An Act To Require the Department of Health and Human Services To License Families To Provide Care for Children in Foster Care
Maine Legislature, Session 125, LD 1334
Committee: Health and Human Services
Sponsors: CRAVEN, EVES, FOSSEL, MALABY, PETERSON, SANBORN, STRANG BURGESS
Amends: 22 MRSA §8101

Legislative Document 
No. 1334 
S.P. 411 
In Senate, March 29, 2011 
An Act To Require the Department of Health and Human Services 
To License Families To Provide Care for Children in Foster Care 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Representative EVES of North Berwick and 
Representatives: FOSSEL of Alna, MALABY of Hancock, PETERSON of Rumford, 
SANBORN of Gorham, STRANG BURGESS of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §8101, sub-§3, as amended by PL 1999, c. 392, §4 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
3.  Family foster home. "Family foster home" means a children's home, other than 
an Indian foster family home, that is a private dwelling where substitute parental care is 
provided within a family on a regular, 24-hour a day, residential basis. The total number 
of children in care may not exceed 6, including the family's legal children under 16 years 
of age, with no more than 2 of these children under the age of 2.  "Family foster home" 
includes the home of a resource family whether the family provides foster care, kinship 
care, adoption or permanency guardianship services, as long as the home meets the 
requirements and standards for adoption of children in foster care.  Family foster homes 
licensed by the Department of Health and Human Services or relatives' homes approved 
by the Department of Health and Human Services as meeting licensing standards are 
eligible for insurance pursuant to Title 5, section 1728-A. In any action for damages 
against a family foster home provider insured pursuant to Title 5, section 1728-A, for 
damages covered under that policy, the claim for and award of those damages, including 
costs and interest, may not exceed $300,000 for any and all claims arising out of a single 
occurrence.  When the amount awarded to or settled for multiple claimants exceeds the 
limit imposed by this section, any party may apply to the Superior Court for the county in 
which the governmental entity is located to allocate to each claimant that claimant's 
equitable share of the total, limited as required by this section.  Any award by the court in 
excess of the maximum liability limit must be automatically abated by operation of this 
section to the maximum limit of liability.  Nothing in this subsection may be deemed to 
make the operation of a family foster home a state activity nor may it expand in any way 
the liability of the State or foster parent. 
SUMMARY 
This bill requires the Department of Health and Human Services to issue a license to 
a resource family whether the family provides a foster child with foster care, kinship care,  
adoption or permanency guardianship as long as the family meets the requirements and 
standards for adoption of children in foster care.  Current law does not allow the 
department to license a preadoptive home.  The bill gives the department that authority 
and puts the department in compliance with Title IV-E of the United States Social 
Security Act.