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Mississippi Statewide Rule

Mississippi Home Daycare Licensing State Law

Heavy RestrictionsApplies statewide across Mississippi (2026)

Key Facts

Licensing Threshold
Six or more unrelated children
Statute
Miss. Code 43-20-1 et seq.
Regulator
MS Dept of Health
Background Checks
Required
Max Civil Penalty
$5,000 per violation
Last verified: September 5, 2026Source: Justia Law

Summary

Mississippi requires state licensing through the Department of Health for any home-based child care facility serving six or more unrelated children, with mandated staff-to-child ratios, background checks, and health and safety inspections that preempt local rules.

From and after August 1, 1972, no person acting individually or jointly with another person or persons shall establish, own, operate, conduct or maintain a child care facility in this state without a license issued under this chapter.

Full Breakdown

Under Mississippi Code Sections 43-20-1 et seq. (Child Care Facilities Licensing Law), any residence caring for six or more children unrelated to the operator must obtain a Child Care Facility license from the Mississippi State Department of Health. Licensing requires criminal background checks, fingerprinting, immunization records for children, fire and sanitation inspections, CPR training, and adherence to state staff-to-child ratios. Family child care homes serving five or fewer unrelated children are exempt from licensing but must still comply with health and safety standards. The state framework establishes uniform minimum requirements; local zoning may apply but cannot override state licensing.

Violations & Penalties

Operating without a required license can result in civil penalties up to $5,000 per violation, injunctive action, and criminal misdemeanor charges under Miss. Code 43-20-21.

Frequently Asked Questions

Do I need a license for a small home daycare in Mississippi?
If you care for five or fewer unrelated children, no state license is required. Six or more triggers mandatory licensing through the Mississippi State Department of Health.
Who inspects licensed home daycares in Mississippi?
The Mississippi State Department of Health Division of Child Care Licensure conducts initial and annual inspections, including fire, sanitation, and program reviews.

Sources

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