Committee

Public Health and Human Services

Author

William Tracy Arnold

Session

2025 Session

Referred to House committee(s)

Latest Action


On January 15, HB 563 was referred to the House Public Health and Human Services Committee.

Explanation of the Bill

HB 563 exempts religious childcare facilities from childcare licensure if they operate as part of a 

local church ministry or religious nonprofit school. Religious childcare facilities that receive state or federal funds would not be exempt from licensure. 

To operate with a licensure exemption, religious childcare facilities would need to 

  • notify the Mississippi Department of Health (MSDH) at least 30 days before beginning operation,
  • undergo an initial MSDH inspection to ensure compliance with licensure exemption requirements, 
  • maintain yearly “appropriate fire and health department” inspections, 
  • provide documentation of employee background checks, insurance, and the latest inspection reports,
  • provide immunization records of children and medical history of staff upon request,
  • provide parents with educational information, 
  • publicly display a sign that the facility is not licensed or regulated, and
  • require families to sign an affidavit that they are aware of the unlicensed nature of the program. 

Under current statute, MSDH may inspect any childcare facility at any time. Typically, inspections occur at the time of licensure or licensure renewal. HB 563 would allow exempt childcare facilities to be inspected if there is “reasonable cause to believe the facility is not in compliance” with licensure exemptions or the safety of a child is at risk. If MSDH finds children are at risk, they can refer the matter to the State Fire Marshal or the local district attorney. Under the new statute, it is unclear if MSDH would have the power to close or fine a childcare facility if they found children were at risk.

The purpose of licensure is to ensure that children in a facility are in a safe and nurturing environment. Although the licensure regulations are lengthy, it is extremely risky to exempt a childcare facility from all requirements and only mandate “appropriate fire and health department” inspections. Since the health department is the licensing agency for childcare facilities, requiring “appropriate” health department inspections is too vague to determine what, precisely, the exempt centers must do, or if the facilities may operate with violations found during inspections as the language only requires an inspection. Furthermore, the language is vague as to whether children and staff must comply with current immunization requirements as the bill only requires maintenance of forms but provides no direction as to whether the health department may take action if children or staff are not immunized. A similar flaw exists with child to staff ratios. HB 563 requires only that facilities inform parents of the program’s ratios but does not require Mississippi’s ratios or another standard. This could lead to dangerous situations for children, as ratios ensure that each child has enough supervision to protect their health and welfare.


DateDetails
01/15/25On January 15, HB 563 was referred to the House Public Health and Human Services Committee.

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