An Act to Make Corrections and Updates to the Laws Affecting Children and Families
Maine Legislature, Session 131, LD 2154
Committee: Health and Human Services
Sponsors: MEYER
Amends: 18-C MRSA §9, 22 MRSA §3931, 22 MRSA §8301-A

Legislative Document
No. 2154
H.P. 1378
House of Representatives, January 3, 2024
An Act to Make Corrections and Updates to the Laws Affecting 
Children and Families
Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §9-403, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is repealed.
Sec. 2.  22 MRSA §3931, sub-§15, as enacted by PL 2021, c. 457, §2, is amended 
to read:
15.  Rules.  The department shall may adopt rules to carry out the purposes of this 
chapter.  Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2‑A.
Sec. 3.  22 MRSA §8301-A, sub-§1-A, ¶B-1 is enacted to read:
B-1.  "Emergency circumstances" means a situation in which the department 
determines there are extenuating and urgent circumstances that necessitate a family 
child care provider's or child care facility's having to relocate or the establishment of a 
new family child care provider or child care facility. "Emergency circumstances" 
includes, but is not limited to, a situation affecting the home or child care facility such 
as a natural disaster, contamination, fire, water damage, unsafe environmental 
conditions, a pandemic or the unplanned closure of another family child care provider 
or child care facility.
Sec. 4.  22 MRSA §8301-A, sub-§6, as amended by PL 2021, c. 35, §21, is 
repealed.
Sec. 5.  22 MRSA §8301-A, sub-§6-A is enacted to read:
6-A.  Temporary license.  The department may issue a temporary license to a licensed 
child care facility or family child care provider in a new location or to a new child care 
facility or family child care provider.  The department may issue a temporary license, which 
is valid pending final action on the application by the department, only under the following 
conditions:
A. The licensed child care facility or family child care provider moves to a new location 
and:
(1) All applicable standards have been met except a requirement that is dependent 
on the action of an agency of State Government or a contractor of that agency; and
(2)  Through no action by the child care facility or family child care provider that 
causes a significant delay, timely issuance of a provisional or full license has been 
delayed by the agency or contractor under subparagraph (1); or
B.  Due to emergency circumstances, the licensed child care facility or family child 
care provider moves to a new location or a new child care facility or family child care 
provider is established and the department determines that:
(1) The child care facility or family child care provider has completed a criminal 
background check as required by rules adopted pursuant to section 8302-A, 
subsection 1, paragraph J and section 8302-A, subsection 2, paragraph K;
(2) The child care facility or family child care provider is eligible to provide child 
care; and
(3) A preliminary evaluation of the facility or home finds that all applicable laws 
and rules relating to minimum standards of health and safety have been met.
SUMMARY
This bill makes changes to the laws governing adoption subsidy and child care. The 
bill:
1.  Removes the requirement of an annual redetermination for adoption assistance;
2.  Allows, instead of requires, the Department of Health and Human Services to adopt 
rules implementing the First 4 ME Early Care and Education Program; and
3.  Allows the department to issue temporary licenses for licensed family child care 
providers and child care facilities that need to relocate due to emergency circumstances or 
to new family child care providers and child care facilities established due to emergency 
circumstances and provides a definition of "emergency circumstances."