Double Standard
Posted: March 30, 2014 Filed under: Child Care Advisory Council, Child Care Licensing, Child Care Mississippi, Early Learning Guidelines (ELG), Hechinger Foundation, Mississippi Health Department, Mississippi Legislature, MS Department of Health, SECAC Mississippi | Tags: Allies for Quality Care, child care licensing Mississippi, child care Mississippi, Early Learning Guidelines (ELG), Hechinger Report, Mississippi Health Department, Mississippi licensed child care, proposed amendments to the regulations governing child care, SECAC Mississippi, The Mississippi Center for Education Innovation 4 Comments
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SB 2477 PASSED as Amended
Posted: February 13, 2014 Filed under: Child Care Advisory Council, Child Care Licensing, Child Care Mississippi, Mississippi Board of Health, Mississippi Health Department, Mississippi Legislature, MS Department of Health, Uncategorized | Tags: child care licensing Mississippi, child care Mississippi, Early Learning Guidelines (ELG), Mississippi Health Department, Mississippi licensed child care, proposed amendments to the regulations governing child care Leave a commentSB 2477 PASSED as Amended
Click here to read SB 2477 Committee Substitute.
Click here to read SB 2477 as Amended and Passed.
Operation Rock the Phone for SB 2477
Posted: January 29, 2014 Filed under: Child Care Advisory Council, Child Care Licensing, Child Care Mississippi, Consumer Protection, Mississippi Board of Health, Mississippi Health Department, MS Department of Health, Uncategorized | Tags: child care licensing Mississippi, Mississippi Child Care Licensing, Mississippi Health Department, Mississippi licensed child care, SECAC Mississippi Leave a comment
Just In Time! Yes! to Senate Bill 2477
Posted: January 23, 2014 Filed under: Child Care Advisory Council, Child Care Licensing, Child Care Mississippi, Early Childhood Education Mississippi, Mississippi Board of Health, Mississippi Health Department, Mississippi Legislature, MS Department of Health, SECAC Mississippi, Uncategorized | Tags: child care licensing Mississippi, Early Childhood Education Mississippi, Early Learning Guidelines (ELG), Mississippi Health Department, Mississippi licensed child care Leave a comment
The Mississippi Child Care Licensing Bureau has demonstrated a pattern and practice of proposing and adopting National Health and Safety Performance Standards with or without full disclosure all the while imposing them on existing businesses.
Click here to review the most recent Standard 5.1.2.1: Space Required per Child.
NEWS FLASH! Call Your Senator Today!
Posted: January 22, 2014 Filed under: Administration for Children and Families, Allies for Quality Care, CCPP-approved Provider, Child Care Advisory Council, Child Care Development Fund, Child Care Licensing, Child Care Mississippi, DECCD-MDHS, e-Childcare™, Mississippi Board of Health, Mississippi Health Department, Mississippi Legislature, MS Department of Health, MS Department of Human Services, SECAC Mississippi, Suel v MDHS, Uncategorized, Xerox | Tags: Administration for Children and Families, Allies for Quality Care, CCPP-approved Provider, child care licensing Mississippi, DECCD-MDHS, e-Childcare™, Early Learning Guidelines (ELG), equal access, Hechinger Report, Mississippi CCDF State Plan, Mississippi Health Department, Mississippi licensed child care, SECAC Mississippi, The Mississippi Center for Education Innovation, Xerox Leave a comment
Click here to read full text of Senate Bill 2477.
Click here to read full text of Senate Bill 2562.
Update: Re-measurements & Reduction in Licensed Maximum Capacity
Posted: October 16, 2013 Filed under: Administration for Children and Families, CCPP-approved Provider, Child Care Advisory Council, Child Care Licensing, Child Care Mississippi, Consumer Protection, Delta Licensed Providers, Mississippi Board of Health, Mississippi Health Department, Mississippi Legislature, QRS Mississippi, Quality Rating System, SECAC, SECAC Mississippi, Uncategorized | Tags: Administration for Children and Families, Child Care Licensing, child care licensing Mississippi, child care quality rating systems Mississippi, Mississippi child care, Mississippi licensed child care, proposed amendments to the regulations governing child care, SECAC Mississippi Leave a comment
The “clarification” of the enforcement of maximum capacity of each room for all existing businesses – adopted in July 2013 by the Board of Health – was meant to “make good” an agency practice that began years ago as an internal only Child Care Licensing Bureau application .
It was and has never been a lawfully and openly adopted regulation.
In 2009, a “fine” was the only language inserted into the final adoption of the regulations for a violation of the internal application enforcing maximum capacity by room, but the “fine language” or practice applied was never disclosed in advance of the public hearings of the 2009 proposed amendments, no economic impact statement was ever provided and it was not disclosed to the Secretary of State.
It is likely some licensing officials in some counties, adhering only to written regulations, did not enforce the internal application of maximum capacity by room until just recently, and when they did, the “new application” of fines levied against long existing businesses for exceeding the maximum capacity of a room – absent violations in adult-child ratios – raised immediate questions.
Perhaps that is what triggered the recent need for Child Care Licensure Bureau staff to add to the 2013 proposed regulations what has now become an actual “new rule adoption” for the enforcement of maximum capacity by room which the Licensure staff have explained to the Council and BOH as mere “clarification only”.
The stealth adoption, which I questioned, prompted Council member Judy Prine to request additional information from providers and make a commitment to look deeper into the issue.
In the meantime, I have asked for the “maximum capacity by room clarification” to be rescinded altogether, for that is enforcement of the most stringent and costly square footage standard in the nation in a state receiving the lowest child care fees – not to mention it was not properly adopted.
I have also requested that the Council provide full disclosure of the 50 square feet per child rule (and not 35 sq. ft. as published) which has been long required in actual practice and utilized by licensure staff in the agency’s ongoing conduct of re-measuring and reducing licensed maximum capacity for existing businesses.
These matters may be taken up in old business at Friday’s Child Care Advisory Council.
Please make every effort to attend.
Child Care Facilities Licensure
Child Care Advisory Council
1:00 P.M., October 18, 2013
Waggoner Building
143B Lefleurs Square
Jackson, MS 39211
Flouting Law with Impunity?
Posted: October 1, 2013 Filed under: "Race to the Top", Administration for Children and Families, Allies for Quality Care, CCPP-approved Provider, Child Care Advisory Council, Child Care Development Fund, Child Care Licensing, Child Care Mississippi, DECCD-MDHS, Delta Licensed Providers, e-Childcare™, General, Hechinger Foundation, Kellogg Foundation, Mississippi Legislature, MS Department of Human Services, Office of the Attorney General, SECAC, SECAC Mississippi, Suel v MDHS, Uncategorized, Xerox | Tags: "Race to the Top", 2007 Market Survey Rates, Administration for Children and Families, Allies for Quality Care, CCPP-approved Provider, child care Mississippi, DECCD, DECCD-MDHS, e-Childcare™, equal access, Hechinger Report, Kellogg Foundation, Market Survey Rates, MDHS, Mississippi CCDF State Plan, Mississippi child care, Mississippi licensed child care, SECAC, SECAC Mississippi, Xerox Leave a commentFlouting Law with Impunity?
Agency Division Directors proposing Significant Amendments to a set of regulations should be required by the legislature to attend public hearings for the proposed rules adoptions and to give the rationale determining the agency’s decisions in that public forum.
The Mississippi legislature should also reinstate a Board of Directors for the Department of Human Services. Direct Board oversight would likely bring about rapid response to alleged Division incompetency and/or the flouting of law and block grant regulations with impunity.
As it stands now, there is no apparent state or federal consequence or any consequence of sufficient significance to change the alleged pattern and practice demonstrated by DECCD to defy federal Program guidance and the fair rule making process.
Some have said, regardless of whether or not CCDF Directors have served at the pleasure of Republican Governors or Democratic Governors, never before, in the history of Mississippi’s Child Care Development Fund, has there been an administration to just up and change CCDF Program policy – sometimes in mid-stream – through a careful play of words and/or personal interpretation often resulting in a new and unexpected application opposite an adopted rule’s understanding or intent.
And the safeguards in place to allow for a fair hearing on the merits of adverse application has not served as the deterrent it should because the DECCD Director, the individual most likely to be instructing “new and unexpected” adverse policy implementation, is also the Hearing Officer! 🙂
Jill Dent was appointed following the establishment of the State Early Childhood Advisory Council – the foremost public entity she identifies as responsible for approving the Proposed FFY 2014-2015 Mississippi CCDF State Plan.
At a recent meeting, however, child care providers questioned whether or not SECAC actually approved or even saw DECCD’s Proposed CCDF State Plan as initially filed with the Secretary of State and published in the Administrative Bulletin. After all, the Plan sought to adopt payment to providers through the Xerox e-Childcare™ system of payment without benefit of an Economic Impact Statement and during a time in which MDHS was restrained from doing so under Chancery Court decreed Preliminary Injunction. (Click here to review page 29 of the Administrative Bulletin.)
Child Care leadership further mocked the results and questioned SECAC’s actual acceptance of the DECCD 2013 Fair Market Rate Survey which found that without any increase in child care assistance fees whatever since BEFORE three Minimum Wage increases, coupled with the rising annual costs of doing business over almost eight years, the State’s share of payment to providers in some regions has GROWN to provide a greater percentage of the 2013 fees now charged than was provided in 2011. 🙂
At last week’s public hearings, child care leadership presented comments addressing many such concerns and raised formal objections to alleged Administrative Procedures Law violations so that further legal action, if necessary, may be taken.
Jill Dent did not attend.
A Court stenographer was present.
The public hearing facilitator concluded the meeting saying all comments would be posted to the MDHS website.
DHS withdraws demand for bond – Suel Prevails
Posted: August 28, 2013 Filed under: Allies for Quality Care, CCPP-approved Provider, Child Care Development Fund, Child Care Mississippi, DECCD-MDHS, e-Childcare™, General, Hechinger Foundation, Kellogg Foundation, Mississippi Legislature, MS Department of Human Services, SECAC, SECAC Mississippi, Suel v MDHS, Uncategorized, Xerox | Tags: Allies for Quality Care, CCPP-approved Provider, child care Mississippi, DECCD, DECCD-MDHS, e-Childcare™, equal access, Hechinger Report, Kellogg Foundation, Market Survey Rates, MDHS, Mississippi CCDF State Plan, Mississippi child care, Mississippi licensed child care, SECAC Mississippi, The Mississippi Center for Education Innovation, Xerox 1 CommentDHS withdraws demand for bond – Suel Prevails
August 16, 2013, the day after Judge Denise Owens issued Preliminary Injunction halting the implementation of the for-profit Xerox Corporation’s e-Childcare™ finger scan method of payment, MDHS attorney Doug Miracle requested an emergency hearing to request a $1,600,000.00 security bond be put up by Deloris Suel to cover the costs of damages to DHS and Xerox should it be found that the Preliminary Injunction was wrongly applied.
Although the Court was on a scheduled ten-day break, Judge Owens returned to the Court for such a hearing on August 27, 2013 in Hinds County Chancery Court.
After a brief time in Chambers, the parties emerged to enter the matter into the Court Record.
Child Care Attorney Lisa Ross had successfully argued that her client won Preliminary Injunction after a two-day trial and presentation of the evidence.
DHS withdrew its demand for a security bond.
Although Judge Owens had been using the time afforded by the Court’s scheduled ten-day break to develop her final order in Suel vs. MDHS, she offered to expedite her work to provide a final order by the end of the work week which will include clarification as to whether or not DHS may continue with its implemented phone e-Childcare™ for in-home care and the voluntary finger scan pilot program so as to prevent DHS’s stated concern for expected disruption in reimbursement payments to those affected providers.
“All Rise!” Suel vs. MDHS (videos)
Posted: August 21, 2013 Filed under: Allies for Quality Care, CCPP-approved Provider, Child Care Development Fund, Child Care Licensing, Child Care Mississippi, DECCD-MDHS, e-Childcare™, General, Hechinger Foundation, Kellogg Foundation, Mississippi Legislature, MS Department of Human Services, SECAC, SECAC Mississippi, Suel v MDHS, Uncategorized, Xerox | Tags: 2007 Market Survey Rates, Administration for Children and Families, Allies for Quality Care, biometrics, CCPP-approved Provider, Child Care Licensing, child care licensing Mississippi, child care Mississippi, DECCD, DECCD-MDHS, Disparate impact, e-Childcare™, equal access, Hechinger Report, Kellogg Foundation, Market Survey Rates, MDHS, Mississippi CCDF State Plan, Mississippi licensed child care, Privitized Welfare, SECAC, SECAC Mississippi, systematic discrimination, The Mississippi Center for Education Innovation, Tracking of Time and Attendance, Xerox Leave a comment“All Rise!” Suel vs. MDHS (videos)
At approximately 5:00 PM, August 15, 2013, State Court Judge Denise Owens issued Preliminary Injunction halting the implementation of the for-profit XEROX Corporation’s e-Childcare™ finger scan method of payment to providers.
In a final interview held at the Court House following the decision, the plaintiff was asked to share how she felt emotionally.
She responded:
“I feel as though I have been released from bondage.”
Deloris Suel
Delta Providers received permission to film both days of Suel vs. MDHS in order to allow those of you who could not travel to Jackson to now “attend” Hinds County Chancery Court in the comfort of your own homes or centers.
After viewing, please consider giving $10 or $25 or what ever you can afford to give this week to the Child Care Legal Fund. You may make your deposits to: MFCF Keep Mississippi Working at any Regions Bank! (Our attorney is outstanding as you will see and needs to be paid for past and any future work!)
“How Are They Screwing the Taxpayers?”
Paul Gallo questions MDHS Executive Director Ricky Berry
To set the tone, I have provided an August 8, 2013, video of MDHS Executive Director Ricky Berry in a talk radio interview with Paul Gallo on Supertalk Mississippi. It is important to hear the accusations of fraud used, perhaps, to inflame racial bias in order to build public support for e-Childcare™ in Mississippi. Also note the misinformation he spills on the number of licensed and non-licensed providers accepting low-income children and on two separate e-Childcare™ law suits. (The state has 1,650 licensed child care centers. The U.S. Department of Health and Human Services in 2011 showed more than 1,300 state centers accepting child care assistance certificates of payment.)
Please note at minute mark (2:55), Ricky Berry revealed the true way DECCD would see a savings– by paying providers for actual attendance from the time a child is checked in only up to the time the child is checked out each day and NOT full day fees for full-time slots as we receive now.
Compare that to Part One, August 15, 2013, at minute mark (20:56) where Jill Dent claims she will continue to pay full-time rates for full-time slots even if a child is in attendance for only one minute on any given day and after already acknowledging the use of Louisiana’s methodology for determining “savings” projections for Mississippi. (Louisiana pays in hours and minutes for actual attendance. That IS the XEROX Solution!)
So. who do you believe?
Review the videos below.
I am so proud of each and every provider who stayed together without submitting the Monkey Survey to MDHS or committing to e-Childcare™ against your wishes.
I am proud of those who did submit the Monkey Survey but were planning to opt out pending the Court decision!
Let me hear your thoughts on Judge Owen’s decision.
Delta Licensed Providers 
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