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 148-34-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
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.
Adult
means a person 18 years of age and over.
3.
Child Care Provider
means a
				house or other place in which a person maintains or otherwise carries out a
				regularly scheduled program, for any part of a day, providing care and
				protection for three or more children between 6 weeks and 12 years of age, or
				the person who provides the child care. Child Care Providers provide this
				service to children who are not the children of the Child Care Provider or who
				are not residing in the Child Care Provider's home, for consideration.
a. A Child Care Provider includes:
i. A program operated in a private residence,
				caring for 3-12 children, as defined at
				22
				M.R.S. §8301-A(1-A)(C)
				("Family Child Care");
ii. A
				program operated in a building owned or leased by the Child Care Provider,
				serving 3 or more children, as defined at
				22
				M.R.S. §8301-A(1-A)(B)
				("Child Care Facility") and
				22
				M.R.S. §8301-A(1-A)(E)
				("Small Child Care Facility"), otherwise known as a Child Care Center;
				and
iii. A program serving children
				between 33 months and 8 years of age, for a session no longer than three- and
				one-half hours in duration, as defined at
				22
				MRS §8301-A(1-A)(D)
				("Nursery School").
b. A
				Child Care Provider does not include a:
i.
				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;
ii. Program offering relevant instruction to
				Children for the purpose of teaching a singular skill such as karate, dance or
				basketball;
iii. Private school
				recognized by the Department of Education as a provider of equivalent
				instruction for the purpose of equivalent school attendance; or
iv. 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.
4.
Child Care Provider
				Letter of Eligibility
means a letter sent by the Department to the Child
				Care Provider regarding a Staff Member or prospective Staff Member who was
				required to have a comprehensive background check that reports eligibility
				status exclusively and does not reveal specific disqualifying information or
				any confidential information regarding the individual subject of the
				comprehensive background check.
5.
Department
means the Office of Child and Family Services within
				the Department of Health and Human Services.
6.
Finding
means a decision
				reached by the Department 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.
7.
Household Member
means any
				person residing in the Family Child Care home of an Applicant or Child Care
				Provider.
8.
License
means written permission, whether provisional, temporary, conditional, or full,
				by the Department that authorizes the Child Care Provider to operate. For
				purposes of this rule, License has the same meaning as "certification" in
				22
				MRS §8301-A.
9.
Staff Member
means an
				individual not related to all Children for whom childcare services are provided
				who is employed, or has applied to be employed, by a Child Care Provider for
				compensation (including independent contractors) whose activities involve the
				care or supervision of Children or who otherwise have unsupervised access to
				Children who are cared for or supervised by a Child Care Provider.
10.
Staff Member Letter of
				Eligibility
means a letter sent by the Department to the individual who
				is subject to the comprehensive background check (including Household Members)
				that reports eligibility status, provides basis for determination when
				ineligible, and provides information regarding the individual's right to
				appeal.