Licensing a child care family home in Mississippi (5 or fewer children)

Health Department licensing, and where the five-child line sits

Mississippi licenses child care through the State Department of Health, not through a social services agency. Family homes are licensed by MSDH’s Bureau of Child Care Facilities Licensure under the Mississippi Child Care Licensing Law, Miss. Code Ann. 43-20-1 et seq.⁠⁸⁠¹ The Department of Human Services (MDHS) comes in only if you want to serve families who receive Child Care Payment Program (CCPP) subsidy, and it requires an MSDH license first.⁠⁶

The rule chapter for your business is Title 15, Part 11, Subpart 55, Chapter 3, Regulations Governing Licensure of Child Care Family Homes for 5 or Fewer Children.⁠¹ It defines a Child Care Family Home as care in the caregiver’s own residence for “not more than five children from birth through 13 years.” That includes after-school care for elementary students, and “the total number of children in care at any given time, including the children related to the caregiver, must not exceed five.”⁠¹ If you have two children of your own at home during care hours, you can enroll three.

Scroll the table sideways to see every column.

The 12-or-fewer regulations also set a minimum of 35 square feet of usable indoor space per child.⁠³ Chapter 3 has no square-footage rule for family homes. If you plan to grow past five children, see the Mississippi child care facility license guide.

Does a private-pay home with five or fewer children need this license?

The sources don’t agree on this, so check with MSDH before you rely on either reading.

• Statute and MSDH’s intake page. State law defines a licensable “child care facility” as a place caring for six or more children under 13 who are not related to the operator within the third degree.⁠³ MSDH’s application page says the same: “A license is required if you care for six or more children who are less than thirteen years of age… who are not related to you (children, grandchildren, great-grandchildren, brothers/sisters, nieces/nephews).”⁠²
• Chapter 3 itself. Chapter 3 says a family home “may not operate without meeting the minimum standards set forth in these regulations.”⁠¹ Under Rule 3.20.8, operating a child care family home without a license is a misdemeanor, punishable by a fine of up to $100 for the first offense and up to $200 for each later offense.⁠¹
• Subsidy. The CCPP manual (effective December 2025) says a family provider caring for five or fewer children “must be licensed by the MSDH Bureau of Child Care Licensure.” Parents using vouchers can choose only among licensed center, licensed family and licensed in-home care.⁠⁶

The subsidy rule is clear: you need the license to take CCPP children. For a home that takes only private-pay children, the sources on file do not say whether MSDH requires a Child Care Family Home license when fewer than six unrelated children are in care. The statutory definition starts at six unrelated children, yet Chapter 3 says a family home may not operate without meeting its standards. Ask the licensure office at (601) 364-2827 which rule applies to your household and get the answer in writing.⁠²

The two counting rules also differ. Chapter 3 counts every child in the home, including your relatives, against the five-child cap.⁠¹ The statutory definition counts only children who are not related to you.⁠³ CCPP’s family-provider definition also covers children under 19 with special needs.⁠⁶

The director standard and who else can work in the home

Chapter 3 requires that, during all hours of operation, someone be present who has administrative responsibility and “shall meet the minimum qualifications of a director.”⁠¹ In most one-person homes, that person is you.

• Director: at least 21, with a high school diploma or GED and two years of documented experience caring for children under 13.⁠¹
• Caregiver: at least 18, with one year of documented experience with children under 13.⁠¹
• Caregiver assistant: at least 16. An assistant must always work under a director or caregiver on site, cannot be the only caregiver for a group, and cannot discipline children if under 18.⁠¹

MSDH may accept other education credits or degrees in place of these requirements, at its sole discretion, if you submit documentation.⁠¹ If MSDH questions whether someone is physically able to do the job, that person may be asked to show they can get the children out during a fire drill in under two minutes. If the home gives medication, they may also have to show they can read and follow medication directions.⁠¹

Background checks reach your household

The comprehensive check is fingerprint-based. It covers the FBI national file, the Mississippi criminal history file, the state child abuse registry, the national and state sex offender registries, and an interstate check where one applies.⁠¹ It covers:

• every operator, employee and prospective employee⁠¹
• every person 18 or older who lives in the home⁠¹
• any paid employee under 18⁠¹

No one can start work until the MSDH Criminal Records Check Unit issues a Letter of Suitability.⁠¹ The check must be repeated every five years. Anyone who has been out of child care work for more than 180 consecutive days needs a new check before returning.⁠¹ You monitor each person’s suitability status through the MSDH website.⁠¹ Under the 12-or-fewer rules, the fingerprinting fee is $50 per card (as published on 2026-10-12).⁠³ Chapter 3 does not list a fingerprint fee.

Training you must finish before the license

Before MSDH issues a new license, every owner and director must complete two mandatory courses: the Chapter 3 regulations course and Health and Safety.⁠¹ A director appointed after licensure has three months to complete them. Other staff must complete Health and Safety within 90 days of hire. Everyone repeats Health and Safety every two years.⁠¹ The course covers 12 topics set by the rule, including:

• safe sleep and SIDS prevention
• giving medication
• food allergies
• shaken baby syndrome
• emergency preparedness
• recognizing and reporting abuse
• child development⁠¹

After that, each employee needs five contact hours of MSDH-approved staff development every licensure year.⁠¹ MSDH’s child care staff teach the mandatory courses and state that “the agency offers all staff development training to providers at no cost.”⁠⁵

Infant, child and adult first aid and CPR must be held by someone present at every location where children are, during all hours including drop-off and pick-up. Online-only courses are not accepted, whether you are getting certified for the first time or renewing. The training must be “face-to-face and hands on.”⁠¹

Getting the house approved

The fire inspection comes first. Your local fire department inspects the home and signs MSDH Form #333 (or another approved form plus any city or county fire forms). Where no fire department exists, the State Fire Marshal certifies the inspection.⁠¹⁠⁷ The signed form goes to MSDH with your application and fees.⁠¹

The building rules in Rule 3.11 that most often require changes to a house:⁠¹

• Lower-level areas only. Children may use only approved lower-level areas of the home. The caregiver must stay on the same floor as the children.⁠¹
• Separated from any other business. No one from another business may pass through the child care space.⁠¹
• Glass. Glass in doors, windows and mirrors needs a protective barrier 4 feet high unless it is safety-grade glass or polymer, with the installer’s certification kept on file. Glass doors and windows also need a vision strip at 36 inches.⁠¹
• Heat and water. Indoor temperature must stay between 65 and 78°F. Portable open-flame, kerosene and gas-stove heating is banned. Hot water at sinks may not exceed 120°F. Water must come from a public system or a private system MSDH has approved.⁠¹
• Safety equipment. You need two communication devices, one of them a telephone. Fire extinguishers must be serviced every year. If you have nonelectric heating, cooking or water heating, you need carbon monoxide monitors.⁠¹
• Sick child space. You need a separate space where an ill or injured child can wait for a parent.⁠¹
• Outdoors. Barriers against traffic must be approved by MSDH. You also need anchored equipment, shade, protective surfacing under climbing and swinging equipment, and no unprotected pools or ditches.⁠¹
• Household rules. No smoking, tobacco, alcohol or illegal drugs in the home or on the grounds. Firearms must have trigger locks and be kept in a locked room out of children’s sight.⁠¹

Pets must be healthy, and dogs and cats must be vaccinated against diseases people can catch and kept on flea, tick and worm control. You need written pet-care procedures.⁠¹ If children swim or play in water, someone with a Red Cross lifeguard certificate or an equivalent must be present, and that person does not count toward the ratio.⁠¹

The application packet, in order

MSDH accepts applications electronically, and fees are paid online and are non-refundable.⁠¹ Its intake page links an online application and recommends calling the licensure office at (601) 364-2827 for help with the steps.⁠² The page is written for facilities and does not say whether family-home applicants use the same online form, so ask the licensure office which application to file.

1. Talk to a licensing inspector before committing to a property. MSDH’s guidance is not to sign a lease or buy a building for child care until an inspector has made an initial visit.⁠² This matters most if you plan to rent a home for the business.
2. Get local and environmental approvals. You need zoning approval under local rules, wastewater disposal approval, approval of your drinking water source, and lead testing approval for the playground. Lead testing for the building is required when high lead levels are found.⁠¹
3. Complete the fire inspection on Form #333.⁠¹⁠⁷
4. Clear your people. You need a Letter of Suitability for every employee who will start on opening day. Each employee also needs an MSDH Certificate of Immunization (Form #121) or a Medical Exemption (Form #122). The religious exemption does not apply to staff.⁠¹
5. Document the director and training. You need proof of a qualified director, CPR and first aid cards for whoever will be present during operating hours, and proof that the owner and director finished the two mandatory courses.⁠¹
6. Write the required policies. You need:
   • a daily schedule
   • arrival and departure procedures
   • a discipline policy
   • an emergency policy covering evacuation, relocation, shelter-in-place, lockdown, reunification with families, continuity of operations, and infants and children with disabilities or chronic conditions
   • a transportation policy, or a statement in your parent handbook that you don’t transport children
   • an emergency transportation policy, which is “required even if the provider does not plan to transport children”⁠¹
7. Name three emergency relocation sites. One must be at least 1 mile from the home, one at least 5 miles away, and the third is a backup in case the other two are unavailable.⁠¹
8. Submit the insurance statements. You must say in writing whether you do or do not carry accident/liability insurance for the business, and whether you do or do not carry it for enrolled children. The rule requires the statement either way. If you transport children, you need proof of vehicle insurance.⁠¹
9. Pay and pass the inspection. You pay the $130 application fee and $50 license fee, and MSDH inspects the home before issuing the license.⁠¹

Once everything is approved, MSDH issues a temporary license. It shows your licensed capacity and lets you operate for six months while MSDH works toward a regular license.⁠¹ MSDH’s intake page says it “can take up to 90 days to obtain a license once an application is submitted and the application fee paid.”⁠²

Ratio, supervision and daily operation

Under Rule 3.8, the ratio is five children to one staff member, and the maximum group size is five.⁠¹ Staff may not use phones or other devices that take their attention off the children, and must be outside with children whenever they are outdoors.⁠¹

You must post four items: your MSDH license, the daily activity schedule, your evacuation route, and the MSDH complaint form. The license and complaint notice must be posted side by side where everyone who enters can see them.⁠¹ You must run fire and tornado drills every month and other disaster drills every six months, and keep 12 months of drill records on site.⁠¹

Infants must sleep on their backs unless a physician’s written order says otherwise. Swaddling clothing and swaddling blankets are banned.⁠¹ If a child needs medical care, is lost, is involved in a transportation incident, or is given the wrong medication, you must notify MSDH and the parents immediately and send a written report within two days.⁠¹

Renewal, changes and enforcement

Licenses run for one year. MSDH emails a renewal notice to the operator. You must file the renewal application, documents and fee at least 30 days before your license expires, or pay a $25 late fee. You file and pay online through healthyms.com.⁠¹ If you miss the expiration date, the license lapses. MSDH may reinstate it if you apply within one month and pay both the renewal fee and the reinstatement fee. After that month you must start over with an initial application under whatever rules are then in effect.⁠¹ Chapter 3 does not state the family-home reinstatement fee; the 12-or-fewer rules list $260 for their tier,⁠³ so ask MSDH what applies to you.

MSDH inspects before every renewal.⁠¹ Under the CCPP manual, MSDH also makes annual unannounced inspections of licensed family providers.⁠⁶ Your license applies only to the operator and address named on it. Any change of majority ownership, including gifts, leases and stock deals, requires a new license.⁠¹ You need MSDH approval before you change:

• the operator, director or location
• your hours
• renovations or the use of rooms
• the number or ages of children⁠¹

You must also notify MSDH of any loss of electricity, heat, air conditioning or water lasting more than an hour while children are present.⁠¹

MSDH can issue a probational license of up to six months with a written corrective action plan, or a restricted license with conditions. Breaking a restriction triggers immediate emergency suspension.⁠¹ Any violation can bring a monetary penalty. You can request a district-level hearing in writing within ten calendar days of the penalty notice, and appeal that decision to the state level within ten days of receiving it.⁠¹

Child Care Payment Program enrollment

Subsidized families pay through MDHS’s Child Care Payment Program. MDHS requires a current MSDH license before it will approve you as a provider.⁠⁶ After you are licensed, the CCPP manual (effective December 2025) requires:

• the e-Ledger training webinar for the owner or director
• Health and Safety training for the director and all staff
• background checks
• registration in ELEVATE, Mississippi’s quality support system, with an Educational Interaction badge earned within 12 months of enrollment and renewed every two years⁠⁶

You also submit a W-9, an IRS letter showing your EIN, a signed Provider Statement of Agreement, and your parent handbook.⁠⁶ If staff miss the 90-day Health and Safety deadline, MDHS suspends payments until they finish or a corrective action plan is in place.⁠⁶

CCPP’s kinship rule matters for home providers. You cannot be paid to care for your own child who receives CCPP. Grandparents, aunts, uncles and other more distant relatives can be approved as paid providers if they meet every other requirement.⁠⁶

What changed and what to watch

MSDH’s regulations page lists the center rules as effective February 26, 2026, and the 12-or-fewer home rules as effective February 12, 2022. It gives no effective date for Chapter 3.⁠⁴ The 12-or-fewer rules list a $100 application fee in one section and $130 in the fee schedule, so check the amount with MSDH before paying under those rules.⁠³ The CCPP manual took effect in December 2025, and its family-provider rule requires licensure for homes with five or fewer children.⁠⁶ Whether a private-pay home with fewer than six unrelated children must be licensed is not settled in the sources, so ask MSDH before you open.

Sources

1. 1
   Mississippi State Department of Health, Title 15, Part 11, Subpart 55, Chapter 3: Regulations Governing Licensure of Child Care Family Homes for 5 or Fewer Children Checked 12 Oct 2026 · Back to text ↑
2. 2
   Mississippi State Department of Health, New Child Care Facility License Application: Start Here Checked 12 Oct 2026 · Back to text ↑
3. 3
   Mississippi State Department of Health, Regulations Governing Licensure of Child Care Facilities for 12 or Fewer Children in the Operator's Home (effective February 12, 2022) Checked 12 Oct 2026 · Back to text ↑
4. 4
   Mississippi State Department of Health, Child Care Facilities Regulations and Guidelines Checked 12 Oct 2026 · Back to text ↑
5. 5
   Mississippi State Department of Health, Child Care Facilities Licensure Checked 12 Oct 2026 · Back to text ↑
6. 6
   Mississippi Department of Human Services, Division of Early Childhood Care and Development, Mississippi Child Care Payment Program (CCPP) Policy Manual (effective December 2025) Checked 12 Oct 2026 · Back to text ↑
7. 7
   Mississippi State Department of Health, Fire Safety Inspection (Form 333) Checked 12 Oct 2026 · Back to text ↑
8. 8
   Mississippi State Department of Health, Child Care Facility Laws Checked 12 Oct 2026 · Back to text ↑

Was this information accurate? Report an errorPrint or save as PDF