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 148-32-2 - LICENSING REQUIREMENTS AND PROCEDURES

Current through 2024-29, July 17, 2024
A.
Licensing
1. No person or entity
				may operate a Child Care Facility for more than two Children without a license
				from the Department in force, authorizing such operation, in accordance with
				22 MRS
				§7801(1)(E).
2. The Child Care Facility must post the
				following, where easily seen, at the Child Care Facility:
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.
e. The
				Department will post inspection reports to a website available to the general
				public, for a running period of three years, in accordance with 42 CFR §
				98.33(4).
3. The Child
				Care Facility shall be responsible for assuring compliance with all relevant
				State and federal statutes and regulations, and this rule.
a. All personnel and interns working in a
				Child Care Facility are responsible for complying with this rule.
4. Licenses are only effective at
				the location for which they are issued. If the Child Care Facility moves to
				another location, a new license must be issued prior to operation.
a. A license may not be transferred from one
				Child Care Facility to another.
b.
				In the event of an unanticipated occurrence, such as a fire, that renders an
				approved location uninhabitable, a Child Care Facility 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.
c. The alternative location must also be
				approved by the State Fire Marshal's Office or Child Care Facility's local fire
				department prior to the provision of Child care services.
5. When two (2) or more buildings are or will
				be utilized to accommodate a Child Care Facility operated by the same person,
				the person must apply to the Department for a single license covering all the
				buildings, provided that:
a. The buildings
				are on the same or contiguous properties, and the Department determines that
				the issuance of a single Child Care Facility license would not be detrimental
				to the health, safety, well-being, and development of the Children
				served;
b. The facilities must have
				the same Director.
6.
				No Child Care Facility shall care for more Children than the license allows.
				Child Care Facilities 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 Child Care Facility.