reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-8 - WAIVERS

Current through 2024-29, July 17, 2024
The Commissioner or his designee may, upon written request of
				  any individual or PNMI- Child Placing Agency., waive or modify a provision of
				  these regulations which is not mandated by Maine Statute. The individual or
				  PNMI- Child Placing Agency shall provide clear and convincing evidence,
				  including, at the request of the Commissioner or his designee, expert opinion
				  which satisfies the Commissioner or his designee that the applicant's or
				  licensee's alternative method will comply with the intent of the regulation for
				  which waiver or modification is sought. Application for a waiver or
				  modification shall be made on forms supplied by the Department and must
				  include:
A. A statement of the
				provision for which waiver or modification is requested;
B. An explanation of the reasons why the
				provision cannot be met and why a waiver or modification is being requested;
				and
C. A description of the
				alternative method proposed for meeting the intent of the provision sought to
				be waived or modified.
All requests shall be answered in writing and a record of
				  them shall be maintained. Any waiver or modification granted shall be for a
				  specific period of time not to exceed the period of the license. If the waiver
				  or modification continues to be necessary, a new application for waiver or
				  modification must be made at the time of application for renewal of the
				  license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-10 - PERSONNEL

Current through 2024-29, July 17, 2024
A. The PNMI- Child Placing Agency shall have
				as an administrator a person who shall be responsible to the individual or
				governing body referred to in section 9(B) for the administration of the PNMI-
				Child Placing Agency's policies and program. If the administrator is
				responsible for supervision of casework, the qualifications of a casework
				supervisor must be met.
B. Each
				PNMI- Child Placing Agency shall have a casework supervisor, who may also serve
				as administrator, who shall be responsible for the provision of placing
				services, foster care services and/or adoption services. The casework
				supervisor must have:
1 a Master's Degree
				from an accredited school in social work with a concentration in casework,
				or
2 a Bachelor's Degree from an
				accredited School in Social Work, psychology, sociology, counseling, human
				development, child development, social welfare or a related field, and three
				(3) years of casework and/or supervisory experience in a child and family
				related setting.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-11 - ADOPTION SERVICES

Current through 2024-29, July 17, 2024
A. The policy and
				practice of the PNMI-Child Placing Agency shall be to protect the rights and
				meet the needs of the children for whom it accepts responsibility. The
				PNMI-Child Placing Agency shall offer services to the child, biological and
				legal parents, and the adoptive parents.
B. The requirements which follow are minimal
				requirements for licensure of PNMI-Child Placing Agencies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-12 - REQUIREMENTS FOR SERVICES TO ADOPTIVE APPLICANTS

Current through 2024-29, July 17, 2024
A. Eligibility
The eligibility requirements of the PNMI- Child Placing
				  Agency shall be explained to persons wishing to apply to adopt. These
				  eligibility requirements shall include such factors as residence, age,
				  religion, health, make up of the family, and financial ability to provide for
				  the child.
B. Application
All of the information requested below shall be obtained
				  prior to beginning the Adoption Study in accordance with Section 12(C) of these
				  rules.
In the application process the PNMI- Child Placing Agency
				  shall obtain:
1 A formal signed
				application.
2 A medical statement
				from a duly licensed physician on each applicant based on an examination within
				the six months prior to the date of application on forms provided by the PNMI-
				Child Placing Agency.
3 Financial
				data.
4 Religious data.
5 A minimum of three personal references
				unrelated to the applicants who have known the family a sufficient length of
				time to make a judgment about them.
6 Releases signed by each adult member of the
				household permitting the child placing PNMI- Child Placing Agency to request
				criminal history records from the Department of Public Safety, State Police,
				Bureau of Identification, and to request child protective screenings from the
				Department of Health and Human Services, or releases signed by each adult
				member of the household directly to the Departments named above authorizing
				release of criminal history records to the PNMI- Child Placing Agency and to
				the Department of Health and Human Services authorizing release of child
				protective information to the PNMI- Child Placing Agency and shall obtain those
				reports.
7 Releases signed by each
				adult member of the household permitting the PNMI- Child Placing Agency to
				request any adoptive and foster home studies from other child placing agencies
				and the Department of Health and Human Services. The PNMI- Child Placing Agency
				shall obtain those studies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-13 - REQUIREMENTS FOR SERVICES TO PRE-ADOPTIVE CHILDREN

Current through 2024-29, July 17, 2024
A. No PNMI- Child Placing Agency shall accept
				a child for care with adoption in mind unless:
1 It has first determined with the parent(s)
				that acceptance for care is desired by the parent(s) and that it is in the best
				interests of the child;
2 There is
				a reasonable expectation that the child can be legally surrendered and released
				for adoption; and
3 The PNMI- Child
				Placing Agency has sufficient casework services to assist the parent(s) in a
				decision regarding the future of the child with full exploration of the
				alternatives available to all parties.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-14 - SERVICES TO BIOLOGICAL AND LEGAL PARENTS

Current through 2024-29, July 17, 2024
A. Services to parents wishing to consider
				alternative plans for their child shall not be made conditional upon their
				surrender and release of the child.
B. Parents who apply to a PNMI- Child Placing
				Agency wishing to consider alternative plans for their child shall have made
				available to them services to assist them in making and implementing an
				appropriate plan for the child and for themselves. Minimally those services
				shall include:
1 Casework services.
2 Referral services.
3 Child placement services.
4 Follow-up services to the parents after
				implementation of the decision for the child.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-15 - PROGRAM OF FAMILY FOSTER CARE

Current through 2024-29, July 17, 2024
A. The following
				shall govern the admission to care of any child by the PNMI- Child Placing
				Agency.
1 The PNMI- Child Placing Agency
				shall not place a child into foster care without the written authorization of
				the parent other person, official or Child Placing Agency having legal
				authority to give that authorization.
2 The PNMI- Child Placing Agency shall not
				place a child into foster care without the following information being secured
				and recorded in the child's record.
a Full
				name of the child and residence when accepted for placement into foster
				care.
b Date and place of
				birth.
c Sex of child.
d Name, addresses, telephone numbers,
				occupations marital status of parents and how they may be reached in the event
				of an emergency.
e Names, ages, and
				sex of siblings with addresses when available.
f Legal status of the child, including
				custody orders.
g Religion of
				parents.
h Medical history insofar
				as available.
i Sufficient
				information to show why foster care is necessary for the child.
j The particular needs of the child and
				family and how the PNMI- Child Placing Agency can meet these needs including a
				plan of care.
k Brief life history
				of the child up to the time of acceptance.
l Statement of financial arrangement at the
				time of acceptance.
3
				The PNMI- Child Placing Agency shall make provisions to ensure that the child
				being placed with other children shall be free from communicable disease and is
				of such physical and emotional health as to be able to accept the program
				planned for the child. The PNMI- Child Placing Agency shall further assess the
				child for unmet mental health needs, and make appropriate referrals for mental
				health care.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-16 - RECORDS

Current through 2024-29, July 17, 2024
A. Records required by these rules shall be
				maintained and made available for inspection by the Department and reports
				shall be submitted as required by the Department,
B. PNMI- Child Placing Agency records shall
				include a copy of each of the following:
1
				Written statement of philosophy purpose, operating policy for provision of
				services and geographic area served.
2 A plan for financing the PNMI- Child
				Placing Agency and financial accounts, books and records.
3 Written personnel policies as specified in
				section 10(F) of these Rules.
4 A
				personnel file for each employee as specified in section 10(J) of these
				Rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-17 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
A. Information about clients and services
				provided to them by the child placing PNMI- Child Placing Agency shall be kept
				confidential and shall be disclosed only upon written authorization of the
				client except as otherwise specified by law.
B. Records may be made available to qualified
				researchers only when steps have been taken to preserve the anonymity of the
				clients.
C. Case records may be
				made available to recognized accreditation or licensing agencies.
D. Information about clients may be shared
				with the Department of Health and Human Services and licensed child placing
				agencies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-18 - RIGHTS FOR CHILDREN RECEIVING SERVICES FROM A PNMI- CHILD PLACING AGENCY

Current through 2024-29, July 17, 2024
A. Right to freedom from harmful actions or
				practices. Each child has the right to freedom from harmful actions or
				practices that are detrimental to his/her welfare and to practices that are
				potentially harmful to the child.
B. Right to be free from discrimination. A
				child shall be provided services without regard to race, age, national origin,
				religion, disability, sex or family composition.
C. Right to consideration and respect.
				Children shall be treated with dignity, consideration and respect in full
				recognition of their individuality.
D. Right to be informed of services provided
				by the PNMI- Child Placing Agency. A child's legal guardian shall be fully
				informed of items or services which are included in the rate they pay for
				childcare services.
E. Right to
				information regarding the Private Non-Medical Institution-Child Placing
				Agencies' deficiencies. A child's legal guardian has the right to be fully
				informed of findings of the most recent licensing review conducted by the
				Department. The PNMI- Child Placing Agency shall inform children's legal
				representatives that the licensing review results are public information and
				available for examination upon request. Legal representatives shall be notified
				in a timely manner by the PNMI- Child Placing Agency of any actions proposed or
				taken against the PNMI- Child Placing Agency by the Department, including but
				not limited to, decisions to issue conditional licenses, refusal to renew a
				license or to impose fines or other sanctions.
F. Mandatory report of rights violations. Any
				person or professional who provides health care, social services or mental
				health services or who administers a PNMI- Child Placing Agency or program who
				reasonably believes that the Rules pertaining to children's rights have been
				violated, shall report this information to the Department of Health and Human
				Services, Residential Child Care Licensing Unit. Any person reporting suspected
				abuse and neglect shall report this information to Child Protective Intake
				Services, pursuant to Title 22, M.R.S.A. § 4011 and Section B.(2) of these
				Rules. Documentation shall be maintained in the facility that a report has been
				made.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-19 - DISSOLUTION OF AGENCIES

Current through 2024-29, July 17, 2024
A. When a child
				placing PNMI- Child Placing Agency makes the decision to cease operations, the
				PNMI- Child Placing Agency shall provide for the following:
1 Legal transfer of surrender and release of
				any child in its custody.
2
				Appropriate transfer of responsibility for children in placement.
3 Appropriate transfer or termination of
				services to all other clients.
4
				Storage of records with another licensed child placing PNMI- Child Placing
				Agency within the state or the Department and for appropriate access to such
				records with notice to the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-20 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
These rules governing the licensing of Private Non-Medical
				  Institutions-Child Placing Agencies With and Without Adoption Programs become
				  effective July 1, 2004.
All licenses issued pursuant to prior rules shall remain in
				  full force and effect for the term of the license unless action is taken by the
				  Department to revoke, suspend or modify the license in accordance with these
				  rules. The licensee will need to comply with these rules at the time of
				  application for renewal.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-21 - SEVERANCE CLAUSE

Current through 2024-29, July 17, 2024
The provisions of these rules and regulations are severable.
				  If any provision of the rules or regulations are invalid, or if the application
				  of the rules and regulations to any person or circumstances is invalid, such
				  invalidity shall not affect other provisions or applications which can be given
				  effect without the invalid provision or application.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-22 - REVIEW OF THESE RULES

Current through 2024-29, July 17, 2024
These rules governing the licensing of Private Non-Medical
				  Institutions-Child Placing Agencies With and Without Adoption Programs shall be
				  reviewed every three years from their effective date of adoption consistent
				  with the requirements of the section 471(a) (14) of the Social Security Act and
				  the U.S. Department of Health and Human Services Foster Care Maintenance
				  Payments Program Implementation Requirements,
				  45
				  C.F.R. Sec.
				  1356.21(m).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-23 - HOME CERTIFICATION PROCESS FOR THE PURPOSE OF LEGAL RISK ADOPTION ONLY

Current through 2024-29, July 17, 2024
This section includes the procedures and requirements for
				  Private Non-Medical Institutions-Child Placing Agencies providing adoption
				  services to certify a pre-adoptive parent's home as a certified home for a
				  child placed in that home awaiting adoption by the pre-adoptive parent/s. All
				  of the relevant rules outlined in the Rules Providing for the Licensing of
				  Private Non-Medical Institutions-Child Placing Agencies With and Without
				  Adoption Programs must be followed in addition to the home certification
				  process.
A. Certification Procedures
1 Pre-adoptive parent/s who make application
				for home certification for children under 18 years of age and who have been
				determined to be in compliance with applicable certification requirements may
				receive a certificate from the PNMI- Child Placing Agency conducting the
				review. The certificate shall be issued when a:
a home study (including criminal and child
				abuse background checks) has been completed and approved, and
b the PNMI- Child Placing Agency has
				determined that the pre-adoptive parent/s are suitable candidates for legal
				risk adoption.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-1 - DEFINITIONS FOR PURPOSES OF THESE RULES ONLY

Current through 2024-29, July 17, 2024
A. "Department" shall mean the Department of
				Human Services.
B. "Adult" shall
				mean a person who has attained his 18th birthday.
C. "Child" shall mean a person under the age
				of 18 who is not related by blood or marriage to, or who has not been legally
				adopted by, the licensee or administrator of any child placing
				agency.
D. "Agency" shall mean any
				person, partnership, voluntary association or corporation.
E. "Child Placing Agency" shall mean any
				agency which advertises itself or holds itself out as finding homes for or
				otherwise placing children for respite care only, under the age of 18, in homes
				where care is provided on the basis of 24 hours a day.
F. "Respite Care" shall mean substitute
				parental care provided within a family on a 24 hour a day basis not to exceed a
				period of 3 consecutive weeks for each individual child and shall mean the
				provision of those things necessary to assure safe, healthful living for the
				child unattended by parent or guardian including but not limited to food,
				shelter and appropriate supervision. This shall not include placement with
				blood relatives, relatives by marriage or relatives by adoption.
G. "Advertise" shall mean the act of stating
				in writing that the agency is available and willing to provide an individual
				with services which will result in the placing or assisting in finding
				placements for children under eighteen years of age for respite care.
H. 'Holding out" shall mean a series of
				actions or oral statements by a agency which affirmatively communicates the
				agency's availability and willingness to place or assist in finding homes for
				children for respite cars.
I.
				"Blood relatives" shall mean mother, father, sister, brother, grandparents,
				uncles, aunts, nieces, nephews and first cousins.
J. "Relatives by marriage" shall mean
				step-mother, step-father, step-brother, step-sister, step-grandparents, and
				brother or sister of step-parent.
K. "Relatives by adoption" shall mean
				adoptive mother, adoptive father, adoptive grandparents, adoptive sister, or
				brother or the brother or sister of the adoptive parent.
L. "Direct Service" shall mean activities
				which have as their primary focus the provision of cars, training, education or
				related activities to clients.
M.
				"Discharge plan" shall mean a plan for a child including expected length of
				stay and identification of who will remove the child at the end of respite
				care.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-3 - TYPES OF LICENSES

Current through 2024-29, July 17, 2024
The Department shall issue the following types of
				  licenses.
A. A provisional license
				shall be issued by the Department to an applicant who:
1 Has not previously operated the agency for
				which the application is made or is licensed but has not operated during the
				term of that license;
2 Complies
				with all applicable laws and rules, except those which can only be compiled
				with once clients are served by the applicant; and
3 Demonstrates the ability to comply with all
				applicable laws and rules by the end of the provisional license term.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-4 - TERM OF LICENSE

Current through 2024-29, July 17, 2024
A. The provisional
				license shall be issued for a minimum period of 3 months or a longer period, as
				deemed appropriate by the Department, not to exceed 12 consecutive
				months.
B. The terms of full
				licenses shall be for one year.
C.
				The conditional license shall be issued for a specified period, not to exceed
				one year, or the remaining period of the previous full license, whichever the
				Department determines appropriate based on the laws and rules
				violated.
D. Regardless of the term
				and type of the license, the Department shall monitor for continued compliance
				with applicable laws and rules on at least an annual basis.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES

Current through 2024-29, July 17, 2024
A. When an applicant falls to comply with
				applicable laws and rules, the Department may refuse to issue or renew the
				license. The notice of a refusal to issue or renew and a statement indicating
				the reasons for refusal shall be formulated in writing and mailed to the
				applicant.
B. If, at the expiration
				of a full or provisional license or during the term of a full license the
				agency falls to comply with applicable laws and rules and, in the judgment of
				the Commissioner, the best interest of the public would be served, the
				Department may issue a conditional license , or change a full license to a
				conditional license. Failure by the conditional licensee to meet the conditions
				specified by the Department shall permit the Department to void the conditional
				license or refuse to issue a full license. The conditional license shall be
				void when the Department has delivered in hand or by certified mail a written
				notice to the licensee, or if the licensee cannot be reached for service in
				hand or by certified mail, has left written notice thereof at the agency or
				agency.
C. Whenever, upon
				investigation, conditions or practices are found which, in the opinion of the
				Department, immediately endanger the health or safety of children served by the
				agency, the Department may request the Administrative Court for an emergency
				suspension pursuant to Title 4, M.R.S.A., Section 1153.
D. Any license, issued under this subtitle
				may be suspended or revoked for violation of applicable laws and rules,
				committing, permitting, aiding or abetting any illegal practices in the
				operation of the agency or conduct or practices detrimental to the welfare of
				persons served by or attending the agency.
When the Department believes that a license should be
				  suspended or revoked, it shall file a complaint with the Administrative Court
				  as provided in the Maine Administrative Procedures Act, Title 5, chapter
				  375.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-6 - SUBSEQUENT APPLICATION FOR A FULL LICENSE

Current through 2024-29, July 17, 2024
Subsequent to any of the following actions, an application
				  for a full license may be considered by the Department when the deficiencies
				  identified by the Department at the time the action was taken have been
				  corrected:
A. Issuance or voiding of a
				conditional license;
B. Refusal to
				issue or renew a full license;
C.
				Revocation or suspension of a full license; or
D. Refusal to issue a provisional
				license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-7 - APPEAL PROCEDURE

Current through 2024-29, July 17, 2024
Any person aggrieved by the Department's decision to take any
				  of the following actions, may request an administrative hearing, in accordance
				  with the Maine Administrative Procedure Act, Title 5, chapter 375.
A. Issue a conditional license
B. Amend or modify a license
C. Hold a conditional license
D. Refuse to issue or renew a full
				license
E. Refuse to issue a
				provisional license
F. Refuse to
				grant a request for a waiver.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-8 - WAIVERS

Current through 2024-29, July 17, 2024
The Commissioner or his designee may upon written request of
				  any individual or agency waive or modify a provision of these regulations as
				  long as the provision is not mandated by State law. The individual or agency
				  shall provide clear and convincing evidence, including at the request of the
				  Commissioner or his designee, expert opinion which satisfies the Commissioner
				  or his designee that the applicant's or licensees alternative method will
				  comply with the intent of the regulation for which waiver or modification is
				  sought. Application for a waiver or modification shall be made on forms
				  supplied by the Department and must include:
1. A statement of the provision for which
				waiver or modification is requested;
2. An explanation of the reasons why the
				provisions cannot be met and why waiver or modification is being requested;
				and
3. A description of the
				alternative method proposed for meeting the intent of the provision sought to
				be waived or modified.
All requests will be answered in writing and a record of them
				  will be maintained. Such waiver or modification shall be granted for a specific
				  period of time not to exceed the period of the license. If the waiver or
				  modification continues to be necessary, a new application for waiver or
				  modification must be made.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-9 - ORGANIZATION AND ADMINISTRATION

Current through 2024-29, July 17, 2024
A. Each child
				placing agency shall have a physical location within the State of Maine from
				which it operates, the address of which shall be filed with the
				Department.
B. Each child placing
				agency shall have a clearly designated individual or governing body which shall
				exercise authority over and have responsibility for the operation, policy and
				practice of the child placing agency.
C. Each child placing agency shall have on
				file a written statement of philosophy, purpose, policy for its operation and
				geographic area the agency will serve.
D. A child placing agency shall submit annual
				operating budgets approved by the Board, or by the Administrator, if no board
				exists, for the period covered by the license.
E. Members of the governing body, the
				Administrator or operator of the child placing agency and all staff arranging
				for and supervisory respite care services to children shall report to the
				Department all children who are suspected to be in circumstances of abuse,
				neglect or exploitation, immediately upon becoming aware of the situation. This
				shall be done in accordance with Title 22, M.R.S.A., Section 4002.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-10 - PERSONNEL

Current through 2024-29, July 17, 2024
A. The child placing agency shall have as an
				administrator a person who shall be responsible to the individual or governing
				body referred to in Section 9(B) for the administration of the agency policies
				and program. If the administrator is responsible for supervision of the
				program, the qualifications of a program supervisor must be met.
B. Each child placing agency shall have a
				program supervisor, who may also serve as administrator, who shall be
				responsible for supervising staff who arrange for and supervise respite care
				services. The program supervisor must have a Bachelor's Degree from an
				accredited school in social work, psychology, sociology, counseling, human
				development, child development, social welfare or a related field and three (3)
				years of casework and/or supervisory experience in a human services related
				setting.
C. All staff arranging for
				and supervising respite care services to children and families, must have: (a)
				15 college credit hours in areas of counseling, guidance, social welfare,
				psychology, sociology, human development and child development AND three (3)
				years of direct service in a human services related setting, or (b) a
				Bachelor's degree from an accredited school in counseling, guidance, social
				welfare, psychology, sociology, human development and child development, or a
				related field and one (1) year of direct service experience in a human services
				related setting, or (c) an Associate Degree from an accredited school in
				counseling, guidance, social welfare, psychology, sociology, human development
				and child development and two (2) years of direct service experience in a human
				services related setting.
D. There
				shall be sufficient staff to adequately arrange for and supervise respite
				services to the child and the families for whom the agency has
				responsibility.
E. The Department
				shall determine and the governing body shall demonstrate to the satisfaction of
				the Department that all staff have the following qualities to carry out his or
				her duties:
1. Sufficiently good physical,
				mental, and emotional health to carry out their duties.
2. Competence in working with children and
				families.
3. Good moral character.
The governing body may do this by requesting medical,
				  psychiatric or psychological reports, criminal records and references which are
				  current and specific to the position being applied for.
The Department may request the information referred to in
				  this section for review and approval if no governing body exists.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-11 - PROGRAM OF CARE

Current through 2024-29, July 17, 2024
A. The following
				regulations shall govern the admission to care of any child by the child
				placing agency.
1. No child shall be placed
				for respite care without the written authorization of the parent, other person,
				official or agency having legal authority to give that authorization.
2. No child shall be placed for respite care
				without the following information being secured and recorded in the child's
				record.
a. Full name of the child and
				residence when accepted for care,
b. Date and place of birth.
c. Sex of child.
d. Name, addresses, telephone numbers,
				occupation, marital status of parents and how they may be reached in the event
				of an emergency.
e. Legal status of
				the child, including custody orders.
f. Any religious practices that would affect
				the placement.
g. Medical history
				and current medical needs pertinent to the placement.
h. The particular needs of the child which
				must be attended to during the time of respite.
i. Skills and abilities of the child
				including description of behavior and routines and other information relative
				to the needs of the child.
j.
				Statement of financial arrangement at the time of acceptance.
k. Who will be allowed to visit and who will
				not.
3. The agency shall
				ensure that a child with a communicable disease shall not be placed with other
				children.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-12 - RECORDS

Current through 2024-29, July 17, 2024
A. Records required by these rules shall be
				maintained and made available for inspection by the Department and reports
				shall be submitted as required by the Department.
B. Agency records shall include a copy of
				each of the following:
1. Written statement
				of philosophy, purpose, operating policy for provision of services and
				geographic area served.
2.
				Operating budgets for the period covered by the license.
3. Written personnel policies as specified in
				10(F) of these Rules.
4. A
				personnel file for each employee as specified in 10(H) of these
				Rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-13 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
A. Information about clients and services
				provided to them by the child placing agency shall be kept confidential and
				shall be shared with third parties only upon written authorization of the
				client except as otherwise specified by law.
B. Records may be made available to qualified
				researchers only when steps have been. taken to preserve the anonymity of the
				clients unless written permission has been obtained.
C. Case records may be made available to
				recognized accreditation or licensing agencies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-14 - DISSOLUTION OF AGENCIES

Current through 2024-29, July 17, 2024
A. When a child
				placing agency makes the decision to cease operations, the agency shall provide
				for the following:
1. Appropriate transfer of
				responsibility for children in respite care.
2. Make provision for storage of records with
				another licensed child placing agency within the state or the Department and
				for appropriate access to such records with notice to the Department.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-15 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
These rules governing the licensing of Child Placing Agencies
				  with only Respite Care Programs become effective December 22, 1986.
The Department may grant Child Placing Agencies a period of
				  time in which to bring its staff, hired prior to the effective date of these
				  rules, into compliance with 10(B) and 10(C) of these Rules. Such a period of
				  time may not extend beyond December 22, 1989.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-16 - SEVERANCE CLAUSE

Current through 2024-29, July 17, 2024
The provisions of these rules and regulations are severable.
				  if any provision the rules or regulations are invalid, or if the application of
				  the rules and regulations to any person or circumstances is invalid, such
				  invalidity shall not effect other provisions or applications which can be given
				  effect without the invalid provision or application.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 20 - RULES FOR LICENSING OF CHILD PLACING AGENCIES WITH ONLY RESPITE CARE PROGRAMS › Section 148-20-17 - REVIEW OF THESE RULES

Current through 2024-29, July 17, 2024
These rules governing the licensing of Child Placing Agencies
				  only with respite care programs shall be reviewed within three years from the
				  effective date as required in Part IV, Department of Health and Human Services,
				  Regulations for Foster Care Maintenance Payments, Adoption Assistance, and
				  Child Welfare Services § 1356.21(g)(1) and (2).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 21 - RULES FOR THE PROVISION OF PAYMENTS FOR RESIDENTIAL PROGRAMS SERVING CHILDREN › Section 148-21-1 - PURPOSE

Current through 2024-29, July 17, 2024
To provide reimbursement methods and requirements within the
				  available funds, to ensure that the payments are reasonable and consistently
				  applied to like programs while meeting the needs of the children in the
				  facility.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 21 - RULES FOR THE PROVISION OF PAYMENTS FOR RESIDENTIAL PROGRAMS SERVING CHILDREN › Section 148-21-2 - LEGAL BASE

Current through 2024-29, July 17, 2024
The authority of the Department of Human Services to accept
				  and administer funds that may be available from state and federal sources for
				  the provision of residential services is contained in Title 22 MRSA, Subchapter
				  VII, Section 4062.
This policy is effective January 1, 2001.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 21 - RULES FOR THE PROVISION OF PAYMENTS FOR RESIDENTIAL PROGRAMS SERVING CHILDREN › Section 148-21-3 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. "BCFS" or "Bureau" means the Bureau of
				Child and Family Services.
B. "BMS"
				means the Bureau of Medical Services.
C. "Contract" means a written document which
				sets forth the duties and obligations of the Bureau of Child & Family
				Services and the Provider.
D. "DHS"
				means the Department of Human Services.
E. "Guidelines" mean the Guidelines for Rate
				Determination of Children's Residential Facilities.
F. "PNMI" means Private Non-Medical
				Institution, which are federal funds administered by the Bureau of Medical
				Services.
G. "Provider" means a
				private corporation with which the BCFS has established a contract to purchase
				services.
H. "Room and Board" means
				those services essential to meet the basic physical, social and biological
				needs of the child. For facilities ineligible to receive PNMI funds, Room &
				Board funds may also be used to fund treatment costs.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 21 - RULES FOR THE PROVISION OF PAYMENTS FOR RESIDENTIAL PROGRAMS SERVING CHILDREN › Section 148-21-4 - CONTRACT DEVELOPMENT

Current through 2024-29, July 17, 2024
A. The Bureau shall
				purchase services from licensed providers through a contract administered by
				the Community Services Center, Division of Contracted Community Services,
				unless an exception is approved.
B.
				Contracts shall include the rate which shall be established by the most current
				guidelines for rate setting for children's residential programs and will
				thereafter be periodically reviewed. Additionally, contracts shall include
				applicable caps on costs, the expectations for services to be provided, the
				settlement process, and any other provisions that are appropriate.
C. Contracts are non-encumbered and are
				reimbursed on a daily rate per-child basis.
D. Contracts shall have an open termination
				date and are considered to be in effect unless officially terminated.
E. Contract amendments shall be made in
				writing and signed by all parties.
F. Revised rates will be stipulated by letter
				from the BCFS.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 21 - RULES FOR THE PROVISION OF PAYMENTS FOR RESIDENTIAL PROGRAMS SERVING CHILDREN › Section 148-21-5 - ROOM AND BOARD RATE

Current through 2024-29, July 17, 2024
The Office of Child & Family Services shall provide Room
				  and Board payments to PNMIs governed by Appendix D of 10-144 C.M.R. Ch. 101
				  (the
MaineCare Benefits Manual
) Ch. II and III, Section 97 in
				  Maine in the amount of $81.00 per occupied bed day. This rate is effective
				  January 1, 2021 and expires March 31, 2021.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 21 - RULES FOR THE PROVISION OF PAYMENTS FOR RESIDENTIAL PROGRAMS SERVING CHILDREN › Section 148-21-6 - PAYMENTS AND BILLING PROCEDURES

Current through 2024-29, July 17, 2024
A.
Routine
				Payments
1. Payments shall be made
				according to the established rate as set forth in Section
				5 above and upon the authorization of
				the placement by the DHS Caseworker 2. Payments shall be made for the day of
				admission into the program but not the day of discharge
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-I - DISCLOSURE OF HIV TEST RESULTS TO EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES

Current through 2024-29, July 17, 2024
A. The results of
				an HIV test of a child in the legal custody of the Department of Human Services
				may be disclosed to a Department employee who has any one or a combination of
				the following responsibilities for the child who was the subject of the tests,
				provided that the HIV test results are relevant and necessary to the employees
				decisions and actions relative to the care or treatment of that child. These
				responsibilities include:
1. Assessment of
				the child's needs, short and long term planning regarding the child,
				decision-making regarding the care, treatment, supervision, placement, and/or
				safety of the child, or any other activities necessary to discharge the
				Department's parental rights and responsibilities for the child, or
2. Formulation and/or presentation of an
				appropriate plan for the child and the bases of this plan to a courts
				or.
3. Monitoring or review of the
				appropriateness of the Department's plans and actions relative to the child,
				or
4. Submission of applications
				for third party benefits for the child.
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-II - DISCLOSURE OF HIV TEST RESULTS TO OTHER PERSONS

Current through 2024-29, July 17, 2024
A. The results of an HIV test of a child in
				the legal custody of the Department may be disclosed by a designated Department
				employee to any of the following designated persons provided that information
				is relevant and necessary in order for the child to receive appropriate care or
				treatment:
1. A person responsible for
				regular day-to-day 24 hour care and supervision of the child.
2. A parent of the child who was the subject
				of the test provided his parental rights to the child have not been terminated
				by a court.
3. A person responsible
				for developing a plan for the child based on the child's needs and/or
				presenting such a plan as part of a court proceeding. These include but are not
				limited to Assistant Attorneys General assigned to the cases guardians ad
				litem, Court Appointed Special Advocates (CASAs), and persons with
				responsibilities under the Interstate Compact on the Placement of
				Children.
4. A person temporarily
				providing care and -supervision to the child as a supplement to care provided
				by 1. This includes but is not limited to, day care providers, respite care
				providers.
5. A person who is
				willing and able to provide regular 24-hour, residential care to a child with
				special medical considerations but needs to know specific health status
				information in order to decide whether to accept the child for care, provided
				the identity of the child is protected or that the information is disclosed
				solely as a required part of a formal placement or evaluation
				processor.
6. A person who is
				assigned to, contracted to or responsible to deliver a specific service or
				services to or for the child provided the knowledge of HIV status is relevant
				and necessary to the service to be delivered.