18 MAC Pt. 310, R. 2.7
Partner Provider Governing Body – The governing body of each Partner Provider
Cite as 18 Miss. Admin. Code Pt. 310, R. 2.7
Partner Provider Governing Body – The governing body of each Partner Provider
must adhere to the following:
1. Conflicts of Interest
a. The members of the governing body of non-profit organizations must
refrain from direct administration or operation of the facility.
b. No employee of any public agency which regulates or purchases the
services of a private Partner Provider or member of their immediate
family may serve as a member of the Partner Provider’s governing
body.
c. The members of the governing body of non-profit organizations must
have no direct or indirect financial interest in the assets, leases,
business transactions or in current professional services of the Partner
Provider.
2. Personnel
a. The governing body must establish and utilize personnel practices for
selection and retention of sufficient staff to operate the facility.
b. The governing body must ensure the employment of a qualified
executive director and delegate responsibility to that person for the
administration and operation of the Partner Provider.
3. Administration
a. The governing body must develop and follow policies for selection
criteria of all members.
b. The governing body should meet as often as necessary with a
minimum of two meetings a year. A quorum of its members must be
present at all meetings. The quorum necessary to hold meetings
should be defined in the by-laws but must be at least a majority of
members of the governing body.
c. The governing body must establish and utilize policies and
procedures for periodic evaluation of each of the Partner Provider’s
facilities and Partner Provider’s services.
d. The governing body or its designee must obtain an amended license
from MDCPS prior to:
i. Establishing a new childcare Partner Provider;
ii. Changing the purpose, goals or function of the basic program;
or
iii. Extending services into additional program or geographic
areas.
e. The governing body must ensure the establishment of written
operating policies including, but not limited to:
i. Organizational structure;
ii. Administration of the organization;
iii. Personnel practices;
iv. Intake;
v. Discharge;
vi. Provision of services; and
vii. Behavior management practices.
viii. The governing body must approve the annual budget of
anticipated income and expenditures necessary to provide the
services described in its statement of purpose. The governing
body must also approve the annual financial audit report to
ensure that the Partner Provider is adequately funded and
fiscally sound by reviewing and approving the Partner
Provider’s annual budget or cost report.
4. Records
a. The governing body must maintain records in accordance with the
Mississippi Secretary of State Non-Profit requirements:
i. Articles of Incorporation or other legal basis for existence;
ii. By-laws;
iii. Organizational structure;
iv. Name and position of person(s) authorized to sign agreements
and submit official documents;
v. Board composition, including terms of membership;
vi. Purchase of service agreements and insurance coverage;
vii. Copies of investigation findings received from the office of
the Director of the MDCPS Congregate Care Unit; and
viii. Copies of any Corrective Action Plans created as a result of
investigation findings or licensure deficiency.
b. The governing body must maintain records of attendance and
minutes of its meetings for five (5) years, which must be made
available to MDCPS upon request.
c. The governing body must retain a copy of all financial records and
ledgers for a minimum of five (5) years, which must be made
available to MDCPS upon request.
d. The governing body must retain copies of all applicable accreditation
and certification documents, which must be made available to
MDCPS upon request.