An Act to Reduce Child Care Provider Regulation
Maine Legislature, Session 131, LD 1729
Committee: Health and Human Services
Sponsors: MOORE, BRAKEY, JAVNER, GUERIN, KEIM, FREDERICKS
Amends: 5 MRSA §12004-G, 22 MRSA §8371, 22 MRSA §3737, 22 MRSA §3762, 22 MRSA §3782-A, 22 MRSA §3931, 22 MRSA §8301-A, 22 MRSA §8302-A, 22 MRSA §8357, 22 MRSA §9057

Legislative Document
No. 1729
S.P. 693
In Senate, April 20, 2023
An Act to Reduce Child Care Provider Regulation
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MOORE of Washington.
Cosponsored by Senator BRAKEY of Androscoggin, Representative JAVNER of Chester and
Senators: GUERIN of Penobscot, KEIM of Oxford, Representative: FREDERICKS of 
Sanford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-G, sub-§5-B is enacted to read:
5-B.   
Child Care 
Child Care Appeal Review Panel 
Not Authorized 
MRSA 
§8371 
Sec. 2.  22 MRSA §3737, sub-§3, as amended by PL 2021, c. 138, §1, is repealed.
Sec. 3.  22 MRSA §3737, sub-§4, as enacted by PL 2017, c. 412, §1, is amended to 
read:
4.  Child care rates.  The department shall establish payment rates for child care 
services that are up at least equal to the 75th percentile of local market rates for the various 
categories of child care services.  The payment rates for child care services for children 
with special needs may must be higher than the 75th percentile of local market rates.
Sec. 4.  22 MRSA §3737, sub-§5 is enacted to read:
5.  Choice of provider.  The recipient of a child care subsidy may pay the difference 
between the amount of the subsidy provided by the department and the amount charged by 
a provider of child care services.
Sec. 5.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by amending subparagraph (9), division (c) to read:
(c)  If an ASPIRE-TANF recipient does not respond or notifies the department 
of the choice to have the child care assistance paid directly to the child care 
provider from the total benefit package, the department shall pay the child care 
assistance directly to the designated child care provider for the recipient.  The 
department shall pay the balance of the total benefit package to the recipient;.
Sec. 6.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by enacting a new subparagraph (9), division (d) to read:
(d)  An ASPIRE-TANF recipient may choose to pay the difference between 
the total benefit package and the amount charged by a designated child care 
provider for child care assistance.
If authorized by the ASPIRE-TANF recipient, the department shall notify the 
designated child care provider of the ASPIRE-TANF recipient's eligibility for 
child care assistance, any changes to eligibility, including renewals and 
information requests, and advance notice of no less than 4 weeks of 
ineligibility;
Sec. 7.  22 MRSA §3762, sub-§8, ¶E, as repealed and replaced by PL 2017, c. 412, 
§3, is amended to read:
E.  The department shall establish payment rates for child care services that are up at 
least equal to the 75th percentile of local market rates for the various categories of child 
care services.  The payment rates for child care services for children with special needs 
may must be higher than the 75th percentile of local market rates.
Sec. 8.  22 MRSA §3782-A, sub-§5, ¶A, as enacted by PL 2017, c. 412, §4, is 
amended to read:
A.  The department shall establish payment rates for child care services that are up at 
least equal to the 75th percentile of local market rates for the various categories of child 
care services.  The payment rates for child care services for children with special needs 
may must be higher than the 75th percentile of local market rates.
Sec. 9.  22 MRSA §3782-A, sub-§5, ¶C is enacted to read:
C.  An ASPIRE-TANF program participant may choose to pay the difference between 
the total benefit package provided by the department and the amount charged by a 
designated child care provider for child care assistance.
Sec. 10.  22 MRSA §3931, sub-§10, ¶B, as enacted by PL 2021, c. 457, §2, is 
amended to read:
B.  Must be in good standing with the department's division of licensing and 
certification; and
Sec. 11.  22 MRSA §3931, sub-§10, ¶C, as enacted by PL 2021, c. 457, §2, is 
repealed.
Sec. 12.  22 MRSA §8301-A, sub-§1-A, as amended by PL 2021, c. 35, §17, is 
further amended to read:
1-A.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Child care center" means:
(1)  A house or other place in which a person maintains or otherwise carries out a 
regular program, for consideration, for any part of a day providing care and 
protection for 13 or more children under 13 years of age; or
(2)  Any location or locations operated as a single child care program or by a person 
or persons when there are more than 12 children being cared for.
B.  "Child care facility" means a child care center, small child care facility or nursery 
school.  "Child care facility" does not include a facility operated by a family child care 
provider, a youth camp licensed under section 2495, programs offering instruction to 
children for the purpose of teaching a skill such as karate, dance or basketball, a formal 
public or private school in the nature of a kindergarten or elementary or secondary 
school approved by the Commissioner of Education in accordance with Title 20‑A or 
a private school recognized by the Department of Education as a provider of equivalent 
instruction for the purpose of compulsory school attendance.  Any program for children 
under 5 years of age that is located in a private school and programs that contract with 
one or more Child Development Services System sites are required to be licensed as a 
child care facility.
C.  "Family child care provider" means a person who provides day care in that person's 
home on a regular basis, for consideration, for 3 5 to 12 children under 13 years of age 
who are not the children of the provider or who are not residing in the provider's home.  
If a provider is caring for children living in that provider's home and is caring for no 
more than 2 4 other children, the provider is not required to be licensed as a family 
child care provider.
D.  "Nursery school" means a house or other place in which a person or combination 
of persons maintains or otherwise carries out for consideration during the day a regular 
program that provides care for 3 5 or more children 33 months of age or older and 
under 8 years of age, provided that as long as:
(1)  No session conducted for the children is longer than 3 1/2 hours in length;
(2)  No more than 2 sessions are conducted per day;
(3)  Each child in attendance at the nursery school attends only one session per day; 
and
(4)  No hot meal is served to the children.
"Nursery school" does not include any facility operated as a child care center or small 
child care facility licensed under subsection 2, a youth camp licensed under section 
2495 or a public or private school in the nature of a kindergarten approved by the 
Commissioner of Education, in accordance with Title 20‑A.
E.  "Small child care facility" means a house or other place, not the residence of the 
operator, in which a person or combination of persons maintains or otherwise carries 
out a regular program, for consideration, for any part of a day providing care and 
protection for 3 5 to 12 children under 13 years of age.
Sec. 13.  22 MRSA §8301-A, sub-§2, as amended by PL 2005, c. 640, §2, is further 
amended to read:
2.  Child care facility licensure.  The owner or operator of a child care facility shall 
pay the licensing fee required under section 8303‑A.  A child care facility must be licensed 
under this chapter and must comply with the rules adopted by the commissioner under 
section 8302‑A and the fire safety requirements of section 8304‑A.  The department shall 
make at least one unannounced inspection of a child care facility licensed under this chapter 
during the term of the license.  The inspection must take place between 6 and 18 months 
after the issuance of the license.  Except as otherwise provided, a nursery school must meet 
the requirements of this chapter and chapter 1675.  A licensed child care facility that has 
been continuously in operation for at least 5 years and has completed satisfactory 
inspections pursuant to this subsection is, at the facility's next renewal, eligible for a license 
for a term of 5 years.
Sec. 14.  22 MRSA §8301-A, sub-§3, as amended by PL 2021, c. 35, §18, is further 
amended to read:
3.  Family child care provider licensure.  A family child care provider shall pay the 
licensing fee required under section 8303‑A.  A family child care provider must be licensed 
under this chapter and shall comply with the rules adopted by the commissioner under 
section 8302‑A and the fire safety requirements of section 8304‑A.  The department shall 
make at least one unannounced inspection of a family child care provider licensed under 
this chapter during the term of the license.  The inspection must take place between 6 and 
months after the issuance of the license.  A licensed family child care provider that has 
been continuously in operation for at least 5 years and has completed satisfactory 
inspections pursuant to this subsection is, at the provider's next renewal, eligible for a 
license for a term of 5 years.
Sec. 15.  22 MRSA §8301-A, sub-§4, as amended by PL 2021, c. 35, §19, is further 
amended to read:
4.  Complaints.  Upon receipt of a complaint about a licensed child care facility or 
family child care provider and if the department has reasonable cause to suspect that a 
violation of the licensure requirements has occurred, the department may investigate the 
complaint and enter the premises at any reasonable time for the purposes of the 
investigation.  The inspection may only relate to the complaint.
Sec. 16.  22 MRSA §8302-A, first ¶, as amended by PL 2005, c. 530, §8, is further 
amended to read:
The commissioner shall adopt rules for child care facilities and family child care 
providers according to this section.  Nursery schools are subject to the requirements of 
chapter 1675 and this section, except that subsection 1, paragraph F does not apply to 
nursery schools.
Sec. 17.  22 MRSA §8302-A, sub-§1, ¶F, as enacted by PL 1997, c. 494, §10 and 
affected by §15, is repealed.
Sec. 18.  22 MRSA §8302-A, sub-§2, ¶D-1, as enacted by PL 2021, c. 35, §22, is 
repealed.
Sec. 19.  22 MRSA §8357, sub-§5, as enacted by PL 2015, c. 283, §3, is repealed.
Sec. 20.  22 MRSA c. 1674-A is enacted to read:
CHAPTER 1674-A
CHILD CARE APPEAL REVIEW PANEL
§8371.  Child Care Appeal Review Panel
The Child Care Appeal Review Panel, established by Title 5, section 12004-G, 
subsection 5-B, referred to in this chapter as "the review panel," shall review disputes 
between the department and a child care facility, as defined in section 8301-A, subsection 
1-A, paragraph B, a family child care provider as defined in section 8301-A, subsection 
1-A, paragraph C or a nursery school as defined in section 8301-A, subsection 1-A, 
paragraph D, collectively referred to in this chapter as "the facility," relating to compliance 
with licensing complaints and disputes.  The review panel may not review investigations 
of out-of-home child abuse and neglect.
1.  Membership.  The review panel has 10 voting members appointed by the Governor 
as follows:
A.  Three early childhood professionals;
B.  One pediatric health care professional;
C.  One parent of a child in a child care facility as defined in section 8301-A, subsection 
1-A, paragraph B or family child care provider as defined in section 8301-A, subsection 
1-A, paragraph C; and
D.  Five members representing a range of facilities from different geographic areas of 
the State.
The director of the department's Division of Licensing and Regulatory Services or the 
director's designee shall chair the review panel and is a nonvoting member.
2.  Legal counsel.  The Office of the Attorney General shall provide legal counsel for 
the review panel.
3.  Terms.  Voting members of the review panel are appointed for 5-year terms. A 
voting member of the review panel appointed to fill a vacancy occurring other than by 
expiration of a term is appointed only for the unexpired term.
4.  Duties.  The review panel shall review disputes between the department and a 
facility. The review panel shall, as it considers necessary, review records and conduct 
interviews or inspections, make a determination of fault and, if necessary, determine 
appropriate action to be taken by the department or the facility.  Determinations of the 
review panel subject to appeal in accordance with the Maine Administrative Procedure Act 
include the following:
A.  Revocation or suspension of a license to operate a facility;
B.  Denial of an application for a license to operate a facility;
C.  Conversion of a license from regular to conditional status;
D.  Resolution of a dispute between a facility and the department concerning 
compliance with rules; and
E.  Denials of alternative compliance requests.
5.  Timely review of disputes.  A facility that is aggrieved by a decision by the 
department shall file a request for the review panel to review the dispute within 30 days of 
receiving the decision by the department. The review panel shall schedule an initial meeting 
to review the dispute within 14 days of a request by a facility. A final decision on the 
dispute must be made no later than 30 days after the review panel has met to review the 
dispute.  Any review conducted by the review panel must be conducted in accordance with 
Title 5, chapter 375, subchapter 4.
6.  Authority.  The department and the facility shall abide by the final decision by the 
review panel.
Sec. 21.  22 MRSA §9057, sub-§4, as enacted by PL 2015, c. 299, §25, is amended 
to read:
4.  Conditional employment.  In accordance with subsection 2, an employer may 
employ an individual as a direct access worker on a conditional basis for up to 60 calendar 
days, or in a child care facility for up to 90 days, before the employer receives a final 
background check report or from the date the employer receives a disqualifying 
background report on the following conditions:
A.  The employer initiates the background check by entering the individual into the 
Background Check Center database as a conditionally employed worker;
B.  The individual is not identified in the Background Check Center database as a 
disqualified person based on an earlier background check;
C.  The individual has agreed to submit to the steps necessary to comply with this 
chapter, including taking substantial steps toward correcting inaccurate data in the 
disqualifying background check report if applicable;
D.  The individual signs a statement declaring that a background check will not reveal 
a disqualifying offense or that an offense that appears is inaccurate;
E.  The employer verifies and documents that the individual has submitted the 
mandatory identity verification and employment eligibility documents required by 
rules adopted in accordance with this chapter; and
F.  The individual is subject to direct personal supervision during the course of the 
conditional employment as described in rules adopted pursuant to this chapter.
Sec. 22.  Department of Health and Human Services to develop welfare cliff 
plan.  The Department of Health and Human Services shall develop a plan for a sliding 
scale of income and subsidy to eliminate the so-called welfare cliff as it relates to child care 
subsidies so that an individual continues to receive some amount of subsidy for a period of 
time after reaching certain income thresholds. The department shall report the plan to the 
Joint Standing Committee on Health and Human Services no later than December 6, 2023. 
The committee is authorized to report out a bill regarding the plan to eliminate the welfare 
cliff to the Second Regular Session of the 131st Legislature.
Sec. 23.  Department of Health and Human Services to amend child care 
facility rules.  No later than January 1, 2024, the Department of Health and Human 
Services shall amend its rule in 10-148 C.M.R. Chapter 32, Child Care Facility Licensing 
Rule-Child Care Centers, Nursery Schools, Small Child Care Facilities, Other Programs 
to:
1.  Eliminate the requirement for a minimum space of 35 square feet per child;
2.  Allow for extenuating circumstances when child care facilities cannot meet staff-
child ratios to allow for unusual circumstances as long as the facility documents the 
situation;
3.  Change the staff-child ratios as follows: one staff person to 6 infants up to 12 months 
of age with a maximum of 10 children in the room; one staff person to 7 children 12 months 
to up to 24 months of age with a maximum of 12 children in the room; one staff person to 
children 24 months to up to 36 months of age with a maximum of 20 children in the 
room; one staff person to 18 children 36 months to up to 4 years of age with a maximum 
of 30 children in the room; one staff person to 20 children 4 years to up to 5 years of age 
with a maximum of 36 children in the room; and one staff person to 25 children 5 years of 
age and older with no maximum for children in the room.  Staff employed on a conditional 
basis pursuant to the Maine Revised Statutes, Title 22, section 9057, subsection 4 are 
included as staff for the purpose of calculating the staff-child ratios. The ratio for children 
of mixed ages should be an average of the groups for staff-child ratios;
4.  Allow for a change in staff-child ratios when a child is within 6 months of the age 
that would result in lower staff-child ratios as long as the change is developmentally 
appropriate for the child;
5.  Remove the authority of the department to post inspection reports and reports of 
violations on the department's publicly accessible website except for criminal and child 
abuse reports. Criminal and child abuse reports may be posted only after any appeals 
process has been completed;
6.  Require the department to act in a respectful manner when posting or removing a 
plan to address violations;
7.  Require the department to provide the child care facility with a copy of all notes 
relating to an inspection or investigation prior to leaving the facility;
8.  Allow a child care facility access to all records kept by the department relating to 
that child care facility at no cost to the facility and in a timely fashion;
9.  Require the department to notify a child care facility of any information regarding 
the facility that is shared with parents, the public or the media for any reason, including a 
freedom of access request or inquiries related to posted or unposted information about the 
facility;
10.  Require that persons conducting inspections for the department provide one hour 
of advance notice to the director and owner of the child care facility of the intention to 
conduct an inspection;
11.  Require the department to notify a child care facility if the individual who regularly 
inspects the facility changes;
12.  Allow a child care facility license to be issued to a corporation;
13.  Set licensing fees for 5-year licenses at 150% of the 2-year license fee;
14.  Require the department to refund a license fee if the department does not issue the 
license;
15.  Remove the requirement for the department to be notified of a change in director 
at a child care facility;
16.  Remove the requirement for references to be supplied to the department for a 
license application;
17.  Remove the requirement for personnel files of the director, owner, administrator, 
staff members and volunteers to include references;
18.  Remove the requirement for the child care facility to provide extra clothing for 
preschool-aged children;
19.  Remove requirements for the specific types of food provided in child care facilities;
20.  Remove the requirement that dishes and nursing bottles must be made of 
unbreakable materials; and
21.  Remove requirements for staff qualifications at child care facilities.
Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 24.  Department of Health and Human Services to amend family child 
care provider rules.  No later than January 1, 2024, the Department of Health and 
Human Services shall amend its rule in 10-148 C.M.R. Chapter 33, Family Child Care 
Provider Licensing Rule to make the following changes:
1.  Define an infant as 0 months to up to 12 months of age and a toddler as one year to 
up to 3 years of age for the purposes of staff-child ratios;
2.  Change the staff-child ratios as follows: one staff person to 6 infants up to 12 months 
of age with a maximum of 10 children in the room; one staff person to 7 children 12 months 
to up to 24 months of age with a maximum of 12 children in the room; one staff person to 
children 24 months to up to 36 months of age with a maximum of 20 children in the 
room; one staff person to 18 children 36 months to up to 4 years of age with a maximum 
of 30 children in the room; one staff person to 20 children 4 years to up to 5 years of age 
with a maximum of 36 children in the room; and one staff person to 25 children 5 years of 
age and older with no maximum for children in the room.  The ratio for children of mixed 
ages should be an average of the groups for staff-child ratios;
3.  Allow for a change in staff-child ratios when a child is within 6 months of the age 
that would result in lower staff-child ratios as long as the change is developmentally 
appropriate for the child;
4.  Remove the authority of the department to post inspection reports and reports of 
violations on the department's publicly accessible website except for criminal and child 
abuse reports;
5.  Require the department to act in a respectful manner when posting or removing a 
plan to address violations;
6.  Require the department to provide the family child care provider with a copy of all 
notes relating to an inspection or investigation prior to leaving the premises of the family 
child care provider;
7.  Allow a family child care provider access to all records kept by the department 
relating to that family child care provider at no cost to the family child care provider and 
in a timely fashion;
8.  Require the department to notify a family child care provider of any information 
regarding the family child care provider that is shared with parents, the public or the media 
for any reason, including a freedom of access request or inquiries related to posted or 
unposted information about the family child care provider;
9.  Require that persons conducting inspections for the department provide one hour of 
advance notice to the director and owner of a family child care provider of the intention to 
conduct an inspection. For a family child care provider, the department must give 2 hours 
of advance notice to allow the family child care provider to bring in a support witness;
10.  Require the department to notify a family child care provider if the individual who 
regularly inspects the family child care provider changes;
11.  Allow a family child care provider license to be issued to a corporation;
12.  Set licensing fees for 5-year licensing at 150% of the 2-year license fee;
13.  Require the department to refund a licensing fee if the department does not issue 
the license;
14.  Remove the requirement for references to be supplied to the department for a 
license application;
15.  Remove the requirement for the family child care provider to provide extra clothing 
for preschool-aged children;
16.  Remove requirements for the specific types of food provided by family child care 
providers; and
17.  Remove the requirement that dishes and nursing bottles be made of unbreakable 
materials.
Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 25.  Staggered terms of Child Care Appeal Review Panel.  
Notwithstanding the Maine Revised Statutes, Title 22, section 8371, subsection 3, of the 
members first appointed by the Governor to the Child Care Appeal Review Panel 
pursuant to Title 22, section 8371, subsection 1, the Governor shall designate one member 
whose term is one year, one member whose term is 2 years, one member whose term is 3 
years and one member whose term is 4 years. The remaining members serve 5-year terms.
SUMMARY
This bill amends the laws related to child care providers as follows. 
1.  It establishes the Child Care Appeal Review Panel to review and make 
determinations of disputes between the Department of Health and Human Services and a 
child care facility, family child care provider or nursery school relating to compliance with 
licensing or certification, complaints and disputes.
2.  It requires the department to establish payment rates for child care services that are 
at least equal to the 75th percentile of local market rates and requires that payment rates for 
child care services for children with special needs be higher than the 75th percentile.
3.  It establishes a license for a period of 5 years to a child care facility or family child 
care provider that has been continuously in operation for at least 5 years and has completed 
satisfactory inspections.
4.  It limits an inspection as a result of a complaint to the substance of the complaint.
5.  It authorizes conditional employment for up to 90 days for an individual working in 
a child care facility.
6.  It authorizes a recipient of a child care subsidy provided by the department to pay 
the difference between the amount of the subsidy and the amount charged by the child care 
provider.
7.  It amends the definitions of "family child care provider," "nursery school" and 
"small child care facility" to increase the minimum number of children from 3 to 5.
8.  It removes the authority of the department to publish certain information regarding 
an investigation on the department's publicly accessible website.
9.  It requires the department to develop a plan for a sliding scale of income and subsidy 
to eliminate the so-called welfare cliff.
10.  It requires the department to amend its rules for child care facilities and family 
child care providers in order to change staff-child ratios and change requirements relating 
to inspections and the licensing process, among other changes.