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

RIGHTS FOR CHILDREN IN CHILD CARE FACILITIES

97. 
    Right to freedom from abuse and neglect. Children shall be free from mental, verbal, physical and/or sexual abuse, neglect and exploitation.
    

98. 
    Right to confidentiality. Children’s records and information kept by the Child Care Facility are confidential. Child Care Facilities must follow the rules regarding confidentiality in Section 9.14 of these rules.
    

99. 
    Right to freedom from harmful actions or practices. Each child has the right to freedom from harmful actions or practices that are detrimental to the child’s welfare, and to practices that are potentially harmful to the child.
    

100. 
     Right to a safe and healthy environment. Each child has a right to an environment that meets the health and safety standards in these rules.
     

101. 
     Right to be free from discrimination. A child shall be provided child care services without regard to race, age, national origin, religion, disability, sex or family composition.
     

102. 
     Right to consideration and respect. Children shall be treated with dignity, consideration and respect in full recognition of their individuality. This includes the use of developmentally appropriate practices by the Child Care Facility.
     

103. 
     Right to be informed of services provided by the Child Care Facility. A child’s legal guardian shall be fully informed of items or services which are included in the rate they pay for childcare services.
     

104. 
     Right to information regarding the Child Care Facility’s deficiencies. A child’s legal guardian has the right to be fully informed of findings of the most recent licensing review conducted by the department. The Child Care Facility must inform children’s legal guardians that the licensing review results are public information and available for examination upon request. Legal guardians shall be notified in a timely manner by the Child Care Facility of any actions proposed or taken against the Child Care Facility by the department, including but not limited to, decisions to issue conditional licenses, refusal to renew a license or to impose fines or other sanctions.
     

105. 
     Right to a service plan. Each child has the right to expect the licensee to assist him/her in implementing any reasonable plan of service developed with community or state agencies.
     

106. 
     Right to a variety of appropriate activities, materials and equipment. Each child has a right to a variety of activities, materials, and equipment that meets the child’s interests and capabilities.
     

107. 
     Mandatory report of rights violations. Any person or professional who provides health care, social services or mental health services or who administers a Child Care Facility or program who reasonably believes that the rules pertaining to children’s rights, and the conduct of childcare have been violated, must report this information to the Division of Licensing and Regulatory Services. Any person reporting suspected abuse and neglect shall report this information to Child Protective Intake Services, pursuant to Title 22 M.R.S.A chapter 1071 and Section 21of these rules. Documentation must be maintained in the facility that a report has been made.
     

108. 
     Reasonable modifications and accommodations. To afford individuals with disabilities the opportunity to participate in a childcare program, the Child Care Facility must act as follows:
     

1. 
   1. The Child Care Facility must make reasonable modifications to their policies and practices to include children, parents and guardians with disabilities, unless to do so would be a fundamental alteration of their program.
   

2. 
   The Child Care Facility must make the facility accessible to people with disabilities. Existing facilities must remove any readily achievable barriers, while newly constructed facilities and any altered portions of existing facilities must be fully accessible. If existing barriers can be easily removed without much difficulty or expense, licensees must remove those barriers immediately even if there are no children with disabilities using the program. (Installing offset hinges to widen a door opening, installing grab bars in toilet stalls, or rearranging tables, chairs or other furniture are all examples of readily achievable barrier removal.)
   

RECORDS and REPORTS

109. 
     Child's record
     

1. 
   A record must be completed at the time of admission and maintained by the Child Care Facility on each child in care and must include:
   

1. 
   Name, birth date, street address and mailing address of the child;
   

2. 
   Name, street address, mailing address and telephone number of parent(s) or legal guardian(s);
   

3. 
   Places of employment of parent(s) or legal guardian(s), if employed;
   

4. 
   The telephone number and street address and mailing address of parent(s)’ or legal guardian(s)’ employers;
   

5. 
   A method of contacting the parent(s) or legal guardian(s) while the child is in care;
   

6. 
   The name, street address and telephone number of a person other than the parent(s) or legal guardian(s) to contact in case the parent(s) cannot be reached in an emergency;
   

7. 
   Copy of financial agreement (if any) with parent(s) or legal guardian(s);
   

8. 
   Dates of enrollment and termination;
   

9. 
   Record of immunizations, in compliance with Section 17.1;
   

10. 
    Names, addresses and telephone numbers of the child's physician and dentist, if available;
    

11. 
    Written authorization to obtain emergency medical care;
    

12. 
    Names of persons who are permitted by the parent(s) or legal guardian(s) to remove the child from the facility;
    

13. 
    A record of injuries sustained while in care of the facility, significant changes in appearance and/or hygiene, or significant changes in behavior (such as: increased aggression, withdrawal, sexual acting out, and/or prolonged tantrums) and other health conditions, if known;
    

14. 
    Allergies and other health conditions, if known, and
    

15. 
    Special needs, if any.
    

16. 
    Written permission for participation in swimming or wading activities from each child’s parent(s) or guardian(s) if swimming or wading activities are offered.
    

110. 
     Personnel records
     

1. 
   A personnel record must be kept for each paid or unpaid, temporary or regular staff member, director, owner or administrator employed in the Child Care Facility. Parents who volunteer on a regular weekly basis working in the capacity of a paid staff member shall be included.
   

2. 
   Volunteers. The facility must maintain a personnel record on volunteers with the exception of 11.2.3.2, 11.2.3.4, and 11.2.3.5 below.
   

3. 
   The personnel record must contain:
   

1. 
   Name, street and mailing address, birth date, social security number and telephone number;
   

2. 
   Training, education, experience and other qualifications;
   

3. 
   Written references or clear documentation of verbal contact, to include evaluation of employee's and volunteer's ability, character and suitability for work with children;
   

4. 
   An annual evaluation of each employee's performance by the director or immediate supervisor signed by the employee and evaluator;
   

5. 
   Dates of employment and termination. Reasons for termination must be kept in the employee record for a minimum of one year;
   

6. 
   A statement signed by each employee certifying that the licensing rules have been read and understood;
   

7. 
   Record of SBI (State Bureau of Identification) criminal history report. This must be applied for prior to or at the time of employment;
   

8. 
   Annual motor vehicle check for all persons employed in any Child Care Facility in a capacity involving the transporting of minors as stated in the Child Protection Act, Title 17 M.R.S.A. chapter 92;
   

9. 
   Documentation of disciplinary action.; and
   

10. 
    Immunization records as required by Section 17.1.4.
    

4. 
   Personnel records must be available for inspection for licensing purposes by the Division of Licensing and Regulatory Services and Child Protective Services staff of the department according to Title 22 M.R.S.A. chapters 1661 and 1663.