10-148 C.M.R. ch. 33, § 2 - LICENSING REQUIREMENTS AND PROCEDURES
A.
Licensing
1. No person may
provide child care for more than two (2) Children who are not the Children of
the Provider, or who are not residing in the person's home, without a License
from the Department in force, authorizing such operation, in accordance with
22
M.R.S.
§8301-A(3).
2. The Provider must post the following,
where easily seen, on the Premises:
a. The
current License issued by the Department;
b. The results of the most recent inspection,
showing any violations of this rule;
c. Any enforcement actions, including a
Directed Plan of Action or a conditional License; and
d. Any notices or correspondence required by
the Department to be posted, including but not limited to water test results or
any lead hazard assessment.
3. The Department will post inspection
reports to a website available to the general public, for a running period of
three years.
4. Licenses are only
effective at the Premises for which they are issued. If the Provider moves to
another location, a new License must be issued prior to operation.
a. A License may not be transferred from one
Provider to another, from one location to another, or from one owner to
another.
b. In the event of an
unanticipated occurrence, such as a fire, that renders an approved location
uninhabitable, a Provider may provide services in an alternative location upon
approval by the Department, in accordance with the Department of Health and
Human Services' Child Care Emergency Plan, Version 1.3, November 6,
2018.
c. The alternative location
must also be approved by the State Fire Marshal's Office or provider's local
fire department prior to the provision of childcare services.
5. No Provider shall care for more
Children than their Licensed Capacity. Providers must only care for Children
within the age range of the License issued and within the proper staff-Child
ratios for those age ranges.
a. Changes in
capacity or age range may be made at the discretion of the Department, and when
necessary, with the approval of the local code enforcement and the State Fire
Marshal's Office.
b. The License
may be amended or reissued to increase or decrease the number of Children
allowed or to change the age range of Children that may be cared for by the
Provider.
6. Buildings on
the same Premises as the Applicant's residence may be issued a Family Child
Care License.
B.
Qualifications of the Applicant. The Applicant must demonstrate
their willingness and ability to operate and manage the Family Child Care with
mature judgment, compassionate regard for the best interests of Children and
consistent compliance with these regulations and all relevant laws.
C.
Application
1. Application for an initial License must be
made to the Department of Health and Human Services, on forms furnished by the
Department, and the fee required in Section 3 of this Rule must be included.
a. The check must be made payable to the
Treasurer, State of Maine, and is non-refundable.
b. Incomplete applications on which no action
has been taken by the Applicant shall be void after sixty (60) Days.
c. A License must be issued before a Provider
can begin providing day care to Children.
2. At least sixty (60) Days prior to the
expiration of a License, the Provider must submit an application and the
required fee for renewal to the Department on a form supplied by the
Department, accompanied by all additional information as may be required. It is
the responsibility of the Provider to make timely application for
renewal.
3. Upon receipt and review
of applications and determination of compliance with relevant law, the
Department shall renew such License for a period of two (2) years, unless it
finds that there are specific and sufficient grounds either for denial of the
application for renewal or for renewal of the License on a temporary or
conditional basis.
4. If timely
application for renewal is made, the existing License shall continue until a
final decision on the renewal is made.
5. The Applicant must complete
Department-approved training as required by Section 8 of this rule.
6. No License shall be issued to an Applicant
holding a License to provide foster care for Children without prior approval
from the Department.
7. All other
Licenses for businesses in the home must be reported to the Department at the
time of application, or prior to opening a new business.
8. The Provider must comply with the
requirements of the State Fire Marshal's Office, Department of Public Safety.
a. The Department must receive a written
statement, furnished bi-annually by the State Fire Marshal's Office, indicating
that the Provider has complied with the requirements of the Commissioner of
Public Safety's applicable fire safety rules.
b. No License may be issued until the
Provider passes a satisfactory inspection for fire safety and fire
protection.
c. The Provider must
obtain approval from the Maine Department of Public Safety, Office of the State
Fire Marshal or designee, which specifically notes where childcare may be
provided (basements, specific rooms within property, and second or higher
floors, including any restrictions on the ages of Children).
d. An additional fire safety inspection must
be done when a heating system is changed, when major structural changes are
made in the Premises, and prior to use of new rooms on the Premises. The
Provider is responsible for notifying the Department of any changes that
require inspection 10 days prior to installation.
9. The Provider must establish and maintain
compliance with all corrections, restrictions, or conditions specified by the
Maine Department of Public Safety, Office of the State Fire Marshal or designee
in the Plan of Correction resulting from identified deficiencies in the course
of the fire safety inspection, within the time frames identified.
10. The Provider must secure, in writing, the
approval of the landlord for any rented or leased space for use by the Family
Child Care Provider.
D.
Comprehensive Background check. Providers, Staff Members and
Household Members over the age of 18 must comply with all provisions pursuant
10-148 C.M.R Ch. 34 Child Care Provider Background Check Licensing Rule.
1. When disqualifying information is found in
any of the registries, repositories, and databases required for the background
check for a Provider or Household Member or if that Provider or Household
Member is otherwise ineligible because they refuse to consent to a background
check or knowingly make materially false statements in connection with such a
background check, no License shall be issued to that Provider.
2. No Provider shall employ a Staff Member
who has not furnished a Provider Letter of Eligibility indicating that the
Staff Member is eligible, nor allow any individual known by the Provider to be
ineligible under this Rule to have access to any Child in the Provider's care.
E.
Waivers.
The Department may waive or modify any provision(s) of this rule, unless the
provision is mandated by State or Federal statute, as provided in Section
20 of this Rule.
F.
Type and term of a License.
The type and term of a License issued by the Department must comply with the
provisions of this rule.
1. A provisional
License shall be issued by the Department to an Applicant who meets all the
following applicable criteria, in accordance with
22 M.R.S.
§7802(A):
a. Has not previously operated a Family Child
Care Provider in Maine, or has relocated to a new property, or has closed a
program and is reopening;
b.
Complies with all applicable laws and rules for a provisional License;
and
c. Demonstrates the ability to
comply with all applicable laws and rules for a full License.
d. A written provisional License may be
issued for a term of no less than three (3) months and no more than 12 months.
2. A full License shall
be issued by the Department to an Applicant who complies with the requirements
set out in this rule. A full License shall be issued for a term of two (2)
years.
3. A written conditional
License may be issued when the Department determines that the Provider has
failed to comply with applicable rules and laws. The conditional License must
specify the corrections that must be made and the deadline for making each
correction.
a. A conditional License shall be
issued for a specific term not to exceed twelve (12) months, or the remaining
portion of the term of the previous full License, whichever the Department
determines appropriate based on the violations set out in the Directed Plan of
Action.
4. When a
Provider plans a move to a new location, the Provider must submit an
application for a License for the new location. A temporary License may be
issued by the Department for the new location when:
a. All applicable requirements set out in
this rule have been met, except an inspection or other action by a state agency
or a contractor of that agency that is required by this rule is delayed; and
b. No action or inaction by the
Applicant caused a significant delay by that state agency or a contractor of
that agency.
c. A temporary License
shall be issued for a specific term, not to exceed six months.
G.
Administration.
1. The Provider
must have a readily accessible copy of this rule on the Premises and must make
it available to any person upon request.
2. The Provider must allow a Child's
Parents/Legal Guardians unlimited access to visit the Child, to observe the
program at any time that the Child is present and provide opportunities to
participate in activities.
a. The Provider
must exchange information with the Child's Parents/Legal Guardians about the
Child on a frequency appropriate for the age and development of the
Child.
b. The Provider must advise
a Child's Parents/Legal Guardians prior to taking Children on Field Trips and
must require the Parents/Legal Guardian's written permission.
c. The Provider must be directly accessible
to a Child's Parents/Legal Guardians by telephone at all times when Children
are present.
d. The Provider must
advise a Child's Parents/Legal Guardians prior to allowing the Child to
participate in any high-risk activity; for example, swimming, horseback riding
or using a trampoline.
3.
The provider must encourage Parents/Legal Guardians to visit the Family Child
Care Provider prior to admission.
4. A copy of the Provider handbook will be
made available to all Parents or Legal Guardians at the time of enrollment. The
handbook must contain, at a minimum:
a. Ages
of Children served;
b. Hours of
operation and daily schedule;
c.
Numbers of Children served;
d.
Specific focus if applicable, such as educational focus, religious focus,
Montessori, after-school, summer recreation, teaching site, etc.;
e. Opportunities for Parent/Legal Guardian
involvement;
f. A description of
the Child guidance methods used by Staff Members;
g. Services offered, such as: basic
childcare, care for Children with special needs, part-time care, Infant/toddler
care, pre-school care, school-age care, etc.;
h. Fees (if any) including charges for late
pick-up of Children;
i. Vacation
policy;
j. Terms of any contract or
placement agreements;
k. The rights
of Children;
l. Emergency
procedures and relocation information;
m. Incident reporting and mandatory reporting
of Child Abuse or Neglect;
n.
Expulsion and suspension practices;
o. Management of communicable
illnesses;
p. Medication
administration;
q. Annual calendar
of closure dates (if applicable);
r. Resources available for developmental
screenings; and
s. Reporting of
Child death and serious injury.
5. A Family Child Care Provider must ensure
that all Staff Members are adequately trained and/or have sufficient experience
to meet the needs of all Children for whom they are responsible, as the need
presents.
6. Except as provided by
law, confidential information may not be released without a court order or a
written release from the Parent or Legal Guardian of the Child about whom the
confidential information has been requested. The following information is
confidential:
a. All Child records.
b. All personnel records, which must be
provided to the Department upon request.
c. Information that identifies, directly or
indirectly, a referent, complainant, or reporter of suspected Child Abuse or
Neglect, and/or licensing rule violations.
d. Information about Children in care (or
formerly in care). This information may be disclosed only upon written
authorization of a Child's Legal Guardian, except as otherwise specified by
law, and must be shared with the Department and Child placing agencies licensed
pursuant to 22 MRS Chapter 1671, upon request.
7. The Provider must maintain a staff manual
that addresses the following:
a. Policies and
their implementation. This must include, at a minimum, policies for the
following:
i. Mandated reporting,
ii. Child guidance,
iii. Child illness,
iv. Fire drill procedures,
v. Emergency and disaster
procedures,
vi. Staff Member
qualifications and training,
vii.
Supervision of Staff Members/interns
viii. Reporting licensing
violations,
ix. Inclusionary
practices for Children with disabilities,
x. Safe sleep policy,
xi. Serious injury and Child death
reporting,
xii. Expulsion and
suspension prevention,
xiii.
Interpretation for English Language Learners,
xiv. Release of Children, and
xv. Transportation of Children (if
applicable).
8.
The Provider must adopt a written policy for handling all suspected instances
of Child Abuse or Neglect in accordance with Maine statute. Written policy must
include, but is not limited to, the following:
a. Internal notification procedure of
suspected Abuse or Neglect,
b.
Conditions that require internal notification of the Provider,
c. The requirement that any suspicion of
Abuse or Neglect must be immediately shared with the Provider,
d. The requirement that suspected Child Abuse
or Neglect must be immediately reported upon suspicion to Child Protective
Intake hotline,
e. Identification
of personnel responsible for contacting the Child Protective Intake
hotline,
f. Protocol to notify all
relevant parties (Parents, Staff Members, interns, or Household Members) that
suspected Child Abuse or Neglect has been reported to Child Protective
Intake,
g. Completion of Incident
reports, including: the details of the allegation or suspicion, the date Child
Protective Intake was called, which Staff Members and/or interns were notified
the report was filed, and whether or not the Parent/Legal Guardian were
notified of the allegation, and
h.
Parental notification, including the determination of how and what information
will be shared with a Parent/Legal Guardian when Child Protective Intake has
been contacted.
10. The
Provider must develop a written policy to follow if an allegation of Child
Abuse or Neglect is made against the Provider, any Staff Member, or Household
Member in the Provider's home. The written policy must include but is not
limited to the following:
a. Prevention
measures to protect providers from potential allegations;
b. Conditions of continued employment and
access to Children during the course of an investigation by the
Department;
c. Grounds for
termination;
d. The requirement to
report suspected Child Abuse or Neglect occurring at any location in accordance
with statute; and
e. Parental
notification.
11. The
Provider must be responsible for the Provider's daily operation in compliance
with this rule. If the Provider is not present, an equally qualified Staff
Member must be designated to be in charge and be given authority to administer
the program in compliance with this rule.
12. The Provider must register for Maine's
Quality Rating and Improvement System.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.