10-148 C.M.R. ch. 32, § 4 - INSPECTIONS AND INVESTIGATIONS
A.
Inspections. The Department generally conducts unannounced site
inspections. The Department may conduct more frequent inspections at its
discretion. Routine inspections occur at the following times:
1. Upon application;
2. Annually, after the date of initial
licensure;
3. When the Child Care
Facility has requested an increase in capacity, a change in premises or
services, a change or proposed change in administrator, program description,
physical plant or services;
4. To
investigate a complaint of rule violation, or an allegation of suspected abuse
and/or neglect;
5. For routine
monitoring of care, including determining compliance with a Plan of Action or
Directed Plan of Action to ensure that cited deficiencies have been
corrected.
B.
Right of entry
1. The Department
has the right to enter upon and into the premises of any licensed Child Care
Facility at any reasonable time, pursuant to
22 MRS
§7804.
2. The Department may enter upon the premises
of a Child Care Facility or an individual reported or suspected to be operating
without a license, only with permission of the owner or person in charge,
pursuant to
22
MRS §7702-B(7), or with
a search warrant from the District Court authorizing entry and inspection, as
set forth below,
22 M.R.S.
§7804.
a. The Department and a duly designated
officer or employee of the Department have the right to enter upon and into the
premises of an unlicensed Child Care Facility with an administrative inspection
warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80 E, by
the District Court at a reasonable time and, upon demand, have the right to
inspect and copy any books, accounts, papers, records and other documents in
order to determine the state of compliance with this section. Pursuant to the
Maine Rules of Civil Procedure, Rule 80E the Department's right of entry and
inspection may extend to any premises and documents of a person, firm,
partnership, association, corporation or other entity that the Department has
reason to believe is operating without a license.
b. An owner or person in charge of an
unlicensed Child Care Facility may not interfere with, or prohibit, the
interviewing of consumers of Child care services by the Department.
C.
Elements of an
inspection. In order to determine compliance with this rule, the Child
Care Facility must allow access to all records and any part of the premises
occupied or used by Children.
1. The
Department may speak with Children, parents, and Child Care Staff Members
during inspections.
2. The
Department may photograph any part of the premises or make a photographic
record of documents. The Department will provide copies of photographs taken to
the Child Care Facility upon request.
D.
Inspection report. The
Department will document all violations of this rule on an inspection report
and will explain any violation noted at the time of inspection. The Child Care
Facility may correct violations at the time of inspection. All violations
corrected on-site shall be noted on the inspection report. The Child Care
Facility and the Department shall determine a Plan of Action, to include
timelines for correction, for any violations that cannot be corrected at the
time of inspection.
1. If the Plan of Action
cannot be determined at the time of inspection, the Plan of Action must be
established by the Child Care Facility and the Department within five business
days of the inspection.
2.
Following the inspection, the Child Care Facility must demonstrate compliance
with the written Plan of Action.
E.
Directed Plan of Action.
Following an inspection or investigation, the Department may issue a Directed
Plan of Action for noncompliance with this rule.
1. The Directed Plan of Action will specify
rules in which the Child Care Facility is non-compliant with this rule and will
prescribe the actions that must be completed by the Child Care Facility in
order to comply with this rule, along with a timelines for correction.
2. Failure to comply with a
Directed Plan of Action may result in enforcement action, up to and including
the revocation of a license in accordance with Section 21 of this
rule.
F.
Investigations. The Department will respond to reports from any
person alleging violation(s) of licensing regulations or Child abuse and
neglect.
1. The Child Care Facility must
cooperate in all aspects of the investigation of allegations of abuse and
neglect, in accordance with 22 MRS Ch. 1674. Cooperation includes but is not
limited to the following:
a. The owner or
Director of the Child Care Facility may not prevent the Department from
privately interviewing Child Care Staff Members;
b. Allowing private interviews with Children,
with or without parental consent, in accordance with 22 MRS Ch. 1674;
c. Providing contact information for families
of Children enrolled at the Department's request;
d. Providing access to all Child records;
e. Providing access to all records
of current and former Child Care Staff Members including access to time cards
and other payroll materials upon request;
f. Provide access to all incident and
accident report records; and
g.
Allow access to all parts of the licensed Child Care Facility, including spaces
not used for Child care.
2. The Child Care Facility must not retaliate
against any reporter or his/her representative for filing a complaint. Any rule
violations noted as a result of a complaint investigation will be provided to
the Child Care Facility in writing.
Notes
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