10-148-34 Me. Code R. § 2

Current through 2024-38, September 18, 2024

Section 148-34-2 - DEFINITIONS

A.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.Adult means a person 18 years of age and over.

3.Child Care Provider means a house or other place in which a person maintains or otherwise carries out a regularly scheduled program, for any part of a day, providing care and protection for three or more children between 6 weeks and 12 years of age, or the person who provides the child care. Child Care Providers provide this service to children who are not the children of the Child Care Provider or who are not residing in the Child Care Provider's home, for consideration.

a. A Child Care Provider includes:

i. A program operated in a private residence, caring for 3-12 children, as defined at 22 M.R.S. §8301-A(1-A)(C) ("Family Child Care");

ii. A program operated in a building owned or leased by the Child Care Provider, serving 3 or more children, as defined at 22 M.R.S. §8301-A(1-A)(B) ("Child Care Facility") and 22 M.R.S. §8301-A(1-A)(E) ("Small Child Care Facility"), otherwise known as a Child Care Center; and

iii. A program serving children between 33 months and 8 years of age, for a session no longer than three- and one-half hours in duration, as defined at 22 MRS §8301-A(1-A)(D) ("Nursery School").

b. A Child Care Provider does not include a:

i. 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;

ii. Program offering relevant instruction to Children for the purpose of teaching a singular skill such as karate, dance or basketball;

iii. Private school recognized by the Department of Education as a provider of equivalent instruction for the purpose of equivalent school attendance; or

iv. 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.

4.Child Care Provider Letter of Eligibility means a letter sent by the Department to the Child Care Provider regarding a Staff Member or prospective Staff Member who was required to have a comprehensive background check that reports eligibility status exclusively and does not reveal specific disqualifying information or any confidential information regarding the individual subject of the comprehensive background check.

5.Department means the Office of Child and Family Services within the Department of Health and Human Services.

6.Finding means a decision reached by the Department 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.

7.Household Member means any person residing in the Family Child Care home of an Applicant or Child Care Provider.

8.License means written permission, whether provisional, temporary, conditional, or full, by the Department that authorizes the Child Care Provider to operate. For purposes of this rule, License has the same meaning as "certification" in 22 MRS §8301-A.

9.Staff Member means an individual not related to all Children for whom childcare services are provided who is employed, or has applied to be employed, by a Child Care Provider for compensation (including independent contractors) whose activities involve the care or supervision of Children or who otherwise have unsupervised access to Children who are cared for or supervised by a Child Care Provider.

10.Staff Member Letter of Eligibility means a letter sent by the Department to the individual who is subject to the comprehensive background check (including Household Members) that reports eligibility status, provides basis for determination when ineligible, and provides information regarding the individual's right to appeal.

10-148 C.M.R. ch. 34, § 2