements. The Department
shall send written notice to the applicant and give the reasons for the denial
of the license.
F.
Provisions of the License:
1. An initial license issued by the
Department to a child placing agency or residential child caring agency will be
valid for two consecutive six month periods. Thereafter the license will be
valid for one (1) year from the date of issuance, unless revoked by the
Department or voluntarily surrendered by the licensee.
2. A license shall show the beginning and
ending dates of the licensing period and the services under licensure. The
number of children served shall not exceed the number specified on the license
(with the exception that a sibling group may be placed together in the same
foster home in excess of these limits, but only upon written approval by the
DFCS Regional Director determining that the foster children can be maintained
safely in the home) and the age range shall not vary from the limits specified
on the license.
3. A license is not
transferable. The license applies only to the location and agency to whom it is
issued and the services approved.
4. When a license is granted, it shall be
displayed in a prominent public place in the facility and/or residential child
caring agency.
5. A new agency must
be in operation for one (1) year before any changes can be made to the current
license.
6. An agency requesting
dismissal of a child due to behavioral problems must allow the Department
fourteen (14) days to make efforts to avoid a disruption in placement or to
locate an alternate placement for the child. (MS Code 43-15-107 See
Appendix)
G.
Revocation of a License:
Upon receipt of a report of abuse, neglect, corporal
punishment, or maltreatment an investigation is conducted by the Child
Protective Services; the Licensure Unit shall undertake a separate licensure
investigation to determine whether the agency is in compliance with the
Department's licensure standards. If any licensure standards violations are
found, the agency shall submit to the Department a Corrective Action Plan
(CAP), including timeframes for undertaking the actions. The Department will
review the CAP and shall either approve or return a request for revision. If
the facility refuses to implement, or fails to comply with the CAP and
timeframes approved, the Department shall revoke the licensure.
When a child placing agency or residential child caring
agency is placed on a CAP, the Licensure Unit will monitor the facility for six
months via drop-in visits, announced and/or unannounced. These visits can occur
at the discretion of the Licensure Unit. If the agency fails to comply with the
CAP, the Department shall revoke the license.
The agency's license can be
immediately
revoked if the following occurs:
1. If evidence is found that an agency has
provided to the Department false information regarding staff members working at
the facility
2. If false
information is provided regarding income and revenue to operate the
facility
3. If the renewal
application and all the required documents for licensing have not been received
prior to the current license expiration date
4. If evidence of abuse, neglect, degrading
punishment, corporal punishment, or other maltreatment of children in custody
is found
5. If the agency provides
false documents to the agency.
(MS Codes §
43-15-107,
§
43-15-113,
§
43-15-119,
and §
43-15-123 See
Appendix)
H.
On-Site Visits:
Authorized licensing staff of the Department may make
scheduled and/or unannounced visits to the agency. During an on-site visit, the
licensing staff will interview youth placed at the facility and the licensing
staff has the authority to review all records pertaining to licensing,
including financial records and minutes of board meetings. (MS Code §
43-15-115
See Appendix)
I.
Special Safety Review for Two or More Reports within Last Two
Years:
The Department may undertake a special safety review
including an unannounced site visit, of all resource homes, group homes and
other residential facilities that house children in custody with two or more
reports of maltreatment, including corporal punishment, within the previous
three year time frame or at the request of a senior DFCS administrator to
determine whether any children placed in those facilities are at risk of harm
and any licensing standards related to child safety are not being met.
Representatives of the Department will interview children at the home as well
as other household members/residents, and staff of the home or facility. It is
imperative that the agency cooperate and not prevent access to the residents
that are currently residing in the facility. Any necessary corrective actions
will be identified and the facility shall have ten (10) days to submit to the
Department a CAP, including timeframes for undertaking the actions.
