reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 24 - RULES ON THE DISCLOSURE OF HIV STATUS INFORMATION ON A CHILD IN THE CUSTODY OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-24-III - DISCLOSURE BY OR WITHOUT APPROVAL OF THE SUBJECT OF THE TEST

Current through 2024-29, July 17, 2024
A. The child who is the subject of an HIV
				test may disclose the results to whomever he chooses. However the child is to
				be informed to the degree possible of the potential consequences or impact of
				disclosure.
B. A child capable of
				understanding has the right to know the names of the individuals to whom the
				Department has disclosed his HIV status and the basis for the disclosure. If a
				child objects to the Department's disclosure to a particular person., these
				objections are to be documented in the case record.
C. The Department's custodial rights and
				responsibilities in loco parentis have precedence over the desire for
				confidentiality by a child who was the subject of an HIV test and who is in the
				legal custody of the Department. Therefore.. the desire by the child for HIV
				test results not to be disclosed to any one or more of the persons designated
				in Sections I and II of these rules does not prevent disclosure as set forth in
				these rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 30 - EARLY CHILDHOOD EDUCATOR WORKFORCE SALARY SUPPLEMENT SYSTEM RULES › Section 148-30-2 - EARLY CHILDHOOD EDUCATOR ELIGIBILITY REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Early Childhood Educator Eligibility
				Requirements.
To be eligible for Salary Supplements under the Early
				Childhood Educator Workforce Salary Supplement System, an Early Childhood
				Educator must:
1. Be employed by a Child Care
				Facility or Family Child Care Provider for compensation (including as an
				employee, owner, independent contractor, or selfemployed) at any time in the
				month prior to the Early Childhood Educator Workforce Salary Supplement Payment
				(Volunteers are not eligible for Salary Supplements);
2. Provide Direct Services to Children;
				and
3. Be enrolled for the prior
				month in the MRTQ PDN Registry with a registration that meets the following
				requirements:
a. Have and maintain an "Active"
				status;
b. Be at least Level One on
				the PDN Direct Care Lattice;
c.
				Have one of the following as their position:
i. Assistant Director;
ii. Assistant Director/Lead
				Teacher;
iii. Assistant
				Teacher/Teacher Aide;
iv.
				Substitute/Teacher Aide
v. Camp
				Counselor;
vi. Education
				Technician;
vii. Family Child Care
				Assistant;
viii. Family Child Care
				Owner/Provider;
ix. Lead
				Teacher;
x. Program
				Director/Coordinator; or
xi.
				Program Director/Lead Teacher.
d. Have responsibility that indicates one of
				the following:
i. Direct Care;
ii. Direct Care &
				Administrative;
iii. Direct Care
				& Supervisory; or
iv. Direct
				Care, Administrative, & Supervisory.
4. Early Childhood Educators that leave
				employment within the field of providing Direct Services to Children prior to
				payment of the Salary Supplement for the prior month are not eligible for the
				payment.
5. Early Childhood
				Educators may seek assistance from the PDN Registry to enroll in the PDN
				Registry.
6. Early Childhood
				Educators employed at more than one Program are eligible for only one Salary
				Supplement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 30 - EARLY CHILDHOOD EDUCATOR WORKFORCE SALARY SUPPLEMENT SYSTEM RULES › Section 148-30-3 - PROGRAM REGISTRATION

Current through 2024-29, July 17, 2024
A.
Registration Eligibility.
Any licensed Early Care and Education
				Program holding an active and current license is eligible to participate in the
				Early Childhood Educator Workforce Salary Supplement System.
B.
Registration Process.
An
				eligible Early Care and Education Program must register for the Early Childhood
				Educator Workforce Salary Supplement System in accordance with the following:
1. Directors must ensure all Child Care Staff
				Members eligible for Salary Supplements under this rule register with Maine's
				Professional Development Network (PDN) Registry.
2. Directors must register their Early Care
				and Education Program with the Early Childhood Educator Workforce Salary
				Supplement System through the Department's online Registration Portal. Each
				Program location must register separately with the Department, even if the
				Early Care and Education Program operates in multiple locations.
3. The Department will approve a Program's
				registration within the Registration Portal. When registering through the
				Registration Portal, the Program will receive email confirmation of the
				approval and the amount approved within 5 days of submitting initial
				registration. This email will include a list of each approved Educator that is
				registered, and the amount of Salary Supplement Funding based upon the tier of
				that Educator. The Program must retain a copy of this email for Educator a
				minimum of three (3) years.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 30 - EARLY CHILDHOOD EDUCATOR WORKFORCE SALARY SUPPLEMENT SYSTEM RULES › Section 148-30-4 - GENERAL REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
OCFS
				Responsibilities.
The Early Childhood Educator Workforce Salary
				Supplement System administered by OCFS:
1.
				Maintains 3 tiers based on the MRTQ PDN Registry levels of Early Childhood
				Educators. The second tier provides a salary supplement that is at least 50%
				greater than the first tier, and the third tier is at least 50% greater than
				the second tier.
2. Pays Salary
				Supplement Funding to each licensed Early Care and Education Program once per
				month. The amount of Department-approved Salary Supplement Funding paid to a
				Program shall be based on the information provided in the Registration Portal.
a. Enrolled Early Care and Education Programs
				will receive email notification from the Department if an Educator becomes
				ineligible due to ineligible position title, inactive MRTQ PDN Registry status,
				or ineligible MRTQ PDN Registry Career Lattice, or does not have a direct care
				responsibility.
3. If an
				eligible Educator changes employment mid-month to another enrolled Early Care
				and Education Program, the Department will contact the Early Care and Education
				Programs to request updates to their MRTQ PDN Registry and the Registration
				Portal based on the Educator's employment status for current month's Salary
				Supplement Funding.
4. Provide
				technical assistance to Early Care and Education Programs, including
				instruction on registering and updating information in the Registration Portal
				and explanations of the tiers.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 30 - EARLY CHILDHOOD EDUCATOR WORKFORCE SALARY SUPPLEMENT SYSTEM RULES › Section 148-30-5 - TIERS

Current through 2024-29, July 17, 2024
An Educator's Tier is based on the highest PDN Registry level
				  they achieved in the previous month.
A.
Tier 1.
Level One through
				Four on PDN career lattice
https://www.mrtq.org/wp-content/uploads/2023/06/MRTQ_Lattices.pdf
B.
Tier 2.
Level Five and Six on
				PDN career lattice
https://www.mrtq.org/wp-content/uploads/2023/06/MRTQ_Lattices.pdf
Tier 2 Educators receive a monthly salary supplement of 150%
				  of the Tier 1 monthly salary supplement.
C.
Tier 3.
Level Seven and Eight
				on PDN career lattice
https://www.mrtq.org/wp-content/uploads/2023/06/MRTQ_Lattices.pdf
Tier 3 Educators receive a monthly salary supplement of 150%
				  of the Tier 2 monthly salary supplement.
D. The Department will determine Tier amounts
				based on current annual budget and total number of Educators enrolled in the
				System.
E. Salary Supplement
				amounts and any changes to amounts will be posted on the Early Childhood
				Educator Workforce Salary Supplement Program website:
https://www.maine.gov/dhhs/ocfs/provider-resources/early-childhood-educator-workforce-salary-supplement-program
.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 30 - EARLY CHILDHOOD EDUCATOR WORKFORCE SALARY SUPPLEMENT SYSTEM RULES › Section 148-30-6 - COMPLIANCE MONITORING

Current through 2024-29, July 17, 2024
A. The Department
				will conduct Compliance Monitoring of Programs and their staff at its
				discretion. The Department will email the Director of the Early Care and
				Education Program a set of questions related to workforce retention due to the
				Early Childhood Educator Workforce Salary Supplement System and request Payroll
				Records sufficient to determine the correct Early Childhood Educator Workforce
				Salary Supplement Payment was paid out to each eligible Early Childhood
				Educator for each of the previous months requested.
B. The program director has thirty (30)
				calendar days from the date of the email to respond.
C. After thirty (30) calendar days with no
				response, the Department shall give written notice to the Early Care and
				Education Program withholding future Salary Supplement Funding until a response
				is received.
D. The Department will
				also email each individual Early Childhood Educator using the Educator's
				current email address in the PDN Registry to verify that they have received all
				Salary Supplements from the Early Care and Education Program.
E. Early Childhood Educators can contact the
				Department with questions or concerns regarding any Early Childhood Educator
				Workforce Salary Supplement Payment or to report not being issued the Early
				Childhood Educator Workforce Salary Supplement Payment by the Early Care and
				Education Program.
F. Early Care
				and Education Programs will maintain, retain, and provide Payroll Records to
				the Department upon request. Payroll Records must be retained for a minimum of
				three (3) years.
G. When Payroll
				Records submitted to the Department are not sufficient to determine the correct
				Early Childhood Educator Workforce Salary Supplement Payment was paid to every
				eligible Educator by the Early Care and Education Program for each of the
				previous months requested, the Department will provide written notice
				withholding future Salary Supplement Funding until a response is received.
				Early Care and Education Programs have thirty (30) calendar days from the date
				that the notice was sent to provide Payroll Records demonstrating corrections
				were made to the Early Childhood Educator's Early Childhood Educator Workforce
				Salary Supplement Payment. If such Payroll Records are not provided, or remain
				insufficient to determine the correct Early Childhood Educator Workforce Salary
				Supplement Payment was paid to every Educator by the Early Care and Education
				Program each of the previous twelve months, the Department will determine that
				an Overpayment was caused by the Early Care and Education Program, and recoup
				the Overpayment consistent with this Rule.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 30 - EARLY CHILDHOOD EDUCATOR WORKFORCE SALARY SUPPLEMENT SYSTEM RULES › Section 148-30-7 - IMPROPER SALARY SUPPLEMENT FUNDING PAYMENTS

Current through 2024-29, July 17, 2024
A.
Underpayments and Overpayments
1.
				If the Department pays an Early Care and Education Program less Salary
				Supplement Funding than its eligible Educators are entitled to in Salary
				Supplements under this rule, the result is an Underpayment. The amount of the
				Underpayment is the difference between the total amount of Salary Supplements
				all employees were eligible for in a given period and the amount of Salary
				Supplement Funding received by the Program for the same
				period.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 30 - EARLY CHILDHOOD EDUCATOR WORKFORCE SALARY SUPPLEMENT SYSTEM RULES › Section 148-30-8 - APPEALS

Current through 2024-29, July 17, 2024
A.
Administrative Hearing.
1. To appeal a Department decision regarding
				Overpayment or Underpayment, the Early Care and Education Program must request
				an Administrative Hearing from the Department within ten (10) calendar days of
				receiving the Department's written notice regarding the challenged Overpayment
				or Underpayment determination.
2.
				The Office of Administrative Hearings shall notify the Program in writing of
				the date, time, and place of the hearing, and shall designate a hearing
				officer.
3. The hearing shall be
				held in conformity with the Maine Administrative Procedure Act and the
				Administrative Hearings Regulations, 10-144 C.M.R. ch. 1.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 31 - QUALITY RATING AND IMPROVEMENT SYSTEM RULES: RISING STARS FOR ME › Section 148-31-2 - REQUIRED ENROLLMENT AND ELIGIBILITY REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Required Enrollment
. The
				following Programs must be enrolled in Rising Stars for ME:
1. All Licensed Family Child Care Providers
				and Child Care Facilities in Maine, including Licensed Out-of-School Programs
				and Head Start Programs.
2. All
				License-Exempt Programs participating in the CCSP, excluding Relative Child
				Care Providers, but including:
a.
				Non-Relative License-Exempt Programs; and
b. Recreation Programs.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 31 - QUALITY RATING AND IMPROVEMENT SYSTEM RULES: RISING STARS FOR ME › Section 148-31-3 - APPLICATION

Current through 2024-29, July 17, 2024
A.
Register.
A Program may apply
				to Rising Stars for ME once all Child Care Staff Members are registered with
				the Maine Professional Development Network Registry.
B.
Apply.
A Program applies for
				enrollment in Rising Stars for ME by completing the application form at
https://qualityforme.org
and the
				self-assessment by using the Standards at each Star Rating. Separate
				applications for Rising Stars for ME are required for each Program location if
				the Program operates in multiple locations.
C.
Rating.
Upon completion of
				the online application, the Program is assigned a Star Rating and provided
				information about what Requirements need to be met to advance to the next Star
				Rating.
D.
Certificate.
The Program is mailed a certificate indicating the Program's Star Rating. The
				Department reserves the right to extend or delay the issuance dates on QRIS
				certificates due to a State of Emergency, required inspections, buying, or
				selling of the Program, or compliance with a directed plan of action ordered by
				the Department's licensing authority or a Program Improvement Plan as described
				in these rules.
1. An updated certificate and
				start date will be issued when changes to a Program's Star Rating
				occurs.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 31 - QUALITY RATING AND IMPROVEMENT SYSTEM RULES: RISING STARS FOR ME › Section 148-31-4 - STAR RATING STANDARDS AND REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
General
1.
"Building Block
				Approach" Rating System.
Rising Stars for ME uses a "building block
				approach" rating system, meaning a Program must meet all Standards and
				Requirements for its Program type in each lower Star Rating, and all Standards
				and Requirements in the next Star Rating, to advance to the next Star Rating.
				For example, to advance to a Star 2 (two), a Program must meet all the
				Standards and Requirements for Star 2 (two) and demonstrate continued
				compliance with all Standards and Requirements for Star 1 (one) for its Program
				type.
2.
Expiration
: A
				Program's Star Rating start and end date aligns with a Program's child care
				License or a CCSP License-Exempt Provider Agreement. A Program must renew their
				Star Rating certificate at the time of their License renewal or at the time
				their CCSP License-Exempt Provider Agreement is updated, unless the Program:
a. No longer meets the Standards for the
				assigned Star Rating, as determined by the Department under these rules,
				or
b. Requests an earlier review and
				demonstrates to the Department that it has met the Standards necessary to
				advance to the next Star Rating.
3.
No Fee.
There is no fee to
				enroll with Rising Stars for ME.
4.
Technical Assistance
. Rising Stars for ME provides Technical
				Assistance to Programs by helping to identify needs for additional resources
				and supports to increase their level of quality. Technical Assistance is
				provided at the Department's discretion.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 31 - QUALITY RATING AND IMPROVEMENT SYSTEM RULES: RISING STARS FOR ME › Section 148-31-5 - PORTFOLIO AND SITE VISITS

Current through 2024-29, July 17, 2024
A.
Portfolio.
A portfolio must be created and maintained by the
				Program and meet the following requirements:
1. Provides evidence that Standards at each
				Star Rating are met;
2. May be kept
				electronically or as a hardcopy;
3.
				Available if the Program is randomly selected for review by OCFS; and
4. Available if the Program is randomly
				selected for a Site Visit by OCFS.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 31 - QUALITY RATING AND IMPROVEMENT SYSTEM RULES: RISING STARS FOR ME › Section 148-31-6 - DIFFERENTIAL RATES FOR QUALITY REIMBURSEMENT

Current through 2024-29, July 17, 2024
A.
Differential Rates:
The
				Department under Maine's
Child Care Subsidy Program (CCSP)
				Rules
, 10-148 C.M.R. ch. 6 is required by 22 M.R.S. §
									3737(3) to pay a
				differential rate for child care services that meet or that make substantial
				progress toward meeting nationally recognized quality standards.
1. The Department provides for graduated
				quality differential rates for steps that demonstrate that a child care
				provider meets or makes substantial progress toward meeting nationally
				recognized quality standards at or above a Star 3 (three) Rating.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 31 - QUALITY RATING AND IMPROVEMENT SYSTEM RULES: RISING STARS FOR ME › Section 148-31-7 - RULES AND VIOLATIONS

Current through 2024-29, July 17, 2024
A.
Licensed
				Programs.
Programs enrolled in Rising Stars for ME must comply with
				licensing rules.
B.
Rules.
Licensed Children Care Services in Maine are provided by
				Family Child Care Providers or Child Care Facilities. Child Care Facilities are
				subject to 10-148 C.M.R. ch. 32,
Child Care Facility Licensing
				Rule-Child Care Centers, Nursery Schools, Small Child Care Facilities, Other
				Programs
. Family Child Care Providers are subject to 10-148 C.M.R. ch.
				33,
Family Child Care Provider Licensing Rule
. The Department
				enforces those rules, including violations, under their own terms. In addition
				to any enforcement action taken by the Department pursuant to those rules, the
				Department may pursue any of the following actions with respect to the
				Program's enrollment with Rising Stars for ME based on a Licensing Violation:
1. Provide Technical Assistance,
2. Require Technical Assistance with the
				Maine Professional Development Network or other Department-approved
				agencies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 31 - QUALITY RATING AND IMPROVEMENT SYSTEM RULES: RISING STARS FOR ME › Section 148-31-8 - APPEALS

Current through 2024-29, July 17, 2024
A.
Informal Review.
A Program
				may request an Informal Review of its Star Rating by contacting the CCDF
				Administrator in writing.
1. The Department
				will review all appropriate documentation related to the Star Rating of the
				Program to determine if the correct Star Rating has been assigned.
2. The Department will notify the Program of
				its decision on the Informal Review in writing within thirty (30) business
				days.
a. During the Informal Review process,
				the requested Program will remain at the higher Star Rating.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-3 - 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.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-4 - 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. Routine inspections occur at the following times:
1. Upon application;
2. Annually, after the date of initial
				licensure;
3. When the Child Care
				Facility has requested an increase in capacity, a change in premises or
				services, a change or proposed change in administrator, program description,
				physical plant or services;
4. To
				investigate a complaint of rule violation, or an allegation of suspected abuse
				and/or neglect;
5. For routine
				monitoring of care, including determining compliance with a Plan of Action or
				Directed Plan of Action to ensure that cited deficiencies have been
				corrected.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-5 - RECORD MANAGEMENT AND RETENTION

Current through 2024-29, July 17, 2024
A.
Record
				management.
Facilities must comply with the following:
1. The Child Care Facility must maintain a
				separate file for each Child Care Staff Member and Child served. These records
				must be retained by the Child Care Facility for a minimum of three years after
				the Child leaves care or the Child Care 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 for
				each group of Children. The list must be available for inspection by the
				Department and be kept on site for three years.
3. The Child Care Facility must record actual
				hours worked and break times in which Child Care 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. The Child Care
				Facility must maintain a separate record of all reports of alleged Child abuse
				and/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; the Department
				of Public Safety, State Fire Marshal's Office, and local fire
				inspectors.
6. The Child Care
				Facility must draft and follow a records management and retention policy, which
				must include provisions for access to Child records by legal guardians.
7. Child Care Facilities must
				maintain clean, readable records in an orderly, accessible format.
8. A record of rabies vaccinations for all
				pets on the premises.
9. Child Care
				Facilities 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.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-6 - REPORTING REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Child care
				changes
. Child Care Facilities must provide written notification to the
				Department of the following, within 24 hours of occurrence:
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 have 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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-7 - 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
				or immunization record may be cared for in a Child Care Facility.
B.
Limitations on capacity.
1. Children of Child Care Staff Members must
				be counted in the appropriate age groups and in determining staff-child ratios
				and capacity when in care at the Child Care Facility.
2. 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. A Child Care Staff
				Member has physical limitations that would impact the Child Care Staff Member's
				ability to safely care for, supervise or respond to the needs of Children in
				care.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-8 - TRAINING

Current through 2024-29, July 17, 2024
A.
Child Care Facility
				Responsibility
. The Child Care Facility is responsible for ensuring that
				all Child Care Staff Members are familiar with the operation of the Child care
				and understand the relevant requirements of this rule.
1. All Child Care Staff Members must receive
				training regarding fire drill and other emergency and disaster procedures
				within the first week of service.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-9 - CHILD GUIDANCE

Current through 2024-29, July 17, 2024
A.
Positive
				methods of Child guidance.
All Child Care 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 Child Care Facility 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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-10 - RIGHTS OF CHILDREN AND PARENTS

Current through 2024-29, July 17, 2024
A.
Rights of
				Children.
Children receiving Child care from Child Care Facilities have
				the following rights.
1. Children must be free
				from emotional, physical and/or 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 Child care services without discrimination 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 Child Care
				Facility.
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 Child Care
				Facility.
7. Each Child has the
				right to Developmentally Appropriate activities, materials, and equipment.
8. Children with disabilities have
				the right to reasonable modifications to Child Care Facility policies and
				practices.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-11 - REPORTING CHILD ABUSE AND NEGLECT

Current through 2024-29, July 17, 2024
A.
Requirement
				to report Child abuse or neglect.
All Child Care Staff Members 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.
Child Care
				Facility requirement to inform.
The Director must inform all Child Care
				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 Child Care Staff Members
				as provided in Section 8 of this Rule.
C.
Written instruction provided.
Child Care 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 Child Care Facility 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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-12 - 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 Child Care Facility 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
https://www.maine.gov/dhhs/mecdc/infectious
				disease/immunization/documents/Childcare%20Immunization%20Standards.pdf
and published August 8, 2021), 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. Pursuant to P.L. 2019, Ch. 154, §11,
				effective September 1, 2021, Children must be immunized as set forth herein and
				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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-13 - DRINKING AND WASTEWATER

Current through 2024-29, July 17, 2024
A.
Drinking
				water.
A Child Care Facility must provide documentation of water safe
				for drinking by Child Care Staff Members and Children in care. If a
				satisfactory supply cannot be provided, a license or renewal of a license may
				not be issued.
1. Facilities 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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-15 - SWIMMING AND WADING

Current through 2024-29, July 17, 2024
A.
Policies
				regarding water activities and safety procedures
. Direct supervision and
				in close physical proximity of Children is required at all times, by Child Care
				Staff Members in close physical proximity to allow intervention and within
				sight and sound of all Children in the swimming or wading activity area.
1. A Child Care Facility that provides
				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 at the Child Care Facility and
				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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-16 - FOOD AND KITCHEN FACILITIES

Current through 2024-29, July 17, 2024
A.
Well-balanced meals and snacks.
Meals and snacks provided by the
				Child Care Facility must be nutritious and well-balanced. Each meal (breakfast,
				lunch, and dinner) and snack provided by the Child Care Facility 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 will 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. The staff 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 highly processed foods with high salt or sugar
				content 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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-17 - TRANSPORTATION

Current through 2024-29, July 17, 2024
A.
Driver requirements.
Any
				person driving Children receiving Child care from a Child Care Facility 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 from driving Children receiving Childcare at a Child Care Facility,
				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 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-18 - INFANT/TODDLER CARE

Current through 2024-29, July 17, 2024
A.
Additional
				rules for programs serving infants and toddlers.
In addition to the
				preceding rules, a Child Care Facility serving Children ages six weeks to 36
				months must also comply with this section.
B.
Restriction to first floors
.
				Children under two years of age are restricted to first floors or floors having
				direct exit at grade level.
C.
Promoting developmental needs.
The developmental needs of Infants
				and Toddlers must be promoted in the following ways:
1. The Child Care Facility 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 consecutive minutes; and
7. Infants and toddlers may be combined in a
				group only when the total number does not exceed 8 Children.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-19 - NIGHT TIME CARE

Current through 2024-29, July 17, 2024
A.
Additional
				rules for nighttime care.
A facility receiving Children for Nighttime
				care must comply with the requirements in this section, in addition to other
				sections of this rule.
B.
Individualized care.
Special effort must be made by the Child Care
				Facility to individualize care at a Child's bedtime and awakening.
1. Child Care Staff Members must be awake,
				provide proper supervision, and remain alert to the needs of
				Children.
2. In Child Care
				Facilities, at least two staff persons must be present in the program at all
				times during the hours that night time care is in operation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-20 - SCHOOL AGE AND OCCASIONAL CARE PROGRAMS

Current through 2024-29, July 17, 2024
A.
Additional rules for school-age Child Care Facilities.
In addition
				to the preceding rules, School-Age Child Care Facilities must comply with this
				section. School-Age Child Care Facilities include (A) facilities licensed for
				thirteen (13) or more that include a School-Age Childcare Program, and (B)
				facilities licensed for twelve (12) or fewer that serve school-age Children
				exclusively.
1. There must be space,
				activities and equipment for group and individual activity;
2. Planned activities must reflect an
				awareness of the social, emotional, physical and cognitive needs of older
				Children; and
3. The facility must
				allow time for individual self-directed activity.
4. School -age Child Care Facilities located
				in public school buildings, as defined by and approved by the Department of
				Education, shall be exempt from the following rules:
a. Sections 2(A)(6)(a), 2(C)(7), and 2(C)(8)
				regarding code compliance;
b.
				Section 7(C)(3)(b) regarding the requirement to have two staff people
				present;
c. Section 14(A) (1-2)
				regarding stairs;
d. Section 14(D)
				regarding carbon monoxide detectors; and
e. Section 14(F)(2)(b) regarding
				screens.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 32 - CHILD CARE FACILITY LICENSING RULE - CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS › Section 148-32-21 - Enforcement, Subsequent Reapplication, and Appeal RIGHTS

Current through 2024-29, July 17, 2024
A.
Enforcement.
The Department
				may direct any Child Care Facility 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. The
				Department may take one or more of the measures set forth herein, at any
				appropriate level, to address violations of this rule or applicable statutes.
B.
Civil Penalties.
The Department may assess civil penalties in accordance with the schedule of
				penalties outlined in this rule, if the Child Care Facility fails to comply
				with applicable laws and/or this rule.
1. A
				civil penalty may be assessed for a violation as set forth in this rule.
2. A civil penalty is issued via a
				Notice of Civil Penalty. The Notice will describe each violation, the rule or
				statute that has been violated and any scheduled amount of civil penalty
				corresponding to that violation.
3.
				The Department has established the following schedule of civil penalties for
				Child Care Facility's failing to correct violations by the Department's
				timeline pursuant to
				22 MRS
				§7702-A:
a.
Violations regarding
				records/disclosure
: $500.00 per violation.
b.
Violations regarding Child to staff
				ratios
- not more than $500/incident or $500/number of Children above
				the limit set by rule, or both.
5. Child Care Facilities are required to pay
				the Department the amount of the civil penalty within 30 days of receipt of the
				Notice of Civil Penalty. If the Child Care Facility has not paid the total
				fines due before license renewal, then the license renewal application will be
				denied.
6. Imposing a civil penalty
				is not deemed, in any way, to extend any deadline for compliance.
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 148-33-2 - LICENSING REQUIREMENTS AND PROCEDURES

Current through 2024-29, July 17, 2024
A.
Licensing
1. No person may
				provide child care for more than two (2) Children who are not the Children of
				the Provider, or who are not residing in the person's home, without a License
				from the Department in force, authorizing such operation, in accordance with
				22
				M.R.S.
				§8301-A(3).
2. The Provider must post the following,
				where easily seen, on the Premises:
a. The
				current License issued by the Department;
b. The results of the most recent inspection,
				showing any violations of this rule;
c. Any enforcement actions, including a
				Directed Plan of Action or a conditional License; and
d. Any notices or correspondence required by
				the Department to be posted, including but not limited to water test results or
				any lead hazard assessment.
3. The Department will post inspection
				reports to a website available to the general public, for a running period of
				three years.
4. Licenses are only
				effective at the Premises for which they are issued. If the Provider moves to
				another location, a new License must be issued prior to operation.
a. A License may not be transferred from one
				Provider to another, from one location to another, or from one owner to
				another.
b. In the event of an
				unanticipated occurrence, such as a fire, that renders an approved location
				uninhabitable, a Provider may provide services in an alternative location upon
				approval by the Department, in accordance with the Department of Health and
				Human Services' Child Care Emergency Plan, Version 1.3, November 6,
				2018.
c. The alternative location
				must also be approved by the State Fire Marshal's Office or provider's local
				fire department prior to the provision of childcare services.
5. No Provider shall care for more
				Children than their Licensed Capacity. Providers must only care for Children
				within the age range of the License issued and within the proper staff-Child
				ratios for those age ranges.
a. Changes in
				capacity or age range may be made at the discretion of the Department, and when
				necessary, with the approval of the local code enforcement and the State Fire
				Marshal's Office.
b. The License
				may be amended or reissued to increase or decrease the number of Children
				allowed or to change the age range of Children that may be cared for by the
				Provider.
6. Buildings on
				the same Premises as the Applicant's residence may be issued a Family Child
				Care License.