05- 071 C.M.R. ch. 18, § 1

Current through 2024-44, October 30, 2024

Section 071-18-1 - INTRODUCTION

A. Foreword

These rules are based on the values and level of child care practice that are generally accepted as basic and necessary for any child who must be placed outside their own home and on the belief that every aspect of a residential facility's operation affects the children in its care. The funding source of the facility, the statutory basis or authority for the facility's existence, the nature of the administrative structure, the philosophical principles of the facility, or the degree of specialization of the program should not affect a facility's provision for these basic needs.

It is not the intent of these rules to create uniformity among the facilities. Children in the care of residential facilities have many and diverse needs. In order to respond effectively to these needs, there must be a wide range of programs, settings and services.

These rules allow for a broad variance in practice. At the same time they outline the basic elements necessary for all residential facilities. These rules are designed to assure that a facility which meets all of these requirements, will:

(1) provide a safe and healthy environment for residents;

(2) review children's needs for services and care on a regular, although limited, basis to prevent children from becoming "lost" in the system; and

(3) provide or arrange for services identified as necessary for the children accepted into the facility's care.

B. Legal Base

While the departments are required by statute to coordinate their licensing procedures along with utilizing a common set of rules, each department retains its full authority and responsibility for assuring that a residential child care facility is licensed in compliance with laws pertaining to that department. In addition, licensure under these rules does not exempt any agency or facility from further responsibilities for compliance with other applicable laws, consent decrees, purchase of service agreements or contracts which may be more restrictive.

These rules are adopted in accordance with 22 MRSA §8101 et seq. and in conformity with 5 MRSA §8001 et seq. In accordance with 22 MRSA §8104, requiring establishment of a method for appropriate and timely review and revision of these rules by the departments responsible for their implementation, the departments shall conduct such review and revision from all licensees and concerned governmental agencies. These recommendations shall be given full consideration, along with other submitted recommendations, in proposed revisions.

(1) Repeal of Previous Rules and Regulations. All previous rules and regulations governing the licensing of residential child care facilities in the State of Maine are hereby repealed.

(2) Severance Clause. The provisions of these rules are severable. If any provision of the rules is invalid, or if the application of the rules to any person or circumstances is invalid, such invalidity shall not effect other provisions or applications which can be given effect without the invalid provision or application.

(3) Effective Date. These rules governing the licensing of Residential Child Care Facilities for children shall become effective March 15, 1989.

C. Rules Format

(1) Core Rules. The goal of these rules is to establish a core set of requirements which are adaptable to a wide range of residential care. These rules:

- Reduce the licensing authority's arbitrariness in enforcement;

- Provide a knowledge base for a new provider or an existing provider wishing to improve the quality of service;

- Provide predictability for the facility being licensed;

- Provide a base for the purchase of service in developing program evaluation (quality assurance) standards.

(2) Special Module Rules. To facilitate coordination of licensing responsibilities among the departments, special services provided to specific populations at residential facilities are addressed through the use of separate modules. These modules are designed to be applied, where appropriate, either singularly or jointly based on a facility's program.

a. Education Rules. For those facilities directly providing an educational program, a separate module specifically directed toward educational services as well as these core rules shall be complied with in order to be licensed as a residential child care facility.

b. Substance Abuse Treatment Rules. For those facilities directly providing a substance abuse treatment program, a separate module specifically directed toward substance abuse treatment as well as these core rules shall be complied with in order to be licensed as a residential child care facility.

c* Mental Health Treatment Rules. For those facilities directly providing a mental health treatment program, a separate module specifically directed toward mental health treatment as well as these core rules shall be complied with in order to be licensed as a residential child care facility.

D. Interagency and Interdepartmental Coordination

The departments recognize the burden imposed by the practice of requiring the same or similar supportive documents for licensing that may be required for contracting purposes. The departments will internally store the documents and will not require the facility to provide duplicate copies.

The departments' licensing authorities will share any document provided by the facility in fulfillment of a requirement within these rules including special module rules. When appropriate, licensing site studies, information sharing, monitoring visitations, and reviews will be coordinated and conducted as a team by representatives of the departments.

05- 071 C.M.R. ch. 18, § 1