How to Start a Daycare in Mississippi (2026)

Last updated: February 25, 2026

Mississippi childcare facilities are licensed by the Mississippi State Department of Health (MSDH) Child Care Facilities Licensure Branch. A license is required for any person or entity caring for 6 or more unrelated children under age 13. The application fee is $130 (non-refundable), and annual license fees range from $97.50 to $520 depending on your licensed capacity. Every staff member must pass a five-component background check before working with children – a process that costs more than the $50 MSDH processing fee due to additional state and federal fingerprint charges. Directors must meet one of five qualification pathways and must be at least 21 years old. All staff complete 15 clock hours of approved childcare training per year. MSDH conducts a minimum of two unannounced inspections per year after licensing. If you are planning a facility, do not sign a lease before completing a pre-application MSDH building inspection – the application fees are non-refundable and many buildings fail compliance.

Mississippi Childcare Licensing Requirements at a Glance

Requirement	Agency	Cost	Timeline
LLC Formation	Mississippi Secretary of State	$50 (online)	3-5 business days
License Application Fee	MSDH Child Care Licensure	$130 (nonrefundable)	Paid at application submission
Annual License Fee (12 or fewer children)	MSDH	$97.50/year	Paid at application; renewed annually
Annual License Fee (13-30 children)	MSDH	$195/year	Paid at application; renewed annually
Annual License Fee (31-50 children)	MSDH	$260/year	Paid at application; renewed annually
Annual License Fee (51-100 children)	MSDH	$390/year	Paid at application; renewed annually
Annual License Fee (101-150 children)	MSDH	$455/year	Paid at application; renewed annually
Annual License Fee (151+ children)	MSDH	$520/year	Paid at application; renewed annually
Background Check (MSDH processing fee)	MSDH	$50/person	Before employment; plus state/federal fingerprint fees
Fire Inspection (MSDH Form #333)	Local Fire Marshal	Varies	Required before licensure
General Liability Insurance	Private Carrier	~$2,000-$5,000/year	Before opening; min. $200,000/occurrence (Demarion’s Law)
Workers’ Compensation Insurance	Private Carrier	Varies	Required at 5+ employees

How to Start a Daycare in Mississippi (Step by Step)

Step 1: Study the Regulations and Understand What Requires a License

The MSDH Child Care Facilities Licensure Branch is the sole licensing authority for childcare in Mississippi. Study the current regulations before investing any money in a facility.

Who must be licensed: Any person or entity caring for 6 or more unrelated children under age 13 for any portion of the day or night. Programs serving children under age 3 must always be licensed regardless of size.

Who is generally exempt:

• Caring for 5 or fewer unrelated children in a home setting
• Programs operating 2 days per week or fewer
• Programs operating 3 weeks per year or less
• School-affiliated pre-K and Head Start programs (except when serving children under age 3)

Contact MSDH Child Care Licensure: (601) 364-2827 | Complaint hotline: 1-866-489-8734
Website: msdh.ms.gov/page/30,0,183.html

CRITICAL WARNING from MSDH: Do not sign a lease or purchase a building until after a pre-application MSDH building inspection is completed. Application fees are non-refundable, and many buildings fail to meet childcare facility requirements. Contact MSDH for a pre-application inspection before committing to any location.

Step 2: Secure Zoning Approval and a Compliant Facility

Mississippi does not set zoning rules at the state level – zoning is a local government matter. MSDH requires proof of zoning approval as part of your application, so this step cannot be bypassed.

• Contact the city or county planning/zoning department in your municipality before signing any agreement
• Ask specifically whether childcare in your proposed zone requires a special or conditional use permit
• Jackson, Gulfport, Hattiesburg, Biloxi, and Southaven each have different zoning codes
• Get your zoning approval in writing – it must be submitted with your MSDH application

Physical space requirements:

Age Group	Required Indoor Space per Child
Infants (under 12 months)	40 square feet
Toddlers (12 to 24 months)	45 square feet
All other children	35 square feet

• Outdoor/playground: minimum 75 square feet per child in licensed outdoor play area; must be fully fenced and well-drained
• Space must be on the ground floor
• Two remote exits required, each opening outward, neither passing through a kitchen
• One toilet and one lavatory per every 15 children
• All diaper-changing areas require a lavatory with hot and cold running water
• Kitchen: 90 to 300 square feet, with handwashing lavatory and three-compartment sink
• Lead testing required for any building constructed before 1965

Step 3: Form Your Business Entity

File a Certificate of Formation with the Mississippi Secretary of State online portal ($50, approximately 3-5 business days). Apply for a free federal EIN at IRS.gov. Mississippi LLCs file a free annual report each April 15.

Step 4: Complete Background Checks for All Staff

Every operator, employee, and prospective employee must complete a five-component background check before working with children. No exceptions.

Check	Covers
FBI national criminal history check	National fingerprint database
Mississippi State criminal history check	Mississippi fingerprint records
Mississippi Child Abuse Central Registry	Abuse/neglect history
NCIC National Sex Offender Registry (NSOR)	National sex offender records
Mississippi State Sex Offender Registry	Mississippi sex offender records

Fees: MSDH charges a $50 processing fee per applicant. Additional charges for state and federal fingerprint processing are billed separately – budget more than $50 per employee total. All checks are processed through the Mississippi Criminal Information Center.

Background checks are processed through the MSDH portal: ms.gov/msdh/background_check

Step 5: Meet Director Qualifications and Complete Pre-Licensure Training

Director Minimum Requirements

The facility director must be at least 21 years old and meet one of the following qualification pathways:

Pathway	Requirements
1	Bachelor’s degree in early childhood education, child development, elementary education, or closely related field
2	Two-year associate degree in child development technology requiring minimum 480 supervised practical hours in a college-operated lab
3	Two-year associate degree in child development, plus 2 years of paid experience in a licensed childcare facility
4	Two years of paid caregiver experience in a licensed facility, plus ONE of: (a) CDA credential from CECPR, (b) Mississippi MDHS Child Care Director Credential, or (c) 24 semester hours (grade C or better) in early childhood education from an accredited college
5	Director certified by the state licensing agency before January 1, 2000 (grandfathered status)

Required Pre-Licensure Training (Director)

• Child care regulations training
• Director orientation
• Playground safety training

Ongoing Training – All Staff

All staff (including directors) must complete 15 clock hours of approved childcare training per year. Valid content areas include child development, guidance and discipline, nutrition, health and safety, program planning, and family/community partnerships.

Non-director staff baseline: Minimum age 18; high school diploma or GED, OR a CDA credential, OR 3 years of prior paid experience caring for children under age 13.

Step 6: Submit Your MSDH Application

Apply online through msdh.ms.gov.

Fees paid at submission:

• $130 nonrefundable application fee
• Capacity-based annual license fee (see table below)

Licensed Capacity	Annual License Fee
12 or fewer children	$97.50
13 to 30 children	$195.00
31 to 50 children	$260.00
51 to 100 children	$390.00
101 to 150 children	$455.00
151 or more children	$520.00

Late renewal penalty: $25 if renewal is submitted less than 30 days before expiration. Reinstatement fee: $260.

Required documentation to submit:

• Director qualification verification (diplomas, transcripts, or credential documents)
• Criminal history and immunization forms for all employees
• Completed MSDH Fire Inspection Form #333 (signed by local fire marshal)
• Facility floor plan drawn to scale
• Pre-licensure training completion certificates (director)
• Zoning approval documentation from local government

Step 7: Pass Inspection and Receive Your License

MSDH staff conducts an on-site facility inspection after receiving your application. Allow up to 90 days or longer from application submission before receiving a licensing decision.

The first license issued is a Temporary License valid for 6 months. Achieving full compliance during that period converts it to a Regular License valid for one year. Licenses renew annually. MSDH sends email reminders at 90, 60, and 30 days before expiration.

Step 8: Get Business Insurance

General Liability Insurance (Required by Mississippi Law)

Mississippi’s Demarion’s Law requires childcare facilities to carry a minimum of $200,000 per occurrence in liability coverage. Most childcare-specific policies include coverage for abuse and molestation allegations – standard general liability policies often exclude this. Recommended: $1-$2 million per occurrence.

• Typical cost: $2,000-$5,000/year depending on enrollment and coverage

Workers’ Compensation Insurance

Required when you have 5 or more employees in Mississippi. Childcare workers face injury risks from lifting children, slip and fall accidents, and exposure to illness. Regulated by the Mississippi Workers’ Compensation Commission at mwcc.ms.gov.

Startup Cost Breakdown: Mississippi Daycare

Item	Cost	Notes
LLC Formation	$50	Mississippi SOS online filing
MSDH Application Fee	$130	Non-refundable; paid at application
Annual License Fee (12 or fewer)	$97.50/year	Capacity-based; see full table above
Background Checks (per employee)	$50+ per person	MSDH fee plus state/federal fingerprint fees
Fire Inspection (Form #333)	Varies by city	Signed by local fire marshal; required
CPR/First Aid Certification	$50-$100/person	At least one certified staff member on-site at all times
Facility Lease / Build-Out	Highly variable	Do not sign lease before pre-application inspection
Equipment and Supplies	$5,000-$20,000	Cribs, mats, toys, educational materials, furniture
General Liability Insurance	$2,000-$5,000/year	Min. $200,000/occurrence (Demarion’s Law); abuse coverage included
Workers’ Compensation Insurance	Varies	Required at 5+ employees
Annual Staff Training (15 hrs/person)	Varies	MSDH-approved training required annually for all staff

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Frequently Asked Questions

How do I get a daycare license in Mississippi?

Apply through the MSDH Child Care Facilities Licensure Branch online at msdh.ms.gov. The process requires: (1) zoning approval from your local government; (2) a pre-application MSDH building inspection; (3) five-component background checks for all staff; (4) director qualification documentation; (5) MSDH Fire Inspection Form #333 signed by your fire marshal; (6) payment of the $130 non-refundable application fee plus the capacity-based annual license fee. Budget up to 90 days or more for the process. Contact MSDH at (601) 364-2827.

How much does a Mississippi daycare license cost?

The non-refundable application fee is $130. Annual license fees are based on licensed capacity: $97.50 (up to 12 children), $195 (13-30), $260 (31-50), $390 (51-100), $455 (101-150), $520 (151 or more). The late renewal penalty is $25 if you renew fewer than 30 days before expiration. Reinstatement after lapse costs $260.

What background checks are required to open a daycare in Mississippi?

Mississippi requires a five-component background check for every operator and employee before they may work with children: (1) FBI national fingerprint check, (2) Mississippi State criminal history fingerprint check, (3) Mississippi Child Abuse Central Registry check, (4) NCIC National Sex Offender Registry check, and (5) Mississippi State Sex Offender Registry check. The MSDH processing fee is $50 per person, plus additional state and federal fingerprint charges. Process through ms.gov/msdh/background_check.

What are Mississippi’s daycare staff-to-child ratios?

Mississippi licensed ratios: infants under 12 months 1:5 (max group 10); 12-27 months 1:9 (max group 10); 2-year-olds 1:12; 3-year-olds 1:14 (max group 14); 4-year-olds 1:16 (max group 20); school-age 5-9 years 1:20 (max group 20); 10-12 years 1:25 (max group 25). In mixed-age groups, the ratio of the youngest child present applies to the entire group.

How many children can I care for without a license in Mississippi?

You can generally care for 5 or fewer unrelated children without an MSDH license. A license is required at 6 or more unrelated children under age 13. However, programs serving children under age 3 must always be licensed regardless of size. Rules can change – verify current thresholds directly with MSDH at (601) 364-2827 before starting an unlicensed home program.

What insurance is required for a Mississippi daycare?

Mississippi’s Demarion’s Law requires childcare facilities to carry a minimum of $200,000 per occurrence in general liability insurance. Childcare-specific policies typically include coverage for abuse and molestation allegations (standard GL policies often exclude this). Recommended coverage is $1-$2 million per occurrence. Workers’ compensation insurance is required when you have 5 or more employees – regulated by the Mississippi Workers’ Compensation Commission at mwcc.ms.gov.