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 15-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in these rules the following definitions shall
				  apply:
A. "Family Foster Home for
				Children" means a children's home that is a private dwelling, where substitute
				parental care is provided within a family on a regular, 24-hour a day,
				residential basis to children under 18 years of age. The total number of
				children in care may not exceed 6, including the family's legal children under
				16 years of age, with no more than 2 of these children under the age of 2. In
				order to keep siblings together, this definition shall not prohibit the
				placement of more than the allowed number. The placement of a sibling group,
				which would exceed the six children permitted by law, is applicable when either
				a sibling is already placed in the home or at least one licensed slot is vacant
				and adequate space is available in the foster home. Indian tribes have the
				authority to license or approve foster families located on the reservation
				according to their own rules and regulations.
B. "Blood relatives" shall mean mother,
				father, child, brother, sister, grandparents, uncles, aunts, nieces, nephews,
				first cousins, and any of the foregoing relatives by adoption.
The definition for an Indian child's "extended family member"
				  shall be in accordance with the Indian Child Welfare Act. The Act states that
				  an extended family member shall be as defined by the law or custom of the
				  Indian child's tribe or, in the absence of such law or custom, shall be a
				  person who has reached the age of eighteen and is the Indian child's
				  grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law,
				  niece or nephew, first or second cousin or stepparent.
C. "Relatives by marriage" shall mean
				step-child, step-brother, step-mother, step-father, step-sister, and
				step-grandparents.
D. "Department"
				shall mean the Department of Health and Human Services.
E. "Foster child" shall mean a child under l8
				years of age, who requires out of home care on a regular 24-hour a day,
				residential basis.
F. "Indian
				child" shall mean an unmarried person who is under age eighteen and is either
				(a) a member of an Indian tribe or (b) is eligible for membership in an Indian
				tribe and is the biological child of a member of an Indian tribe.
G. "Foster parent" shall mean a person
				maintaining a family foster home for children.
H. "Scheduled Drug" shall mean any scheduled
				drug, W, X, Y and Z pursuant to Title 17-A M.R.S.A. §1102.
I. "Practices detrimental to the welfare of
				children" shall include but not be limited to:
1 Sexual acts or sexual contact with a child,
				sexually suggestive touching, verbal harassment or insinuations or exposure of
				a child to viewing such acts or practices.
2 Acts or threats of violence within the
				family and/or community. Such acts or threats include verbal/physical abuse of
				another person.
3 Using,
				trafficking in, or furnishing unauthorized scheduled drugs.
4 Furnishing or allowing the use of alcohol
				or tobacco products to any children in their care.
5 Patterns of intoxication within the foster
				home, the effects of which are experienced by a child.