10-148-19 Me. Code R. § A-9

Current through 2024-25, June 19, 2024
Section 148-19-A-9 - ORGANIZATION AND ADMINISTRATION
A. The PNMI- Child Placing Agency shall be located within the State of Maine from which it operates, the address of which shall be filed with the Department.
B. The PNMI- Child Placing Agency shall have a clearly designated individual or governing body which shall exercise authority over and have responsibility for the operation, policy and practice of the PNMI- Child Placing Agency.
C. The PNMI- Child Placing Agency shall disclose to the Department all financial, beneficial, ownership, equity, surety, or other interests of five per cent, (5%) or more, in any and all firms, corporations, partnerships, associations, business enterprises, joint ventures, agencies, institutions, or other legal entities providing any form of health care services to members of medical assistance within thirty (30) calendar days of being requested to do so.
D. The PNMI- Child Placing Agency shall file with the Department the names and addresses of at least two persons who are authorized to receive legal process and service on behalf of the PNMI- Child Placing Agency.
E. The PNMI- Child Placing Agency shall have on file a written statement of philosophy, purpose, policy for its operations, and geographic area the PNMI- Child Placing Agency will serve.
F. The PNMI- Child Placing Agency shall document in its records the actual costs of the services to the child to be adopted, the child's biological parent(s), and the adoptive family, if it bases its fee to the adoptive family on the actual cost of services provided.
G. If the PNMI- Child Placing Agency bases its fee on the average cost of services, the PNMI- Child Placing Agency shall document the costs of the adoption program and/or component of the program subject to these rules for which a fee is charged, and shall document the method by which it computes the average cost of the services.
H. The PNMI- Child Placing Agency shall demonstrate in writing to the Department that it has sufficient funds or a reasonable means of raising funds to discharge its obligations and to assure that the PNMI- Child Placing Agency can adequately care for children for whom the PNMI- Child Placing Agency assumes responsibility during the term of its license.
I. The PNMI- Child Placing Agency shall submit annual operating budgets approved by the Board, or by the Administrator if no Board exists, for the period covered by the license.
J. Members of the governing body, the administrator or operator of the PNMI- Child Placing Agency, and all staff providing foster care and/or adoption services to children shall report to the Department all children who are suspected to be in circumstances of abuse, neglect or exploitation, immediately upon becoming aware of the situation. This shall be done in accordance with Title 22 M. R. S. A. Section 4002.
K. Each PNMI- Child Placing Agency shall have on file a financial agreement with each applicant, signed at the time of application, which clearly states the PNMI- Child Placing Agency's fee schedule including which costs are refundable and which costs are not. The applicant shall be given a copy of the agreement at the time of application, signed by the PNMI- Child Placing Agency and the applicant.
L. Each PNMI- Child Placing Agency shall make reasonable efforts to obtain, prior to placement, complete and accurate medical and developmental information about children being considered for adoption, including medical and genetic birth family information which could affect the child. In the case of international adoptions the PNMI- Child Placing Agency shall have on file a signed statement of understanding with the applicant about any difficulty in obtaining complete and accurate information because of language and practice differences.
M. Each PNMI- Child Placing Agency shall report any suspected or identified fraud or abuse by providers, legal guardians or children and submit supporting documentation to the Surveillance and Utilization Review Unit.

10-148 C.M.R. ch. 19, § A-9