Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-9 - ORGANIZATION AND ADMINISTRATION

Current through 2024-29, July 17, 2024
A. The PNMI- Child
				Placing Agency shall be located within the State of Maine from which it
				operates, the address of which shall be filed with the Department.
B. The PNMI- Child Placing Agency shall have
				a clearly designated individual or governing body which shall exercise
				authority over and have responsibility for the operation, policy and practice
				of the PNMI- Child Placing Agency.
C. The PNMI- Child Placing Agency shall
				disclose to the Department all financial, beneficial, ownership, equity,
				surety, or other interests of five per cent, (5%) or more, in any and all
				firms, corporations, partnerships, associations, business enterprises, joint
				ventures, agencies, institutions, or other legal entities providing any form of
				health care services to members of medical assistance within thirty (30)
				calendar days of being requested to do so.
D. The PNMI- Child Placing Agency shall file
				with the Department the names and addresses of at least two persons who are
				authorized to receive legal process and service on behalf of the PNMI- Child
				Placing Agency.
E. The PNMI- Child
				Placing Agency shall have on file a written statement of philosophy, purpose,
				policy for its operations, and geographic area the PNMI- Child Placing Agency
				will serve.
F. The PNMI- Child
				Placing Agency shall document in its records the actual costs of the services
				to the child to be adopted, the child's biological parent(s), and the adoptive
				family, if it bases its fee to the adoptive family on the actual cost of
				services provided.
G. If the PNMI-
				Child Placing Agency bases its fee on the average cost of services, the PNMI-
				Child Placing Agency shall document the costs of the adoption program and/or
				component of the program subject to these rules for which a fee is charged, and
				shall document the method by which it computes the average cost of the
				services.
H. The PNMI- Child
				Placing Agency shall demonstrate in writing to the Department that it has
				sufficient funds or a reasonable means of raising funds to discharge its
				obligations and to assure that the PNMI- Child Placing Agency can adequately
				care for children for whom the PNMI- Child Placing Agency assumes
				responsibility during the term of its license.
I. The PNMI- Child Placing Agency shall
				submit annual operating budgets approved by the Board, or by the Administrator
				if no Board exists, for the period covered by the license.
J. Members of the governing body, the
				administrator or operator of the PNMI- Child Placing Agency, and all staff
				providing foster care and/or adoption services to children shall report to the
				Department all children who are suspected to be in circumstances of abuse,
				neglect or exploitation, immediately upon becoming aware of the situation. This
				shall be done in accordance with Title 22 M. R. S. A. Section 4002.
K. Each PNMI- Child Placing Agency shall have
				on file a financial agreement with each applicant, signed at the time of
				application, which clearly states the PNMI- Child Placing Agency's fee schedule
				including which costs are refundable and which costs are not. The applicant
				shall be given a copy of the agreement at the time of application, signed by
				the PNMI- Child Placing Agency and the applicant.
L. Each PNMI- Child Placing Agency shall make
				reasonable efforts to obtain, prior to placement, complete and accurate medical
				and developmental information about children being considered for adoption,
				including medical and genetic birth family information which could affect the
				child. In the case of international adoptions the PNMI- Child Placing Agency
				shall have on file a signed statement of understanding with the applicant about
				any difficulty in obtaining complete and accurate information because of
				language and practice differences.
M. Each PNMI- Child Placing Agency shall
				report any suspected or identified fraud or abuse by providers, legal guardians
				or children and submit supporting documentation to the Surveillance and
				Utilization Review Unit.