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Mississippi Volunteer Background Check Requirements

Mississippi has no general volunteer-screening law; checks are required only in specific settings.

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Never Left Alone: the Mississippi guide to screening volunteers: the MSDH 120-hour rule and Letter of Suitability, § 43-15-6 fingerprints in residential care, DMH provider checks, a registrant’s duty to tell you and a reporting duty on “any other person”

Nothing in Mississippi law makes every nonprofit screen its volunteers. It screens by setting instead — licensed child care, residential programs for children, Department of Mental Health providers — and one line runs through every rule it does have: until a person is cleared, they are never left alone with the children or vulnerable adults you serve. The chapters run from the MSDH 120-hour line to the § 45-33-32 notice that belongs on every volunteer application.

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Bottom Line for Mississippi Nonprofits

  • ✓Caregivers in licensed child care facilities, including volunteers who reach 120 hours in a licensure year (Miss. Code § 43-20-8; MSDH R. 1.5.2)
  • ✓Volunteers with unsupervised access to children in residential programs that provide care, lodging and counseling or therapy (Miss. Code § 43-15-6)
  • ✓Volunteers and interns at providers certified by the Department of Mental Health (DMH Operational Standards R. 11.2.E)
  • +2 more required roles below

State Laws That Apply to Volunteer Background Checks

Child Care Facility Caregiver Checks

Miss. Code Ann. § 43-20-8(4)-(5), (8)

Licensed child care facilities must obtain criminal records, sex offender registry and child abuse registry checks for any current or prospective caregiver, with fingerprints sent to the Department of Public Safety and, if no state disqualifier is found, to the FBI. Operators and anyone living in a home used for child care are also checked, and the facility bears the fees.

MSDH Child Care Volunteer Rule (120 Hours)

15 Miss. Admin. Code Pt. 11, Subpt. 55, R. 1.1.4(23), 1.5.2 (centers); R. 2.5.2 (homes with 12 or fewer children)

A volunteer who reaches 120 hours in a licensure year needs an MSDH Letter of Suitability based on a fingerprint state and FBI check and child abuse registry and sex offender checks; a volunteer under 120 hours needs a time sheet, and anyone without a Letter must never be left alone with children. Operator and employee checks are repeated every five years.

Residential Services to Children

Miss. Code Ann. § 43-15-6 (as amended by Laws 2023, HB 1149)

Entities providing residential care, lodging, maintenance and counseling or therapy to children must run a national fingerprint-based criminal history check and a child abuse registry check on every owner, operator, employee and volunteer who has or may have unsupervised access to a child. Fingerprints are taken by local law enforcement and sent to DPS, then the FBI; the entity pays, and violations can cost up to $10,000 each.

Department of Mental Health Operational Standards

DMH Operational Standards (2024), Rule 11.2.E-G

DMH-certified providers must obtain a national criminal history background check with fingerprints and registry checks on all employees, volunteers and interns, and uncleared volunteers must never be alone with people served. Home and community-based IDD services repeat the fingerprint check every two years and registry checks monthly.

Sex Offender Volunteer Disclosure

Miss. Code Ann. § 45-33-32

A registered sex offender must notify in writing any organization where volunteers have direct, private and unsupervised contact with minors. The organization must tell volunteer applicants about this duty and, if it accepts a disclosed offender, must make reasonable attempts to notify the parents or guardians of the minors involved.

Health Care Facility Employee Checks

Miss. Code Ann. § 43-11-13(6)

Hospitals, nursing homes, personal care homes, home health agencies, hospices and adult foster care facilities must fingerprint new employees who provide direct patient care; the statute covers employees and contract direct-care workers, not volunteers.

Who Must Be Screened in Mississippi

!Legally Required to Be Screened

  • •Caregivers in licensed child care facilities, including volunteers who reach 120 hours in a licensure year (Miss. Code § 43-20-8; MSDH R. 1.5.2)
  • •Volunteers with unsupervised access to children in residential programs that provide care, lodging and counseling or therapy (Miss. Code § 43-15-6)
  • •Volunteers and interns at providers certified by the Department of Mental Health (DMH Operational Standards R. 11.2.E)
  • •Volunteers in child residential homes under MSDH’s notification rules who reach 120 hours in a licensure year (MSDH R. 3.4.3)
  • •Child care volunteers under 120 hours per licensure year: MSDH’s rules require a time sheet, Form 121 and orientation but no Letter of Suitability, and they may never be alone with children; whether § 43-20-8(4), which reaches any current or prospective caregiver, covers them is unsettled — ask MSDH

Optional — no Mississippi statute we found requires a check

  • ◦School volunteers, chaperones and unpaid coaches (§ 37-9-17 covers new school employees only)
  • ◦Youth sports coaches and league volunteers (we found no Mississippi statute requiring checks; a registrant must still disclose under § 45-33-32 where volunteers have unsupervised contact with minors)
  • ◦Volunteers at hospitals, nursing homes, personal care homes, home health and hospice (§ 43-11-13 covers employees and contract direct-care workers, not volunteers)
  • ◦Youth camp counselors and volunteers (MSDH camp rules require personnel records and orientation, not background checks)

Types of Background Checks Required in Mississippi

✓
Fingerprint-based state criminal history check through the DPS Criminal Information Center
✓
FBI national fingerprint check (forwarded by DPS when no state disqualifier is found)
✓
Mississippi Child Abuse and Neglect Central Registry check (MDCPS)
✓
State and national sex offender registry checks
✓
Interstate criminal, child abuse registry and sex offender checks for applicants who lived out of state (MSDH child care rules)
✓
DMH provider registry checks: Nurse Aide Abuse Registry, OIG Exclusion Database and prior Vulnerable Adults Act convictions
✓
Mississippi Vulnerable Person Abuse Registry query (required for care facility employees since 2023)

How to Get Background Checks in Mississippi

State Agency
Mississippi State Department of Health (MSDH) Criminal Records Check Unit for licensed child care and health care checks; Department of Public Safety Criminal Information Center (CIC) for state and FBI fingerprint processing; Department of Child Protection Services (MDCPS) for the Child Abuse and Neglect Central Registry; Department of Mental Health (DMH) for certified-provider standards
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Volunteer Screening in Mississippi: What You Need to Know

Mississippi counted 10,029 child maltreatment victims in federal fiscal year 2024, 14.9 per 1,000 children against a national rate of 7.2, and 66 child maltreatment deaths, 9.78 per 100,000 children against 2.41 nationally (ACF Child Maltreatment 2024). About 20.9% of Mississippians volunteered through an organization in 2023, 46th of the 50 states and DC by our computation from AmeriCorps data. Screening rules are setting-specific: the 120-hour volunteer threshold comes from MSDH child care and child residential home rules, not from statute, and a registered sex offender who volunteers for an organization in which volunteers have direct, private and unsupervised contact with minors must notify it of the conviction in writing.

Compliance Tips for Mississippi Nonprofits

  1. 1

    Put a written notice in every volunteer application that registered sex offenders must disclose their conviction in writing before serving; Miss. Code § 45-33-32 requires organizations to give this notice at application or before accepting service.

  2. 2

    In a licensed child care facility, log every volunteer’s hours: at 120 hours in a licensure year the volunteer needs an MSDH Letter of Suitability, and until then must never be left alone with children (MSDH R. 1.1.4(23), 1.5.2).

  3. 3

    Residential programs serving children must have every volunteer with possible unsupervised access fingerprinted by local law enforcement and run a child abuse registry check on each volunteer or prospective volunteer who has or may have unsupervised access (Miss. Code § 43-15-6); the program pays the fees.

  4. 4

    DMH-certified providers must run a national fingerprint-based check and registry checks on every volunteer and intern and keep uncleared volunteers from being alone with people served (DMH Operational Standards R. 11.2.E-F).

  5. 5

    Train every volunteer to report suspected child abuse immediately by phone to the Department of Child Protection Services; § 43-21-353 covers any person, and willful violation carries up to $5,000 and a year in jail.

  6. 6

    If you solicit donations, register with the Secretary of State before the first ask ($50, renewed annually) or file the Notice of Exemption if you raise $25,000 or less with unpaid fundraisers (Miss. Code §§ 79-11-503, 79-11-505).

Frequently Asked Questions

Does Mississippi require background checks for my nonprofit’s volunteers?

Only for volunteers in specific roles or settings; no Mississippi rule covers every nonprofit. Mississippi has no general volunteer-screening law; checks are required only in specific settings. Licensed child care facilities must obtain fingerprint-based state and FBI checks plus child abuse and sex offender registry checks for caregivers, and MSDH rules require a Letter of Suitability once a volunteer reaches 120 hours in a licensure year (Miss. Code § 43-20-8; MSDH R. 1.5.2).

How long does a Mississippi volunteer background check take?

Timing varies by check type. VolunteerBadge's national criminal and sex offender registry searches return most results in minutes; a record that needs human FCRA review can take up to about 72 hours. For current fingerprint-check timing, contact: Mississippi State Department of Health (MSDH) Criminal Records Check Unit for licensed child care and health care checks; Department of Public Safety Criminal Information Center (CIC) for state and FBI fingerprint processing; Department of Child Protection Services (MDCPS) for the Child Abuse and Neglect Central Registry; Department of Mental Health (DMH) for certified-provider standards.

FCRA Notice: VolunteerBadge is a Consumer Reporting Agency (CRA) under the Fair Credit Reporting Act. When you use our platform to screen volunteers, you are subject to FCRA requirements including authorization, disclosure, and adverse action procedures. Mississippi may have additional state-law requirements. This page provides general information only — consult legal counsel for your specific situation. Read our FCRA adverse action guide →

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