Rule 15-11-55-1.5.2 - Criminal Record (Fingerprinting), Child Abuse Central Registry Checks, and Sex Offender Records ChecksPursuant to Section 43-20-1 et seq., of the Mississippi Code of 1972, 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 a criminal history records check (fingerprint), child abuse registry check and a sex offender registry check.
1. Within ten working days from the date of employment, 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 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 Department (MSDH) 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 (MSDH) of the employee's suitability for employment.2. Although an individual is allowed to begin employment prior to the receiving confirmation of the employee's status for employment suitability, at no time shall the facility allow that individual to provide unsupervised care or be left alone with a child until the facility receives notification from the Department (MSDH) verifying that employee's suitability for employment. Each licensed child care facility with internet capabilities may electronically access, monitor, and verify the suitability status of any submitted employee through a MSDH maintained webpage: http://www.msdh.state.ms.us. (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. Unless otherwise voided, the letter confirming an employee's Suitability for Employment is valid for a period of five years. However, if there is no break in service from the submitting licensed provider of origin and/or the same campus, as specified on the suitability letter, the Letter of Suitability will remain valid for as long as the individual remains employed at the licensed facility of origin. The Letter of Suitability is not transferable to another program licensed by the Child Care Licensure Division after the date of expiration as specified within the suitability letter.
4. Individuals under the age of 18 are not required to be fingerprinted. However, that individual must never be left alone with children.5. The facility shall maintain the following on any individual who volunteers in a child care facility for 120 or more hours per licensure year: a. Letter of Suitability for Employment that reflects the completion of the criminal records check, child abuse registry check and sex offender check.b. Immunization Compliance Form 121.15 Miss. Code. R. 11-55-1.5.2
Miss. Code Ann. § 43-20-8.