Resolve, Regarding Legislative Review of Portions of Chapter 33: Rule Relating to the Licensing of Family Child Care Providers, a Major Substantive Rule of the Department of Health and Human Services, Maine Center for Disease Control and Prevention
Maine Legislature, Session 128, LD 1661
Committee Amendment CA_A_H675 (House)

COMMITTEE AMENDMENT «I} "to H.P. 1146, L.D. 1661, "Resolve, Regarding 
Legislative Review of Portions of Chapter 33: Rule Relating to the Licensing of Family 
Child Care Providers, a Major Substantive Rule of the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention" 
Amend the resolve in section 1 in the last line (page 1, line 19 in L.D.) by striking out 
the following: "authorized." and inserting the following: 'authorized only if:' 
Amend the resolve in section 1 by adding at the end the following: 
'1. The requirement that providers must share information with parents regarding 
policies of parental visitation at the child care site in Section 5 .C.11.b is removed from 
that section and a requirement that providers must allow parents to be able to visit and 
observe any time during the hours of operation is added to the rule; 
2. In Section 8.A of the rule, the language stating that provider-child ratios are not 
based on the developmental stages in the definition section is removed; 
3. In Section 8.A.1 of the rule, the ratios for mixed ages for one provider include the 
ratio of 8 children aged 2 to 5 years and 2 children aged more than 5 years; 
4. In Section 8.A.3.a of the rule, the age of the children of the licensee that are 
counted in the provider-child ratio and included in the licensed capacity is changed from 
under the age of 3 to under the age of 4; 
5. In Section 14.E.2.b of the rule, the language requiring climbers, swings and slides 
to be 6 feet from any hard surfaces is removed and replaced with a requirement that the 
climbers, swings and slides be located at a sufficient distance to prevent injury; 
6. In Section 14.E.3 of the rule, the requirement for equipment that exceeds 36 
inches in height is amended to specify that the equipment exceeds 36 inches at the 
climbable or standing surface; 
7. In Section 14.E.3 of the rule, the requirement that the rubber tiles and mats used 
must be approved by the American Society for Testing and Materials is removed; 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT",4,"toH.P. 1146,L.D. 1661 
8. In Section 14.E.3.b of the rule, language is added to include swings with climbers 
and slides; 
9. In Section 14.E.3.b of the rule, the requirement for a minimum amount of 6 inches 
or more of energy-absorbing materials is removed and replaced with a requirement for a 
sufficient amount of energy-absorbing materials to prevent injury; 
10. In Section 14.E.3.c of the rule, the requirement for energy-absorbing materials to 
extend at least 6 feet from the equipment to protect children is removed and replaced with 
a requirement that energy-absorbing materials extend beyond the equipment in all 
directions to prevent injury in the event of a fall; and 
11. In Section 17 .A of the rule, language is added to require that a person assigned 
by a provider to drive children enrolled in care must complete training for transportation 
of children every 2 years.' 
SUMMARY 
This amendment provides that the Department of Health and Human Services may 
finally adopt portions of Chapter 33: Rule Relating to the Licensing of Family Child Care 
Providers, a provisionally adopted major substantive rule of the Department of Health 
and Human Services, Maine Center for Disease Control and Prevention, only if the rule is 
modified to: 
1. Clarify that parents are allowed to visit and observe at the child care site at any 
time the provider is open rather than specifying documentation of the policy for parental 
visitation at the child care site; 
2. Clarify that provider-child ratios are based on ages and not on developmental 
stages; 
3. Clarify that a single provider may care for 8 children aged 2 to 5 years and 2 
children over 5 years old; 
4. Change the age of the children of the licensee being included in provider-child 
ratios from under the age of 3 to under the age of 4; 
5. 
Change the requirement that climbing equipment must be 6 feet from hard 
surfaces to requiring that it be located at a sufficient distance to prevent injury; 
6. Clarify that the 36-inch-high threshold for requiring energy-absorbing materials 
refers to the height of the climbable 01· standing surface and remove the requirement that 
the rubber tiles and mats used beneath the equipment must be approved by the American 
Society for Testing and Materials; 
7. 
Remove the requirement that the depth of energy-absorbing materials around 
climbers and slides be 6 inches or greater and instead require a sufficient amount of 
material to prevent injury, and clarify that the equipment includes swings in addition to 
climbers and slides; 
8. 
Remove requirements that energy-absorbing materials around playground 
equipment extend at least 6 feet in all directions and instead require the materials to 
extend beyond the equipment in all directions to prevent injury in the event of a fall; and 
COMMITTEE AMENDMENT 
A. tf I. 
COMMITTEEAMENDMENT'J "toH.P, 1146,L,D, 1661 
9. Clarify that a person assigned by a provider to drive children enrolled in care must 
complete training for transportation of children every 2 years to match the training 
requirements in other sections of the rule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/09/18 feac 
·,, 
LD 1661 
LR2790(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 33: Rule Relating to the Licensing of 
Family Child Care Providers, a Major Substantive Rule of the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention(} { h I JS\ 
Fiscal Note for Bill as Amended by Committee Amendment 'N' /1- ~ :} 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services to adopt the changes in this bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
LR2790(02) - Fiscal Note - Page 1 of 1