An Act To Update Licensing and Certification Requirements for Child Care Facilities and Family Child Care Providers
Maine Legislature, Session 122, LD 1887
Committee: Health and Human Services
Sponsors: PELLETIER-SIMPSON, MAYO, GAGNON
Amends: 20-A MRSA §12501-A, 22 MRSA §1319-C, 22 MRSA §1321, 22 MRSA §1326, 22 MRSA §7702-A, 22 MRSA §8301-A, 22 MRSA §8302, 22 MRSA §8302-B, 22 MRSA §8303-A, 22 MRSA §8304-A

Legislative Document 
No. 1887 
H.P.1327 
House of Representatives, January 3,2006 
An Act To Update Licensing and Certification Requirements for 
Child Care Facilities and Family Child Care Providers 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Recei ved by the Clerk of the House on December 28, 2005. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Ir/~ 
1J7. 7J?tlC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PELLETIER-SIMPSON of Auburn. 
Cosponsored by Senator MAYO of Sagadahoc and 
Senator: GAGNON of Kennebec. 
Primed IlIl recyc led pa~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §12501-A, sub-§5, as enacted by PL 2003, c. 
427, §2, is amended to read: 
5. 
Child care facility. 
"Child care facility" means 
a 
child care center or a ll.91l'le--4ay family child care provider as 
defined in Title 22, section 8301-A. 
Sec. 2. 22 MRSA §1319-C, sub-§l. as amended by PL 2003, c. 
421, §3, is further amended to read: 
1. 
Annual screening required. 
The department shall require 
a child care facility and the premises of a ll.9me-eay family child 
care provider as defined in chapter 1673 and a nursery school as 
defined in chapter 1675 to have an annual screening for potential 
lead hazards. 
If potential lead hazards are identified, a full 
lead inspection must be conducted. 
Sec. 3. 22 MRSA §1319-C. sub-§3. as enacted by PL 1999, c. 
276, §10, is amended to read: 
3. 
Approval dependent on compliance. 
As of July 1, 1998, a 
eay-ea~e-eeR~e~ child care facility or nursery school may not b~ 
licensed, registered, certified or otherwise approved or receive 
any state funds unless it is in compliance with this section. 
Sec. 4. 22 MRSA §1321. as amended by PL 2003, c. 421, §§6 to 
8, is further amended to read: 
§132l. 
Notice and removal 
If the 
department 
determines 
that 
an 
environmental 
lead 
hazard exists 
in 
or 
on 
any 
dwelling, 
premises, 
residential 
Child-occupied facility, child care facility, premises of a Beffle 
eay family child care provider or nursery school: 
1. 
Notice posted. 
The department shall post In or upon the 
dwelling, 
premises, 
residential Child-occupied facility, 
child 
care 
facility, 
premises 
of 
the 
ll.eme--eay 
family 
child care 
provider or nursery school, in a conspicuous place or places, 
notice of the existence of environmental lead hazard. 
Notice may 
not be removed until the department states that the environmental 
lead hazard no longer exists; 
2. 
Notice to persons. 
The department shall give notice of 
the existence of the environmental lead hazard to all occupants; 
3. 
Notice to owner; 
removal. 
The department shall give 
notice of the existence of the environmental lead hazard to the 
• 
• 
owner 
and 
order 
that 
the 
lead-based 
substances 
be 
removed, 
replaced or securely and permanently covered within 30 days of 
receipt of the notice. 
If the lead-based substances can not be 
removed, replaced or securely and permanently covered wi thin 30 
days, the department may grant an extension of reasonable time. 
All lead-based paint activities must be performed in accordance 
with rules adopted by the Department of Environmental Protection 
pursuant 
to 
Title 
38, 
chapter 
12-B. 
In 
the 
case 
of 
an 
owner-occupied, 
single-family 
residence, 
the 
department 
may 
provide technical assistance and guidance in lieu of enforcement 
activity at the department's discretion; and 
4. 
Sale of dwelling, residential facility, child-occupied 
facility or nursery school. If, before the end of the 30-day 
period or extension, 
the owner sells the dwelling, 
premises, 
child care facility, premises of the seme-aay family child care 
provider, residential child-occupied facility or nursery school, 
the owner shall notify the prospective buyer of the environmental 
lead hazard and the new owner must assume the responsibility of 
carrying 
out 
the 
requirements 
of 
this 
section 
within 
the 
specified time period. 
Sec. 5. 22 MRSA §1326. as amended by PL 2003, c. 421, §10, is 
further amended to read: 
§1326. 
Injunction requiring removal 
If the lead-based substance remains an environmental lead 
hazard at the expiration of 30 days or at the expiration of an 
extension given by the commissioner pursuant to section 1321, the 
State, in addition to any other remedies it has, 
may seek a 
mandatory 
injunction 
ordering 
the 
environmental 
lead 
hazard 
removed by a sui table 3 rd party at the expense of the owner of 
the 
dwelling, 
premises, 
residential 
child-occupied 
facility, 
child care facility, premises of the seme-aay family child care 
provider or nursery school. 
Sec. 6. 22 MRSA §7702-A. sub-§3. as enacted by PL 1999, c. 
363, §3, is amended to read: 
3. 
Licensure 
provisions. 
A 
person 
who 
violates 
the 
following sections or rules adopted pursuant to those sections is 
subject 
to 
the 
sanctions 
provided 
for 
under 
the 
rules 
of 
licensure applicable to the facility, 
aay-€aEe-€eH~eE child care 
facility or seme-aay family child care provider: 
A. 
Section 7801, subsection 1, paragraph A; 
B. 
Section 8301-A; or 
C. 
Section 8302-A, 
subsection 1. 
paragraphs 
B to 
I 
and 
subsection 2, paragraphs A to F and H to J. 
Sec. 7. 22 MRSA §8301-A. as amended by PL 2005, c. 224, §l, 
is further amended to read: 
§8301-A. 
Licensure of child care facilities; certification of 
family child care providers 
::10 
I-A. 
Definitions. 
As 
in 
context 
otherwise 
indicates, 
following meanings. 
used 
the 
this chapter, 
following 
terms 
unless 
have 
the 
the 
A. 
"Child care center" means: 
( 1) 
A house or other place in which a person maintains 
or 
otherwise 
carries 
out 
a 
regular 
program, 
for 
consideration, for allY 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. 
B. 
"Child care facility" means a child care center, small 
child 
care 
facility 
or 
nursery 
school. 
"Child 
care 
facility" does not include a facility operated by a Aeme-Elay 
family child care provider, a summer camp established solely 
for 
recreational 
and 
educational 
purposes 
e"'L---l2-1:QgLgIIlS 
offering instructi~tLt.Q children for the purpose of tei;\cning 
a skill such as karate, dance or basketball, a formal public 
or 
private 
school 
in 
the 
nature 
of 
a 
kindergarten 
or 
elementary or secondary school "'f'proved by the Commissioner 
of Education in accordance with Title 20-A 
QL~_g J?xiVilte 
school 
recognized 
by 
the 
Department 
of 
Education 
as 
_~ 
provider 
of 
equivalent 
instruction 
for 
the 
p1J.Ul~e __ ~_Q_f 
compulsory 
school 
attendance. 
Any 
program 
for 
children 
under 5 yeal-s of age that is located in a private school. 
other than programs that contract with one or more Child 
Development 
Services 
System 
sites, 
is 
required 
to 
be 
licensed as a child care facility. 
C. 
"Heme-Elay Family child care provider" means a person who 
provides day care in that person's home on a regular basis, 
for consideration, for 3 to 12 children under 13 years of 
age who are not the children of the provider or who are not 
residing i~e provider's home. 
If a provider is caring 
for the provider's children related by blood or marriage in 
the 
provider's 
home 
and 
is 
caring 
for 
no 
more 
than 
• 
.. 
.W 
() 
?R 
:;0 
, .., 
'L 
l4 
lO 
" 
• 
nonrelated children, 
the provider is not required to be 
certified as a fami~hild care provider. 
D. 
"Nursery school" means a house or other place in which a 
person or 
combination of persons maintains 
or 
otherwise 
carries out 
for 
consideration during the 
day 
a 
regular 
program that provides care for 3 or more children 33 months 
of age or older and under 8 years of age, provided that: 
(1) 
No session 
than 3 1/2 hours 
conducted 
1n length; 
for the children is longer 
(2) 
No more than 2 sessions are conducted per day; 
(3) 
Each child in attendance at the nursery school 
attends only one session per day; and 
(4) 
No hot meal is served to the children. 
"Nursery school" does not include any facility operated as a 
child care center or 
small child care facility licensed 
under subsection 2, 
a 
summer 
camp established solely for 
recreational and educational purposes or a public or private 
school 
in the nature of 
a 
kindergarten approved by the 
Commissioner of Education, in accordance with Title 20-A. 
E. 
"Small child care facility" 
means 
a 
house or other 
place, not the residence of the operator, in which a person 
or combination of persons maintains or otherwise carries out 
a regular program, for consideration, for any part of a day 
providing care and protection for 3 to 12 children under 13 
years of age. 
2. 
Child care facility licensure. 
The owner or operator of 
a child care facility shall pay the licensing fee required under 
section 8303-A. 
A child care facility must be licensed under 
this chapter 
and 
must 
comply with the 
rules adopted 
by 
the 
commissioner 
under 
section 
8302-A 
and 
the 
fire 
safety 
requirements of section 8304-A. 
Except as otherwise provided, a 
nursery school must meet the requirements of this chapter and 
chClpter 1675. 
3. 
Family child care provider certification. 
A R9H1€---Gay 
~g~_~~hild care 
provider 
shall 
pay 
the 
certification 
fee 
required under section 8303-A. 
A R9H1e--aay family child care 
provider must be certified under this chapter and shall comply 
with the rules adopted by the commissioner under section 8302-A 
and the fire safety requirements of section 8304-A. 
4. 
Complaints. 
Upon 
recejpt 
of 
a 
complaint 
Clbout 
CI 
licensed child care facility or a certified seme-say 1amily~~J~ 
care provider and if the 
department has 
reasonable 
cause to 
suspect 
that 
a 
violation 
of 
the 
licensure 
or 
certification 
requirements has occurred, 
the department may investigate the 
complaint and enter the premises at any reasonable time for the 
purposes of the investigation. 
5. 
Administrative suspension. 
Whenever 
conditions exist 
that immediately jeopardize the health and safety of children, 
the commissioner may issue an order of closure, which suspends 
the certification of the berne-say family child care provider or 
the child care facility license for 
up 
to 
days, 
pending 
further investigation or prior to obtaining an order of emergency 
suspension from the court. 
The department shall require that an 
order of closure be posted at the facility and made public as it 
determines to be most appropriate for parents and other potential 
customers. 
6. 
Temporary license. 
Whenever a certified seme-say faffiily 
child care provider or licensed child care facility moves to a 
new location the department may issue a temporary certificate or 
license, valid pending final action on the application for the 
new location by the department, when: 
:10 
A. 
All 
applicable 
standards 
have 
been 
met 
except 
a 
requirement that is dependent on the action of an agency of 
State Gover~ment or a contractor of that agency; and 
B. 
Through 
no 
action 
by 
the 
applicant 
that 
causes 
CI 
significant delay, timely issuance of a provisional or full 
license has been delayed by the agency or contractor. 
7. 
injunction 
section or 
Injunctive 
relief. 
The 
department 
may 
seek 
of 
an 
this 
to require compliance with the provisions 
rules adopted pursuant to this section. 
8. 
Rulemaking. 
The 
department 
shall 
implement this section. 
Rules adopted pursuant 
are routine technical rules as defined by Title 
subchapter ±±-A 2-A. 
adopt 
rules 
to 
to this section 
5, chapter 375, 
9. 
Exemption 
from 
certain 
requirements 
for 
accredited 
Montessori 
schools. 
Notwithstanding 
any 
provision 
of 
this 
chapter or rules adopted pursuant to this chapter, a child care 
facility that is accredited as a Montessori school by a national 
or 
international accreditation organization may 
apply 
to 
the 
commissioner for an exemption from those requirements of this 
chapter or rules adopted pursuant to this chapter that conflict 
with the recognized tenets of the Montessori philosophy. 
-
The commissioner shall adopt rules to implement this subsection. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 8. 22 MRSA §8302.A, as amended by PL 2001, c. 645, §7, 
is further amended to read: 
§S302-A. 
Rules for child care facilities and family child care 
providers 
The commissioner shall adopt rules for child care facilities 
and 
aeme--eay 
family 
child care 
providers 
according 
to 
this 
section. 
Nursery schools 
are subject to the 
requirements of 
chapter 
1675 
and 
this 
section, 
except 
that 
subsection 
1, 
paragraph F does not apply to nursery schools. 
1. 
Rules for child care facilities. 
Rules for child care 
facilities must include, but are not limited to, rules pertaining 
2fJ 
to the fOllowing: 
-)') 
L.L 
."14 
lb 
]8 
4Cl 
A. 
Child to staff ratios; 
B. 
The 
health 
and 
safety 
of 
the 
children 
and 
staff, 
including training on communicable diseases; 
C. 
Water for drinking and cooking; 
D. 
Wastewatel'; 
E. 
Rabies vaccinations for pets; 
F. 
The quality of the program provided; 
G. 
The age, 
criminal record and pel'sonal history of the 
provider of care for children and staff members; 
H. 
The administration of medication; and 
I. 
Licensing procedures. 
Rules adopted pursuant to this subsection are routine technical 
rules pursuant to Title 5, chapter 375, subchapter ±±-A 2-A. 
2. 
Rules for family child care providers. 
Rules for heme 
say family child care providers must include, and are limited to, 
rules pertaining to the following: 
A. 
Cardiopulmonary resuscitation; 
B. 
Water for drinking and cooking; 
C. 
Wastewater; 
D. 
Rabies vaccinations for pets; 
E. 
Recording the times, 
reasons and numbers of children 
involved when more than 12 children are cared for; 
F. 
Ongoing training for providers on health and 
issues, including training on communicable diseases. 
training must be offered at times that are convenient 
providers; 
G. 
Child to staff ratios; 
H. 
Health and safety of the children and staff; 
safety 
This 
to the 
I. 
Procedures for waivers of rules and for suspension and 
revocation of certification; and 
J. 
The age, criminal record and personal history of the 
l:i9ffie--€Iay family child care provider, staff and members of 
the household. 
Rules adopted pursuant to paragraphs A to F are routine technical 
rules pursuant to Title 5, chapter 375, subchapter **-A Z-A and 
rules adopted pursuant to paragraphs G to J are major substantive 
rules pursuant to Title 5, chapter 375, subchapter ±±-A 2-A. 
Sec. 9. 22 MRSA §8302-B. first~. as enacted by PL 1997, c. 
494, §ll and affected by §15, is amended to read: 
A person who provides day care in that person's home for nne 
or 2 children whose care is paid for by state or federal funds is 
not required to be certified as 
a 
H9IRe--4ay family child care 
provider 
pursuant 
to 
section 
830l-A 
but 
is 
subject 
to 
the 
provisions of this section. 
Sec. 10. 22 MRSA §8303-A. as amended by PL 1997, c. 494, §12 
and affected by §15, is further amended to read: 
§8303-A. 
Fee for licenses 
By January 1, 
1998, 
the 
establish 
reasonable 
fees 
department 
for 
both 
shall 
initial 
adopt rules 
licensure 
to 
or 
certification and license or certification renewals for eay-eaFe 
eea~eF6 child care facilities, nursery schools and certified HaIRe 
Elay family child care providers. 
Rules adopted pursuant to this 
section are major substantive rules pursuant to Title 5, chapter 
375, subchapter ±±-A 2-A. 
• 
Sec. 11. 22 MRSA §8304-A, sub-§l, as amended by PL 2001, c. 
645, §8, is further amended to read: 
1. 
Inspection 
required. 
As 
an 
ongoing 
condition 
of 
licensure or certification, 
the Commissioner of Public Safety 
must provide at least biennially to the department 
a written 
statement that the child care facility or certified heme--aay 
family child care provider complies with applicable fire safety 
rules 
adopted 
pursuant 
to 
Title 
25, 
section 
2452. 
The 
Commissioner of Public Safety shall adopt rules in accordance 
with the Maine Administrative Procedure Act to implement this 
subsection. 
The rules must provide for at least the following. 
2,<; 
A. 
The Commissioner of Public Safety shall issue a fire 
safety technician certificate to any person who successfully 
completes a training course established by the Department of 
Public 
Safety. 
A 
person 
who 
receives 
a 
fire 
safety 
technician 
certificate 
pursuant 
to 
this 
paragraph 
may 
perform fire safety inspections under this section. 
B. 
In 
addition 
to 
ongoing 
license 
or 
certification 
requirements, 
inspection 
and 
certification 
are 
required 
under 
this 
section 
whenever 
a 
child 
care 
facility 
or 
certified heme--aay Jamily child care provider changes or 
augments 
a 
heating 
system 
or 
makes 
major 
structural 
alterations to the facility or home. 
Sec. J2. 22 MRSA ~8306. as enacted by PL 1985, c. 358, §2, 
IS 
3U 
repeRled. 
SUMMARY 
This bill replaces 
references 
to 
"day care center" with 
"child care facility" and replaces "home day care" with "family 
child care" 1-lherever it appears in the Department of Health and 
Human Services' licensing ancl certification statutes relating to 
these operations. 
This bill also updates 
the definitions of 
"family child care provider" and "child care facility." 
The bill 
repeals the requirement that the department distribute a brochure 
that explains 
the difference between 
home 
day care 
and 
home 
baby-sitting services.