Rules for the Licensing of Child Care Facilities 10-148 cmr chapter 32

LICENSING REQUIREMENTS and PROCEDURES

38. 
    License required. Any person operating a Child Care Facility for children under thirteen (13) years of age as defined in Section 1.5 is required to have a license from the Department of Health and Human Services to operate this facility.
    

39. 
    Unlicensed facilities. No person or entity shall operate a Child Care Facility for more than two (2) children without a license from the department in force, authorizing such operation. (Title 22M.R.S.A. chapter 1663)
    

40. 
    Responsibility for compliance. The person or entity applying for the license shall be responsible for complying with Maine Statutes and Rules adopted pursuant thereto. (Title 22 M.R.S.A. chapter 1663)
    

41. 
    Qualifications of the applicant and director. The applicant and proposed director must demonstrate their willingness and ability to operate and manage the Child Care Facility with mature judgment, compassionate regard for the best interests of children and consistent compliance with these regulations and all relevant laws. In making this determination, the department shall consider each of the following factors to the extent that they are relevant to the proposed facility, ownership interest and/or employment:
    

1. 
   Record and reputation for honest and lawful conduct in business and personal affairs. The applicant shall, as part of the license application and renewal process, authorize the department to review the records of professional licensing boards or registers, any criminal record, child protective record, institutional abuse record or adult protective record necessary to determine compliance with these rules;
   

2. 
   Management and supervisory experience, including the capacity to manage the financial operations and staff of the Child Care Facility for which the license is sought;
   

3. 
   Experience in the field of childcare, child development or areas related to the provision of childcare services;
   

4. 
   Conduct which demonstrates an understanding of, and compliance with, rights for children in Child Care Facilities;
   

5. 
   Information which relates to the ability or willingness to comply with all applicable laws and rules;
   

6. 
   Any information reasonably related to the ability to provide safe and developmentally appropriate services at the level of care for which the license is sought.
   

42. 
    Changes in children served and licensed capacity. No person shall care for more children or for children who are older or younger than the childcare ratios and license allows. At the discretion of the department, 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 facility.
    

43. 
    Application for initial license. Application for an initial license must be made to the Department of Health and Human Services, Division of Licensing and Regulatory Services, State House Station #11, Augusta, Maine 04333, on forms furnished by the department, and the appropriate fee must be included. Incomplete applications on which no action has been taken by the applicant shall be void after sixty (60) days.
    

44. 
    Application for renewal of license. At least sixty (60) days prior to the expiration of a license to operate a Child Care Facility, an application and the required fee for a renewal must be submitted to the department on a form supplied by the department, and accompanied by such additional information as may be required. It is the responsibility of the licensee to make timely application for renewal.
    

1. 
   Upon receipt and review of applications and determination of compliance with the requirements of the Maine Revised Statutes Annotated and any rules adopted pursuant thereof, the department shall renew such license
   

and sufficient grounds either for denial of the application for renewal or for renewal of the license on a temporary or conditional basis. The department will stagger the transition from a one (1) year license to a two (2) year license.

2. 
   If timely application for renewal is made, the existing license shall continue until a final decision on the renewal is made.
   

45. 
    Nonrefundable fees. Fees for license application and renewal will be established based on an analysis of the department’s costs for issuing the license. Fees will not exceed the cost of issuing licenses. The department will assess biennial renewal fees.
    

1. 
   Application fee. An application fee for a provisional license (Section 3.2) or a temporary license (Section 3.5) is $120.00. Payment of the fee must accompany the application or the application is incomplete.
   

2. 
   Renewal fee. The biennial renewal fee is $240.00. Payment of the fee must accompany the renewal application or the renewal application is incomplete. Failure to submit a timely renewal application may result in termination of license. The biennial fee is assessed for a full license (Section 3.3) or a conditional license (Section 3.4).
   

46. 
    Requirement for references. At the time of application references are required from three (3) persons who are acquainted with but not related to the Child Care Facility operator. If the Child Care Facility is operated by other than an individual, references must pertain to the director who has primary responsibility for the operation of the Child Care Facility.
    

47. 
    Licenses are only effective at the location for which they are issued. If the program moves to another location, a new license must be issued prior to operation.
    

48. 
    Single license for two buildings. When two (2) or more buildings are or will be utilized to accommodate facilities operated by the same person, the person shall apply to the department for a single license covering all the facilities, provided that:
    

1. 
   The buildings are on the same or contiguous properties; and
   

2. 
   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.
   

3. 
   The programs must have the same director.
   

49. 
    One license per single family residence. No more than one Child Care Facility license shall be issued in any residence occupied by a single family.
    

50. 
    Dual licensure. No license to operate a Child Care Facility shall be issued to anyone holding a license to provide foster care for children without prior approval from the Director of the Division of Licensing and Regulatory Services or designee.
    

51. 
    Inspections.
    

1. 
   Initial inspections. Following receipt of a complete application for a license to operate a Child Care Facility, a representative of the department will conduct an inspection of the facility, its policies, and program to evaluate compliance with applicable rules adopted by the Department of Health and Human Services.
   

2. 
   Unannounced inspections. The department must make at least one unannounced inspection of the Child Care Facility licensed under Title 22 M.R.S.A. chapter 1673 during the term of the license. The inspection must take place between 6 and 18 months after the issuance of the license.
   

52. 
    Determining compliance with these rules. In some instances, there are no common definitions as to the degree of compliance with the rules. When such instances occur in these rules, the determination of compliance or non-compliance shall be made at the discretion of the department.
    

53. 
    Right of entry.
    

1. 
   The department shall have the right to enter upon and into the premises of any licensed program site pursuant to these rules at any reasonable time, in order to determine the state of compliance with the provisions of these rules and applicable laws.
   

2. 
   Such right of entry and inspection shall extend to any premises which the department has reason to believe is being operated or maintained as a Child Care Facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof unless a warrant is first obtained from the court of jurisdiction authorizing the same.
   

54. 
    Application constitutes permission for entry. Any application for a license made pursuant to these rules shall constitute permission for, and complete acquiescence in, any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted or in connection with such application.
    

55. 
    Fire safety inspection. No license to operate a Child Care Facility at any
    

fire safety and fire protection. Such an inspection must be made biennially (every two years) thereafter if the renewal license is to be issued. All inspections must be made under the provisions of Title 25, chapters 313, 315, and 317 of the Maine Revised Statutes and other fire prevention statutes and rules promulgated by the Department of Public Safety of the State of Maine. Inspections must be made by a person approved by the Maine Department of Public Safety.

56. 
    Increases in licensed capacity. Requests for any increase in the number of children the Child Care Facility is licensed to serve must be made in writing to the department. No increases in the number of children a program is licensed to serve shall be made without prior written approval from the department.
    

57. 
    Private water supplies. Water, which is used for drinking and cooking purposes, must be obtained from a municipal water system or other satisfactory supply which meets the standards of the Division of Health Engineering of the Department of Health and Human Services. Water must be tested for the following: coliform bacteria, nitrate and nitrite nitrogen, fluoride, chloride, hardness, copper, iron, pH, manganese, lead, and arsenic. If a satisfactory supply cannot be provided, a license or renewal of a license cannot be issued.
    

58. 
    Criminal history and child protection reports. Criminal history reports, out of home abuse investigation reports and child protection reports must be obtained for each individual applicant for a license, and for each paid, unpaid, temporary, or regular staff member, director, or volunteer, in a Child Care Facility as required by Section 11. Criminal history reports, out of home abuse investigation reports, and child protection reports must also be obtained for governing body members, trustees, partners, corporate officers, owners or operators who serve in a child caring capacity at the facility.