An Act Regarding Rules Governing Family Child Care Provider Licensing
Maine Legislature, Session 128, LD 1748
Committee: Health and Human Services
Sponsors: MILLETT, POULIOT, CARSON, DIAMOND, LANGLEY, MAKER, FARNSWORTH, GATTINE
Amends: 22 MRSA §7702-A, 22 MRSA §8302-A

Legislative Document
No. 1748
S.P. 647
In Senate, December 22, 2017
An Act Regarding Rules Governing Family Child Care Provider 
Licensing
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative POULIOT of Augusta and
Senators: CARSON of Cumberland, DIAMOND of Cumberland, LANGLEY of Hancock, 
MAKER of Washington, Representatives: FARNSWORTH of Portland, GATTINE of 
Westbrook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §7702-A, sub-§3, ¶C, as amended by PL 2015, c. 497, §1, is 
further amended to read:
C.  Section 8302-A, subsection 1, paragraphs B to J and subsection 2, paragraphs A 
to F and H to K L.
Sec. 2.  22 MRSA §8302-A, sub-§2, as amended by PL 2015, c. 497, §3, is 
further amended to read:
2.  Rules for family child care providers.  Rules for 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 
children are cared for;
F.  Ongoing training for providers on health and safety issues, including training on 
communicable diseases.  This training must be offered at times that are convenient to 
the providers;
G.  Child to staff Child-to-staff ratios.  The child-to-staff ratio for toddlers must be 
the same as the child-to-staff ratio for infants;
H.  Health and safety of the children and staff;
I.  Procedures for waivers of rules and for suspension and revocation of certification; 
J.  The age, criminal record and personal history of the family child care provider, 
staff and members of the household; and
K.  Requiring a criminal background check for:
(1)  The family child care provider;
(2)  Each child care staff member whose activities involve the care or supervision 
of children; and
(3)  Each adult who has unsupervised access to children who are cared for or 
supervised by the family child care provider.
The criminal background check must meet the requirements of 42 United States 
Code, Section 9858f(b).; and
L.  The quality of the program provided.
Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 
5, chapter 375, subchapter 2-A and rules adopted pursuant to paragraphs G to K this 
subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
For the purposes of this subsection, "infant" means a child 6 weeks of age or older and 
under 13 months of age and "toddler" means a child 13 months of age or older and under 
months of age.
Sec. 3.  
Family child care provider licensing rule amendments.  
Notwithstanding anything to the contrary in the Maine Revised Statutes, Title 5, chapter 
and Title 22, within 30 days after the effective date of this Act, the Department of 
Health and Human Services shall amend its rule Chapter 33: Family Child Care Provider 
Licensing Rule to:
1.  Prior rule provisions.  Include provisions that are identical in substance to the 
following sections in the version of rule Chapter 33 that was in effect on September 15, 
2017:
A.  Sections 6.2.1, 6.2.2 and 6.2.4, relating to parent involvement;
B.  Section 6.1.2, relating to the availability of copies of the rule;
C.  Sections 7.1 to 7.10, relating to rights for children in family child care programs;
D.  Section 10.1.4, relating to the ages of children living with the provider who are 
counted in the staff-to-child ratio; and
E.  Sections 6.3.5, 7.9 and 7.12, relating to, respectively, compliance with the federal 
Americans with Disabilities Act of 1990, rights to a service plan and reasonable 
modifications and accommodations;
2.  Infant, toddler and preschool child; definitions.  In section 1.B, define "infant" 
to mean a child 6 weeks of age or older and under 13 months of age, "toddler" to mean a 
child 13 months of age or older and under 30 months of age and "preschool child" to 
mean a child 30 months of age or older and under 5 years of age;
3.  CPR, first aid and mandated reporter training.  In section 9.C, require 
providers to complete cardiopulmonary resuscitation, first aid and mandated reporter 
training within 30 days of employment; and
4.  Provider age.  In section 2.A.2, require providers to be at least 18 years of age.
SUMMARY
This bill requires the Department of Health and Human Services to amend its rule 
Chapter 33: Family Child Care Provider Licensing Rule to include provisions relating to 
parent involvement, the availability of copies of the rule, rights for children, the ages of 
children living with a provider who are counted in the staff-to-child ratio, compliance 
with the federal Americans with Disabilities Act of 1990, reasonable modifications and 
accommodations and rights to a service plan that are identical in substance to the rule 
Chapter 33 that was in effect on September 15, 2017.  It defines the terms "infant," 
"toddler" and "preschool child," requires providers to complete cardiopulmonary 
resuscitation, first aid and mandated reporter training within 30 days of employment and 
requires providers to be at least 18 years of age.  It requires the child-to-staff ratio for 
toddlers to be the same as the child-to-staff ratio for infants.  It requires the department to 
adopt rules pertaining to the quality of the program provided.  It provides that rules for 
family child care providers adopted by the department are major substantive rules.