Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 16 and 15 - RULES PROVIDING FOR THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-2 - LICENSING PROCEDURES

Current through 2024-29, July 17, 2024
A. Any person who makes application for a
				license to operate a family foster home for children under l8 years of age,
				including family foster care for Indian children, and who has been determined
				to be in compliance with applicable licensing requirements may receive a
				license from the Department. There is no charge for this license.
B. An applicant for a license to operate a
				family foster home for children under 18 years of age must reside in Maine and
				intend to reside in Maine for the period required for completion of the
				licensing/approval process.
C.
				Application for a license shall be made to the Department on a form provided by
				the Department. Any misrepresentation, falsification or omission on the
				application or during the application process may be a basis for
				denial.
D. Following the receipt of
				a complete application the Department will evaluate the adequacy of care
				planned or provided for foster children and the adequacy of the physical plant
				in accordance with the applicable laws and regulations adopted by the
				Department and a decision will be made by the Department to grant or deny a
				license.
E. At the time of
				application the applicant will sign a consent allowing a licensed medical
				personnel approved by the Department to provide a medical statement on a form
				provided by the Department. No person shall be required to submit to an
				examination if he or she states in writing that it is contrary to his or her
				religious teachings and practice unless there is probable cause to suspect that
				he or she manifests the symptoms of communicable or contagious disease or
				illness that may affect the quality of child care provided.
F. When the Department has reasonable cause
				to believe that the applicant, licensee, or person(s) residing in the foster
				parent(s) household may have a physical, mental health or substance abuse
				problem which would have a detrimental impact on the care of children, the
				Department may request the applicant or licensee to provide the Department with
				a report from an approved physician, a licensed mental health clinician, or a
				Licensed Substance Abuse Counselor of an assessment of the impact or the effect
				of the condition(s)/issue(s) and the treatment and level of functioning of the
				individual. No person shall be required to submit to an examination/evaluation
				if he or she states in writing that it is contrary to his or her religious
				teachings and practice.
G. At the
				time of initial application, completed references including complete contact
				information, shall be required from three persons who are acquainted with but
				not related to the applicant(s). Exceptions may be requested to use a relative
				as a reference but must receive prior approval from the Licensing Unit
				Supervisor of the Department.
H. At
				the time of initial application, the applicant(s) shall undergo fingerprinting
				in order to allow the Department to submit required fingerprint-based checks of
				national crime information databases.
I. At the time of initial or renewal
				application, the applicant shall submit releases signed by each adult member of
				the household and at the discretion of the Department shall submit releases
				signed by any person who frequents the home who may have unsupervised access to
				the foster children permitting the Department to request criminal history
				records from the Department(s) of Public Safety, State Police, Bureau of
				Identification; or other law enforcement agencies from any past or present
				residence including out of state law enforcement agencies.
J. The applicant(s) may withdraw their
				application at any time during the application period upon notification to the
				Department.
K. The maximum number
				of children to be placed in a family foster home shall be stated on the
				license. The license may be reissued for a larger or smaller number of
				children. In determining the maximum number, the Department shall consider such
				factors as: living space, safety issues, health, status and age of the children
				and the ability of the foster parents to adequately care for and supervise the
				children in the household. Foster parents shall not exceed the number of
				children for whom they are licensed with the following exception: in order to
				keep siblings together the foster parents may receive written approval from the
				Foster Care Licensing Worker or Foster Care Licensing Supervisor. In order to
				receive this exception there must be either a sibling already placed in the
				home or at least one licensed slot is vacant and adequate space is available in
				the foster home.
L. Foster parents
				shall permit Department staff or guardian ad litems to enter their foster home
				at any reasonable time to (a) license or evaluate compliance with the rules
				and/or (b) privately talk with and observe the foster child(ren) in the
				home.
M. Licenses are in effect at
				the address on the license. If the licensee moves to a new location, a new
				application must be submitted. The existing license will become void 30 days
				after the move, unless the Department licensing staff completes an evaluation
				of the new foster home to ensure compliance with licensing rules. The license
				is valid only at the primary residence of the foster parent.
N. Applications for renewal of a license
				shall be made 60 days prior to the date of expiration in order that necessary
				licensing procedures may be completed to assure the continuity of the license.
				A re-evaluation of the family foster home will be conducted by Department
				licensing staff to ensure compliance with licensing rules.
O. The licensee shall report any changes in
				the foster home to the licensing worker or licensing supervisor within five
				days.
P. No license to operate a
				foster family home at any location can be issued until such home passes a
				satisfactory inspection for fire safety and fire protection. However, a
				temporary license may be issued pursuant to 3 (C) of these Rules.
1 Fire inspections shall be undertaken in a
				time frame in accordance with Title 22 M.R.S.A. §8103.
2 All inspections shall be made under the
				provisions of Title 25, M.R.S.A. §§ 2360, 2391, 2392 and 2452. Such
				inspections are made by the State Fire Marshal's Office in the Department of
				Public Safety at the request of the Department.
3 In the case of an unsatisfactory fire
				inspection, the applicant shall submit a plan of correction to the State Fire
				Marshal's Office within l0 days of receipt of the notice of
				deficiencies.