15 MAC Pt. 11, R. 1.26.1
Information in the possession of the licensing agency
Cite as 15 Miss. Admin. Code Pt. 11, R. 1.26.1
Information in the possession of the licensing agency
concerning the license of individual child care facilities may be
disclosed to the public, except such information shall not be
disclosed in such manner as to identify children or families of
children cared for at a child care facility. Nothing in this section
shall affect the agency’s authority to
release findings of investigation into allegations of abuse pursuant
to either Sections 43- 21-353(8) and Section 43-21-257
Mississippi Code of 1972, annotated.
Source: Miss. Code Ann. §43-20-8.
APPENDIX A
§ 43-21-353. Duty to inform state agencies and officials; duty to inform
individual about whom report has been made of specific allegations.
(1)
Any attorney, physician, dentist, intern, resident, nurse, psychologist,
social worker, family protection worker, family protection specialist, child
caregiver, minister, law enforcement officer, public or private school
employee or any other person having reasonable cause to suspect that a
child is a neglected child or an abused child, shall cause an oral report to
be made immediately by telephone or otherwise and followed as soon
thereafter as possible by a report in writing to the Department of Human
Services, and immediately a referral shall be made by the Department of
Human Services to the youth court intake unit, which unit shall promptly
comply with Section 43-21-357. In the course of an investigation, at the
initial time of contact with the individual(s) about whom a report has been
made under this Youth Court Act or with the individual(s) responsible for
the health or welfare of a child about whom a report has been made under
this chapter, the Department of Human Services shall inform the
individual of the specific complaints or allegations made against the
individual. Consistent with subsection (4), the identity of the person who
reported his or her suspicion shall not be disclosed. Where appropriate, the
Department of Human Services shall additionally make a referral to the
youth court prosecutor.
.
Upon receiving a report that a child has been sexually abused, or burned,
tortured, mutilated or otherwise physically abused in such a manner as to
cause serious bodily harm, or upon receiving any report of abuse that
would be a felony under state or federal law, the Department of Human
Services shall immediately notify the law enforcement agency in whose
jurisdiction the abuse occurred and shall notify the appropriate prosecutor
within forty-eight (48) hours, and the Department of Human Services shall
have the duty to provide the law enforcement agency all the names and
facts known at the time of the report; this duty shall be of a continuing
nature. The law enforcement agency and the Department of Human
Services shall investigate the reported abuse immediately and shall file a
preliminary report with the appropriate prosecutor's office within twenty-
four (24) hours and shall make additional reports as new or additional
information or evidence becomes available. The Department of Human
Services shall advise the clerk of the youth court and the youth court
prosecutor of all cases of abuse reported to the department within seventy-
two (72) hours and shall update such report as information becomes
available.
(2)
Any report to the Department of Human Services shall contain the
names and addresses of the child and his parents or other persons
responsible for his care, if known, the child's age, the nature and extent
of the child's injuries, including any evidence of previous injuries and
any other information that might be helpful in establishing the cause of
the injury and the identity of the perpetrator.
(3)
The Department of Human Services shall maintain a statewide
incoming wide-area telephone service or similar service for the purpose of
receiving reports of suspected cases of child abuse; provided that any
attorney, physician, dentist, intern, resident, nurse, psychologist, social
worker, family protection worker, family protection specialist, child
caregiver, minister, law enforcement officer or public or private school
employee who is required to report under subsection (1) of this section
shall report in the manner required in subsection (1).
(4)
Reports of abuse and neglect made under this chapter and the identity
of the reporter are confidential except when the court in which the
investigation report is filed, in its discretion, determines the testimony of
the person reporting to be material to a judicial proceeding or when the
identity of the reporter is released to law enforcement agencies and the
appropriate prosecutor pursuant to subsection (1). Reports made under this
section to any law enforcement agency or prosecutorial officer are for the
purpose of criminal investigation and prosecution only and no information
.
from these reports may be released to the public except as provided by
Section 43-21-261. Disclosure of any information by the prosecutor shall
be according to the Mississippi Uniform Rules of Circuit and County
Court Procedure. The identity of the reporting party shall not be disclosed
to anyone other than law enforcement officers or prosecutors without an
order from the appropriate youth court. Any person disclosing any reports
made under this section in a manner not expressly provided for in this
section or Section 43-21-261, shall be guilty of a misdemeanor and
subject to the penalties prescribed by Section 43-21-267.
(5)
All final dispositions of law enforcement investigations described in
subsection (1) of this section shall be determined only by the appropriate
prosecutor or court. All final dispositions of investigations by the
Department of Human Services as described in subsection (1) of this
section shall be determined only by the youth court. Reports made under
subsection (1) of this section by the Department of Human Services to
the law enforcement agency and to the district attorney's office shall
include the following, if known to the department:
(a) The name and address of the child;
(b) The names and addresses of the parents;
(c) The name and address of the suspected perpetrator;
(d) The names and addresses of all witnesses, including the reporting party if a material
witness to the abuse;
(e) A brief statement of the facts indicating that the child has been abused and any other
information from the agency files or known to the family protection worker or family
protection specialist making the investigation, including medical records or other
records, which may assist law enforcement or the district attorney in investigating
and/or prosecuting the case; and
(f) What, if any, action is being taken by the Department of Human Services.
(6)
In any investigation of a report made under this chapter of the abuse
or neglect of a child as defined in Section 43-21-105(m), the
Department of Human Services may request the appropriate law
enforcement officer with jurisdiction to accompany the department in its
investigation, and in such cases the law enforcement officer shall
comply with such request.
(7)
Anyone who willfully violates any provision of this section shall be,
.
upon being found guilty, punished by a fine not to exceed Five Thousand
Dollars ($5,000.00), or by imprisonment in jail not to exceed one (1) year,
or both.
(8)
If a report is made directly to the Department of Human Services that
a child has been abused or neglected in an out-of-home setting, a referral
shall be made immediately to the law enforcement agency in whose
jurisdiction the abuse occurred and the department shall notify the district
attorney's office within forty-eight (48) hours of such report. The
Department of Human Services shall investigate the out-of-home setting
report of abuse or neglect to determine whether the child who is the
subject of the report, or other children in the same environment, comes
within the jurisdiction of the youth court and shall report to the youth
court the department's findings and recommendation as to whether the
child who is the subject of the report or other children in the same
environment require the protection of the youth court. The law
enforcement agency shall investigate the reported abuse immediately and
shall file a preliminary report with the district attorney's office within
forty-eight (48) hours and shall make additional reports as new
information or evidence becomes available. If the out-of-home setting is a
licensed facility, an additional referral shall be made by the Department
of Human Services to the licensing agency. The licensing agency shall
investigate the report and shall provide the Department of Human
Services, the law enforcement agency and the district attorney's office
with their written findings from such investigation as well as that
licensing agency's recommendations and actions taken.
Sources: Laws, 1979, ch. 506, § 41; Laws, 1980, ch. 550, § 17; Laws, 1984, ch. 342;
Laws,
1985, ch. 360; Laws, 1993, ch. 522, § 1; Laws, 1994, ch. 387, § 1; Laws, 1994, ch. 591, §
3;
Laws, 1995, ch. 335, § 1; Laws, 1996, ch. 323, § 2; Laws, 1997, ch. 440, § 10; Laws,
1998, ch.
340, § 1; Laws, 1998, ch. 557, § 1; Laws, 2004, ch. 489, § 3; Laws, 2006, ch. 600, § 4;
Laws,
2007, ch. 337, § 3, eff from and after July 1, 2007.
§ 43-21-355. Immunity for reporting information.
Any attorney, physician, dentist, intern, resident, nurse, psychologist,
social worker, family protection worker, family protection specialist,
child caregiver, minister, law enforcement officer, school attendance
.
officer, public school district employee, nonpublic school employee,
licensed professional counselor or any other person participating in the
making of a required report pursuant to Section 43-21-353 or
participating in the judicial proceeding resulting therefrom shall be
presumed to be acting in good faith. Any person or institution reporting in
good faith shall be immune from any liability, civil or criminal, that might
otherwise be incurred or imposed.
Sources: Laws, 1979, ch. 506, § 42; Laws, 1980, ch. 550, § 18; Laws, 1982, Ex Sess, ch.
17, §
22; Laws, 1993, ch. 522, § 2; Laws, 1994, ch. 591, § 4; Laws, 2004, ch. 489, § 4; Laws,
2006,
ch. 430, § 1; Laws, 2006, ch. 600, § 5, eff from and after July 1, 2006.
.
APPENDIX B
DISHWASHING PROCEDURE
The best way to wash, rinse, and disinfect dishes and eating utensils is to
use a dishwasher with a sanitizing cycle. The final sanitizing rinse of a
dishwasher must reach a temperature of 180 degrees. If a dishwasher is
not available or cannot be installed, a three-compartment sink will be
needed to wash, rinse, and disinfect dishes. A two-compartment or one-
compartment sink can be used in child care facilities (located in an
occupied residence) licensed for 12 or fewer children by adding one or
two dishpans, as needed. In addition to three compartments or dishpans,
you will need a dish rack with a drain board to allow dishes and utensils
to air dry. To wash, rinse, and disinfect dishes by hand:
• Fill one sink compartment or dishpan with hot tap water and a
dishwashing
detergent.
• Fill the second compartment or dishpan with hot tap water.
• Fill the third compartment or dishpan with hot tap water and 1-1/2
tablespoons of
liquid chlorine bleach for each gallon of water.
• Scrape dishes and utensils and dispose of excess food.
• Immerse scraped dish or utensil in first sink compartment or
dishpan and wash
• thoroughly.
• Rinse dish or utensil in second dishpan of clear water.
• Immerse dish or utensil in third dishpan of chlorinated water for at
least 1 minute.
• Place dish or utensil in a rack to air dry.
Note: Food preparation and dishwashing sinks should only be used for
these activities and should never be used for routine hand washing or
diaper changing activities.
Source: The ABCs of Safe and Healthy Child Care: A Handbook for
Child Care
Providers, Department of Health and Human Services, U.S. Public Health
Service, Centers for Disease Control and Prevention.
.