reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-3 - FEES

Current through 2024-29, July 17, 2024
A.
Fees.
1. A licensing fee must be submitted with
				each application for a License, as directed by the Department.
2. Fees for licensing are
				non-refundable.
3. Fees for License
				application and renewal will be established based on an analysis of the
				Department's costs for issuing the License. Fees will not exceed the cost of
				issuing Licenses.
4. Failure to
				submit a timely renewal application will result in the expiration of the
				License.
5. The check must be made
				payable to the Treasurer, State of Maine.
6. The application fee for provisional
				License is $80.00.
7. The
				application fee for a temporary License is $10.00.
8. The application fee for a full License or
				its biennial renewal is $160.00.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-4 - INSPECTIONS AND INVESTIGATIONS

Current through 2024-29, July 17, 2024
A.
Inspections.
The Department generally conducts unannounced site
				inspections. The Department may conduct more frequent inspections at its
				discretion based on the Provider's compliance with this rule. Routine
				inspections occur at the following times:
1.
				Upon application and within the first few months of licensure,
2. Annually, after the date of initial
				licensure,
3. When the Provider has
				requested a change in License;
4.
				To investigate a complaint of rule violation, or an allegation of suspected
				Abuse or Neglect;
5. For
				determining compliance with a Directed Plan of Action, or to determine whether
				cited deficiencies have been corrected.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-5 - RECORD MANAGEMENT AND RETENTION

Current through 2024-29, July 17, 2024
A.
Record
				management.
Providers must comply with the following:
1. Maintain a separate file for each Staff
				Member and Child served. These records must be retained for a minimum of three
				years after the Child leaves care or the Staff Member leaves employment. Child
				and Personnel records must be available for inspection by the
				Department.
2. All Attendance
				Records must include date, year, start and end time of daily attendance. The
				list must be available for inspection by the Department and be kept on site for
				three years.
3. Record of actual
				hours worked and break times in which the Provider or Staff Members are not in
				a caregiving capacity and are not counted in the staff to child ratio. This
				record must be available for inspection by the Department and be kept on site
				for three years.
4. Maintain a
				separate record of all reports of alleged Child Abuse or Neglect made in
				accordance with
				22 MRS
				§4011-A.
5. A record of fire drills for the preceding
				three years must be available for inspection by the Department of Health and
				Human Services, the Department of Public Safety, State Fire Marshal's Office,
				and local fire inspectors.
6. A
				record of rabies vaccinations for all pets on the Premises.
7. Providers that offer swimming and wading
				activities must keep a written record of the type, date, time and duration of
				the water safety emergency procedures training and drills required in Section
				15 of this Rule.
8. Providers must draft and follow a records
				management and retention policy, which must include provisions for access to
				Child records by Legal Guardians.
9. Providers must maintain clean, readable
				records in an orderly, accessible format.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-6 - REPORTING REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Provider
				changes
. Providers must notify the Department in writing of any of the
				following changes or occurrences within 24 hours of occurrence. Unless
				otherwise indicated, the written report must be made to the Provider's
				Licensing Specialist:
1. Extended or permanent
				closure and expected date of closure;
2. Any changes to the heating system, any
				structural alterations, or any plans to use existing space in the facility that
				has not been inspected and approved. This includes any physical or structural
				changes in the building(s) or on the grounds such as but not limited to
				remodeling, renovations, playground modifications, or installation of a
				swimming Pool;
3. Any changes in
				phone numbers or email contact information.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-7 - STAFF-CHILD RATIOS, SUPERVISION, AND QUALIFICATIONS

Current through 2024-29, July 17, 2024
A.
Children under six weeks of
				age.
No Child under six weeks of age, as verified by a birth
				certificate, other than the Provider's own Children may be cared for by the
				Provider.
B.
Children of
				Providers and Staff Members
.
1.
				Children of Staff Members must be counted in the appropriate age groups and in
				determining staff-Child ratios when in care with the Provider, except as
				provided for in section 7(C)(2)(b) below.
2. Children living with the Provider who are
				over four years of age are not counted in determining the staff-Child ratio.
				Children living with the Provider under four years of age are counted in the
				staff-Child ratio.
3. All Children
				in care other than Children identified in Section 7(B)(2) above who are younger
				than 13 years old must be counted in staff-Child ratios.
4. In determining the number of Children for
				which a Provider is Licensed, the Department may factor in the needs of
				Children and Adults who reside in the home. The number of Children allowed may
				be restricted by the Department when any of the following circumstances are
				present:
a. Space is limited or unusually
				configured;
b. The Provider has
				physical limitations that would impact the Provider's ability to safely care
				for, supervise or respond to the needs of children in care; or
c. There is a Child or Children who require
				exceptional amounts of care due to a health or other condition.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-8 - TRAINING

Current through 2024-29, July 17, 2024
A.
Orientation training.
Except
				when another time period is indicated, all Staff Members must receive training
				in the following areas within the first ninety days of service:
1. Fire drill procedures, disaster
				procedures, and all other emergency procedures. This training must be completed
				within the first week of service.
2. This Rule;
3. The Provider's policies and
				procedures;
4. Prevention of Sudden
				Infant Death Syndrome (SIDS) or Sudden Unexplained Infant Death (SUID), Shaken
				Baby Syndrome, and safe sleep practices;
5. Administration of Medication and Parental
				consent (providers may not administer Medication until training has
				occurred);
6. Prevention of and
				response to food and allergy emergencies;
7. Building and physical premise
				safety;
8. Communicable diseases,
				infectious disease prevention and control, Universal Safety Precautions and
				Blood Borne Pathogens;
9. Handling
				and storage of Hazardous Material and disposal of Bio-contaminants;
10. Transportation of Children (if the
				individual will be responsible for the transportation of Children; required
				biannually thereafter);
11. Adult
				and pediatric first aid with hands-on skills demonstration;
12. Adult and pediatric Cardio-Pulmonary
				Resuscitation (CPR) with hands-on skills demonstration;
13. Mandated Reporter Training.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-9 - CHILD GUIDANCE

Current through 2024-29, July 17, 2024
A.
Positive
				methods of Child guidance.
Providers and Staff Members must use positive
				methods of Child guidance which encourage self-control, self-direction,
				self-esteem, communication of wants and needs, and cooperation with others.
				Child guidance must meet the individual needs of each Child.
B.
Consistent and reasonable
				application of program rules.
Rules, expectations and limits must be
				clearly and consistently applied and carried out in a manner that reflects a
				Child's developmental ability.
C.
Constructive methods of guidance.
The Provider and Staff Members
				must use only constructive methods of guidance. This may include, but is not
				limited to, interventions such as:
1. Conflict
				resolution,
2. Encouraging the use
				of language skills,
3.
				Redirecting,
4. Providing choices,
5. Using praise or positive
				reinforcement,
6. Recognizing a
				Child's strengths,
7. Allowing
				Children to take supervised breaks away from the group when needed,
8. Reminding Children of expectations using
				positive, clear language,
9.
				Teaching self-regulation,
10.
				Modeling appropriate behavior, and
11. Allowing for individual
				differences.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-10 - RIGHTS OF CHILDREN AND PARENTS

Current through 2024-29, July 17, 2024
A.
Rights of
				children.
Children receiving childcare from Providers have the following
				rights.
1. Children must be free from
				emotional, physical, sexual abuse, neglect and exploitation.
2. Each Child has the right to freedom from
				harmful actions or practices that are detrimental to the Child's welfare, and
				to practices that are potentially harmful to the Child.
3. Each Child has a right to an environment
				that meets the health and safety standards in this rule.
4. Each Child must be provided childcare
				services without regard to race, age, national origin, religion, disability,
				sex or family composition.
5.
				Children must be treated with dignity, consideration and respect in full
				recognition of their individuality. This includes the use of Developmentally
				Appropriate practices by the Provider and Staff Members.
6. Each Child has the right to the
				implementation of any plan of service that has been developed for that Child in
				conjunction with community or state agencies by the Provider.
7. Each Child has a right to Developmentally
				Appropriate activities, materials, and equipment.
8. Children with disabilities have the right
				to reasonable modifications to Provider policies and practices.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-11 - REPORTING CHILD ABUSE OR NEGLECT

Current through 2024-29, July 17, 2024
A.
Requirement to report child abuse or neglect.
Every Provider or
				Staff Member must immediately contact the Department of Health and Human
				Service's Child Protective Intake hotline (800-452-1999) when they suspect
				Child Abuse or Neglect.
B.
Provider requirement to inform.
The Provider must inform all Staff
				Members during orientation of their status as Mandated Reporters and their
				responsibility to report to the Department of Health and Human Services
				whenever there is reasonable cause to suspect Abuse or Neglect of a Child, and
				comply with ongoing Mandated Reporter training for all Staff Members as
				provided in Section
				8 of this Rule.
C.
Written instruction provided.
Staff members must receive written instructions regarding Child Abuse or
				Neglect reporting that contains a summary of the State of Maine Child abuse
				reporting statute and a statement that they will not be discharged or
				disciplined solely because they have made a Child Abuse or Neglect
				report.
D.
Hotline number
				posted.
The Provider must ensure that the telephone number of the
				Department's Child Protective Intake hotline is posted in a readily accessible
				central location on the Premises.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-12 - HEALTH AND MEDICAL

Current through 2024-29, July 17, 2024
A.
Immunization.
Immunization records must be maintained to ensure
				proper medical treatment is determined and given in the event of a disease
				outbreak or public health emergency.
1. All
				Children in care must meet the following requirements:
a. The Provider must have a current record of
				immunization on file for each child, which clearly documents each child's
				present immunization status based on the Department's Day Care Immunization
				Standards (available at
http://www.maine.gov/dhhs/mecdc/infectious-disease/immunization/family/
and published in September 2019), within 30 days of the child's first admission
				to the child care and updated as needed thereafter or,
b. A blood test documenting immunity to
				measles, mumps, rubella and varicella (chickenpox), placed in the Child's
				record and updated in a timely manner.
c. No Child may be required to be immunized
				if religious, philosophical or medical reasons are documented. Effective
				September 1, 2021, exemption from immunization requirements are limited to
				medical reasons. The Child's physician, nurse practitioner, or physician
				assistant must provide documentation that immunization is medically
				inadvisable.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-13 - DRINKING AND WASTEWATER

Current through 2024-29, July 17, 2024
A.
Drinking
				water.
A Provider must provide documentation of water safe for drinking
				by staff and Children in care. If a satisfactory supply cannot be provided, a
				License or renewal of a License may not be issued.
1. Applicants serving drinking water from
				their own well must demonstrate satisfactory water quality by testing for the
				following contaminants by a Maine-certified laboratory:
a. Fluoride,
b. Uranium,
c. Arsenic,
d. First-draw Lead sample,
e. Nitrates, and
f. Total coliform bacteria.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-15 - SWIMMING AND WADING

Current through 2024-29, July 17, 2024
A.
Policies
				regarding water activities and safety procedures
. Direct supervision of
				Children is required at all times, by providers in close physical proximity to
				allow intervention and within sight and sound of all Children in the swimming
				or wading activity area.
1. A Provider that
				offers swimming or wading activities must develop policies and procedures
				regarding swimming and wading activities and safety procedures.
2. Policies and procedures must cover all
				swimming or wading activities that take place on or away from the Premises,
				e.g., at a public swimming Pool or beach.
3. Policies and procedures must include a
				written emergency plan related to any swimming or wading activities, regardless
				of where they are conducted. The plan must be available to all staff. The plan
				must cover procedures for medical emergencies, chemical emergencies, drowning,
				severe weather and frequent verification that all Children are safe.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-16 - FOOD AND KITCHEN FACILITIES

Current through 2024-29, July 17, 2024
A.
Well-balanced meals and snacks.
Meals and snacks provided by the
				Provider must be nutritious and well-balanced. Each meal (breakfast, lunch, and
				dinner) and snack provided by the Provider must include items such as proteins,
				dairy products, fruits and vegetables, water and whole grains
.
1. Drinking water must be available to the
				Children at all times.
2. A variety
				of snacks that are nourishing and include items such as dairy products, fruit,
				water, vegetables, and whole grains must be served.
3. Milk, water, or a milk substitute must be
				offered to Children at all meals and snacks.
4. Portions of food served must be suited to
				the Child's age and appetite.
5.
				Providers may encourage Children to try new foods, but no Child shall be forced
				to eat anything they do not want.
6. Unhealthy foods such as convenience food,
				fast food, and processed foods must be limited to special occasions such as
				holiday celebrations and birthday parties. Soda must not be served at any
				time.
7. Only 4 to 6 ounces of 100%
				juice without added sugars may be served to children over 12 months of age, not
				more than once daily.
8. Children
				must be allowed time to eat their food, not be rushed during the meal or snack
				time, and must be seated. Children must not be allowed to play, watch
				television, or use electronic devices during meal or snack time.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-17 - TRANSPORTATION

Current through 2024-29, July 17, 2024
A.
Driver requirements.
Any
				person driving Children receiving Child care from a Provider must have the
				proper license to drive the class of motor vehicle being used, annually submit
				a signed release authorizing the Department to check the records of the Bureau
				of Motor Vehicles, receive a qualifying result pursuant to the Bureau of Motor
				Vehicle Check, and complete Department-approved training for transportation of
				Children prior to driving Children and at least every two years thereafter.
1. The following offenses disqualify a person
				from driving Children receiving childcare from a Provider, whenever committed:
a. Motor vehicle violation resulting in
				death,
b. Aggravated refusing to
				stop for a law enforcement officer,
c. Criminal homicide in operation of a motor
				vehicle.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-18 - INFANT/TODDLER CARE

Current through 2024-29, July 17, 2024
A.
Additional
				rules for providers serving infants and toddlers.
In addition to the
				preceding rules, a Provider serving Children ages six weeks to 36 months must
				also comply with this section.
B.
Promoting developmental needs.
The developmental needs of Infants
				and Toddlers must be promoted in the following ways:
1. The provider must ensure that Infants and
				Toddlers are given a variety of activities to promote proper development in all
				areas of learning, consistent with each Child's developmental needs.
2. Each Child must be allowed to form and
				follow his or her own pattern of sleeping, resting, and waking
				periods;
3. Infants and Toddlers
				must not be allowed to use toys or objects which could be swallowed or cause
				choking. Foods that are choking hazards due to the size, shape or texture must
				not be served to Infants and toddlers;
4. Each Infant's position must be changed
				every 30 minutes, when the Child is awake;
5. Infants must be offered supervised tummy
				time / floor time daily;
6. Use of
				Infant equipment to include, but not limited to bouncers, jumpers, and swings
				must be limited to 30 minutes at a time.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-19 - NIGHTTIME CARE

Current through 2024-29, July 17, 2024
A.
Additional
				rules for nighttime care.
A Provider that offers Nighttime Care must
				comply with the requirements in this section, in addition to all other sections
				of this Rule.
B.
Individualized care.
Special effort must be made by the Provider
				and Staff Members to individualize care at a Child's bedtime and
				awakening.
C.
Rooms used for
				sleeping or napping.
All rooms occupied for sleeping or napping must be
				approved by the State Fire Marshal's Office.
1. A room above the first floor may be used
				for sleeping or napping if the room has two exits, with one exit leading
				directly to the outside, with means to safely reach the ground level.
2. The Provider must have written approval
				from the Parent of each Child in care to share a sleeping room with another
				person. School age Children must be provided with gender-specific sleeping and
				private dressing areas.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 33 - FAMILY CHILD CARE PROVIDER LICENSING RULE › Section 148-33-20 - ENFORCEMENT, SUBSEQUENT REAPPLICATION AND APPEALS

Current through 2024-29, July 17, 2024
A.
Department's authority to enforce
				compliance.
The Department may direct any Provider to correct any
				violations in a manner, and within a time frame, that the Department determines
				is appropriate to ensure compliance with this rule or to protect the health and
				safety of Children.
1. The Department may
				take one or more of the following measures, at any appropriate level, to
				address violations of this rule or applicable statutes.
2. Enforcement actions are not required to be
				sequential, as presented in this rule.
3. The Department may waive or modify any
				provision(s) of this rule, unless the provision is mandated by State or Federal
				statute.
a. The Applicant must state, in
				writing, that an alternative method will comply with the intent of the rule for
				which the waiver is sought.
b. If
				approved, the waiver will be limited to the term of the License.
c. Extensions will only be granted where the
				best interest of the Child(ren) is served.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 34 - CHILD CARE PROVIDER BACKGROUND CHECK LICENSING RULE › Section 148-34-1 - STATEMENT OF PURPOSE

Current through 2024-29, July 17, 2024
A.
Statement
				of Purpose
. The purpose of this rule is to establish comprehensive
				background check licensing standards for Child Care Providers (which includes
				child care facilities and family child care providers). This rule is
				promulgated pursuant to
				22
				M.R.S.
				§§8301-A(8),
				8302-A(1)(J),(2)
				(K), and
				8302-C
				and describes the requirements of a comprehensive background check and the
				process for appealing specific disqualifying conditions.
B.
This rule has a legal applicability
				date of September 25, 2021.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 34 - CHILD CARE PROVIDER BACKGROUND CHECK LICENSING RULE › Section 148-34-3 - BACKGROUND CHECKS

Current through 2024-29, July 17, 2024
A.
Individuals subject to comprehensive background checks.
Every
				Child Care Provider must request a comprehensive background check for
				themselves, all current and prospective Staff Members, all Household Members in
				a Family Child Care, over the age of eighteen, and any other individuals whose
				activities involve the care or supervision of Children or who have unsupervised
				access to Children while in the care of the Child Care Provider.
1. Under limited circumstances in which an
				individual, age 18 or older, residing in a Family Child Care is unable to be
				fingerprinted, the Department may conduct name-based State and Federal criminal
				background checks. A statement from the individual's medical provider must be
				provided to the Department and include a general statement regarding the
				individual's condition that impedes the ability to be fingerprinted. This may
				include that the individual is homebound due to age or
				disability.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 34 - CHILD CARE PROVIDER BACKGROUND CHECK LICENSING RULE › Section 148-34-4 - APPEAL PROCESS AND RIGHTS

Current through 2024-29, July 17, 2024
A.
Factual
				Accuracy of Information.
An individual who is determined ineligible
				because of disqualifying information found in one of the registries,
				repositories, and/or databases searched and who disputes the factual accuracy
				of the disqualifying information may request review of the disqualifying
				information directly to the agency that maintains that registry, repository, or
				database. Instructions on how to dispute the factual accuracy of the report
				will be included in the letter sharing the results of the background check with
				the individual.
B.
Substantiation of Child Abuse or Neglect.
Individuals who receive
				a letter with ineligibility due to a substantiated finding may request an
				appeal pursuant to the Code of Maine Rules 10-148 Chapter 201 Rules for
Procedures for the Abuse or Neglect Substantiation Process, for Appeals
				for Persons Substantiated as perpetrators of Abuse or Neglect of Children and
				Appeals for Denial of Access to Confidential Records.
1. Individuals may request an appeal if the
				individual has not requested or received an appeal previously.
a. A request for an appeal must be sent
				within 30 days;
b. Exceptions to
				the 30 day requirement are limited to certain circumstances where the finding
				was made before 11/1/03 (see page 19 of the rules, Section XIV(B) ) and
				findings which qualify for reconsideration under Section XV of the rules (page
				20);
c. A substantiated individual
				who is eligible for an appeal should submit any information they wish the
				reviewer to have as they consider whether or not the finding was
				founded;
d. The appeals process has
				two stages, first is a paper review where a specialized Department employee
				reviews all of the Department's records regarding the finding along with
				anything submitted by the appellant and makes a determination as to whether the
				finding is upheld or overturned;
e.
				If the finding is upheld the appellant has the right to request an
				Administrative Hearing pursuant Title 5: Administrative Procedures and Services
				Chapter 375:
Maine Administrative Procedure Act
.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 35 - OFFICE OF CHILD AND FAMILY SERVICES (OCFS)

Current through 2024-29, July 17, 2024
The
				adopted version of this chapter by
				filing
				2021- 243, eff.
				12/12/2021 is not
				yet available.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-1 - PURPOSE AND SCOPE

Current through 2024-29, July 17, 2024
This rule and its enabling statutes govern Emergency
				  Children's Shelters, Shelter for Homeless Children, and Transitional Living
				  Programs that are Children's Homes for youth in the State of Maine. To avoid
				  redundancy and to streamline the rule, the statutory requirements may not be
				  repeated in this rule. Facilities must understand and comply with the statutes
				  governing the oversight of Children's Shelters and Transitional Living
				  Programs.
Requirements specific to each Facility type are in Section
				  7.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-4 - LICENSE APPLICATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
DEPARTMENT
				REVIEW OF APPLICATION
1.
Records
				and application review.
Prior to securing an initial license, a
				completed application must be submitted to the Department.
a.
Application must be complete.
A complete initial or renewal application means that all required information
				will be completed on the Department-approved form, and that form has been
				received by the Department with all required documentation. Incomplete
				applications on which no action has been taken by the applicant after 60
				calendar days are void.
b.
Documents required with initial application.
The following
				documents must be submitted with the completed application:
i. Statement of purpose which specifies the
				Facility's philosophy, purpose, and program orientation and describes both
				short and long term goals. The statement must identify the types of services
				provided and the characteristics of the youth, including age range, to be
				served by the program;
ii.
				Statement of ownership including the names and addresses of principal owners,
				and the names and addresses of officers and directors;
iii. An organizational chart with an
				explanation of lines of accountability and authority;
iv. A list of governing body members,
				identifying the office held by the member, and member's addresses and other
				contact information;
v. Staff
				roster;
vi. Sample youth
				file;
vii. A list of all services
				the applicant intends to provide complete with program description;
viii. Certificate of occupancy;
ix. A description of the location and a
				sketch of the floor plan;
x. A
				written financial plan projected for the term of the license which demonstrates
				the ability of the applicant to provide the services for which they are seeking
				licensure;
xi. Emergency, disaster,
				hazard, and evacuation plan;
xii. A
				written close of business plan governing all organizational
				components;
xiii. A copy of all
				policies and procedures to demonstrate compliance with this rule. See Section
				(5)(E) for a complete list of policies required.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-5 - CORE LICENSING REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
SERVICE
				TYPES.
Youth facilities may be licensed to provide any of the following
				services:
1. Shelter for Homeless Children
2. Emergency Children's
				Shelter
3. Transitional Living
				Program
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-6 - DAILY OPERATIONS

Current through 2024-29, July 17, 2024
A.
Supervision of youth
The Facility must ensure adequate,
				  developmentally-appropriate supervision of youth by direct care workers. See
				  Section 7. Service Types
				  for Facility-specific staff to youth ratios.
1. The Facility must retain a sufficient
				number of qualified employees.
2.
				Appropriate staff coverage must be in place at all times based on the following
				factors:
a. The age, capabilities, functioning
				levels, and program plans of the youth; and
b. The time of day and the size and nature of
				the Facility.
3. The
				Facility must ensure the availability of additional staff in the event of an
				emergency or crisis in the Facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-7 - SERVICE TYPES

Current through 2024-29, July 17, 2024
Facilities providing the following services must comply with
				  core rules, Sections
				  3-6 and
				  8, in addition to the specific
				  standards set forth in applicable parts of this Section.
A.
SHELTERS FOR HOMELESS
				CHILDREN
Shelters for Homeless Children provide overnight lodging
				  only.
1.
Hours of
				operation.
The Facility must open for daily operation no earlier than 4
				p.m., and must cease operation no later than 9 a.m. the following
				morning.
2.
Guardian
				notification.
The Facility may allow the admission of a child into care
				for up to three hours without first notifying the child's guardian. The
				Facility must make good faith efforts to notify a guardian of a child's
				admission within the first day. If unsuccessful, the Facility must notify the
				guardian on the day following admission. If the guardian cannot be reached, the
				Facility must notify the Department of Health and Human Services in accordance
				with the mandatory reporting law,
				22 M.R.S.
				§4011-A.
The Facility may admit the youth without notifying the
				  guardian if the youth seeking admission indicates that notification of the
				  guardian may result in harm to the child. The Facility must make an immediate
				  referral to the Department of Health and Human Services.
3.
Guardian information.
The
				program must make good faith effort to provide the guardian with rules of the
				program, procedures related to communication with youth, copy of grievance
				procedures and/or formal complaint process, a description of any religious
				affiliation, and contact information for the program.
4.
Intake assessment.
The intake
				assessment must be completed within 12 hours of admission.
5.
Orientation.
Shelters for
				Homeless Children must provide safety orientation on the youth's first night in
				the shelter. For repeated stays, a safety orientation on the youth's first
				night is required if the youth has not been at the shelter in 30 days or
				more.
6.
Ratio
. There
				must be a minimum of one direct care worker for every 10 youth.
7.
Medication administration and
				storage.
During Shelter hours, the Shelter for Homeless Children must
				keep prescription medication in a locked area and must make available to youth
				for supervised self-administration. When necessary, the Shelter for Homeless
				Children may store medication during non-shelter hours and administer youth's
				medication in accordance with the following:
a. The Facility must document the reason for
				storing and administering the medication; and
b. The Facility must document the
				administration in the youth file.
8.
Physical plant.
Sheets and
				pillow cases must be changed daily.
9.
Discharge requirements.
The
				Facility must document the youth's discharge date and intended destination when
				known.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-8 - PERSONNEL QUALIFICATIONS AND TRAINING

Current through 2024-29, July 17, 2024
A.
QUALIFICATIONS
1.
Personnel qualifications.
The Facility's personnel must be
				qualified to provide services by education, training, supervisory experience,
				licensure, or the equivalent, consistent with job descriptions and required
				qualifications to meet the needs of youth. The Facility must comply with the
				requirements of
				22 M.R.S.
				§8110(2).
a. The Program administrator must have a
				bachelor's degree and a minimum of three (3) years' experience in human
				services.
b. Direct care workers
				must have a high school diploma or equivalent.
c. A Facility employing any person not
				possessing the usual qualification for the position as outlined in the job
				description must have a written statement placed in the personnel file
				justifying such decision.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-9 - COMPLIANCE AND ENFORCEMENT

Current through 2024-29, July 17, 2024
A.
Statement
				of deficiencies & VIOLATION IDENTIFICATION LETTER
1.
Statement of deficiencies
				(SOD).
The Department issues a SOD when it determines that a violation
				of this rule or applicable statutes has occurred.
2.
Violation Identification
				Letter.
The Department may issue a Violation Identification Letter for
				past noncompliance found in a complaint investigation and/or licensing
				inspection in which a Facility has already taken steps to correct deficiencies
				and does not require a plan of correction.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 39 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS

Current through 2024-29, July 17, 2024
STANDARDS
A. Requests
			 for and authorization of tests for a communicable disease, including an HIV
			 test of a public ward, may be authorized by Division Regional staff, after
			 consultation with a Central Office Duly Authorized Agent: namely, the Public
			 Guardianship Program Manager, Division Director, or Adult Protective Services
			 Program Manager.
B. HIV test
			 results, either positive or negative, shall be kept confidential except as
			 outlined in the following sections of C, D, or E.
C. HIV test results may be disclosed to the
			 following designated Division staff:
1. the
			 assigned Caseworker,
2. the
			 assigned Caseworker's Supervisor,
3. the Regional Program Manager,
			 and
4. a Central Office Duly
			 Authorized agent.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 50 - VOLUNTARY AGREEMENTS PURSUANT TO 22 MRSA SECTION 4004-A › Section 148-50-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. The Department: means the Department of
				Human Services.
B. Custodian: means
				the person who has legal custody of a child or the person with whom the child
				lives and who has parental rights and responsibilities for that child. In cases
				of joint custody or shared parental rights and responsibilities, please refer
				to Section V. , Objection of Custodian.
C. Central Interdisciplinary Team: means a
				group of individuals designated by the Commissioners of the Departments of
				Human Services, Mental Health and Mental Retardation, Education, Corrections,
				the, school administrative unit, (nondesignated), the Custodian,
				(non-designated), and the Executive Director of the Office of Substance Abuse,
				when appropriate.
D. Regional
				Interdisciplinary Team: means a local group of individuals representing the
				Departments of Human Services, Mental Health and Mental Retardation, and
				Corrections, if appropriate, the School Administrative Unit, the Custodian, and
				Representatives from the Mental Health and Substance Abuse treatment fields, if
				appropriate.
E. Mental Health
				Professional: means any of the following individuals who are licensed to
				practice their profession in the, state, in which their practice is located and
				whose qualifications are, acceptable to the Department of Human Services'
				Bureau of Child and Family Services: psychiatrist, psychologist, licensed
				clinical social worker, licensed clinical professional counselor, licensed
				master social worker conditional II or licensed clinical professional counselor
				conditional.
F. Voluntary
				Agreement: means an agreement entered into by the Department of Human Services
				and the Custodian which specifies, in writing, the following
1. Services to be provided.
2. Anticipated time frame not to exceed 180
				days, unless, within the first 180 days, the District Court has found that
				returning to the Custodian's home would be detrimental to the welfare of the
				child.
3. The legal status of the
				child.
4. The rights and
				obligations of the Custodian, the child and the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 50 - VOLUNTARY AGREEMENTS PURSUANT TO 22 MRSA SECTION 4004-A › Section 148-50-2 - DEPARTMENT OF HUMAN SERVICES RIGHTS AND RESPONSIBILITIES AND PRIORITIES

Current through 2024-29, July 17, 2024
A. Children who are alleged to be abused and
				neglected are the Department's first priority.
B. Children for whom there is an agreement
				for long-term adoption assistance are a priority for available funds.
C. The provision of recommended services is
				always contingent upon availability of services and funds.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 50 - VOLUNTARY AGREEMENTS PURSUANT TO 22 MRSA SECTION 4004-A › Section 148-50-3 - ELIGIBILITY

Current through 2024-29, July 17, 2024
In order for a Custodian to be eligible to enter into a
				  Voluntary Agreement with the Department of Human Services the following
				  conditions must be met:
A. The child
				for whom the Custodian is seeking services is under age 18; and
B. The child for whom the Custodian is
				seeking services is willing and able, as determined by a mental health
				professional and in compliance with the Rights of Recipients of Mental Health
				Services Who Are Children in Need of Treatment, to participate in the specific
				services recommended by the interdisciplinary team; and
C. The Custodian must be willing and able, as
				determined by a mental health professional, to participate to whatever degree
				the service provider determines necessary in the treatment recommended for the
				child; and
D. The Custodian must be
				willing and able to participate in development of case plans, in administrative
				case reviews and in judicial reviews; and
E. The Custodian must have made application
				for services to all available community resources prior to requesting a
				Voluntary Agreement with the Department of Human Services including but not
				limited to:
1. The Department of Mental
				Health and Mental Retardation's' Bureau of Children with Special Needs case
				management system, if eligible;
2.
				Special education services, if applicable;
3. The Department's Bureau of Income
				Maintenance for Medicaid coverage through either Categorically Needy, Medically
				Needy or the "Katie Beckett' option;
4. Local mental health clinic services;
				and
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 50 - VOLUNTARY AGREEMENTS PURSUANT TO 22 MRSA SECTION 4004-A › Section 148-50-4 - PROCEDURES

Current through 2024-29, July 17, 2024
A. The Custodian must contact the Bureau of
				Child and Family Services to request an application for the "Section 4004-A "
				Voluntary Agreement program.
B. The
				Custodian must complete the application and return it to the Bureau of Child
				and Family Services along with the following:
1. A certified copy of the child's birth
				certificate;
2. The child's social
				security number,
3. A copy of the
				most recent Pupil Evaluation Team recommendation, if applicable;
4. Copies of all psychological evaluations
				and testing results, discharge summaries from psychiatric hospitals, a family
				psycho-social evaluation and signed releases of information for all previous
				and current health and mental health providers;
5. A copy of the child's Medicaid card, if
				any;
6. The name, address and
				telephone number of the Bureau of Children with Special Needs case manager, if
				applicable;
7. A list of community
				providers' names, addresses and telephone numbers the services provided, and
				the dates that services were received;
8. Copies of decisions of any denial of
				services from providers;
9. Copy of
				the parents' state income tax returns for the past two years;
10. Copy of any child support order currently
				in effect;
11. Documentation of
				private insurance if covered and signed Third Party Resource Information
				Request, Form Number SWMA 004 R.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 50 - VOLUNTARY AGREEMENTS PURSUANT TO 22 MRSA SECTION 4004-A › Section 148-50-5 - OBJECTION OF CUSTODIAN

Current through 2024-29, July 17, 2024
In cases of joint custody or shared parental fights and
				  responsibilities when one Custodian objects to the Voluntary Agreement the
				  Department of Human Services will return the child to the Custodian who signed
				  the Voluntary Agreement. The Department of Human Services will give the
				  Custodian who signed the Voluntary Agreement 48 hours notification prior to
				  returning the child.
The Custodian who objects to the Voluntary Agreement must put
				  these, objections in writing to the Director of the Bureau of Child and Family
				  Services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 50 - VOLUNTARY AGREEMENTS PURSUANT TO 22 MRSA SECTION 4004-A › Section 148-50-6 - TERMINATION OF AGREEMENT

Current through 2024-29, July 17, 2024
The Voluntary Agreement may be terminated by either party
				  within 48 hours of written notification.
The Voluntary Agreement will terminate on the 165th day after
				  the signing of the, agreement if the court has not made a determination that
				  returning to the Custodian's home would be detrimental to the welfare of the
				  child.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 50 - VOLUNTARY AGREEMENTS PURSUANT TO 22 MRSA SECTION 4004-A › Section 148-50-7 - APPEAL PROCEDURE

Current through 2024-29, July 17, 2024
A Custodian or authorized representative of the child
				  aggrieved by the Department's decision may request an administrative hearing in
				  accordance with the Maine Administrative Procedure Act Title 5, Chapter 375,
				  based solely on failure to meet eligibility criteria in Section III.
A written request for an administrative hearing must be
				  received by the Commissioner of the Department within 10 working days of
				  receipt of notice of the Department's action.
Any request for a hearing must state in detail the aggrieved
				  person's reasons for believing the Department's action to be incorrect. If the
				  Department does not receive a hearing request within the time allowed, the
				  Department's action will become final at the end of that
				  period.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 100 - AIDS DRUG REIMBURSEMENT PROGRAM › Section 148-100-1 - Definitions

Current through 2024-29, July 17, 2024
A. AIDS (Acquired Immune Deficiency Syndrome)
				- An acquired illness of the immune system which reduces the body's ability to
				fight special types of infections and cancers. The Human Immunodeficiency Virus
				(HIV) is the specific AIDS retrovirus which has been identified as destroying
				the body's immune system. Specific diseases must be present for persons
				infected with HIV to be diagnosed officially as having AIDS. In general. the
				diseases include unusual forms of bacterial. fungal and viral infections as
				well as rare cancers.
B. AZT. AZT
				means azidothymidine, brand name Retrovir, an experimental drug that has been
				found effective in stopping the growth of the HIV agent in AIDS
				patients.
C. Low Income
				Individuals. Low income individuals means those persons whose gross income does
				not exceed 200 percent of the federal poverty income guidelines.