Section 148-17-2 - LICENSING PROCEDURESA. Any person conducting or maintaining a respite home for children under 18 years of age, including respite care for Indian children, and who has been determined to be in compliance with applicable licensing requirements may receive a license from the Department. There is no charge for this license.B. Application for a license shall be made to the Department on a form prescribed by the Department.C. Following the receipt of an application the Department will evaluate the adequacy of care provided or planned for respite care recipients and the adequacy of the physical plant in accordance with the applicable laws and regulations adopted by the Department and a decision will be made by the Department -to grant or deny a license.D. When the Department has reasonable cause to believe that the applicant, licensee, or person residing in the respite care provider's household may have a physical or mental health problem which would have a detrimental impact on the care of children, the Department may request the applicant or licensee to provide the Department with a physician's or psychologist's report which includes a diagnosis of any physical or mental conditions and the professionals assessment of the impact or the effect of the condition and its treatment on the functioning of such individual. No person shall be required to submit to a physician's report if he or she states in writing that it is contrary to his or her religious teachings and practice unless there is probable cause to suspect that he or she manifests the symptoms of communicable or contagious disease or illness which may affect the quality of child care provided.E. At the time of application, references shall be required from three persons who are acquainted with but not related to the applicants.F. At the time of application the applicant shall submit releases signed by each adult member of the household permitting the Department to request criminal history records from the Department of Public Safety, State Police, Bureau of Identification.G. Upon receipt of the application, the Department shall request criminal history records from the Department of Public Safety, State Police, Bureau of Identification for each adult member of the household of the applicant.H. The applicants may withdraw the application at any time during the application period upon notification to the Department. The Department shall acknowledge all withdrawals in writing.I. The maximum number of children to be maintained in a respite home shall be stated on the license. The license may be reissued for a larger or smaller number of children. In determining the maximum number, the Department shall consider such factors as: the safety, health and age of the children, as well as the ability of the respite care providers to adequately care for and supervise the children in the household.J. The license to operate a respite home does not provide licensure to operate a Family Foster Home for Children. However, a provider having a license to operate a Family Foster Home for Children may provide respite care for children.K. The respite care provider shall permit Department staff to enter a respite home at any reasonable time to either (a) license or evaluate compliance with the rules and (b) privately talk with the respite care recipients in the home.L. Licenses shall be effective only at the address given on the license. If the licensee moves to a new location, the license at the former address becomes void. The licensee must reapply sufficiently in advance of the move for a license to cover the new location.M. Applications for renewal of a license shall be made prior to the date of expiration in order that necessary licensing procedures may be completed to assure the continuity of the license. A re-evaluation of the respite home with respect to continuing compliance with these licensing rules will be made at renewal time by a representative of the Department.N. The licensee shall be responsible for reporting to the Department any changes in the home or the family which might affect the status of the license.O. In some instances, there are no common definitions as to degree of acceptability. When such instances occur in these rules, the determination of acceptability or non-acceptability shall be made at the discretion of the Department.P. No license to operate a respite home at any location can be issued until such home passes a satisfactory inspection for fire safety and fire protection. However, a temporary license may be issued pursuant to 3(D) of these Rules. 1 For licenses for 3 or more children, such inspection shall be made annually after initial licensing.2 For licenses for 1 or 2 children such inspections shall be made every three years or more often at the discretion of the Department.3 All inspections shall be made under the provisions of Title 25, M.R.S.A. sections 2360, 2391, 2392 and 2452. Such inspections are made by the State Fire Marshal's Office in the Department of Public Safety at the request of the Department.4 In the case of an unsatisfactory fire inspection, the applicant shall submit a plan of correction to the State Fire Marshal's Office within 10 days of receipt of the notice of deficiencies. A conditional license shall be issued if the State Fire Marshal does find deficiencies but finds that there is a satisfactory plan of correction.Q. Water which is used for drinking and cooking purposes must be obtained. from a satisfactory supply. If the supply is not from a municipal water system, or an already approved supply, it must meet the standards of the Division of Health Engineering, Department of Human Services. Water from sources other than municipal water systems shall be tested every year by the Division of Health Engineering.R. As part of the application or renewal process, the applicant or licensee shall provide appropriate releases of information so that the Department may obtain relevant information to ascertain whether the applicant or licensee is in compliance with these Rules.10-148 C.M.R. ch. 17, § 2