An Act To Clarify the Authority of the Department of Health and Human Services To License Residential Parenting Facilities March 6, 2007
Maine Legislature, Session 123, LD 1016
Committee: Health and Human Services
Sponsors: MARTIN, VALENTINO, HOBBINS, PILON

Legislative Document 
No. 1016 
S.P.333 
An Act To Clarify the Authority of the Department of Health and 
Human Services To License Residential Parenting Facilities 
March 6, 2007 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative VALENTINO of Saco and Senator: HOBBINS of York, 
Representative: PILON of Saco. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA c. 1674 is enacted to read: 
CHAPTER 1674 
RESIDENTIAL PARENTING FACILITIES 
§8351. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Family. "Family" means a parent and child during a period before and after the 
child's birth. 
2. Life skills. "Life skills" includes, but is not limited to, emplovment skills, money 
management skills, communication skills, community resource skills, decision-making 
skills, problem-solving skills and skills related to securing housing. 
3. 
Residential parenting facility. 
"Residential parenting facility" means a 
residential facility for one or more families in need of supportive and rehabilitative 
parenting services. 
4. 
Supportive and rehabilitative parenting services. 
"Supportive and 
rehabilitative parenting services" means support and rehabilitation services related to the 
prenatal and postnatal needs of children and their parents, which may include, but are not 
limited to, nutrition, parenting skills and life skills counseling. 
§8352. License 
Beginning on July 1, 2008, a person or combination of persons may not operate a 
residential parenting facility in this State without having obtained a license to operate a 
residential parenting facility from the department. Any residential parenting facility that 
has been in operation for at least one year prior to July 1, 2008 and has been licensed by 
the department as a residential child care facility may be permitted to operate a residential 
parenting facility under that license until the rules required by section 8353 are adopted 
and the facility has applied for and obtained a new license as a residential parenting 
facility. 
§8353. Rules 
The department, in consultation with providers of residential parenting facilities, shall 
adopt routine technical rules in accordance with Title 5, chapter 375, subchapter 2-A for 
residential parenting facilities. 
The rules must include, but are not limited to, rules 
pertaining to the health and safety of parents, children and staff; the quality of programs 
provided; and licensing procedures. 
§8354. Fire safety; inspection for residential parenting facilities 
1. Inspection required. Except as provided in subsection 2, the department may not 
issue a license to operate a residential parenting facility pursuant to section 8352 until the 
department has received from the Commissioner of Public Safety a written statement 
signed by one of the officials designated under Title 25, section 2392 to make fire safety 
inspections indicating that the residential parenting facility has complied with the 
applicable fire safety requirements of the Life Safety Code of the National Fire Protection 
Association adopted by the Commissioner of Public Safety under section 8103. 
2. Temporary license. The department may issue a temporary license to operate a 
residential parenting facility without complying with the requirement to receive a written, 
signed statement under subsection 1 prior to issuing the license pursuant to section 8352 
as long as a preliminary evaluation for the residential parenting facility reveals no 
obvious fire safety violations. 
3. 
Fees. 
The department shall establish and pay reasonable fees to the 
Commissioner of Public Safety for each inspection required pursuant to subsection I. 
§835S. Prohibited employment 
1. 
Criminal history record information. 
A residential parenting facility shall 
obtain criminal history information for applicants for positions as unlicensed personnel 
and may not hire an individual who: 
A. Has worked as a certified nursing assistant and has been the subject of a notation 
by the state survev agency for a substantiated complaint of abuse, neglect or 
miS£l12Propriation of property in a health care setting that was entered on the Main~ 
Registrv of Certified Nursing Assistants; 
B. 
Has been convicted in a court of law of a crime involving abuse, neglect or 
!11 isappropriation of property in a residential or health care setting; or 
C. Has a criminal conviction within the last 10 years of: 
(1) A crime for which incarceration of 3 vears or more may be imposed under 
the laws of the state in which the conviction occurred; or 
(2) A crime for which incarceration of less than 3 years may be imposed under 
the laws of the state in which the conviction occurred involving sexual 
misconduct or involving abuse, neglect or exploitation in a setting other than a 
health care setting. 
SUMMARY 
This bill authorizes the Department of Health and Human Services to license 
residential parenting facilities for families in need of supportive and rehabilitative 
parenting services. The services relate to prenatal and postnatal needs of children and 
their parents, including nutrition, parenting skills and life skills counseling.