Child care providers seek clarity on proposed regulation changes ...Middle East

According to Ellis, 141 child care providers attended the virtual hearing for public comment on Dec. 9. The licensing agency set up a place to allow providers to submit written comments about the proposed revisions until Dec. 13. Ellis said the submission form was closed when she went to submit hers at 4:21 p.m. that day.

Nicole Barnes, director of child care licensure for the Health Department, acknowledged that the proposals did not have input from the Small Business Regulatory Committee or the Child Care Advisory Council. 

Ellis argued that such regulations also should’ve included an economic impact report, which is required if adhering to the proposed changes would have a net cost of over $100,000 for child care providers. Barnes explained that they did not, so no report was needed.

Barnes explained that the revisions were done to fall in line with the health and safety standards for the Child Care and Development Fund Block Grant Act. The licensing agency withdrew the proposals on Dec. 16 to give child care providers more time to comment. They plan to present revised revisions to the Board of Health in April, based on providers’ comments.

“Although the procedures set forth in the Ms. Administrative Procedures Act were followed, the MSDH Bureau of Child Care Licensure understands that they did not allow for full transparency in January. The bureau will ensure full transparency prior to presenting the proposed changes in April,” Barnes said in an email.

Ellis also challenged the existing rules on spacing requirements for facilities. None of the proposed regulations included a change to space requirements, according to the Health Department. But Ellis argues that the rule does not include room furnishings, and that it should be for 50 square feet of usable space per child, not 35.

“To properly address the needed availability of quality, affordable child care in Mississippi, the full effect of ‘usable space’ square footage requirements should be known, published and clearly understood so that developers and architects may be confident that approved plans for construction do guarantee the number of children that a new facility may serve and that the business, at the very least, has the opportunity to be viable,” she stated in an email.

Barnes disputed this claim. “MSDH Child Care Licensure does include room furnishings with usable space in the square footage calculation of a room. In measuring facilities for square footage, usable space means space measured on the inside, wall to wall dimensions,” she said.

“If furnishings are size and age appropriate, then it is considered part of the usable space.”

Biz Harris, executive director of the Mississippi Early Learning Alliance, works directly with child care providers to advocate for better early learning education. Harris works with child care providers across the state, and described their reactions to the proposed changes.

 “I think that was concerning to folks, that if felt like these huge changes were being made to the thing that is their livelihood, and they were given basically no time to review the regulatory changes or to know whether or not their feedback or thoughts would be given,” she said.

The Child Care Advisory Council’s next meeting is Feb 21, 2025. It will include a discussion about the regulation changes. 

Child care providers seek clarity on proposed regulation changes Mississippi Today.

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