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

SUBSEQUENT APPLICATION FOR A FULL LICENSE

77. 
    Subsequent to any of the following actions, a subsequent 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:
    

1. 
   Issuance or voiding of a conditional license;
   

2. 
   Refusal to issue or renew a full license;
   

3. 
   Revocation or suspension of a full license; or
   

4. 
   Refusal to issue a provisional license.
   

APPEAL PROCEDURE

78. 
    Request a hearing. A person aggrieved by the department's decision to take any of the following actions, or to impose any of the following sanctions, may request an administrative hearing to refute the basis of the department's decision, as provided by the Maine Administrative Procedure Act, Title 5, Chapter 375. Administrative hearings will be held in conformity with the department's Administrative Hearing Regulations.
    

79. 
    In writing before deadline. A request for a hearing must be made, in writing, to the Director of the Division of Licensing and Regulatory Services, and must specify the reason for the appeal. A request must be mailed within ten (10) working days from receipt of the department's decision to:
    

1. 
   Issue a conditional license;
   

2. 
   Amend or modify a license;
   

3. 
   Void a conditional license;
   

4. 
   Refuse to issue or renew a full license;
   

5. 
   Refuse to issue a provisional license; or
   

6. 
   Impose a fine.
   

WAIVERS

80. 
    Request for waiver. The Commissioner or designee department may upon written request of any licensee or applicant waive or modify a provision of these rules, which is not mandated by Maine Statute. The licensee or applicant shall provide clear and convincing evidence, including at the request of the Commissioner or his/her designee, expert opinion which satisfies the Commissioner or his/her designee that the applicant or licensee’s alternative method will comply with the intent of the rule for which waiver or modification is sought. Application for a waiver or modification must 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 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.
   

81. 
    Granting of waivers. All requests shall be answered in writing and a record of them will be maintained by the department. 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. Extensions will only be granted where the best interest of the child(ren) is served.
    

ORGANIZATION and ADMINISTRATION

82. 
    Administration.
    

1. 
   Operation. Child Care Facilities may be operated as for-profit or not-for-profit operations.
   

2. 
   Corporations. A corporation, partnership, association, or trust shall identify the names and addresses of its officers, partners, trustees, or directors and shall provide, where applicable, the charter, partnership agreement, constitutions, articles of incorporation and by-laws or trust document.
   

3. 
   Licensee responsibility for the facility. The licensee is responsible for the overall operation of the Child Care Facility.
   

83. 
    Other administrative responsibilities. The applicant or licensee shall:
    

1. 
   Purpose. Define the purpose of the service;
   

2. 
   Policies. Develop policies and provide for their implementation. This must include, at a minimum, policies for the following:
   

1. 
   Child abuse reports
   

2. 
   Child behavior guidance;
   

3. 
   Children who are ill;
   

4. 
   Financial policies for families;
   

5. 
   Fire drill procedures;
   

6. 
   Emergency procedures;
   

7. 
   Business hours;
   

8. 
   Staff qualifications and training;
   

9. 
   Supervision of staff;
   

10. 
    Reporting licensing violations;
    

11. 
    Inclusionary practices for children with disabilities; and
    

12. 
    Admission policy as outlined in Section 9.11 of these rules
    

3. 
   Responsibility. The licensee is responsible for assuring that the facility’s policies are followed. This includes:
   

1. 
   Responsibility for establishing and maintaining a sound financial structure; and
   

2. 
   Being qualified to administer the facility or have a qualified person to administer the facility.
   

84. 
    Administrative and other records. The licensee shall maintain complete and accurate fiscal accounts, and required personnel records.
    

1. 
   The licensee shall maintain children's records as required by Section 11.1.
   

2. 
   Records required by Section 11 must be retained by the facility for a minimum of six (6) months after the child leaves care or the staff leaves.
   

3. 
   The licensee must keep a daily attendance list of all children. The list must be available for inspection by the Division of Licensing and Regulatory Services and be kept on site for six (6) months.
   

85. 
    Insurance.
    

1. 
   The Child Care Facility must carry a minimum liability insurance of $100,000 per person, $300,000 per occurrence; and a minimum of $5,000 property damage.
   

2. 
   Vehicle liability insurances, if transportation is provided, must be set at a minimum of $20,000 per person, $40,000 per accident.
   

3. 
   A certificate of liability insurance must be submitted prior to the issuance of a license.
   

86. 
    Posting of license. The licensee shall post, in a conspicuous place, in the facility any current license issued by the department.
    

87. 
    Posting of other notices. The licensee shall post, in a conspicuous place in the facility, notice of the existence of environmental lead hazards and any other letters, notices or correspondence required by the department to be posted.
    

88. 
    Notification to the department. The licensee shall notify the department of the following:
    

1. 
   Notification of legal proceedings. The licensee shall report, in writing, to the department any legal proceeding whether criminal or civil (within 10 days of initiation of such proceedings) brought against him/her or any person employed by the facility or residing therein if such proceedings arise out of circumstances related to the care of children in the facility or may affect the continued operation of the Child Care Facility or call into question the suitability of the director, operator, or staff members to care for children.
   

2. 
   Notification of change of owner/operator. The licensee shall provide prior notification, in writing, to the department upon any change in ownership of the facility.
   

3. 
   Notification of change in director. The licensee shall provide notification, in writing, to the department of any change in the person designated by the owner or the governing body as a qualified director of the facility.
   

4. 
   Notification of change in location. The licensee shall provide notification, in writing, to the department of any change of location of the facility. The licensee shall submit an application for licensure of the new location. The licensee (applicant) may not operate a Child Care Facility until the department issues a new license for the new location.
   

5. 
   Notification for physical plant changes. The licensee shall provide written notification to the department for any changes to the heating system, any structural alterations, or any plans to use existing space in the facility that have not been inspected and approved. This includes any physical or structural changes in the building(s) or on the grounds such as but not limited to remodeling, renovations, or installation of a swimming pool or wading pool.
   

6. 
   Notification of closure. The licensee shall provide written notification of closure and expected date of closure of a facility to the department.
   

89. 
    Availability of Rules. The facility must have a copy of these rules on the premises and must make them available to any person upon request.
    

90. 
    Transfer of license. A license shall not be transferred from one licensee to another, from one facility to another, from one location to another, or from one owner to another.
    

91. 
    Responsibility of the facility to encourage parental involvement.
    

1. 
   Responsibility to encourage parents to visit. The facility shall permit and encourage parents to visit the child, to observe the program at any time that the child is present and provide opportunities to participate in activities.
   

2. 
   Responsibility to exchange information with legal guardians. The licensee shall regularly exchange information with the legal guardian(s) about the child.
   

3. 
   Responsibility to advise regarding field trips. The facility shall advise a child's legal guardian prior to taking children on field trips and shall require the legal guardian’s written permission.
   

4. 
   Accessibility by telephone. The facility shall be directly accessible to parents/legal guardians by telephone at all times when children are present.
   

5. 
   Availability of these rules to parents. The licensee shall make available to parents and legal guardians a copy of these rules at the time of the child's admission to the facility.
   

6. 
   Responsibility to advise regarding high risk activities. The facility must advise a child’s parent or legal guardian prior to allowing the child to participate in any high risk activity, such as swimming, horseback riding or trampoline. The facility must obtain written authorization from the parent for the child to participate in any such activity. The statement must describe all types of high risk activities provided and the authorization must be updated at least annually and must list the child’s name, type of activity, location of activity, parent’s signature and date. For swimming or wading activities, the statement must describe the child’s swimming ability.
   

92. 
    Admission and intake
    

1. 
   Pre-admission visits. The licensee shall encourage parents to visit the facility prior to admission.
   

2. 
   Admission policy. All facilities must adopt a written description of admissions policies and criteria which must include:
   

1. 
   Age range;
   

2. 
   Services offered;
   

3. 
   Fees (if any) including charges for late pick-up of children;
   

4. 
   Vacation policy;
   

5. 
   Terms of any contract or placement agreements; and
   

6. 
   Hours of operation.
   

93. 
    Immunization records. The facility shall require immunization records for enrolled children in accordance with Section 18.
    

94. 
    Childcare for children with special needs. All Child Care Facilities must be in compliance with Americans with Disabilities Act (ADA) standards.
    

1. 
   The licensee cannot require that the parent(s) of children with physical, emotional and/or mental disabilities furnish the facility with information pertaining to the child’s disabilities, but is encouraged to ask pertinent developmental questions of all children prior to entrance to ensure appropriate and successful programming.
   

2. 
   A Child Care Facility must ensure that all staff are adequately trained and/or have sufficient experience to meet the needs of all children for whom they are responsible.
   

95. 
    Confidentiality Except as provided by law, confidential information may not be released without a court order or a written release from the person about whom the confidential information has been requested. The following information is confidential:
    

1. 
   Information about children in care (or formerly in care) and services provided to them by the facility must be kept confidential and shall be disclosed only upon written authorization of a child's legal guardian., except as otherwise specified by law.
   

2. 
   Information about children in care (or formerly in care) must be shared with the department and child placing agencies licensed pursuant to Title 22 M.R.S.A. chapter 1671, upon request.
   

3. 
   All personnel records must be confidential but shall be provided to the department upon request according to Title 22 M.R.S.A chapter 1661.
   

4. 
   Information that identifies, directly or indirectly, a reference, complainant or reporter of suspected licensing violations, pursuant to 22 MRSA § 7703 (2) (G).
   

96. 
    Employees with communicable diseases. No facility shall knowingly employ or otherwise permit any person to serve therein, in any capacity, if such person has a communicable or contagious disease that would threaten the health and safety of the children, unless Standard Precautions reduce or eliminate exposure or risk to the children.