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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 1052-A. CHILD CARE SERVICES (HEADING. PL 1993, c. 158, @2 (new))
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Title 22 - §3731. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3731. Definitions
As used in this chapter, unless the context otherwise indicates or unless they are inconsistent with federal law, the following
terms have the following meanings.
[1993, c. 158, §2 (new).]
1. Child care. "Child care" means a regular service of care and protection provided for compensation for any part of a day less than 24
hours to a child or children under 16 years of age whose parents work outside the home, attend an educational program or are
otherwise unable to care for their children. "Child care" also means administrative functions related to the delivery of
child care services, including, but not limited to, contract management, voucher administration, licensing, training, technical
assistance and referral.
[1993, c. 158, §2 (new).]
2. Council. "Council" means the Child Care Advisory Council established pursuant to Title 5, section 12004-I, subsection 35-B.
[1993, c. 158, §2 (new).]
3. Office. "Office" means the Office of Child Care and Head Start.
[1995, c. 502, Pt. D, §7 (amd).]
4. Region. "Region" means a service delivery region established pursuant to section 6-A.
[1993, c. 158, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3732. Principles of child care system
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3732. Principles of child care system
The department shall allocate resources available under this chapter in a manner that promotes the following principles.
[1993, c. 158, §2 (new).]
1. Family self-sufficiency. A stable source of child care is a critical ingredient to economic self-sufficiency. Child care policies and programs must
facilitate a smooth transition into the work force for parents and a rich and stable environment for children.
[1993, c. 158, §2 (new).]
2. Investment in children. Child care is a critical investment that affects a child's readiness to learn. High-quality child care programs recognize
and implement good, early childhood practices, as articulated by Head Start, the National Association for the Education of
Young Children and other early childhood organizations.
[1993, c. 158, §2 (new).]
3. Consumer orientation and education. Child care policies and programs must be responsive to the changing needs of families and educate families about available
options, identifying quality programs and selecting appropriate care.
[1993, c. 158, §2 (new).]
4. Accessibility. High-quality child care must be available to any family seeking care regardless of where the family lives or the special
needs of the child. A centralized place in local communities must be available to facilitate parents' access to child care.
[1993, c. 158, §2 (new).]
5. Affordability. High-quality child care must be available on a sliding scale basis, with families contributing based on ability to pay.
[1993, c. 158, §2 (new).]
6. Diversity. It is the goal of the State to strive wherever possible to provide child care in an integrated setting, where children with
various needs and of various income levels and cultures are cared for together.
[1993, c. 158, §2 (new).]
7. Efficient, coordinated administration. Child care programs must be coordinated to ensure the most effective use of federal and state funds.
[1993, c. 158, §2 (new).]
8. Support for infrastructure. State child care agencies and policies must support the orderly development of a high-quality child care system.
[1993, c. 158, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3733. Designated agency
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3733. Designated agency
To the extent permitted by federal law, the department shall coordinate and administer all available federal and state child
care funds, including, but not limited to, those available under the United States Social Security Act; the federal Omnibus
Budget Reconciliation Act of 1990, Section 5081; and the federal Child Care and Development Block Grant Act of 1990, as amended
by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105.
[1997, c. 530, Pt. A, §11 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3734. Use of federal funds
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3734. Use of federal funds
The department shall seek the advice of the council when applying or reapplying for federal funds under this chapter and when
submitting state plans, amendments to state plans or waivers for federal approval. Whenever the department makes these submissions
to the Federal Government, it shall notify the joint standing committee of the Legislature having jurisdiction over human
resource matters and the Executive Director of the Legislative Council.
[1993, c. 158, §2 (new).]
div>
The following additional provisions apply to certain federal child care funds, as indicated.
[1993, c. 158, §2 (new).]
1. Used to supplement state funds. Federal child care funds must be used to supplement and may not replace existing state and local child care funds.
[1993, c. 158, §2 (new).]
2. Block grant funds encumbered. Within 6 months of receiving any payment under the federal Child Care and Development Fund, the department shall expend
or encumber 100% of the payment.
[1997, c. 530, Pt. A, §12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3735. Child care for ASPIRE-JOBS participants
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3735. Child care for ASPIRE-JOBS participants
The department shall ensure that all persons referred for participation in the State's ASPIRE-TANF program receive information
regarding child care options from caseworkers who are knowledgeable about the range of child care subsidies available in this
State and who can explain the relative advantages of each option. This may be done directly by the department or by the department's
designee.
[1997, c. 530, Pt. A, §13 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3736. Eligibility
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3736. Eligibility
1. Single application form. By October 1, 1993, the department shall develop a universal application for all publicly funded child care programs for
applicants who are seeking child care as their primary service. By January 1, 1994, the department shall require all caseworkers
and contractors to use the form to determine eligibility for those applicants. Applicants submitting applications to more
than one caseworker or contractor may submit photocopies.
[1993, c. 158, §2 (new).]
2. Eligibility decision within 30 days. The department shall determine eligibility for child care programs administered under this chapter within 30 days of receiving
an application. If a contractor determines eligibility, the department shall require that the contractor determine eligibility
within 30 days of receiving an application.
[1993, c. 158, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3737. Payments to providers
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3737. Payments to providers
1. No payments to recipients. The department may not make cash payments to recipients for child care services provided under this chapter, except when
those payments represent reimbursement for services already provided to the recipient.
[1993, c. 158, §2 (new).]
2. Maintenance of existing options. The department shall ensure that child care funds are distributed through a range of mechanisms, including, but not limited
to, vouchers to recipients and contracts to providers.
[1993, c. 158, §2 (new).]
3. Quality differential. To the extent permitted by federal law, the department shall pay a differential rate for child care services that meet or
that make substantial progress toward meeting nationally recognized quality standards, such as those standards required by
the Head Start program or required for accreditation by the National Association for the Education of Young Children, and
shall do so from the Child Care Development Fund 25% Quality Set-aside funds or by other acceptable federal practices. Rules
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter II-A. The
rules must limit payment of the differential for substantial progress to a period of one year. The rules must provide differential
rates for substantial progress and must define substantial progress as:
A. Having submitted program descriptions and awaiting a scheduled visit from an accrediting body approved by the department;
or
[2001, c. 394, §1 (new).]
B. For family child care, having submitted a portfolio for a child development associate and awaiting a scheduled observation.
[2001, c. 394, §1 (new).]
[2001, c. 394, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3738. Resource development centers (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3738. Resource development centers (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3739. Child Care Advisory Council
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3739. Child Care Advisory Council
1. Purpose. The Child Care Advisory Council is established, in accordance with Title 5, section 12004-I, subsection 35-B, to advise
the Legislature and the department regarding child care services in the State. The council shall encourage the development
of child care policies that are coordinated among state agencies to promote quality, uniformity and efficiency of service.
[1993, c. 158, §2 (new).]
2. Membership. The council has a minimum of 25 members, appointed as follows:
A. One employee of the Bureau of Family Independence who is responsible for child care services, appointed by the commissioner;
[1995, c. 418, Pt. A, §39 (amd).]
B. Two employees of the Department of Health and Human Services who are responsible for child care services, appointed by the
commissioner;
[1995, c. 502, Pt. D, §8 (amd); 2003, c. 689, Pt. B, §6 (rev).]
C. One employee of the Department of Health and Human Services, Bureau of Children with Special Needs, appointed by the Commissioner
of Health and Human Services;
[RR 1995, c. 2, §42 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]
D. One employee of the Department of Education, appointed by the Commissioner of Education;
[1993, c. 158, §2 (new).]
E. One employee who coordinates the state Head Start program, appointed by the commissioner;
[1993, c. 158, §2 (new).]
F. The State Fire Marshal or the State Fire Marshal's designee;
[1993, c. 158, §2 (new).]
G. One employee of the Office of Substance Abuse, appointed by the Director of the Office of Substance Abuse;
[1993, c. 158, §2 (new).]
H. One employee of the Department of Economic and Community Development, appointed by the Commissioner of Economic and Community
Development;
[1993, c. 158, §2 (new).]
I. One member of the Senate, appointed by the President of the Senate;
[1993, c. 158, §2 (new).]
J. Two members of the House of Representatives, at least one of whom must be from the minority party, appointed by the Speaker
of the House of Representatives;
[1993, c. 158, §2 (new).]
K. One parent or other consumer who receives a child care subsidy at the time of that parent's or consumer's appointment, appointed
by the Governor;
[1993, c. 158, §2 (new).]
L. One parent or other consumer of child care services who does not receive a child care subsidy, appointed by the Governor;
[1993, c. 158, §2 (new).]
M. One business representative nominated by the Maine Chamber of Commerce and Industry, appointed by the Governor;
[1993, c. 158, §2 (new).]
N. One center-based care representative nominated by the Maine Child Care Directors' Association, appointed by the Governor;
[1993, c. 158, §2 (new).]
O. One Head Start provider nominated by the Maine Head Start Directors' Association, appointed by the Governor;
[1993, c. 158, §2 (new).]
P. One family day-care provider nominated by the Maine Family Day Care Association, appointed by the Governor;
[1993, c. 158, §2 (new).]
Q. One person representing Native Americans, appointed by the Governor;
[1993, c. 158, §2 (new).]
R. One child care provider who does not receive public funds, appointed by the Governor;
[1993, c. 158, §2 (new).]
S. One person associated with a local preschool handicapped project coordination site, appointed by the Governor;
[1993, c. 158, §2 (new).]
T. One person nominated by the Coalition for Maine's Children, appointed by the Governor;
[1993, c. 158, §2 (new).]
U. One person nominated by the Maine Association of Child Care Resource and Referral Agencies, appointed by the Governor;
[1993, c. 158, §2 (new).]
V. One representative of women nominated by the Maine Women's Lobby, appointed by the Governor; and
[1993, c. 158, §2 (new).]
W. One provider of child care for school-age children, appointed by the Governor.
[1993, c. 158, §2 (new).]
Senators and members of the House of Representatives serve for the duration of the legislative terms that they are serving
when appointed. Members from state departments serve at the pleasure of their appointing authorities. All other members
serve 3-year terms and may continue to serve beyond their terms until their successors are appointed. If a vacancy occurs
before a term has expired, the vacancy must be filled for the remainder of the unexpired term by the authority who made the
original appointment. If a member is absent for 2 consecutive meetings and has not been excused by the chair from either
meeting, the council may remove the member by majority vote. If a nominating organization does not submit nominations within
a reasonable period of time, the appointing authority may fill that organization's seat with a member of the public at large.
The council shall determine whether more than 25 members would assist it in its work under subsections 1 and 5. If a majority
of the council votes to request the appointment of additional members, the council shall specify the number of additional
members needed and shall convey a request for the appointment of those additional members to the Governor, who shall make
the appointments.
[2001, c. 179, §1 (amd); c. 354, §3 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]
3. Meetings; chair. The commissioner shall call the first meeting of the council by October 15, 1993. At the first meeting, the council shall
select by majority vote a chair from among its members to serve a term of one year. A chair may be reelected to subsequent
terms. The chair shall call subsequent meetings. The council may meet as often as funding permits, but must meet at least
4 times per year.
[1993, c. 158, §2 (new).]
4. Powers. The council must have access to all departmental records regarding child care programs administered under this chapter,
except that the council may not have access to information that identifies individuals who receive assistance under this chapter.
[1993, c. 158, §2 (new).]
5. Duties. The council shall:
A. Advise the department and the Legislature regarding the coordination of child care services in the State;
[1993, c. 158, §2 (new).]
B. Advise the department regarding the preparation of any application, amendment, waiver request, plan or other document submitted
by the department to the Federal Government regarding child care funding and recommend changes to the submission when appropriate;
[1993, c. 158, §2 (new).]
C. Establish a subcommittee that includes licensing officials, public health and safety representatives, early childhood educators
and others considered necessary by the council to review the current system of licensing and registration and recommend a
uniform regulatory system for family day-care homes. In its first annual report, the council shall submit its recommendations,
along with implementing legislation, if needed, to the joint standing committee of the Legislature having jurisdiction over
human resource matters;
[1993, c. 158, §2 (new).]
D. Examine the role and funding of resource development centers and submit recommendations regarding the number and role of
the centers in the State. These recommendations must be made in the council's first or 2nd annual report;
[1993, c. 158, §2 (new).]
E. Advise how the State can better use child care funds available under the federal Social Security Act and develop a proposal
to use federal and state funds to supplement the earned income disregard for families receiving temporary assistance for needy
families;
[1997, c. 530, Pt. A, §14 (amd).]
F. Explore ways in which child care services may be better integrated into a system of comprehensive services for children
and families; and
[1993, c. 158, §2 (new).]
G. Examine any other relevant child care issues and make recommendations as needed. The council may establish ad hoc subcommittees
as needed.
[1993, c. 158, §2 (new).]
[1997, c. 530, Pt. A, §14 (amd).]
6. Report. By January 15th, the council shall submit an annual report to the commissioner and the joint standing committee of the Legislature
having jurisdiction over human resource matters. The report must describe the council's activities for the year regarding
its duties specified in subsection 5 and must outline policy changes recommended by the council, along with necessary implementing
legislation.
[1993, c. 158, §2 (new).]
7. Staff. The office shall provide staff and office supplies to the council within the office's existing resources. The council may
refuse these services and supplies and may accept and expend private funds to carry out its duties under this chapter.
[1993, c. 158, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3740. Office of Child Care and Head Start
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1052-A: CHILD CARE SERVICES (HEADING: PL 1993, c. 158, @2 (new))
§3740. Office of Child Care and Head Start
1. Establishment. The Office of Child Care and Head Start is established within the Division of Purchased and Support Services.
[1995, c. 502, Pt. D, §9 (amd).]
2. Powers and duties. The office has the following powers and duties:
A. Maintain an inventory of child care information;
[1993, c. 158, §2 (new).]
B. Provide public education on becoming better consumers of child care;
[1993, c. 158, §2 (new).]
C. Provide staffing assistance to the council;
[1993, c. 158, §2 (new).]
D. Coordinate an ongoing review of all child care licensing rules;
[1993, c. 158, §2 (new).]
E. Provide technical assistance to public and private sector employers, school systems and community groups concerning child
care, flexible benefits and work schedules;
[1993, c. 158, §2 (new).]
F. Coordinate the development of a training system for child care providers;
[1993, c. 158, §2 (new).]
G. Develop incentives for employer involvement in child care; and
[1993, c. 158, §2 (new).]
H. Promote cooperative relationships between public health organizations and child care programs.
[1993, c. 158, §2 (new).]
[1993, c. 158, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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