Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 33 - Family Child Care Provider Licensing Rule › Section 144-33-5 - RECORDS

Current through 2024-29, July 17, 2024
A.
Record retention.
All child,
				personnel and licensee records must be kept on-site. All child records must be
				retained for a minimum of two years after discharge. Licensees must be able to
				locate and have access to child records during business hours. All personnel
				records must be retained for a minimum of two years after
				termination.
B.
Falsification
				of records.
Falsification of records is a Class D crime under
				17-A M.R.S.
				§453 and may result in action by the
				Department.
C.
Child
				records.
Licensees must keep records for all children served. Child
				records shall be confidential, but made available for inspection by the
				Department for licensing and investigative purposes. Child records may also be
				released upon written authorization by a child's parent, except as otherwise
				specified by
				22 M.R.S.
				§7703. Child records must include:
1. The child's name, birth date, street
				address and mailing address;
2. The
				name, street address, mailing address and telephone number of the child's
				parents;
3. Places of employment,
				telephone number, and street address of the child's parents'
				employers;
4. The method of
				contacting the parents while the child is in care;
5. The name, street address and telephone
				number of an emergency contact other than the parents, for use in the event of
				an emergency, if the parents cannot be reached;
6. Dates of enrollment and
				termination;
7. Immunization
				records;
8. The names, addresses
				and telephone numbers of the child's physician;
9. Written authorization to obtain emergency
				medical care for the child;
10. A
				record of all serious injuries and reportable incidents sustained by the child
				while in care as defined in
				22 M.R.S.
				§7701(5), recorded on
				the same day of the injury and including the date and time of the notification
				of a parent, signed by the parent within 48 hours of the incident in accordance
				with
				22 M.R.S.
				§7702(2);
11. A record that the provider has shared the
				following information with the child's parent at the time of admission:
a. Child guidance practices;
b. Expulsion and suspension
				practices;
c. Management of child
				illness;
d. Emergency preparedness
				for natural disasters and human-caused events, including but not limited to,
				fire drills;
e. Release of children
				to non-custodial caregivers;
f.
				Mandated reporting; and
g. Serious
				injury and child death reporting.
12. The names of individuals who are
				permitted by the parents to remove the child from the premises;
13. Notation of any known significant changes
				in the child's appearance, hygiene, health or behavior including, but not
				limited to, aggression, withdrawal, sexual acting out and prolonged
				tantrums;
14. The child's known
				allergies and other health conditions, including any related health
				plans;
15. Written permission or
				denial for use or distribution of images or personal information of the child
				on any publications, social media or promotional materials;
16. A complete record if suspected child
				abuse or neglect is reported to the Department's child protective
				intake;
17. Any professional
				developmental assessments of the child provided by the parent, if
				available;
18. Any relevant
				documentation of medical necessity (for example, sleeping in a non-horizontal
				position or avoiding the use of sunscreen), if applicable; and
19. Written permission from the child's
				parents before allowing the child to participate in any high-risk activity. The
				permission must describe all types of high-risk activities provided and the
				authorization must be updated at least annually and must list the child's name,
				type of activity, location of activity, parent's signature and date. High-risk
				activities include but are not limited to swimming, horseback riding and using
				a trampoline.
20. If any
				information is missing from the child's record, licensees must include a
				written explanation in the child's record that states why the information is
				missing.