15 MAC Pt. 11, R. 2.5.2
Criminal Record (Fingerprinting), Child Abuse Central Registry Checks,
Cite as 15 Miss. Admin. Code Pt. 11, R. 2.5.2
Criminal Record (Fingerprinting), Child Abuse Central Registry Checks,
and Sex Offender Records Checks: 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 submission 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 timesheet 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.