Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 17 - RULES FOR LICENSING OF FAMILY FOSTER HOMES PROVIDING RESPITE CARE FOR CHILDREN › Section 148-17-2 - LICENSING PROCEDURES

Current through 2024-29, July 17, 2024
A. Any person
				conducting or maintaining a respite home for children under 18 years of age,
				including respite care for Indian children, and who has been determined to be
				in compliance with applicable licensing requirements may receive a license from
				the Department. There is no charge for this license.
B. Application for a license shall be made to
				the Department on a form prescribed by the Department.
C. Following the receipt of an application
				the Department will evaluate the adequacy of care provided or planned for
				respite care recipients and the adequacy of the physical plant in accordance
				with the applicable laws and regulations adopted by the Department and a
				decision will be made by the Department -to grant or deny a license.
D. When the Department has reasonable cause
				to believe that the applicant, licensee, or person residing in the respite care
				provider's household may have a physical or mental health problem which would
				have a detrimental impact on the care of children, the Department may request
				the applicant or licensee to provide the Department with a physician's or
				psychologist's report which includes a diagnosis of any physical or mental
				conditions and the professionals assessment of the impact or the effect of the
				condition and its treatment on the functioning of such individual. No person
				shall be required to submit to a physician's report if he or she states in
				writing that it is contrary to his or her religious teachings and practice
				unless there is probable cause to suspect that he or she manifests the symptoms
				of communicable or contagious disease or illness which may affect the quality
				of child care provided.
E. At the
				time of application, references shall be required from three persons who are
				acquainted with but not related to the applicants.
F. At the time of application the applicant
				shall submit releases signed by each adult member of the household permitting
				the Department to request criminal history records from the Department of
				Public Safety, State Police, Bureau of Identification.
G. Upon receipt of the application, the
				Department shall request criminal history records from the Department of Public
				Safety, State Police, Bureau of Identification for each adult member of the
				household of the applicant.
H. The
				applicants may withdraw the application at any time during the application
				period upon notification to the Department. The Department shall acknowledge
				all withdrawals in writing.
I. The
				maximum number of children to be maintained in a respite home shall be stated
				on the license. The license may be reissued for a larger or smaller number of
				children. In determining the maximum number, the Department shall consider such
				factors as: the safety, health and age of the children, as well as the ability
				of the respite care providers to adequately care for and supervise the children
				in the household.
J. The license to
				operate a respite home does not provide licensure to operate a Family Foster
				Home for Children. However, a provider having a license to operate a Family
				Foster Home for Children may provide respite care for children.
K. The respite care provider shall permit
				Department staff to enter a respite home at any reasonable time to either (a)
				license or evaluate compliance with the rules and (b) privately talk with the
				respite care recipients in the home.
L. Licenses shall be effective only at the
				address given on the license. If the licensee moves to a new location, the
				license at the former address becomes void. The licensee must reapply
				sufficiently in advance of the move for a license to cover the new
				location.
M. Applications for
				renewal of a license shall be made prior to the date of expiration in order
				that necessary licensing procedures may be completed to assure the continuity
				of the license. A re-evaluation of the respite home with respect to continuing
				compliance with these licensing rules will be made at renewal time by a
				representative of the Department.
N. The licensee shall be responsible for
				reporting to the Department any changes in the home or the family which might
				affect the status of the license.
O. In some instances, there are no common
				definitions as to degree of acceptability. When such instances occur in these
				rules, the determination of acceptability or non-acceptability shall be made at
				the discretion of the Department.
P. No license to operate a respite home at
				any location can be issued until such home passes a satisfactory inspection for
				fire safety and fire protection. However, a temporary license may be issued
				pursuant to 3(D) of these Rules.
1 For
				licenses for 3 or more children, such inspection shall be made annually after
				initial licensing.
2 For licenses
				for 1 or 2 children such inspections shall be made every three years or more
				often at the discretion of the Department.
3 All inspections shall be made under the
				provisions of Title 25, M.R.S.A. sections 2360, 2391, 2392 and 2452. Such
				inspections are made by the State Fire Marshal's Office in the Department of
				Public Safety at the request of the Department.
4 In the case of an unsatisfactory fire
				inspection, the applicant shall submit a plan of correction to the State Fire
				Marshal's Office within 10 days of receipt of the notice of deficiencies. A
				conditional license shall be issued if the State Fire Marshal does find
				deficiencies but finds that there is a satisfactory plan of
				correction.