Section 148-32-1 - STATEMENT OF PURPOSE AND DEFINITIONSA.Statement of Purpose. The purpose of this rule is to establish licensing standards for Child Care Facilities. For purposes of this rule, "Child Care Facilities" is defined broadly, per 22 M.R.S. §8301-A(1-A)(B), to include Child care centers ( 22 M.R.S. §8301-A(1-A)(A) ), nursery schools ( 22 M.R.S. §8301-A(1-A)(D) ), small Child care facilities ( 22 M.R.S. §8301(1-A)(E) ), and other programs ( 22 M.R.S. §8301-A(1-A)(B) ); where Child Care Facilities is referenced, this rule governs the operations of each of those types of entities. Where a provision of this rule applies to only one of those types of entities, the rule so states. This rule is promulgated in accordance with 22 M.R.S. Chapters 1661, 1663, 1673 and 1675 and describes the minimum requirements for the licensing and operation of Child Care Facilities. The rule supports Child Care services that meet Children's psychosocial and developmental needs, while providing a safe, healthy, and secure environment.
B.Definitions. As used in this rule, unless the context otherwise indicates, the following terms have the following meanings:1.Abuse or Neglect means a threat to a Child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, by a person responsible for the Child.2.Accident means an incident that results in damage or creates observable injuries (scratch, bite mark, scraped knee, first aid given, etc.).3.Adult means a person 18 years of age and over.4.Age-appropriate means activities, materials, curriculum, and environments that are developmentally consistent with the chronological age of the Child(ren) being served. 5.Applicant means any person applying for a License under these Rules.6.Attendance Record means a list of the names of the Children who are physically present at the Child Care Facility at any given period of time. 7.Bio-contaminants are living organisms (such as bacteria, enzymes, fungi, viruses) or their products that can be hazardous to animal or human health if inhaled, swallowed, or otherwise absorbed into the body.8.Certified Lifeguard means a person who holds a current certificate in life saving techniques issued by a qualified instructor from a recognized organization upon successful completion of a live training. 9.Child or Children means a person or persons under the age of 13.10.Child Care Facility per 22 M.R.S. §8301-A(1-A)(B), means a Child care center, nursery school, or small Child care facility, as defined in §§8301- A(1-A)(A), (F), and (E), respectively, as well as any program for Children under 5 located in a private school and programs that contract with one or more Child Development Services Systems sites ( 22 M.R.S. §8301-A(1-A)(B) ). a. A Child Care Facility includes: i.Child Care Center ( 22 M.R.S. §8301-A(1-A)(A) ) means (1) A house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 13 or more Children under 13 years of age; or (2) Any location or locations operated as a single Child care program or by a person or persons when there are more than 12 Children being cared for; ii.Nursery School ( 22 M.R.S §8301-A(D) ). A house or other place in which a person provides care for 3 or more Children between 33 months and 8 years of age, for a session no longer than three- and one-half hours in duration; iii.Small Child Care Facility ( 22 M.R.S. §8301-A(1-A)(E) ). A house or other place, not the residence of the operator, in which a person maintains or otherwise carries out a regularly scheduled program, for any part of a day, providing care and protection for 3 to 12 Children between 6 weeks and 12 years of age;iv.Other Programs ( 22 M.R.S. §8301-A (A-1)(B)). Any program for Children under 5 years of age that is located in a private school and programs that contract with one or more Child Development Services System sites are required to be licensed as a Child Care Facility (ie, collaborative Public Pre-K programs that include Head Start, Child Development Services, or privately funded child care).b. A Child Care Facility does not include a: i. Family Child Care Provider ( 22 M.R.S. §8301-A(1-A)(C) ); ii. Residential or overnight summer camp established solely for recreational and educational purposes, licensed in accordance with 10-144 CMR Chapter 208, Rules Relating to Youth Camps, Primitive, and Trip Camping;iii. Program offering relevant instruction to Children for the purpose of teaching a singular skill such as karate, dance or basketball;iv. Private school recognized by the Department of Education as a provider of equivalent instruction for the purpose of equivalent school attendance; orv. Formal public or private school in the nature of a kindergarten or elementary or secondary school approved by the Commissioner of Education in accordance with Title 20-A.11.Child Care Staff Member means an individual: a.(1) Who is employed by a Child Care Facility for compensation, including an owner, a contract employee or self-employed individual; or (2) Whose activities involve the care or supervision of Children for a Child Care Facility or unsupervised access to Children who are cared for or supervised by a Child Care Facility.b. Child Care Staff Member does not include an individual who is related to all Children for whom Child care services are provided or a contractor performing maintenance and repairs at the Child Care Facility who does not have unsupervised access to Children who are cared for or supervised by the Child Care Facility.12.Child with special needs means a Child who:a. Is up to 13 years of age who has been determined and documented by a qualified professional to be a "Child with a disability" as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. § 1401 ); b. Is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act ( 20 U.S.C. §§ 1431, et seq.); is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. § 701 ); c. Meets the definition of disability under the Americans with Disabilities Act of 1990 (ADA) ( 42 U.S.C. § 12102 ); ord. Is considered at-risk for health and/or developmental problems as a result of established biological risk factors, and/or as a result of identified environmental risk factors including, but not limited to, homelessness, abuse and/or neglect, lead poisoning, and prenatal drug or alcohol exposure. 13.Clean means to remove dirt, debris, and bodily fluids by scrubbing and washing with a detergent solution and rinsing with water.14.Consent Agreement means a written set of stipulations that a Child Care Facility will follow as a condition of licensure. 15.Days means calendar days, unless otherwise stated.16. Department means the Child Care Licensing Unit within the Department of Health and Human Services with the responsibility for conducting inspections and issuing licenses, unless otherwise specified within this rule. 17.Developmentally Appropriate means actions, environment, equipment, supplies, communications, interactions, or activities that are based on the individual physical, emotional, social, and cognitive needs of each Child in care.18.Directed Plan of Action means a written plan prepared by the Department following an inspection or investigation in which violations of this rule have been identified. A Directed Plan of Action includes the specific procedures, methods, changes to be enacted by the Child Care Facility to correct all areas of noncompliance. A Directed Plan of Action also includes the timeframes by which the Child Care Facility will come back into compliance.19.Director means the qualified individual having responsibility for carrying out policy and administering the program.20.Discipline means teaching Children about expectations, guidelines, and principles, to maintain safety, foster sound judgement, and develop and maintain self-discipline.21.Finding means a decision reached by an Out of Home Investigator based on the facts and evidence gathered during an investigation to support a decision that a person responsible for a Child has, by a preponderance of the evidence, abused or neglected a Child.22.Governing Body means a person or persons ultimately responsible for the operation of an incorporated Child Care Facility. 23.Group means the specific Children assigned to a specific Child Care Staff Member(s) within one room or identifiable activity space. 24.Hazardous Material means any item or agent (biological, chemical, radiological, and/or physical), which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors.25.Health Consultant means a physician, physician's assistant, a nurse practitioner or registered nurse with pediatric or Child care experience, licensed to practice in the United States.26.Immediate Danger means a situation in which the Child Care Facility's non-compliance with one or more sections of this rule has caused, or is likely to cause, harm or impairment to a Child, and there continues to be an immediate risk of harm or impairment unless immediate corrective action is taken. 27.Immediate Jeopardy means a situation in which the Child Care Facility's non-compliance with one or more sections of this rule has caused, or is likely to cause, serious injury or death of a Child, and there continues to be an immediate risk of serious injury or death of a Child unless immediate corrective action is taken. 28.Incident means a noteworthy occurrence, including but not limited to an aggressive outburst, allegations of inappropriate conduct by a Child Care Staff Member, inappropriate Child sexual behavior, unusual event, observations of changes in behavior, or a disclosure of abuse or neglect from a Child or parent. 29.Infant means a Child aged six weeks to 12 months.30.Infant/Toddler Program means a Child Care Facility serving Children aged 6 weeks to 36 months of age.31.Investigation means a systematic course of interviews, record reviews, and observations conducted for the purposes of determining the presence of Child abuse and/or neglect, and/or violations of this rule. 32.Lead Teacher means the individual having program responsibility for a group of Children attending a Child Care Facility. The lead teacher may also work under the Director or act as Director.33.Legal Guardian means the person or agency who is legally authorized to act on behalf of a Child. 34.License means written permission, whether provisional, temporary, conditional, or full, by the Department that authorizes the operation of a Child Care Facility. 35.Licensed Capacity means the number and ages of Children, specified on the license, allowed to be on the premises at any one time.36.Lock means a fastening operated by a key, a combination, or other mechanism that is attached to a hasp or a completely enclosed box or safe that prevents access to medications, cleaning supplies and other toxins, confidential records, and pools.37.Lockdown means a condition of remaining locked, and potentially hidden, inside the Child Care Facility when it is unsafe to leave the facility or be outdoors during an emergency situation.38.Mandated Reporter means a person who is required by law to report reasonable suspicions of Child abuse or neglect.39.Maximum Group Size means the total number of Children who may be assigned to a specific Child Care Staff Member, occupying an individual classroom, a well-defined physical space within a larger room, or playground area. Maximum group size is determined by the type of program and the allowable ratios as defined in this rule.40.Medication means a drug prescribed for a Child by a licensed health care practitioner and non-prescription medications. 41.Multi-site Operation means a Child care organization with separate licenses that share the same governing body, may have centralized business functions, record keeping and leadership. 42.Natural Body of Water means an ocean, lake, pond, river, reservoir, quarry, spring, stream, and wading area that may be used for recreational water activities.43.Night-time Care means compensated Child care provided between the hours of 12 a.m. and 6 a.m. 44.Non-swimmer means a Child Care Staff Member or Child who cannot swim 25 feet on their stomach, 25 feet on their back, and tread water for 1 minute. 45.Occasional Care Program means a Child Care Facility caring for Children on a drop-in or otherwise irregular basis when parents are not within the building; for example, Child care located in a ski area or a shopping center.46.Out-of-Home Investigation Unit (OOH) means the unit that is responsible for investigating reports of suspected abuse and neglect of Children by person(s) or in facilities subject to licensure pursuant to 22 M.R.S §§8351 - 8358.47.Parent means a birth or adoptive father, mother, or non-binary individual. For the purpose of this rule, Parent includes a Legal Guardian.48.Plan of Action means a written plan prepared by the Child Care Facility with the Department at the time of inspection or a written plan prepared by the Child Care Facility and submitted to the Department. A Plan of Action includes the specific procedures, methods, changes to be enacted by the Child Care Facility to correct all areas of noncompliance. A Plan of Action also includes the timeframes by which the Child Care Facility will come back into compliance.49.Premises means all parts of contiguous real estate, including, but not limited to, lands, private ways, and any buildings or structures, over which the Child Care Facility occupies, or has direct or indirect control or interest, even though Children may not be served in all parts of the contiguous real estate.50.Preschool Child means a Child 3 to 5 years of age.51.Provider Letter of Eligibility means a letter sent by the Department to the individual who is the subject of the comprehensive background check that reports eligibility status exclusively and does not reveal specific disqualifying information or any confidential information regarding the individual.52.Repeat Violation means a violation of a specific licensing rule provision for which the Child Care Facility has been previously cited. 53.Rescue Medication means a medication prescribed and packaged for the use of a specific Child in an emergency situation, such as an Epi-pen or a bronchodilator.54.Rest and Relaxation means quiet, undirected time. This may include reading circles, napping, or other quiet individual activities appropriate to the age of the Children. 55.Risk means the likelihood that a Child may experience some form of harm, injury, or abuse and/or neglect based on factors and/or circumstances to which that Child has been exposed.56.School-age Child means a Child who is at least 5 years old and under 13 years old. 57.School-age Program means a program providing Child care solely to school-aged Children. A school-age program operates before or after the customary school day and may also operate during school holidays, the summer period, or any other time when school is not in session, including early release days.58.Serious Injury means:a. An injury or illness which requires medical attention from a physician or other medical personnel, including, but not limited to, an emergency room visit and/or hospitalization, including those that are the result of an accident involving transportation to or from a Child Care Facility sponsored event; or59.Shelter-in-Place means to remain inside the Child Care Facility during an emergency situation, when circumstances indicate that it is unsafe to leave the facility. 60.Swimming Pool means any water-filled container, located indoors or outdoors, for swimming or recreational activity, and having a depth of more than twenty-four inches (24") at any point.61.Toddler means a Child aged 13 months through 36 months.62.Toxic Substance means any chemical or mixture that may be harmful to the environment and to human health if inhaled, swallowed, or absorbed through the skin. 63.Universal Safety Precautions means an approach to infection control where all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens. 64.Waiver means written permission from the Department to modify a provision of this rule. 65.Water Activities means the use of splashing pools, wading pools, and swimming pools with or without slides, and other similar bodies of water including ponds, rivers, and the ocean, excluding water tables and sprinklers. 66.Water Safety Attendant means a person assigned to watch over Children participating in water activities who has completed a Department-approved basic water safety course that includes training in non-swimming rescue techniques within the last three years. 67.Wading Pool means a pool with a water level maintained at 24 inches or less and that is no more than 4 feet in diameter. This pool does not require a filter and may not contain chemically treated water. 68.Wading Pool Attendant is a person who holds a valid adult and pediatric First Aid and CPR certificate and is responsible for supervision of Children in a wading pool as defined above. 10-148 C.M.R. ch. 32, § 1