10-148-33 Me. Code R. § 2

Current through 2024-46, November 13, 2024

Section 148-33-2 - 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.

10-148 C.M.R. ch. 33, § 2