reglab/statecodes huggingface dataset:
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 15-8 - 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 if
				  the regulation is not mandated by Maine Statute. The individual or agency shall
				  provide documentation, including at the request of the Commissioner or his
				  designee, an 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. Waivers
				  may be issued only for the duration of the current license and may be
				  considered upon subsequent applications. Application for a waiver or
				  modification shall be made in writing and must include:
A. A statement of the provision for which
				waiver or modification is requested;
B. An explanation of the reasons why the
				provisions 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 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. Prior to the expiration
				  of the license if the waiver or modification continues to be necessary, a new
				  application for waiver or modification must be made. Granting of a waiver is
				  case-specific.
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 15-10 - REPEAL OF PREVIOUS RULES

Current through 2024-29, July 17, 2024
A. These rules
				governing the licensing of Foster Family Homes for Children supersede all
				previous rules regarding Family Foster Homes for Children and become effective
				July 12, 2010.
B. These rules shall
				apply to all applications received after the effective date.
C. The license for any family foster home for
				children issued prior to the effective date of these rules shall remain in
				effect until the expiration date of that license. Compliance with these rules
				shall be required at the time of renewal of these licenses unless otherwise
				specified in these rules.
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 15-11 - REVIEW OF THESE RULES

Current through 2024-29, July 17, 2024
These rules governing the licensing of Family Foster Homes
				  for Children shall be reviewed periodically as required by
				  42 U.S.C.
				  Section 671(a)(11).
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 › Addendum - ADDENDUM › Chapter 15 - THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-15-1 - Definitions

Current through 2024-29, July 17, 2024
As used in these rules, the following definitions shall
						apply:
A. "Specialized children's
					 foster home" shall mean a children's licensed 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. "Specialized
					 care" is provided to no more than 2 moderately to severely handicapped children
					 by a caretaker who is specifically educated and trained to provide for the
					 particular needs of each child placed. The total number of children in a
					 specialized children's home may not exceed 4, including the caretaker's legal
					 children under 16 years of age, with no more than 2 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. This placement of a sibling group
					 which would exceed four 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 Indian foster families located on the
					 reservation according to their own rules and regulations.
B. "Foster parent" shall mean a person
					 maintaining a specialized children's foster home for moderately to severely
					 handicapped children.
C. "Moderately
					 to Severely Handicapped Child" shall mean a child with a physical, emotional,
					 mental or behavioral condition that requires:
(1) diagnosis of the foster child by a
					 qualified professional as having a physical, emotional, mental or behavioral
					 condition which is moderately or severely different from the norms for his or
					 her age group and developmental stage;
(2) participation by the foster parents in a
					 treatment plan for the child;
(3)
					 significantly more monitoring or supervision of the foster child than would be
					 required for a child at his or her age group and normal level of
					 development;
(4) that the child be
					 given assistance in self care and behavioral management needs which would
					 normally be met by the foster child at his or her age group and normal level of
					 development;
(5) that the foster
					 parents have specialized knowledge and training; and
(6) involvement by a physician, mental health
					 professional or in a special education program.
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 › Addendum - ADDENDUM › Chapter 15 - THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-15-2 - LICENSING PROCEDURES

Current through 2024-29, July 17, 2024
A. Any person who makes application for a
					 license to operate a specialized home for children under l8 years of age,
					 including family foster 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. The maximum number of children to be
					 placed in a specialized children's 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:
					 living space, safety issues, health, status and age of the children and the
					 ability of the foster parents to adequately care for and supervise children in
					 the household. Foster parents shall not exceed the number of children for whom
					 they are licensed with the following exception: in order to keep siblings
					 together the foster parents may receive written approval from the Foster Care
					 Licensing Worker or Foster Care Licensing Supervisor. In order to receive this
					 exception there must be either a sibling already placed in the home or at least
					 one licensed slot is vacant and adequate space is available in the foster
					 home.
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 › Addendum - ADDENDUM › Chapter 15 - THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-15-3 - LICENSING REQUIREMENTS FOR SPECIALIZED CHILDREN'S FOSTER HOMES

Current through 2024-29, July 17, 2024
A.
QUALIFICATIONS OF THE FOSTER PARENTS
					 AND RESPITE PERSONNEL
1 The foster
					 family shall have an ongoing, predictable income to assure that the home is
					 maintained in conformity with the requirements of these regulations. The
					 Department will consider licensure without requiring any other outside source
					 of income in limited circumstances. Foster families who provide foster care
					 through licensed child care placing agencies will needed to furnish the
					 Department with a statement of predictable income from that agency to assure
					 that the household is maintained in compliance with predictable income. The
					 income statement will indicate the actual income received from the placing
					 agency. The foster family will also submit a statement describing how the
					 family would remain financially stable during times when the child placements
					 in the home are less than full capacity.
2 The primary caregiver shall have had
					 verifiable experience working with moderately to severely handicapped children.
					 Such experience shall be from one or both of the following:
a. One year of experience as a licensed
					 family foster home parent.
b. Six
					 months work experience with moderately to severely handicapped
					 children.
3 Foster
					 parents shall participate in ongoing training of at least 36 hours for the
					 licensee(s)' combined hours of training, with a minimum of at least 12 of those
					 hours completed by the secondary foster parent, if applicable, within the
					 two-year licensing period. The training must be related to the special needs of
					 moderately to severely handicapped children. At the time of initial and renewal
					 licensure, the Foster Care Licensing Worker will provide the licensee(s) with a
					 list of required training and of approved training options. Documentation of
					 required training must be provided to the Foster Care Licensing Worker at the
					 time of license renewal.
4 The
					 foster family shall not care for adult boarders or roomers or operate under any
					 other license to provide child care. The only allowable exception to this rule
					 would be to allow the foster family's former foster child to continue residing
					 in the home as an adult or to allow the former foster child to return at a
					 later date to live in the home.
Exception to this rule must receive prior approval from
						the Foster Care Licensing Supervisor.
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 › Addendum - ADDENDUM › Chapter 15 - THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-15-4 - REPEAL OF PREVIOUS RULES

Current through 2024-29, July 17, 2024
A. These rules
					 governing the licensing of Specialized Children's Homes supersede all previous
					 rules regarding Specialized Children's and become effective July 12,
					 2010.
B. These rules shall apply to
					 all applications received after the effective date.
C. The license for any family foster home for
					 children issued prior to the effective date of these rules shall remain in
					 effect until the expiration date of that license. Compliance with these rules
					 shall be required at the time of renewal of these licenses unless otherwise
					 specified in these rules.
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 › Addendum - ADDENDUM › Chapter 15 - THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-15-5 - REVIEW OF THESE RULES

Current through 2024-29, July 17, 2024
These rules governing the licensing of Specialized
						Children's Homes shall be reviewed periodically as required by
						42 U.S.C.
						Section 671(a)(11).
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 148-17-3 - 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 facility
				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
				complied 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 17 - RULES FOR LICENSING OF FAMILY FOSTER HOMES PROVIDING RESPITE CARE FOR CHILDREN › Section 148-17-4 - 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 specific 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. A temporary license
				shall be for a specific period not to exceed 120 days.
E. 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 17 - RULES FOR LICENSING OF FAMILY FOSTER HOMES PROVIDING RESPITE CARE FOR CHILDREN › Section 148-17-5 - 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, at the expiration of a temporary license or
				during the term of a full license the facility falls to comply with applicable
				law 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 respite home.
C. Whenever, upon investigation, conditions
				are found which, in the opinion of the Department, immediately endanger the
				health or safety of persons living in or attending a facility, the Department
				may request the Administrative Court for- an emergency suspension pursuant to
				Title 4 M.R.S.A., section1153.
D. A
				license to operate a respite home for children may be suspended or revoked for
				violation of applicable law and rules, committing, permitting, aiding or
				abetting any illegal practices in the operation of the facility or conduct or
				practices detrimental to the welfare of persons living in respite homes.
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 Procedure Act, Title 5, chapter
				  375.
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 148-17-6 - 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;
D. Refusal to issue a provisional. license;
				or
E. Expiration of a temporary
				license.
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 148-17-7 - 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
				issue a temporary license; or
G.
				Refuse to grant a waiver of these regulations.
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 148-17-8 - 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,
				  which is not mandated by Maine Statute. 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:
A. A
				statement of the provision for which waiver or modification is
				requested;
B. An explanation of the
				reasons why the provisions 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 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 17 - RULES FOR LICENSING OF FAMILY FOSTER HOMES PROVIDING RESPITE CARE FOR CHILDREN › Section 148-17-10 - EFFECTIVE DATE OF THESE RULES

Current through 2024-29, July 17, 2024
A. These rules
				governing the licensing of Foster Family Homes Providing Only Respite Care for
				Children become effective December 22, 1986.
B. These rules shall apply to all
				applications received after the effective date.
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 148-17-11 - REVIEW OF THESE RULES

Current through 2024-29, July 17, 2024
These rules governing the licensing of Family Foster Homes
				  Providing Only Respite Care for Children 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 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-3 - 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 facility
				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
				complied 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 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-4 - 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 for a longer
				period as deemed appropriate by the Departments not to exceed 12 consecutive
				months.
B. The term 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 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES

Current through 2024-29, July 17, 2024
A. When an applicant fails 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 the license, and a statement
				indicating the reasons for refusal, shall be 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
				facility fails 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 at the agency or
				facility.
C. Whenever, upon
				investigation, conditions are found which, in the opinion of the Department
				immediately endanger the health or safety of persons living in or attending a
				facility, or served by the facility, the Department may request the
				Administrative Court for an emergency suspension pursuant to Title 4 M.R.S.A.
				Section1153.
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 facility, or conduct or practices detrimental
				to the welfare of persons living in, attending or served by the facility.
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 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-6 - 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 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-7 - 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. Void a conditional license
D. Refuse to issue or renew a full
				license
E. Refuse to issue a
				provisional license
F. Refuse to
				grant a waiver of these regulations.
A written request for an administrative hearing must be
				  received by the Department within 10 working days of receipt of notice of the
				  Department's action. Any request for a hearing must state in detail the
				  aggrieved person's reasons for believing the Department's action to be
				  incorrect. If the Department does not receive a hearing request within the time
				  allowed, the Department's action will become final at the end of that
				  period.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-8 - 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
				  which is not mandated by Maine Statute. 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 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:
(1) A
				statement of the provision for which waiver or modification is requested;
(2) An explanation of the reasons
				why the provision cannot be met and why a 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 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-10 - 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's
				policies and program. If the administrator is responsible for supervision of
				casework,, the qualifications of a casework supervisor must be met.
B. Each 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:
a a Master's Degree from an accredited school
				in social work with a concentration in casework, or
b a Bachelor's Degree from an accredited
				School in Social Works 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-11 - ADOPTION SERVICES

Current through 2024-29, July 17, 2024
A. The policy and
				practice of the adoption agency shall be to protect the rights and meet the
				needs of the children for whom it accepts responsibility. The 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 child placing
				agencies.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-12 - REQUIREMENTS FOR SERVICES TO ADOPTIVE APPLICANTS

Current through 2024-29, July 17, 2024
A. Eligibility
The eligibility requirements of the 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 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 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 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 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 child placing agency and to the Department of Human Services
				authorizing release of child protective information to the child placing agency
				and shall obtain those reports.
7
				Releases signed by each adult member of the household permitting the agency to
				request any adoptive and foster home studies from other child placing agencies
				and the Department of Human Services. The 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-13 - REQUIREMENTS FOR SERVICES TO PRE-ADOPTIVE CHILDREN

Current through 2024-29, July 17, 2024
A. No agency shall accept a child for care
				with adoption in mind unless:
1 It has first
				determined with the parents that acceptance for care is desired by the parents
				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 agency has sufficient casework services
				to assist the parents 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-14 - 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
				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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-15 - 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 child placing agency.
1 The agency shall not place a child into
				foster care without the written authorization of the parent other person,
				official or agency having legal authority to give that authorization.
2 The 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 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 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.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-16 - 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. 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 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-17 - 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 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 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-18 - 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 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 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-19 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
These rules governing the licensing of Child Placing Agencies
				  With and Without Adoption Programs become effective July 3, 1989.
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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-20 - 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 invalids, 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 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-21 - REPEAL OF PREVIOUS RULES

Current through 2024-29, July 17, 2024
All previous rules governing the licensing of Child Placing
				  Agencies With and Without Adoption Program in the State of Maine are hereby
				  repealed.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS › Section 148-19-22 - REVIEW OF THESE RULES

Current through 2024-29, July 17, 2024
These rules governing the licensing of Child Placing Agencies
				  With and Without Adoption 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 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-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 facility
				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
				complied 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 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-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 for a longer
				period as deemed appropriate by the Department not to exceed 12 consecutive
				months.
B. The term 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 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES

Current through 2024-29, July 17, 2024
A. When an applicant fails 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 the license, and a statement
				indicating the reasons for refusal, shall be 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
				facility fails 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 at the PNMI- Child Placing
				Agency.
C. Whenever, upon
				investigation, conditions are found which, in the opinion of the Department
				immediately endanger the health or safety of persons living in or attending a
				facility, or served by the facility, the Department may request the District
				Court for an emergency suspension pursuant to Title 4 , Section 184, Subsection
				6.
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 facility, or conduct or practices detrimental to the welfare
				of persons living in, attending or served by the facility.
When the Department believes that a license should be
				  suspended or revoked; it shall file a complaint with the District 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 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-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 19-A - RULES FOR THE LICENSURE OF PRIVATE NON-MEDICAL INSTITUTIONS-CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS › Section 148-19-A-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. Void a conditional license
D. Refuse to issue or renew a full
				license
E. Refuse to issue a
				provisional license
F. Refuse to
				grant a waiver of these regulations.
A written request for an administrative hearing must be
				  received by the Department within 10 working days of receipt of notice of the
				  Department's action. Any request for a hearing must state in detail the
				  aggrieved person's reasons for believing the Department's action to be
				  incorrect. If the Department does not receive a hearing request within the time
				  allowed, the Department's action will become final at the end of that
				  period.