Mississippi Administrative Code
Title 18 - HUMAN SERVICES
Part 7 - Division of Family & Children Services Licensing Requirements
Chapter 1 - Licensing Requirements Manual for Residential Child Caring and Child Placing Agencies
Section 18-7-1-II - ADMINISTRATION AND ORGANIZATION
Universal Citation: MS Code of Rules 18-7-1-II
Current through September 24, 2024
A. Statement of Purpose:
The agency shall have a written statement of its philosophy, purpose, and program. The statement shall contain a description of all the services the agency provides or expects to provide and the methods of service delivery. The agency shall also provide a description of the geographical area it serves or intends to serve. This statement shall be available to the Department, referral sources and other interested persons.
1. General Requirements:
a. An agency shall allow representatives of the Department to inspect all aspects of a program's functioning that impact children and to interview any staff member or child. The Department's representatives shall be admitted immediately and without delay and shall be given free access to all areas of a facility, including grounds. If any area of a facility is set aside for private use by the facility's owner, the Department's representatives shall be permitted to verify that no children are present in that area and that the area is inaccessible to children. Any area in which children have or have had access to is presumed to be part of the facility and not the private area of the owner/operator.
b. An agency accepting a child who lives in another state shall show proof of compliance with the Interstate Compact on Juveniles or the Interstate Compact on the Placement of Children before admitting said child.
c. An agency shall have an office and staff located within the state. The office shall provide adequate space for services. The agency shall also provide a room which offers privacy as a meeting place for adults and children to visit, and/or prepare for adoptive or foster care placement.
d. The agency shall have access to, shall follow practice guidelines and shall assist the Department in meeting all requirements contained in MDHS/DFCS policies as appropriate to the services provided by the agency.
B. Governing Body:
Any child care agency accepting referrals from the Department shall be licensed by the Department as being in compliance with all laws and regulations pertaining to non-discrimination (Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans With Disabilities Act of 1990).
1. The agency shall have a governing body which exercises authority over and has responsibility for the operation, policy, and practices of the agency.
2. The governing body shall be:
a. A board of directors in the case of a non-profit organization
b. Commissioners or appointed officials of a governmental unit, or
c. A board of directors or individual owner(s) of a for-profit organization.
3. The agency shall have a governing body compromised of members in good standing in the community.
C. Responsibilities of the Governing Body:
1. The governing body shall assure the employment of a qualified executive director and delegate responsibility to that person for the administration and operation of the agency.
2. The governing body shall evaluate the executive director's performance annually.
3. The governing body shall maintain an administrative file which shall contain the following information and documents: incorporation; by-laws or other legal basis for existence; organizational structure; name and position of person(s) authorized to sign agreements and submit official documents; board of director's composition, including terms of membership; purchase of service agreements and insurance coverage.
4. The governing body shall approve the annual budget of anticipated income and expenditures necessary to provide the services described in its statement of purpose. The governing body shall also approve the annual financial audit report to ensure that the provider is adequately funded and fiscally sound by reviewing and approving the provider's annual budget or cost report.
5. The governing body shall establish and utilize personnel practices for selection and retention of sufficient staff to operate the facility.
6. The governing body shall establish and utilize policies and procedures for periodic evaluation of the facility's or agency's services.
7. The governing body shall meet as often as necessary with a minimum of two meetings a year. A quorum of its members shall be present at all meetings.
8. The governing body shall maintain records of attendance and minutes of its meetings for 5 years. These records and minutes shall be available for inspection by the Department.
9. The governing body shall develop and follow policies for selection criteria of all members. (No employee of any public agency which regulates or purchases the services of a private agency or member of his/her immediate family shall be a member of the agency's governing body).
10. In the event of the closing of the agency, the agency shall develop a plan for the long- term storage of children's records. The closed records shall be kept up to a minimum of seven (7) years upon closing of the case. Adoption files should remain permanently.
11. The members of the governing body of non-profit organizations shall have no direct or indirect financial interest in the assets, leases, business transactions or in current professional services of the agency.
12. The members of the governing body of non-profit organizations shall refrain from direct administration or operation of the facility.
13. The board or its designee shall consult with the Department prior to establishing a new child care agency, changing the purpose, goals or function of the basic program, or extending services into additional program or geographic areas.
14. The board shall notify the Department when there is a change of the executive and/or chief officer of the board.
15. The board shall ensure the establishment of written operating policies including, but not limited to organizational structure, administration, personnel practices, intake, discharge, services, and behavior management practices.
D. Organizational Table:
The agency shall maintain a current organizational table showing the administrative structure and staffing, including the lines of authority.
E. Finances:
1. The governing body, with the executive director, shall be responsible for the safety and judicious use of the funds of the facility or agency.
2. The agency shall have the capital necessary for a six-month (6) period of operation. These funds shall not be direct state funds.
3. The agency shall prepare a written budget annually, which includes twenty-five percent (25%) of the budget revenue in the agency name.
4. The agency shall have financial records audited annually by an independent certified public accountant or by the appropriate government auditing authority.
5. The governing body shall retain a copy of all financial records and ledgers for a minimum of five (5) years. This information should be available to the Department upon request.
6. Fees:
a. If fees are charged, the agency shall have written policy on fees for services in keeping with the usual charges for similar services in the community/area.
b. The fee policy shall describe the relationship between fees and services provided and the conditions under which fees are charged and/or waived.
F. Required Notification to the Licensing Unit:
1. The agency shall report all significant events and changes to the Department.
The following changes shall be reported before they take place:
a. A change in ownership and/or sponsorship
b. A change in location
c. A change in the name of the agency
d. Any change in the structure of the living units of the facility
e. A change in capacity, services, population served or geographic area served.
2. The agency shall promptly notify the Licensing Unit in the event of the death, abuse, severe accident, illness, hospitalization, runaway, kidnapping, suicide attempts, injury, neglect, exploitation or emergency medical attention of a child in care. In addition, the agency shall call Mississippi Centralized Intake at 1-800-222-8000 or make a report online at www.msabusehotline.com [File Link Not Available].
An agency shall have written procedures for the reporting and documentation of any of the above, including any written reports or notification in the child's file, written notification to the Licensure Unit and child's worker within 24 hours of occurrence.
3. In case of fire or natural disaster at the facility, the agency shall have written procedures for evacuation of the facility. The agency shall notify the Department, by any means of communication possible, as soon as possible, but no later than twenty-four (24) hours, particularly if children are moved to another location.
4. The agency shall provide written notification to the Department within ten (10) calendar days of occurrence of the following:
a. A change in the executive director and/or program director
b. If the agency is unable to maintain approval of its health, building or fire inspection certificates, the agency shall notify the Department. A Corrective Action Plan must be submitted within ten (10) calendar days.
c. Major remodeling, structure or maintenance changes
d. Change in fees or charges for services
5. All agencies requesting licensure change shall submit a request in writing.
6. Child placing agencies shall submit a demographic sheet to the Licensure Unit on all approved and/or closed resource homes within seven (7) days. Upon closing a home a reason for closure must be indicated.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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