Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 17 - RULES FOR LICENSING OF FAMILY FOSTER HOMES PROVIDING RESPITE CARE FOR CHILDREN › Section 148-17-9 - LICENSING REQUIREMENTS FOR FAMILY FOSTER HOMES PROVIDING ONLY RESPITE CARE FOR CHILDREN

Current through 2024-29, July 17, 2024
A. QUALIFICATIONS
				OF THE RESPITE CARE PROVIDERS
1. The respite
				care providers must be at least 18 years of age.
2. The members of the respite family having
				significant responsibility for caring for respite care recipients shall be
				emotionally stable and mature, and able to exercise good judgment in the
				handling of a child and shall not engage in practices detrimental to the
				welfare of children.
3. No other
				members of the household shall engage in practices detrimental to the welfare
				of children.
4. The relationships
				of the members of the respite family to each other should be generally positive
				with each family member meeting his social, emotional, and developmental needs
				adequately through a combination of family and community relationships and
				activities.
5. The applicant or
				licensee shall bring the following information regarding themselves or other
				persons residing in the home to the attention of the Department:
a. Convictions for sexual or violent crimes
				involving adults or activities which could have resulted in convictions for
				such crimes if prosecuted;
Conviction for any crimes involving children or activities
				  which could have resulted in convictions for such crimes if prosecuted;
b. Convictions for operating under
				the influence or for any other activity which involves substance
				abuse;
c. Admission to a mental
				health or substance abuse treatment facility and involvement in mental health
				or substance abuse counseling;
d.
				Any serious physical problems that have required admission to a hospital or
				other in-patient facility;
e.
				Whether or not Child Protective Services has ever investigated the family
				situation for allegations of child abuse or neglect either when the person was
				a child or since he or she has become an adult;
f. Any prior conditional licenses, license
				suspensions, fines or revocations regarding child or adult care licenses or
				approval issued to the applicant;
g. The removal of children from their care or
				custody; and 16.
h. Any other
				information regarding their circumstances or treatment of children which is
				relevant to the Department's decision to issue a license.
If such information as described above exists, the respite
				  family home applicant or licensee shall furnish the Department with written
				  releases permitting the Department to obtain information regarding any of the
				  above from appropriate officials or persons to determine whether there is a
				  present threat to the health, safety and welfare of children.
In deciding what action to take regarding a license under the
				  foregoing circumstances, the Department shall make a determination if
				  sufficient evidence has been presented by the applicant or licensee to indicate
				  that the problems which resulted in any of the above have been adequately
				  resolved so that the applicant or licensee is in compliance with 9(A)(2) above
				  and with any other applicable rules.
6. The respite family must accept the
				relationship of the respite care recipient with his/her own family members,
				including visitation arrangements in accordance with the care plan developed by
				the placing agency. Respite families with Indian child(ren) must be able to
				accept visitation arrangements with the child's parent(s), grandparents and
				siblings.
7. The respite care
				provider shall cooperate and participate in implementing any plan developed by
				the child's parent or guardian or other placing agent for the respite care
				recipient.
8. The respite family
				shall not care for adult boarders or roomers or operate under another license
				to provide child care. Exceptions to this rule must receive prior approval from
				the Director of the Division of Child and Family Services, of the Department,
				or his/her designee.
9. Whenever
				the respite care providers are absent from the home, they must designate
				responsible adult individuals to supervise.
10. The respite care provider(s) shall not
				discriminate against respite care recipients placed in their home on the basis
				of race, color or national origin.
11. The respite family shall have an ongoing,
				predictable income to assure that the home is maintained in conformity with the
				requirements of these regulations.
12. The respite care provider(s) shall keep
				information about a respite care recipient's previous history and own family
				members confidential, and provide such information only to therapists,
				physicians, social workers and educators or others as directed by the placing
				agency to meet the irresponsibilities to the respite care recipient or with
				written permission of the parent or legal custodian.
13. Applicants shall have completed a
				pre-service training program for respite care providers offered or approved by
				the Department of Human Services, during the term of the temporary or
				provisional license, or have demonstrated competence by test, equivalent prior
				training or experience.
14. Respite
				care providers shall participate in ongoing training of at least 3 hours of
				specialized training a year which is related to the type and age of children
				being cared for.
15. Respite care
				providers shall maintain a register of all children placed in their home
				including dates of admission and discharge and to whom discharged and shall
				make this register available to the Department of Human Services.