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 148-33-1 - STATEMENT OF PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Statement of Purpose
. The purpose of this rule is to establish
				licensing standards for Family Child Care Providers. This rule is promulgated
				in accordance with 22 M.R.S., Chapters 1661, 1663 and 1673 and describes the
				minimum requirements for the licensing and operation of Family Child Care
				Providers. The rule supports childcare services that meet Children's
				psychosocial and developmental needs, while providing a safe, healthy and
				secure environment.
NOTICE OF MAJOR SUBSTANTIVE PROVISIONALLY ADOPTED PARTS
				  OF THIS RULE
The Maine Legislature has designated parts of this rule
				  as major substantive, per
				  22
				  M.R.S.
				  §§8302-A(2)(G)-(K)
				  and
				  8303-A(1).
				  Other sections are designated as routine technical, per
				  22
				  M.R.S. §§7702-B,
				  7703,
				  7802,
				  8301-A
				  and
				  8302-A(2)(A)-(F).
				  Each section will be designated as routine technical or major substantive
				  throughout this rule, by shading: Major Substantive parts of the rule are
				  shaded to differentiate them from routine technical parts.
Routine technical provisions of the rule are effective
				  upon the effective date of this rule. The major substantive rule provisions
				  have been provisionally adopted and are not legally effective pursuant to
				  5 M.R.S.
				  §8072(8). But NOTE: The
				  Department has adopted the major substantive provisions of this rule on an
				  emergency basis in a separate rulemaking on May 27, 2021, and those emergency
				  provisions are effective as of the effective date of the emergency
				  rule.
B.
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.
Accident
means an Incident
				that results in damage or creates observable injuries (scratch, bite mark,
				scraped knee, first aid given, etc.).
3.
Adult
means a person 18 years
				of age and over.
4.
Applicant
means any person applying for a License under these
				Rules.
5.
Attendance
				Record
means a list of the names of Children who are physically present
				each day.
6.
Bio-contaminants
are living organisms (such as bacteria, enzymes,
				fungi, viruses) or their products that can be hazardous to animal or human
				health if inhaled, swallowed, or otherwise absorbed into the body.
7.
Certified Lifeguard
means a
				person who holds a current certificate in life saving techniques issued by a
				qualified instructor from a recognized organization upon successful completion
				of a live training.
8.
Child
				or Children
means a person or persons under the age of 13.
9.
Clean
means to remove dirt,
				debris, and bodily fluids by scrubbing and washing with a detergent solution
				and rinsing with water.
10.
Consent Agreement
means a written set of stipulations that a
				Provider must follow as a condition of licensure.
11.
Critical Violation
means
				that a requirement within this rule was not met by a provider and may result in
				serious injury to a Child. A critical violation, if not corrected by the
				measures described in Section
				20 of this rule, may result in an
				administrative fine of $250 per critical violation. Critical violations are
				indicated in this rule by a text box next to each applicable rule provision, as
				shown at left.
12.
Days
means calendar days, unless otherwise stated.
13.
Department
means the unit
				within the Department of Health and Human Services with the responsibility for
				conducting inspections and issuing Licenses, unless otherwise specified within
				this rule.
14.
Developmentally Appropriate
means actions, environment, equipment,
				supplies, communications, interactions, or activities that are based on the
				individual physical, emotional, social, and cognitive needs of each Child in
				care.
15.
Discipline
means teaching Children about expectations, guidelines and principles, to
				maintain safety, foster sound judgement, and develop and maintain
				self-discipline.
16.
Family
				Child Care Provider
means a person who provides child care in that
				person's home on a regular basis, for consideration, for 3 to 12 Children under
				13 years of age who are not the Children of the Provider or who are not
				residing in the Provider's home.
17.
Finding
means a decision
				reached by an Out of Home Investigator 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.
18.
Field Trip
means any excursion off the Premises of the Provider.
19.
Hazardous Material
means any
				item or agent (biological, chemical, radiological, and/or physical), which has
				the potential to cause harm to humans, animals, or the environment, either by
				itself or through interaction with other factors.
20.
Household Member
means any
				person residing in the home of an Applicant or Provider.
21.
Immediate Danger
means a
				situation in which the provider's non-compliance with one or more sections of
				this rule has caused, or is likely to cause, harm or impairment to a Child, and
				there continues to be an immediate risk of harm or impairment unless immediate
				corrective action is taken.
22.
Immediate Jeopardy
means a situation in which the provider's
				non-compliance with one or more sections of this rule has caused, or is likely
				to cause, serious injury or death of a Child, and there continues to be an
				immediate risk of serious injury or death of a Child unless immediate
				corrective action is taken.
23.
Incident
means a noteworthy occurrence, including but not limited
				to, an aggressive outburst, allegations of inappropriate conduct by a provider,
				inappropriate Child sexual behavior, unusual event, observations of changes in
				behavior, or a disclosure of Abuse or Neglect from a Child or parent.
24.
Infant
means a Child aged
				six weeks to 12 months.
25.
Investigation
means a systematic course of interviews, record
				reviews, and observations conducted for the purposes of determining the
				presence of Child Abuse or Neglect, and/or violations of this rule.
26.
Legal Guardian
means the
				person or agency who is legally authorized to act on behalf of a Child. For the
				purpose of this rule, the term Parent includes a Legal Guardian.
27.
License
means written
				permission, whether provisional, temporary, conditional, or full, by the
				Department that authorizes the Provider to operate. For purposes of this rule,
				License has the same meaning as "certification" in
				22
				MRS §8301-A.
28.
Licensed Capacity
means the
				number and ages of Children, specified on the License, allowed to be on the
				Premises at any one time.
29.
License-Exempt
means an individual who provides care and
				supervision for a maximum of two Children who are not the Children of the
				provider or who are not residing in the provider's home, on any given day, for
				consideration. To be License-exempt, a provider must comply with
				22 M.R.S.
				§8302-B.
30.
Lock
means to fasten a
				mechanism operated by a key, a combination, or other mechanism that is attached
				to a hasp or a completely enclosed box or safe that prevents access to weapons,
				Pools, Medications, cleaning supplies and other toxins, liquor, and
				confidential records.
31.
Lockdown
means a condition of remaining locked, and potentially
				hidden, inside the Provider's home when it is unsafe to leave the facility or
				be outdoors during an emergency situation.
32.
Mandated Reporter
means a
				person who is required by law to report reasonable suspicions of Abuse or
				Neglect.
33.
Medication
means a drug prescribed for a Child by a Licensed
				health care practitioner and non-prescription medicines.
34.
Natural Body of Water
means
				an ocean, lake, pond, river, reservoir, quarry, spring, stream, and wading area
				that may be used for recreational water activities.
35.
Night-time Care
means
				compensated childcare provided between the hours of 12 a.m. and 6 a.m.
36.
Non-swimmer
means
				a Staff Member or Child who cannot swim 25 feet on their stomach, 25 feet on
				their back, and tread water for 1 minute.
37.
Out-of-Home Investigations Team
				(OOH Team)
means the unit that is responsible for investigating reports
				of suspected Abuse or Neglect of Children by person(s) or in facilities subject
				to licensure pursuant to
				22 M.R.S.
				§§8351 -
				8358.
38.
Parent
means a birth or
				adoptive father or mother. For the purpose of this rule, Parent includes a
				Legal Guardian.
39.
Plan of
				Action
means a written plan prepared by the Provider with the Department
				at the time of inspection or a written plan prepared by the Provider and
				submitted to the Department. A Plan of Action includes the specific procedures,
				methods, changes to be enacted by the Provider to correct all areas of
				noncompliance. A Plan of Action also includes the timeframes by which the
				provider will come back into compliance.
40.
Premises
means the home of
				the Provider, and all parts of contiguous real estate, including, but not
				limited to, lands, private ways, and any buildings or structures, which the
				Provider occupies, or has direct or indirect control or interest, even though
				Children may not be served in all parts of the contiguous real
				estate.
41.
Preschool
				Child
means a Child aged three to five years old.
42.
Provider
means a Family
				Child Care Provider.
43.
Provider Letter of Eligibility
means a letter sent by the
				Department to the individual who is the subject of the comprehensive background
				check that reports eligibility status exclusively and does not reveal specific
				disqualifying information or any confidential information regarding the
				individual.
44.
Orientation
means training or education required before an
				individual can serve in a specific position.
45.
Repeat Violation
means a
				violation of a specific licensing rule provision for which the program has been
				previously cited.
46.
Rest
				and Relaxation
means quiet, undirected time. This may include reading,
				napping, or other quiet individual activities appropriate to the age of the
				Children.
47.
Risk
means the likelihood that a Child may experience some form of harm, injury, or
				Abuse or Neglect based on factors and/or circumstances to which that Child has
				been exposed.
48.
School-age
				Child
means a Child who is at least five years old and under 13 years
				old.
49.
Serious
				Injury
means:
a. An injury or illness
				which requires medical attention from physician or other medical personnel,
				including, but not limited to, an emergency room visit and/or hospitalization,
				including those that are the result of an accident involving transportation to
				or from a facility sponsored event; or
b. Any illness which is a notifiable
				condition, as identified by the Department at
https://www1.maine.gov/dhhs/mecdc/infectious-disease/epi/disease-reporting/documents/notifiable-list.pdf
.
50.
Shelter-in-Place
means to remain inside the Provider's home during an emergency situation, when
				circumstances indicate that it is unsafe to leave the home.
51.
Staff Member
means an
				individual not related to all Children for whom childcare services are provided
				who is employed by a 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 Provider.
52.
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, age 18 and older) that reports eligibility
				status, provides basis for determination when ineligible, and provides
				information regarding the individual's right to appeal.
53.
Swimming Pool
means any
				water-filled container, located indoors or outdoors, for swimming or
				recreational activity, and having a depth of more than twenty-four inches (24")
				at any point.
54.
Toddler
means a Child aged 13 months through 36 months.
55.
Toxic Substance
means any
				chemical or mixture that may be harmful to the environment and to human health
				if inhaled, swallowed, or absorbed through the skin, including but not limited
				to alcohol, cleaning supplies, pesticides, and solvents.
56.
Universal Safety Precautions
means an approach to infection control where all human blood and certain human
				body fluids are treated as if known to be infectious for HIV, HBV, and other
				blood-borne pathogens.
57.
Waiver
means written permission from the Department to modify a
				provision of this rule.
58.
Wading Pool
means a Pool with a water level maintained at 24
				inches or less and that is no more than 4 feet in diameter. This Pool does not
				require a filter and may not contain chemically treated water.
59.
Wading Pool Attendant
is a
				person who holds a valid Adult and pediatric First Aid and CPR certificate and
				is responsible for supervision of Children in a Wading Pool as defined above.
60.
Water Activities
means the use of splashing Pools, Wading Pools, and Swimming Pools with or
				without slides, and other similar bodies of water including ponds, rivers, and
				the ocean, excluding water tables and sprinklers.
61.
Water Safety Attendant
means
				a person assigned to watch over Children participating in water activities who
				has completed a Department-approved basic water safety course that includes
				training in non-swimming rescue techniques within the last three years.