Current through September 24, 2024
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.
