An Act To Implement the Recommendations of the Working Group To Study Background Checks for Child Care Facilities and Providers
Maine Legislature, Session 128, LD 0274
Committee: Health and Human Services
Sponsors: McCREIGHT, HILL, BAILEY, BERRY, GINZLER, GUERIN, HERRICK, RECKITT, SHERMAN, TUCKER
Amends: 22 MRSA §8302-A, 22 MRSA §8302-B

Legislative Document
No. 274
H.P. 207
House of Representatives, January 31, 2017
An Act To Implement the Recommendations of the Working Group 
To Study Background Checks for Child Care Facilities and 
Providers
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator HILL of York and
Representatives: BAILEY of Saco, BERRY of Bowdoinham, GINZLER of Bridgton, 
GUERIN of Glenburn, HERRICK of Paris, RECKITT of South Portland, SHERMAN of 
Hodgdon, TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §8302-A, sub-§1, ¶G, as amended by PL 2001, c. 645, §7, is 
repealed. 
Sec. 2.  22 MRSA §8302-A, sub-§1, ¶J, as enacted by PL 2015, c. 497, §2, is 
repealed and the following enacted in its place: 
J.  Requiring a criminal background check that meets the requirements of 42 United 
States Code, Section 9858f(b) for each child care staff member.  For the purposes of 
this paragraph, "child care staff member" means an individual, other than an 
individual who is related to all children for whom child care services are provided: 
(1)  Who is employed by a child care facility for compensation, including a 
contract employee or self-employed individual; or 
(2) Whose activities involve the care or supervision of children for a child care 
facility or unsupervised access to children who are cared for or supervised by a 
child care facility. 
Sec. 3.  22 MRSA §8302-A, sub-§2, ¶I, as amended by PL 2015, c. 497, §3, is 
further amended to read: 
I.  Procedures for waivers of rules and for suspension and revocation of certification; 
and 
Sec. 4.  22 MRSA §8302-A, sub-§2, ¶J, as amended by PL 2015, c. 497, §3, is 
repealed. 
Sec. 5.  22 MRSA §8302-A, sub-§2, ¶K, as enacted by PL 2015, c. 497, §3, is 
repealed and the following enacted in its place: 
K.  Requiring a criminal background check that meets the requirements of 42 United 
States Code, Section 9858f(b) for a family child care provider and each child care 
staff member.  For the purposes of this paragraph, "child care staff member" means 
an individual, other than an individual who is related to all children for whom child 
care services are provided: 
(1) Who is employed by a family child care provider for compensation, including 
a contract employee or self-employed individual;  
(2) Whose activities involve the care or supervision of children for a family child 
care provider or unsupervised access to children who are cared for or supervised 
by a family child care provider; or 
(3) Who is 18 years of age or older and who resides in the home of a family child 
care provider. 
Sec. 6.  22 MRSA §8302-B, sub-§1, as enacted by PL 1997, c. 494, §11 and 
affected by §15, is amended to read: 
1.  Investigation.  The provider and any child care staff members of the provider 
must pass a criminal background investigation check by the State Bureau of 
Investigation, a check for involvement with child protective services and a motor vehicle 
record check that complies with the rules adopted by the department for family child care 
providers pursuant to section 8302-A, subsection 2, paragraph K. 
SUMMARY 
This bill implements the recommendations of the Working Group To Study 
Background Checks for Child Care Facilities and Providers.  The bill clarifies 
requirements for criminal background checks for child care providers and child care staff 
members.