Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-1 - STATEMENT OF PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Statement of Purpose
. The purpose of this rule is to establish
				licensing standards for Child Care Facilities. For purposes of this rule,
				"Child Care Facilities" is defined broadly, per
				22
				M.R.S. §8301-A(1-A)(B),
				to include Child care centers (
				22
				M.R.S. §8301-A(1-A)(A)
				), nursery schools (
				22
				M.R.S. §8301-A(1-A)(D)
				), small Child care facilities (
				22 M.R.S.
				§8301(1-A)(E) ), and
				other programs (
				22
				M.R.S. §8301-A(1-A)(B)
				); where Child Care Facilities is referenced, this rule governs the operations
				of each of those types of entities. Where a provision of this rule applies to
				only one of those types of entities, the rule so states.
This rule is promulgated in accordance with 22 M.R.S.
				  Chapters 1661, 1663, 1673 and 1675 and describes the minimum requirements for
				  the licensing and operation of Child Care Facilities. The rule supports Child
				  Care services that meet Children's psychosocial and developmental needs, while
				  providing a safe, healthy, and secure environment.
B.
Definitions.
As used in this
				rule, unless the context otherwise indicates, the following terms have the
				following meanings:
1.
Abuse or
				Neglect
means a threat to a Child's health or welfare by physical,
				mental or emotional injury or impairment, sexual abuse or exploitation,
				deprivation of essential needs or lack of protection from these, by a person
				responsible for the Child.
2.
Accident
means an incident that results in damage or creates
				observable injuries (scratch, bite mark, scraped knee, first aid given,
				etc.).
3.
Adult
means
				a person 18 years of age and over.
4.
Age-appropriate
means
				activities, materials, curriculum, and environments that are developmentally
				consistent with the chronological age of the Child(ren) being served.
5.
Applicant
means
				any person applying for a License under these Rules.
6.
Attendance Record
means a
				list of the names of the Children who are physically present at the Child Care
				Facility at any given period of time.
7.
Bio-contaminants
are living
				organisms (such as bacteria, enzymes, fungi, viruses) or their products that
				can be hazardous to animal or human health if inhaled, swallowed, or otherwise
				absorbed into the body.
8.
Certified Lifeguard
means a person who holds a current certificate
				in life saving techniques issued by a qualified instructor from a recognized
				organization upon successful completion of a live training.
9.
Child or Children
means a
				person or persons under the age of 13.
10.
Child Care Facility
per
				22
				M.R.S. §8301-A(1-A)(B),
				means a Child care center, nursery school, or small Child care facility, as
				defined in §§8301- A(1-A)(A), (F), and (E), respectively, as well as
				any program for Children under 5 located in a private school and programs that
				contract with one or more Child Development Services Systems sites (
				22
				M.R.S. §8301-A(1-A)(B)
				).
a. A Child Care Facility includes:
i.
Child Care Center
(
				22
				M.R.S. §8301-A(1-A)(A)
				) 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;
ii.
Nursery School
(
				22
				M.R.S §8301-A(D) ). A
				house or other place in which a person provides care for 3 or more Children
				between 33 months and 8 years of age, for a session no longer than three- and
				one-half hours in duration;
iii.
Small Child Care Facility
(
				22
				M.R.S. §8301-A(1-A)(E)
				). A house or other place, not the residence of the operator, in which a person
				maintains or otherwise carries out a regularly scheduled program, for any part
				of a day, providing care and protection for 3 to 12 Children between 6 weeks
				and 12 years of age;
iv.
Other Programs
(
				22
				M.R.S. §8301-A (A-1)(B)). 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 (ie, collaborative Public
				Pre-K programs that include Head Start, Child Development Services, or
				privately funded child care).
b. A Child Care Facility does not include a:
i. Family Child Care Provider (
				22
				M.R.S. §8301-A(1-A)(C)
				);
ii. Residential or overnight
				summer camp established solely for recreational and educational purposes,
				licensed in accordance with 10-144 CMR Chapter 208, Rules Relating to Youth
				Camps, Primitive, and Trip Camping;
iii. Program offering relevant instruction to
				Children for the purpose of teaching a singular skill such as karate, dance or
				basketball;
iv. Private school
				recognized by the Department of Education as a provider of equivalent
				instruction for the purpose of equivalent school attendance; or
v. 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.
11.
Child Care Staff
				Member
means an individual:
a.
(1) Who is employed by a Child Care Facility
				for compensation, including an owner, 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.
b. Child Care
				Staff Member does not include an individual who is related to all Children for
				whom Child care services are provided or a contractor performing maintenance
				and repairs at the Child Care Facility who does not have unsupervised access to
				Children who are cared for or supervised by the Child Care Facility.
12.
Child with special
				needs
means a Child who:
a. Is up to 13
				years of age who has been determined and documented by a qualified professional
				to be a "Child with a disability" as defined in section 602 of the Individuals
				with Disabilities Education Act (
				20
				U.S.C. §
												1401 );
b. Is eligible for early intervention
				services under Part C of the Individuals with Disabilities Education Act (
				20 U.S.C. §§
												1431, et seq.); is eligible for services
				under section 504 of the Rehabilitation Act of 1973 (
				29 U.S.C. §
												701 );
c. Meets the definition of disability under
				the Americans with Disabilities Act of 1990 (ADA) (
				42 U.S.C. §
												12102 ); or
d. Is considered at-risk for health and/or
				developmental problems as a result of established biological risk factors,
				and/or as a result of identified environmental risk factors including, but not
				limited to, homelessness, abuse and/or neglect, lead poisoning, and prenatal
				drug or alcohol exposure.
13.
Clean
means to remove dirt,
				debris, and bodily fluids by scrubbing and washing with a detergent solution
				and rinsing with water.
14.
Consent Agreement
means a written set of stipulations that a Child
				Care Facility will follow as a condition of licensure.
15.
Days
means calendar days,
				unless otherwise stated.
16.
Department
means the Child Care Licensing Unit within the Department of
				Health and Human Services with the responsibility for conducting inspections
				and issuing licenses, unless otherwise specified within this rule.
17.
Developmentally Appropriate
means actions, environment, equipment, supplies, communications,
				interactions, or activities that are based on the individual physical,
				emotional, social, and cognitive needs of each Child in care.
18.
Directed Plan of Action
means a written plan prepared by the Department following an inspection
				or investigation in which violations of this rule have been identified. A
				Directed Plan of Action includes the specific procedures, methods, changes to
				be enacted by the Child Care Facility to correct all areas of noncompliance. A
				Directed Plan of Action also includes the timeframes by which the Child Care
				Facility will come back into compliance.
19.
Director
means the qualified
				individual having responsibility for carrying out policy and administering the
				program.
20.
Discipline
means teaching Children about expectations, guidelines,
				and principles, to maintain safety, foster sound judgement, and develop and
				maintain self-discipline.
21.
Finding
means a decision reached by an Out of Home Investigator
				based on the facts and evidence gathered during an investigation to support a
				decision that a person responsible for a Child has, by a preponderance of the
				evidence, abused or neglected a Child.
22.
Governing Body
means a
				person or persons ultimately responsible for the operation of an incorporated
				Child Care Facility.
23.
Group
means the specific Children assigned to a specific Child
				Care Staff Member(s) within one room or identifiable activity space.
24.
Hazardous Material
means any
				item or agent (biological, chemical, radiological, and/or physical), which has
				the potential to cause harm to humans, animals, or the environment, either by
				itself or through interaction with other factors.
25.
Health Consultant
means a
				physician, physician's assistant, a nurse practitioner or registered nurse with
				pediatric or Child care experience, licensed to practice in the United
				States.
26.
Immediate
				Danger
means a situation in which the Child Care Facility's
				non-compliance with one or more sections of this rule has caused, or is likely
				to cause, harm or impairment to a Child, and there continues to be an immediate
				risk of harm or impairment unless immediate corrective action is taken.
27.
Immediate
				Jeopardy
means a situation in which the Child Care Facility's
				non-compliance with one or more sections of this rule has caused, or is likely
				to cause, serious injury or death of a Child, and there continues to be an
				immediate risk of serious injury or death of a Child unless immediate
				corrective action is taken.
28.
Incident
means a noteworthy occurrence, including but not limited
				to an aggressive outburst, allegations of inappropriate conduct by a Child Care
				Staff Member, inappropriate Child sexual behavior, unusual event, observations
				of changes in behavior, or a disclosure of abuse or neglect from a Child or
				parent.
29.
Infant
means a Child aged six weeks to 12 months.
30.
Infant/Toddler Program
means
				a Child Care Facility serving Children aged 6 weeks to 36 months of
				age.
31.
Investigation
means a systematic course of interviews, record reviews, and observations
				conducted for the purposes of determining the presence of Child abuse and/or
				neglect, and/or violations of this rule.
32.
Lead Teacher
means the
				individual having program responsibility for a group of Children attending a
				Child Care Facility. The lead teacher may also work under the Director or act
				as Director.
33.
Legal
				Guardian
means the person or agency who is legally authorized to act on
				behalf of a Child.
34.
License
means written permission, whether provisional, temporary,
				conditional, or full, by the Department that authorizes the operation of a
				Child Care Facility.
35.
Licensed Capacity
means the number and ages of Children, specified
				on the license, allowed to be on the premises at any one time.
36.
Lock
means a fastening
				operated by a key, a combination, or other mechanism that is attached to a hasp
				or a completely enclosed box or safe that prevents access to medications,
				cleaning supplies and other toxins, confidential records, and pools.
37.
Lockdown
means a condition
				of remaining locked, and potentially hidden, inside the Child Care Facility
				when it is unsafe to leave the facility or be outdoors during an emergency
				situation.
38.
Mandated
				Reporter
means a person who is required by law to report reasonable
				suspicions of Child abuse or neglect.
39.
Maximum Group Size
means the
				total number of Children who may be assigned to a specific Child Care Staff
				Member, occupying an individual classroom, a well-defined physical space within
				a larger room, or playground area. Maximum group size is determined by the type
				of program and the allowable ratios as defined in this rule.
40.
Medication
means a drug
				prescribed for a Child by a licensed health care practitioner and
				non-prescription medications.
41.
Multi-site Operation
means a Child care organization with separate
				licenses that share the same governing body, may have centralized business
				functions, record keeping and leadership.
42.
Natural Body of Water
means
				an ocean, lake, pond, river, reservoir, quarry, spring, stream, and wading area
				that may be used for recreational water activities.
43.
Night-time Care
means
				compensated Child care provided between the hours of 12 a.m. and 6 a.m.
44.
Non-swimmer
means
				a Child Care Staff Member or Child who cannot swim 25 feet on their stomach, 25
				feet on their back, and tread water for 1 minute.
45.
Occasional Care Program
means a Child Care Facility caring for Children on a drop-in or otherwise
				irregular basis when parents are not within the building; for example, Child
				care located in a ski area or a shopping center.
46.
Out-of-Home Investigation Unit
				(OOH)
means the unit that is responsible for investigating reports of
				suspected abuse and neglect of Children by person(s) or in facilities subject
				to licensure pursuant to
				22 M.R.S
				§§8351 -
				8358.
47.
Parent
means a birth or
				adoptive father, mother, or non-binary individual. For the purpose of this
				rule, Parent includes a Legal Guardian.
48.
Plan of Action
means a
				written plan prepared by the Child Care Facility with the Department at the
				time of inspection or a written plan prepared by the Child Care Facility and
				submitted to the Department. A Plan of Action includes the specific procedures,
				methods, changes to be enacted by the Child Care Facility to correct all areas
				of noncompliance. A Plan of Action also includes the timeframes by which the
				Child Care Facility will come back into compliance.
49.
Premises
means all parts of
				contiguous real estate, including, but not limited to, lands, private ways, and
				any buildings or structures, over which the Child Care Facility occupies, or
				has direct or indirect control or interest, even though Children may not be
				served in all parts of the contiguous real estate.
50.
Preschool Child
means a
				Child 3 to 5 years of age.
51.
Provider Letter of Eligibility
means a letter sent by the
				Department to the individual who is the subject of the comprehensive background
				check that reports eligibility status exclusively and does not reveal specific
				disqualifying information or any confidential information regarding the
				individual.
52.
Repeat
				Violation
means a violation of a specific licensing rule provision for
				which the Child Care Facility has been previously cited.
53.
Rescue Medication
means a
				medication prescribed and packaged for the use of a specific Child in an
				emergency situation, such as an Epi-pen or a bronchodilator.
54.
Rest and Relaxation
means
				quiet, undirected time. This may include reading circles, napping, or other
				quiet individual activities appropriate to the age of the Children.
55.
Risk
means the likelihood
				that a Child may experience some form of harm, injury, or abuse and/or neglect
				based on factors and/or circumstances to which that Child has been
				exposed.
56.
School-age
				Child
means a Child who is at least 5 years old and under 13 years old.
57.
School-age
				Program
means a program providing Child care solely to school-aged
				Children. A school-age program operates before or after the customary school
				day and may also operate during school holidays, the summer period, or any
				other time when school is not in session, including early release
				days.
58.
Serious
				Injury
means:
a. An injury or illness
				which requires medical attention from a physician or other medical personnel,
				including, but not limited to, an emergency room visit and/or hospitalization,
				including those that are the result of an accident involving transportation to
				or from a Child Care Facility sponsored event; or
b. Any illness which is a notifiable
				condition, as identified by the Department at
https://www.maine.gov/dhhs/mecdc/infectious-disease/epi/disease-reporting/documents/notifiable-list.pdf
.
59.
Shelter-in-Place
means to remain inside the Child Care Facility during an emergency
				situation, when circumstances indicate that it is unsafe to leave the facility.
60.
Swimming Pool
means any water-filled container, located indoors or outdoors, for swimming or
				recreational activity, and having a depth of more than twenty-four inches (24")
				at any point.
61.
Toddler
means a Child aged 13 months through 36 months.
62.
Toxic Substance
means any
				chemical or mixture that may be harmful to the environment and to human health
				if inhaled, swallowed, or absorbed through the skin.
63.
Universal Safety Precautions
means an approach to infection control where all human blood and certain human
				body fluids are treated as if known to be infectious for HIV, HBV, and other
				blood-borne pathogens.
64.
Waiver
means written permission from the Department to modify a
				provision of this rule.
65.
Water Activities
means the use of splashing pools, wading pools,
				and swimming pools with or without slides, and other similar bodies of water
				including ponds, rivers, and the ocean, excluding water tables and sprinklers.
66.
Water Safety Attendant
means a person assigned to watch over Children participating in water
				activities who has completed a Department-approved basic water safety course
				that includes training in non-swimming rescue techniques within the last three
				years.
67.
Wading
				Pool
means a pool with a water level maintained at 24 inches or less and
				that is no more than 4 feet in diameter. This pool does not require a filter
				and may not contain chemically treated water.
68.
Wading Pool Attendant
is a
				person who holds a valid adult and pediatric First Aid and CPR certificate and
				is responsible for supervision of Children in a wading pool as defined above.