Rules for the Licensing of Child Care Facilities 10-148 cmr chapter 32
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Rules for the Licensing of Child Care Facilities 10-148 CMR Chapter 32 Effective Date: August 27, 2008 
Maine Department of Health and Human Services Division of Licensing and Regulatory Services Community Services Programs State House Station 11 41 Anthony Ave. Augusta, ME 04333-0011 (207) 287-9300 1-800-791-4080 TDD 1-800-606-0215 dlrs.info@maine.gov Table of Contents Chapter I CHILD CARE FACILITIES Statement of Purpose 1-1 1. Definitions 1-1 2. Licensing Requirements and Procedures 2-1 2.1 License required 2.2 Unlicensed facilities 2.3 Responsibility for compliance 2.4 Qualifications of the applicant and director 2.5 Changes in children served and licensed capacity 2-2 2.6 Application for initial license 2.7 Application for renewal of license 2.8 Fees 2.9 Requirement for references 2-3 2.10 Licenses are only effective at the location for which they are issued 2.11 Single license for two buildings 2.12 One license per single-family residence 2.13 Dual licensure 2.14 Inspections 2.15 Determining compliance with these rules 2-4 2.16 Right of entry 2.17 Application constitutes permission for entry 2.18 Fire safety inspection 2.19 Increases in licensed capacity 2.20 Private water supplies 2.21 Criminal history and child protection reports 2-5 3. Types of licenses 3-1 3.1 Licenses 3.2 Provisional license 3.3 Full license 3.4 Conditional license 4. Term of License 4-1 4.1 Term of provisional license 4.2 Term of full license 4.3 Term of conditional license 4.4 Term of temporary license 4.5 Monitoring for compliance 5. ENFORCEMENT PROCEDURES 5-1 5.1 Operation without a license 5.2. Notice of refusal to issue or renew a license 5-2 5.3 Conditional license, refusal to issue license and suspension or revocation 5.3.1 Conditional license 5.3.2 Refusal to issue a license 5.3.3 Suspension or revocation of a license 5-3 5.3.3.1 Emergency suspension 5.3.3.2 Administrative suspension 5.4 Limitation on reapplication after denial or revocation of license 5.5 Intermediate sanctions 5-4 5.5.1 Grounds for intermediate sanctions 5.5.2 Intermediate sanctions 5.6 Financial penalties 5.7 Assessment of Penalties issued 5-5 5.8 Payment of penalties 6. Subsequent application for a full license 6-1 7. Appeal procedure 7-1 7.1 Request a hearing 7.2 In writing before deadline
8.1 Request for waiver 8.2 Granting of waivers
9.1 Administration 9.1.1 Operation 9.1.2 Corporations 9.1.3 Licensee responsibility for the facility 9.2 Other administrative responsibilities 9.3 Administrative and other records 9-2 9.4 Insurance 9.5 Posting of license 9.6 Posting of other notices 9.7 Notification to the department 9.7.1 Notification of legal proceedings 9-3 9.7.2 Notification of change of owner/operator 9.7.3 Notification of change in director 9.7.4 Notification of change in location 9.7.5 Notification for physical plant changes 9.7.6 Notification of closure 9.8 Availability of Rules 9.9 Transfer of license 9.10 Responsibility of the facility to encourage parental involvement 9-4 9.11 Admission and Intake 9.11.1 Pre-admission visits 9-5 9.11.2 Admission policy 9.12 Immunization records 9.13 Childcare for children with special needs 9.14 Confidentiality 9.15 Employees with communicable diseases 9-6
10.1 Right to freedom from abuse and neglect 10.2 Right to confidentiality 10.3 Right to freedom from harmful actions or practices 10.4 Right to a safe and healthy environment 10.5 Right to be free from discrimination 10.6 Right to consideration and respect 10.7 Right to be informed of services provided by the Child Care Facility 10.8 Right to information regarding the Child Care Facility’s deficiencies 10.9 Right to a service plan 10.10 Right to a variety of appropriate activities, materials and equipment 10-2 10.11 Mandatory report of rights violations 10.12 Reasonable modifications and accommodations
11.1 Child’s record 11.2 Personnel records 11-2
12.1 Staff requirements for all Child Care Facilities 12.1.1 Student assistants or volunteers 12.1.2 Supervision of student assistants or volunteers 12.1.3 First aid and CPR 12.1.4 Assigned tasks 12.1.5 Exercise good judgment 12.1.6 Reporting requirement 12-2 12.1.7 Written release 12-3 12.1.8 Licensing decision 13. Staff child requirements 13-1 13.1 Children under six weeks and staff member’s children 13.1.1 Children under six (6) weeks of age 13.1.2 Children of staff members 13.2 Supervision 13.2.1 Supervision for each child 13.2.2 Supervision while napping 13.2.3 Crying children 13.2.4 Emergency plan 13.3 Other staffing requirements and responsibilities 13.3.1 Responsibility for compliance with these rules
14.1 Pre-service orientation 14.2 Documentation of training 14.3 Volunteers and substitutes 15. Program description, and schedule 15-1 15.1 Program description and schedule 15.2 Indoor and outdoor activities 15.3 Materials and equipment 15-2 15.3.1 Toys and play equipment 15.3.2 Extra clothing for pre-school children 15-3 15.3.3 Materials and equipment for children 15.4 Swimming and wading activities 15.4.1 Policies and procedures regarding water activities and safety 15.4.2 Emergency Plan 15.4.3 Emergency procedures 15.4.4 Pool safety rules 15-4 15.4.5 Basic water safety instruction for children 15.4.6 Safety checklist 15.4.7 Water safety attendant on duty 15.4.8 Constant supervision 15-5 15.4.9 Staff-to-child ratios 15.4.10 Identification of non-swimmers 15-6 15.4.11 Approved flotation devices 15.4.12 Swim instruction program design 15.4.13 Training for on-site directors
16.1 Child Guidance 16.1.1 Positive methods of child guidance 16.1.2 Consistent and reasonable application of rules 16.1.3 Constructive methods of guidance 16.1.4 Corporal punishment 16.1.5 Shaming 16.1.6 Withholding food 16.1.7 Forced to eat 16.1.8 Soiling, wetting 16.1.9 Cruel punishment 16.1.10 Adaptive equipment 16.1.11 Detrimental practice
17.1 Immunization 17.1.1 Certificate of immunization for children 17.1.2 Blood tests demonstrating immunity 17.1.3 Exceptions to proof of immunity 17.1.4 Certificate of immunization for staff 17-2 17.1.5 Documenting exemptions to immunization 17.1.6 Immunization records and reporting requirements 17.2 Medical statement 17.2.1 Request for physician’s or psychologist’s report 17.2.2 Exceptions to undergoing evaluations 17.3 Health care consultation 17-3 17.3.1 Health consultation requirements for facilities licensed for thirteen (13) or more children 17.3.2 Health consultation requirements for facilities licensed for three (3) to twelve (12) children 17.4 Disease surveillance 17.4.1 Daily observation 17.4.2 Apparent illness of a child 17.5 Accidents and sudden illness 17-4 17.5.1 Notification of parent or legal guardian 17.5.2 Documentation of incidents 17.6 Administration of medication 17.6.1 Written orders required 17.6.2 Recording the administration of medications 17-5 17.6.3 Nonprescription medications 18. Environment and safety 18-1 18.1 General conditions of the facility and surrounding premises 18.2 Code compliance 18.2.1 Local codes and ordinances 18.2.2 State Fire Marshal’s Office approval 18.2.3 Satisfactory water 18.2.4 Satisfactory lead levels 18.3 Sanitation, health and safety 18-2 18.4 Buildings, space, furnishing, and equipment 18.4.1 Minimum usable space 18.4.2 Heating, temperature 18.4.3 General safety 18.4.4 Lighting and Ventilation 18-3 18.4.5 Furnishings 18.4.6 Toilet facilities 18-4 18.4.7 First aid 18.5 Outdoor play area 18-5 18.5.1 Access to sufficient outdoor space 18.5.2 Hazardous outdoor conditions 18.5.3 Outdoor supervision 18.5.4 Playground exits 18.5.5 Surfaces 18.5.6 Safe outdoor play equipment 18.5.7 Drainage 18.5.8 Hazard free play area 18.5.9 Sand or sawdust 18.5.10 Sun and shade 18.5.11 Safe equipment 18.5.12 Swimming pool cleanliness 18.5.13 Swimming pools when not in use 18.6 Fire evacuation drills 18-6 18.6.1 Monthly fire drills 18.6.2 Fire drill procedures 18.6.3 Record of fire drills 18.7 Animals in the facility 18.8 Swimming Pools 18.8.1 Swimming pools must be registered 18.8.2 Swimming pool cleanliness 18-7 18.8.3 Swimming pools when not in use 18.8.4 Emergency telephone 19. Food and kitchen facilities 19-1 19.1 Meals and snacks 19.1.1 Well balanced meals and snacks 19.1.2 Food supplied from outside the facility 19-2 19.1.3 Hand washing 19.1.4 Supervision during mealtimes 19.2 Kitchen facilities 19.2.1 Well lighted 19.2.2 Appropriate temperature 19.2.3 Perishable food 19.2.4 Refrigerator temperature 19.2.5 Freezer temperature 19.2.6 Milk products 19.2.7 Preparation and eating surfaces 19.2.8 Staff hand washing 19.2.9 Dish washing 19.2.10 Paper products 19-3 19.2.11 Use of the food preparation area 19.2.12 Food storage 19.2.13 Cooked food 19.2.14 Staff who are ill 19.2.15 Transporting food 19.2.16 Children in food preparation areas 19.2.17 Hot foods and liquids 19.2.18 Heating formula, milk or food 19.2.19 Live animals 19.2.20 Sinks 19.2.21 Cleanable surfaces 19-4 19.2.22 Sanitary conditions 19.2.23 Wastewater pipes 19.2.24 Food stored in the refrigerator 19.2.25 Frozen foods 19.2.26 Washing fresh fruits and vegetables 19.2.27 Food served to only one child 19.2.28 Preventing contamination 19.2.29 Disposing contaminated food 19.2.30 Single-service utensils
20.1 Vehicle requirements 20.1.1 Licensed driver 20.1.2 Training 20.1.3 Number of passengers 20.2 Safety in vehicles 20.2.1 Unattended vehicle 20.2.2 Seat belt 20.2.3 Back seat 20.2.4 One child per seat belt 20.2.5 Adult to child ratios in vehicles 20.2.6 Non-ambulatory children 20.2.7 Limitations of vehicle requirements 20.2.8 Weapons in vehicles 20.2.9 Child safety seats 20-2
21.1 Mandatory reporting 21.2 Policy for handling suspected instances of child abuse or neglect 21.3 Facility cooperation in investigations 22. Infant/Toddler program 22-1 22.1 Additional rules for infant/toddler programs 22.2 Restriction to first floors 22.3 Promoting developmental needs 22.4 Feeding 22.5 Diapering/toileting 22-2 22.6 Toileting practice 22-3 22.7 Napping/resting 22.8 Cots, cribs and bedding
23.1 Additional rules for School- Age Childcare Programs 23.2 Exemptions for Child Care Facilities located in school buildings
24.1 Additional rules for Occasional Care Programs 24.2 Exemptions for Occasional Care Programs
25.1 Additional rules for Small Childcare Facilities 25.2 Personnel 25.2.1 Staff Qualifications for Facilities Licensed for 3-12 Children 25.2.1.1 Director and/or Head Teacher qualifications 25.2.2 Qualifications of other staff 26. Staff child requirements, Small Childcare Facility 26-1 26.1 Staff-Child Ratios for Small Childcare Facilities 26.1.1 The maximum number of children to be assigned to one (1) adult 26.1.2 The maximum number of children to be assigned to two (2) adults 26.1.3 The maximum number of children to be assigned to three (3) adults 26.1.4 Combination of ages 26-2 26.2 Staff training 26-3
27.1 Additional rules for Childcare Centers 27.2 Personnel. Staff qualifications for facilities licensed for 13-20 children 27.2.1 Director and/or Head Teacher qualifications 27.2.2 Director or Head Teacher 27-2 27.2.3 Qualifications of other staff 27.2.4 Ongoing training 27.3 Personnel. Staff qualifications for facilities licensed for 21-49 children 27.3.1 Director and/or Head Teacher qualifications 27-3 27.3.2 Qualifications of other staff 27.3.3 Group leader qualifications 27-4 27.3.4 Ongoing training 27.4 Personnel. Staff qualifications for facilities licensed for 50 or more children 27.4.1 Director and/or Head Teacher qualifications 27.4.2 Qualifications of other staff 27-5 27.4.3 Group leader qualifications 27-6 27.4.4 Ongoing training 27.5 Other staff requirements for facilities licensed for 13 or more children 28. Staff Child Requirements, Childcare Centers 28-1 28.1 Staff-child ratios 28.2 The maximum number of children to be assigned to one adult 28.3 Group leader for facilities licensed for 13-20 28.4 Group leader for facilities licensed for twenty-one (21) or more 28.5 Additional rules for facilities licensed for thirteen (13) or more Addendum Statutory Authority & Regulatory History A-1 |