Rule 1.2. Definitions – The following words and phrases, for purposes of this Part and 18 Mississippi Administrative Code, Pt. 311, shall have the following meanings unless the context clearly otherwise requires:

a. “Child” or “children” mean(s) any unmarried person or persons under the age of eighteen (18) years.

b. “Child placing” means receiving, accepting or providing custody or care for any child under eighteen (18) years of age, temporarily or permanently, for the purpose of:

(i) Finding a person to adopt the child;

(ii) Placing the child temporarily or permanently in a home for adoption; or

(iii) Placing a child in a foster home or residential child-caring agency.

c. “Child-Placing Agency” means any entity or person which places children in foster boarding homes or foster homes for temporary care or for adoption or any other entity or person or group of persons who are engaged in providing adoption studies or foster care studies or placement services as defined by the rules of the department.

d. “Congregate Care Facility” means a licensed group home, shelter, or residential child-caring agency that houses children/youth who are in the custody of MDCPS. These facilities can be therapeutic or traditional in nature, specialized (e.g. teen maternity homes) or generic (e.g. emergency shelters).

e. “Department” means the Mississippi Department of Child Protection Services.

f. “Family boarding home” or “foster home” means a home (occupied residence) operated by any entity or person which provides residential child care to at least one (1) child but not more than six (6) children who are not related to the primary caregivers.

g. “Group care home” means any place or facility operated by any entity or person which provides residential childcare for at least seven (7) children but not more than twelve (12) children who are not related to the primary caregivers.

h. “Licensee” means any person, agency or entity licensed under this article.

i. “Maternity home” means any place or facility operated by any entity or person which receives, treats or cares for more than one (1) child or adult who is pregnant out of wedlock, either before, during or within two (2) weeks after childbirth; provided, that the licensed child-placing agencies and licensed maternity homes may use a family boarding home approved and supervised by the agency or home, as a part of their work, for as many as three (3) children or adults who are pregnant out of wedlock, and provided further, that the provisions of this definition shall not include children or women who receive maternity care in the home of a person to whom they are kin within the sixth degree of kindred computed according to civil law, nor does it apply to any maternity care provided by general or special hospitals licensed according to law and in which maternity treatment and care are part of the medical services performed and the care of children is brief and incidental.

j. “Partner Provider” means a congregate care facility or a child-placing agency that seeks to obtain, or has obtained, licensing through MDCPS. A Partner Provider who offers therapeutic services must be certified through the Mississippi Department of Mental Health.

k. “Person associated with a licensee” means an owner, director, member of the governing body, employee, provider of care and volunteer of a human services licensee.

l. “Qualified Residential Treatment Program (QRTP)” means a specific category of a non-foster family home setting, for which agencies must meet detailed assessment, case planning, documentation, judicial determination and ongoing review and permanency hearing requirements for a child to be placed in and continue to receive Title IV-E foster care maintenance payments for the placement.

m. “Residential childcare” means the provision of supervision, and/or protection, and meeting the basic needs of a child for twenty-four (24) hours per day, which may include services to children in a residential setting where care, lodging, maintenance and counseling or therapy for alcohol or controlled substance abuse or for any other emotional disorder or mental illness is provided for children, whether for compensation or not.

n. “Residential child-caring agency” means any place or facility operated by any entity or person, public or private, providing residential childcare, regardless of whether operated for profit or whether a fee is charged. Such residential child-caring agencies include, but are not limited to, maternity homes, runaway shelters, group homes that are administered by an agency, and emergency shelters that are not in private residence.

Source: Miss. Code Ann. §§ 43-26-1; 43-15-103