An Act To Amend the Laws Governing Certain Human Services Licensing and Certification Requirements
Maine Legislature, Session 126, LD 1417
Committee: Health and Human Services
Sponsors: HAMPER, SANDERSON
Amends: 5 MRSA §19508, 17-A MRSA §253, 20-A MRSA §1, 20-A MRSA §7001, 22 MRSA §1812-K, 22 MRSA §7802, 22 MRSA §7853, 22 MRSA §8101, 22 MRSA §8102, 22 MRSA §8107, 26 MRSA §2164

Legislative Document 
No. 1417 
S.P. 511 
In Senate, April 23, 2013 
An Act To Amend the Laws Governing Certain Human Services 
Licensing and Certification Requirements 
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. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator HAMPER of Oxford. 
Cosponsored by Representative SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §19508, as amended by PL 2005, c. 662, Pt. A, §3, is further 
amended to read: 
§19508.  Application to residents in children's homes 
This chapter also applies to children with disabilities in children's homes, emergency 
children's shelters, family foster homes, specialized children's homes and children's 
residential child care facilities, as defined in Title 22, section 8101, and to other 
residential educational facilities, including the Maine Educational Center for the Deaf and 
Hard of Hearing and the Governor Baxter School for the Deaf and other similar facilities. 
Sec. 2.  17-A MRSA §253, sub-§2, ¶G, as amended by PL 2009, c. 211, Pt. B, 
§15, is further amended to read: 
G.  The other person, not the actor's spouse, has not attained the age of 18 years and 
is a resident in or attending a children's home, day child care facility, facility operated 
by a family child care provider, children's residential child care facility, drug 
treatment center, youth camp licensed under Title 22, section 2495 or similar school, 
facility or institution regularly providing care or services for children, and the actor is 
a teacher, employee or other person having instructional, supervisory or disciplinary 
authority over the other person.  Violation of this paragraph is a Class C crime; 
Sec. 3.  20-A MRSA §1, sub-§24-A, ¶¶A and D, as enacted by PL 1985, c. 789, 
§§1 and 9, are amended to read: 
A.  An "emergency children's shelter," which is a facility operated by a corporation 
and licensed for the purpose of providing board and care to no more than 10 children 
over the age of 12 years, who may be runaways or abused children or whose 
well-being is jeopardized by some other crisis or emergency, and providing services 
to a child for not more than 21 consecutive days, except with special permission; 
D.  A "children's residential child care facility," which provides board and care for 
one or more children on a regular, 24-hours-a-day, residential basis.  A children's 
residential child care facility does not mean family foster home, specialized children's 
home or an emergency children's shelter facility.  The term includes, but is not 
limited to: 
(1)  A "group home," which is a children's residential child care facility operated 
by a corporation and licensed for the purpose of providing board and care for up 
to 10 children; 
(2)  A "residential agency," which is a children's residential child care facility 
operated by a corporation and licensed for the purpose of providing board and 
care to more than 10 children; 
(3)  A "residential treatment center," which is a children's residential child care 
facility operated by a corporation and licensed for the purpose of providing 
therapeutically-planned therapeutically planned, group living situations within 
which educational, recreational, medical and sociopsychotherapeutic components 
are intergrated integrated for children whose present handicaps preclude 
community outpatient treatment; 
(4)  A "residential treatment facility," which is a children's residential child care 
facility operated by a corporation and licensed for the purpose of providing 
board, care and treatment for more than 10 moderately to severely handicapped 
children and which does not contain an educational component; and 
(5)  A "therapeutic group home," which is a children's residential child care 
facility operated by a corporation and licensed for the purpose of providing 
board, care and treatment for up to 10 moderately to severely handicapped 
children. 
Sec. 4.  20-A MRSA §7001, sub-§8, as enacted by PL 1981, c. 693, §§5 and 8, is 
amended to read: 
8.  Children's residential care facility.  "Residential child Children's residential care 
facility" is a facility defined in Title 22, section 8101, subsection 4. 
Sec. 5.  22 MRSA §1812-K is enacted to read: 
§1812-K.  Intermediate care facility for persons with intellectual disabilities 
1.  Survey.  A state survey agency shall conduct a survey of each intermediate care 
facility for persons with intellectual disabilities not later than 15 months after the last day 
of the previous survey.  The statewide average interval between surveys must be 12 
months or less.  The statewide average interval is computed at the end of each federal 
fiscal year by comparing the last day of the most recent survey for each participating 
facility to the last day of each facility’s previous survey.  As used in this section, "state 
survey agency" means the agency specified in 42 United States Code, Sections 1395aa 
and 1396 responsible for determining whether institutions and agencies meet 
requirements for participation in the State's Medicare and Medicaid programs. 
2.  Rules.  The department shall adopt rules necessary to license intermediate care 
facilities for persons with intellectual disabilities in accordance with the Maine 
Administrative Procedure Act.  Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 275, subchapter 2-A. 
Sec. 6.  22 MRSA §7802, sub-§2, ¶B, as amended by PL 2007, c. 324, §8, is 
further amended to read: 
B.  The terms of full licenses or approvals are as follows.  
(1)  Except as provided in subparagraphs (2) to (7), the term of all full licenses 
and approvals issued pursuant to this chapter is for one year or the remaining 
period of a conditional or provisional license that has been issued for less than 
one year. 
(2)  The term of a children's residential child care facility license is for 2 years. 
(3)  The term of a drug treatment center license may be for either one or 2 years. 
(4)  The term of a family foster home or specialized foster home license is for 2 
years. 
(5)  The term of a child care facility license issued under section 8301-A, 
subsection 2 is for 2 years. 
(6)  The term of a home day care certificate issued under section 8301-A, 
subsection 3 is for 2 years. 
(7)  The term of an adult day care program license pursuant to chapter 1679 is for 
either one or 2 years at the discretion of the department. 
Sec. 7.  22 MRSA §7853, first ¶, as amended by PL 2003, c. 673, Pt. V, §2 and 
affected by §29, is further amended to read: 
The commissioner shall adopt rules for licensed assisted housing programs.  Rules 
adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 
375, subchapter 2-A, except that rules to establish categories of licensed assisted housing 
programs, including private nonmedical institutions, are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 8.  22 MRSA §8101, as amended by PL 2011, c. 186, Pt. A, §1 and c. 187, §1, 
is further amended to read: 
§8101.  Definitions 
As used in this subtitle, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Children's home. "Children's home" means any residence maintained exclusively 
or in part for the board and care of one or more children under the age of 18. "Children's 
home" does not include:  
A.  A facility established primarily to provide medical care; 
B.  A youth camp licensed under section 2495; or 
C.  A school established solely for educational purposes except as provided in 
subsection 4. 
2.  Emergency children's shelter.  "Emergency children's shelter" means a children's 
home facility that operates to receive children 24 hours a day and that limits placement to 
consecutive days or less.  For purposes of this section, the definition of "children" 
includes a person under the age of 21 years of age. "Emergency children's shelter" does 
not mean a family foster home or specialized children's home and, if.  If emergency 
shelter is a service of provided by a children's residential child care facility, the service is 
restricted to a designated physical area of the facility. 
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. 
3-A.  Indian foster family home.  "Indian foster family home" means a foster home 
licensed, approved or specified by the Indian child's tribe where substitute parental care is 
provided for an Indian child as defined in the Indian Child Welfare Act, 25 United States 
Code, Section 1901, et seq. 
4.  Children's residential care facility. "Residential child Children's residential care 
facility" means a children's home facility that provides board and care for one or more 
children on a regular, 24-hour a day, residential basis.  For purposes of this section, the 
definition of "children" includes a person under 21 years of age.  A children's residential 
child care facility does not mean a family foster home, a specialized children's home or an 
emergency children's shelter facility. The term includes, but is not limited to:  
B.  An approved treatment facility under Title 5, section 20003, subsection 3; 
C.  A drug treatment center under section 8001; and 
E.  A residential facility under Title 34-B, section 1431.; and 
F.  A children's residential treatment facility with secure capacity. 
4-A.  Shelter for homeless children.  "Shelter for homeless children" means an 
emergency shelter a facility designed to provide for the overnight lodging and supervision 
of children 10 years of age or older for no more than 30 consecutive overnights.  For 
purposes of this section, the definition of "children" includes a person under 21 years of 
age. 
4-B.  Children's residential treatment facility with secure capacity.  "Residential 
Children's residential treatment facility with secure capacity" means a children's home 
residential care facility that provides a mental health intensive treatment program to a 
child whose diagnostic assessment indicates that the persistent pattern of the child's 
mental health presents a likely threat of harm to self or others and requires treatment in a 
setting that prevents the child from leaving the program.  For purposes of this section, the 
definition of "children" includes a person under 21 years of age. 
5.  Specialized children's home. "Specialized children's home" means a children's 
home where care is provided to no more than 4 moderately to severely handicapped 
children by a caretaker who is specifically educated and trained to provide for the 
particular needs of each child placed. The total number of children in a specialized 
children's home may not exceed 4, including the caretaker's legal children under 16 years 
of age, with no more than 2 children under the age of 2. 
Sec. 9.  22 MRSA §8102, sub-§1, as amended by PL 2003, c. 673, Pt. V, §3 and 
affected by §29, is further amended to read: 
1.  Rules. The department shall adopt rules for the various levels of children's homes 
residential care facilities, including, but not limited to, facilities that are private 
nonmedical institutions, in conformity with the Maine Administrative Procedure Act, 
Title 5, chapter 375.  Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.  The rules must be designed to protect the 
health, safety, well-being and development of children and must include, but are not 
limited to: 
A.  The number and qualifications of staff; 
B.  Rights and responsibilities of parents, children and staff; 
C.  The nature, provision, documentation and management of programs of care or 
treatment; and 
D.  The physical environment. 
Sec. 10.  22 MRSA §8107, sub-§4, as enacted by PL 2007, c. 320, §1, is amended 
to read: 
4.  Parents of children receiving services.  Adult parents may reside with their 
children in a children's residential child care facility in order to facilitate the care of the 
child when the department has determined it to be in the best interest of the child. 
Sec. 11.  26 MRSA §2164, sub-§3, as amended by PL 2009, c. 628, §1, is further 
amended to read: 
3.  Certification.  Participants who complete training under this section with a 
200-hour 180-hour curriculum approved by the Department of Health and Human 
Services to include both theoretical and practical training receive a statewide certificate 
granted by the Department of Health and Human Services.  This certificate or a certificate 
issued under subsection 4 is required for employment as an activities coordinator in this 
State after December 31, 1993, except that a person employed as an activities coordinator 
on October 9, 1991 who has completed a training program approved by the Department 
of Health and Human Services is not required to obtain a certificate under this section. 
SUMMARY 
This bill accomplishes the following. 
1.  To comply with federal requirements, it provides that the survey interval may be 
up to 15 months for intermediate care facilities for persons with intellectual disabilities. 
2.  It requires the Department of Health and Human Services to adopt routine 
technical rules necessary to license intermediate care facilities for persons with 
intellectual disabilities. 
3.  It changes the designation for most rules for licensed assisted housing programs 
from major substantive to routine technical. 
4.  It changes definitions relating to children's homes by replacing the term 
"residential child care facility" with "children’s residential care facility," replacing the 
term "emergency shelter" with "emergency children's shelter" and replacing the term 
"residential treatment facility with secure capacity" with "children's residential treatment 
facility with secure capacity." 
5.  It specifies that the Department of Health and Human Services is required to adopt 
rules for various levels of children's residential care facilities.  Current law requires the 
department to adopt rules for various levels of children's homes. 
6.  It reduces training requirements for the certification of activity coordinators in 
long-term care facilities from 200 hours to 180 hours.