Daycare guide · checked October 2026
How to start a daycare in Mississippi
In Mississippi, opening a daycare means meeting the rules of the Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch. This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The Mississippi rules were checked in October 2026.
Who needs a daycare license in Mississippi
A license is needed for any place that cares for six or more unrelated children under age 13 for any part of the day. This covers day care centers, preschools, school-age programs and summer day camps unless an exemption applies. Homes caring for five or fewer children can register voluntarily, and homes caring for 12 or fewer children in the operator's home have their own regulations.
Programs that may not need a license: Programs run inside an accredited elementary or secondary school are exempt. Accreditors include the Mississippi Department of Education, SACS, the Mississippi Private School Association, AACS, ACSI and Accelerated Christian Education. Also exempt: programs that run three weeks or less a year (such as vacation Bible school or scout day camps), care offered no more than two days a week as respite, and national membership groups such as Boys & Girls Clubs or the YMCA that charge only a nominal yearly fee ($600 or less) and meet their national standards (Miss. Code Ann. § 43-20-5).
Licensing agency: Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch
Sources: MSDH Child Care Facilities Licensure; MSDH Regulations Governing Licensure of Child Care Facilities (effective Feb. 26, 2026); MSDH Child Care Regulations and Guidelines page; MSDH How to Get a Child Care License (exemptions list)
Staff-to-child ratios in Mississippi centers
| Ages | Children per staff member | Largest group |
|---|---|---|
| 3 years | 1:14 | 28 |
| 4 years | 1:16 | 32 |
| 5 years | 1:20 | 40 |
| School-age (6-9 years) | 1:20 | 40 |
Rule: Miss. Admin. Code Title 15, Part 11, Subpart 55, Ch. 1, Rule 1.8.2 (ratios) and Rule 1.8.3 (group size); school-age group sizes repeated in Rule 1.22.3. Mississippi uses a single 5-through-9-years band (1:20, group of 40). Children aged 10-12 are 1:25 with a maximum group of 50. In a mixed-age group, the youngest child sets the ratio, and preschoolers may not be grouped with school-age children. A five-year-old counts as school-age only if they turned 5 by September 1. Rules effective February 26, 2026.
Background checks
All operators, employees and prospective employees of a licensed child care facility need a comprehensive fingerprint-based check before starting work. It covers the FBI and Mississippi criminal history, the state child abuse registry, the national and state sex offender registries, and other states when applicable. Staff can't start until MSDH issues a Letter of Suitability. The check is repeated every five years, and again after a break in service of more than 180 days. Volunteers who work 120 or more hours a year need the same check (Rule 1.5.2). The MSDH youth camp regulations do not include their own background check requirement.
Sources: MSDH child care regulations, Rule 1.5.2; MSDH Comprehensive Background Checks
Reporting child abuse
Miss. Code Ann. § 43-21-353 lists professionals, including child caregivers, school employees and ministers, and then adds 'any other person' with reasonable cause to suspect abuse or neglect, so everyone must report. The report must be made right away by phone or otherwise, with a written report following as soon as possible.
Child abuse hotline: 1-800-222-8000. In an emergency, call 911.
Sources: MDCPS Reporting Child Abuse and Neglect; MDCPS online reporting; Child Welfare Information Gateway, Mandatory Reporting of Child Abuse and Neglect (current through May 2023)
Steps to open a daycare in Mississippi
1. Choose a daycare center or a home daycare
States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.
Mississippi's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find.
2. Contact MSDH
Daycare licensing in Mississippi is handled by the Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch. Contact it before you sign a lease or buy equipment, and ask, in writing if you can:
- Which license type fits our plans, and how many children can it cover?
- Is there an orientation or pre-licensing training, and when is the next one?
- Which inspections and clearances do we need (licensing, fire, health and zoning)?
- What does it cost to apply, and how long does approval usually take?
- What do we need to do to accept families who use childcare assistance?
3. Choose a business structure
A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.
4. Find a space that can pass inspection
Check zoning before you sign a lease. Then ask the building department, the fire marshal and MSDH what the space needs, including how much indoor and outdoor space per child Mississippi requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.
5. Plan your rooms around the ratios
Mississippi's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask MSDH.
- Work out your staffing with the staff ratio calculator.
6. Hire staff and run background checks
Run the checks in Background checks for daycare staff above before anyone starts.
Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).
7. Get insured
Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.
8. Build a budget and set tuition
Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.
- Plan payments with the payment plan calculator and the sibling discount calculator.
- Give a receipt for every payment. Parents may need it for a dependent care FSA or tax credit (childcare receipt generator).
9. Add childcare assistance and the food program
Ask Mississippi's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.
10. Prepare your enrollment forms and policies
Ask MSDH which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.
Medication in Mississippi. The child's file must hold a parent's signed written authorization to give medication (Rule 1.6.7), and the facility's written procedures for storing and giving medication must be shared with parents before enrollment (Rule 1.4.1). Each dose must be logged with the date, time and the signature of the staff member who gave it (Rule 1.6.3). Staff who give medication must be able to read the directions and dispense it correctly (Rule 1.5.1).
- Registration form, medical and allergy form and authorized pickup form
- Medication administration log and allergy alert roster
- Incident and accident report, parent handbook and emergency action plan
- A safe sleep policy: babies under 12 months sleep on their backs, on a firm, flat surface, with no blankets, pillows, toys or other soft items in the crib
11. Fill your spots
Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.
12. Pass your inspections and open
For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.
Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.
What we couldn't confirm
Check these points with the state before you rely on them.
- We could not load the statute text of Miss. Code Ann. § 43-20-5 directly. The exemption list comes from MSDH's 'How to Get a Child Care License' guide.
- The child care regulations don't clearly require medication to be kept in its original labeled container. Not confirmed.
Other open points, including camps, are on the Mississippi rules page.
How BackPR helps
BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.
We researched the Mississippi rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with MSDH before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.
FAQ
Starting a daycare in Mississippi: questions
Do I need a license to start a daycare in Mississippi?
A license is needed for any place that cares for six or more unrelated children under age 13 for any part of the day. This covers day care centers, preschools, school-age programs and summer day camps unless an exemption applies. Homes caring for five or fewer children can register voluntarily, and homes caring for 12 or fewer children in the operator's home have their own regulations. Ask MSDH which license type fits your plans.
Who licenses daycares in Mississippi?
The Mississippi State Department of Health (MSDH), Child Care Facilities Licensure Branch. Its website: https://msdh.ms.gov/page/30,0,183.html
What are the daycare ratios in Mississippi?
In licensed centers (Miss. Admin. Code Title 15, Part 11, Subpart 55, Ch. 1, Rule 1.8.2 (ratios) and Rule 1.8.3 (group size); school-age group sizes repeated in Rule 1.22.3): 3 years: 1 adult for every 14 children (groups of up to 28); 4 years: 1 adult for every 16 children (groups of up to 32); 5 years: 1 adult for every 20 children (groups of up to 40); School-age (6-9 years): 1 adult for every 20 children (groups of up to 40).
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