Maine Statute | Act | Code |Title 22. Health And Welfare| US Code - US Statute | Chapter 1673. Child Care Facilities (heading. Pl 2001, C. 645, @5 (rpr))

Title 22 - §8301-A. Licensure of child care facilities; certification of home day care providers

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8301-A. Licensure of child care facilities; certification of home day care providers

1. Definitions. [2001, c. 645, §6 (rp).]

1-A. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Child care center" means:

(1) A house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 13 or more children under 13 years of age; or

(2) Any location or locations operated as a single child care program or by a person or persons when there are more than 12 children being cared for.
[2001, c. 645, §6 (new).]

B. "Child care facility" means a child care center, small child care facility or nursery school. "Child care facility" does not include a facility operated by a home day care provider, a summer camp established solely for recreational and educational purposes or a formal public or private school in the nature of a kindergarten or elementary or secondary school approved by the Commissioner of Education in accordance with Title 20-A. [2001, c. 645, §6 (new).]

C. "Home day care provider" means a person who provides day care in that person's home on a regular basis, for consideration, for 3 to 12 children under 13 years of age who are not the children of the provider. [2001, c. 645, §6 (new).]

D. "Nursery school" means a house or other place in which a person or combination of persons maintains or otherwise carries out for consideration during the day a regular program that provides care for 3 or more children 33 months of age or older and under 8 years of age, provided that:

(1) No session conducted for the children is longer than 3 12 hours in length;

(2) No more than 2 sessions are conducted per day;

(3) Each child in attendance at the nursery school attends only one session per day; and

(4) No hot meal is served to the children.

"Nursery school" does not include any facility operated as a child care center or small child care facility licensed under subsection 2, a summer camp established solely for recreational and educational purposes or a public or private school in the nature of a kindergarten approved by the Commissioner of Education, in accordance with Title 20-A. [2001, c. 645, §6 (new).]

E. "Small child care facility" means a house or other place, not the residence of the operator, in which a person or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 3 to 12 children under 13 years of age. [2001, c. 645, §6 (new).]

[2001, c. 645, §6 (new).]

2. Child care facility licensure. The owner or operator of a child care facility shall pay the licensing fee required under section 8303-A. A child care facility must be licensed under this chapter and must comply with the rules adopted by the commissioner under section 8302-A and the fire safety requirements of section 8304-A. Except as otherwise provided, a nursery school must meet the requirements of this chapter and chapter 1675. [2001, c. 645, §6 (amd).]

3. Home day care provider certification. A home day care provider shall pay the certification fee required under section 8303-A. A home day care provider must be certified under this chapter and shall comply with the rules adopted by the commissioner under section 8302-A and the fire safety requirements of section 8304-A. [1997, c. 494, §8 (new); §15 (aff).]

4. Complaints. Upon receipt of a complaint about a licensed child care facility or a certified home day care provider and if the department has reasonable cause to suspect that a violation of the licensure or certification requirements has occurred, the department may investigate the complaint and enter the premises at any reasonable time for the purposes of the investigation. [2001, c. 645, §6 (amd).]

5. Administrative suspension. Whenever conditions exist that immediately jeopardize the health and safety of children, the commissioner may issue an order of closure, which suspends the certification of the home day care provider or the child care facility license for up to 10 days, pending further investigation or prior to obtaining an order of emergency suspension from the court. The department shall require that an order of closure be posted at the facility and made public as it determines to be most appropriate for parents and other potential customers. [2001, c. 645, §6 (amd).]

6. Temporary license. Whenever a certified home day care provider or licensed child care facility moves to a new location the department may issue a temporary certificate or license, valid pending final action on the application for the new location by the department, when:

A. All applicable standards have been met except a requirement that is dependent on the action of an agency of State Government or a contractor of that agency; and [2001, c. 645, §6 (amd).]

B. Through no action by the applicant that causes a significant delay, timely issuance of a provisional or full license has been delayed by the agency or contractor. [1999, c. 363, §5 (new).]

[2001, c. 645, §6 (amd).]

7. Injunctive relief. The department may seek an injunction to require compliance with the provisions of this section or rules adopted pursuant to this section. [1999, c. 363, §5 (new).]

8. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II-A. [1999, c. 363, §5 (new).]

9. Exemption from certain requirements for accredited Montessori schools. Notwithstanding any provision of this chapter or rules adopted pursuant to this chapter, a child care facility that is accredited as a Montessori school by a national or international accreditation organization may apply to the commissioner for an exemption from those requirements of this chapter or rules adopted pursuant to this chapter that conflict with the recognized tenets of the Montessori philosophy. The commissioner shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 224, §1 (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 - §8301. Definition of day care facility (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8301. Definition of day care facility (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 - §8302-A. Rules for child care facilities and home day care providers

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8302-A. Rules for child care facilities and home day care providers

The commissioner shall adopt rules for child care facilities and home day care providers according to this section. Nursery schools are subject to the requirements of chapter 1675 and this section, except that subsection 1, paragraph F does not apply to nursery schools. [2001, c. 645, §7 (amd).]

1. Rules for child care facilities. Rules for child care facilities must include, but are not limited to, rules pertaining to the following:

A. Child to staff ratios; [1997, c. 494, §10 (new); §15 (aff).]

B. The health and safety of the children and staff, including training on communicable diseases; [1997, c. 494, §10 (new); §15 (aff).]

C. Water for drinking and cooking; [1997, c. 494, §10 (new); §15 (aff).]

D. Wastewater; [1997, c. 494, §10 (new); §15 (aff).]

E. Rabies vaccinations for pets; [1997, c. 494, §10 (new); §15 (aff).]

F. The quality of the program provided; [1997, c. 494, §10 (new); §15 (aff).]

G. The age, criminal record and personal history of the provider of care for children and staff members; [2001, c. 645, §7 (amd).]

H. The administration of medication; and [1997, c. 494, §10 (new); §15 (aff).]

I. Licensing procedures. [1997, c. 494, §10 (new); §15 (aff).]

Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [2001, c. 645, §7 (amd).]

2. Rules for home day care providers. Rules for home day care providers must include, and are limited to, rules pertaining to the following:

A. Cardiopulmonary resuscitation; [1997, c. 494, §10 (new); §15 (aff).]

B. Water for drinking and cooking; [1997, c. 494, §10 (new); §15 (aff).]

C. Wastewater; [1997, c. 494, §10 (new); §15 (aff).]

D. Rabies vaccinations for pets; [1997, c. 494, §10 (new); §15 (aff).]

E. Recording the times, reasons and numbers of children involved when more than 12 children are cared for; [1997, c. 494, §10 (new); §15 (aff).]

F. Ongoing training for providers on health and safety issues, including training on communicable diseases. This training must be offered at times that are convenient to the providers; [1997, c. 494, §10 (new); §15 (aff).]

G. Child to staff ratios; [1997, c. 494, §10 (new); §15 (aff).]

H. Health and safety of the children and staff; [1997, c. 494, §10 (new); §15 (aff).]

I. Procedures for waivers of rules and for suspension and revocation of certification; and [1997, c. 494, §10 (new); §15 (aff).]

J. The age, criminal record and personal history of the home day care provider, staff and members of the household. [1997, c. 494, §10 (new); §15 (aff).]

Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A and rules adopted pursuant to paragraphs G to J are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A. [RR 1997, c. 1, §21 (cor).]

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 - §8302-B. Providers subject to standards

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8302-B. Providers subject to standards

A person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds is not required to be certified as a home day care provider pursuant to section 8301-A but is subject to the provisions of this section. [1997, c. 494, §11 (new); §15 (aff).]

1. Investigation. The provider must pass a background investigation check by the State Bureau of Investigation, a check for involvement with child protective services and a motor vehicle record check. [1997, c. 494, §11 (new); §15 (aff).]

2. Information provided by department. The department shall supply providers with information on the following topics:

A. Health and safety, including the control of communicable disease, and immunization requirements; [1997, c. 494, §11 (new); §15 (aff).]

B. Physical premises safety; and [1997, c. 494, §11 (new); §15 (aff).]

C. Training opportunities in health and safety, first aid and cardiopulmonary resuscitation and early care and education. [1997, c. 494, §11 (new); §15 (aff).]

[1997, c. 494, §11 (new); §15 (aff).]

3. Authority to inspect. The department has the authority to inspect the premises of the person providing the care. [1997, c. 494, §11 (new); §15 (aff).]

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 - §8302. Rules (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8302. Rules (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 - §8303-A. Fee for licenses

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8303-A. Fee for licenses

By January 1, 1998, the department shall adopt rules to establish reasonable fees for both initial licensure or certification and license or certification renewals for day care centers, nursery schools and certified home day care providers. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A. [1997, c. 494, §12 (amd); §15 (aff).]
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 - §8303. Fee for licenses (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8303. Fee for licenses (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 - §8304-A. Fire safety

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8304-A. Fire safety

1. Inspection required. As an ongoing condition of licensure or certification, the Commissioner of Public Safety must provide at least biennially to the department a written statement that the child care facility or certified home day care provider complies with applicable fire safety rules adopted pursuant to Title 25, section 2452. The Commissioner of Public Safety shall adopt rules in accordance with the Maine Administrative Procedure Act to implement this subsection. The rules must provide for at least the following.

A. The Commissioner of Public Safety shall issue a fire safety technician certificate to any person who successfully completes a training course established by the Department of Public Safety. A person who receives a fire safety technician certificate pursuant to this paragraph may perform fire safety inspections under this section. [1997, c. 728, §13 (amd).]

B. In addition to ongoing license or certification requirements, inspection and certification are required under this section whenever a child care facility or certified home day care provider changes or augments a heating system or makes major structural alterations to the facility or home. [2001, c. 645, §8 (amd).]

[2001, c. 645, §8 (amd).]

2. Fees. The department shall establish and pay reasonable fees to the Department of Public Safety for services rendered under this section. Fees collected by the Department of Public Safety under this section must be deposited into a special revenue account to carry out the purposes of this section. A balance remaining in the account at the end of the fiscal year may not lapse but must be carried forward into subsequent fiscal years. [1997, c. 728, §13 (amd).]

3. Inspectors. The Commissioner of Public Safety may appoint subject to the Civil Service Law employees needed to carry out the purposes of this section. A person appointed pursuant to this subsection is under the administrative and supervisory direction of the Commissioner of Public Safety. [1997, c. 728, §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 - §8304. Fire safety (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8304. Fire safety (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 - §8305. Home baby-sitting service (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8305. Home baby-sitting service (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 - §8306. Information brochure

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8306. Information brochure

The department shall distribute a brochure to each home day care provider and home baby-sitting service provider, which clearly outlines the differences between home day care and home baby-sitting services. Each provider shall distribute a copy of this brochure to any applicant for home day care or home baby-sitting services before those services may be provided. [1985, c. 358, § 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 - §8307. State employee child care programs

Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1673: CHILD CARE FACILITIES (HEADING: PL 2001, c. 645, @5 (rpr))

§8307. State employee child care programs

The Office of Child Care Coordination annually shall evaluate the status of state financed or operated child care facilities and programs which are operated primarily as a service for children of state employees, and shall set forth plans for the development of additional facilities. For the purpose of this section, "state employee" includes employees subject to the civil service law, employees defined in Title 5, chapter 71, and legislative employees. [1987, c. 741, §4 (new).]

1. Evaluation and report. The Office of Child Care Coordination shall report its findings and recommendations annually to the joint standing committee of the Legislature having jurisdiction over human resources no later than the 3rd Wednesday in January of each first regular session of the Legislature. This report, at a minimum, shall include the following:

A. The number and location of child care sites operated or planned for operation primarily for children of state employees; [1987, c. 741, §4 (new).]

B. The number and ages of children at each site; [1987, c. 741, §4 (new).]

C. The number and ages of children of state employees on waiting lists for admittance to the programs; [1987, c. 741, §4 (new).]

D. The types of activities and programs provided to the children; [1987, c. 741, §4 (new).]

E. The budget for each site, including expenditures and income. Income shall be further described to include fees charged and income from other sources. Any deficits shall also be described; [1987, c. 741, §4 (new).]

F. Assistance provided for children of low-income state employee households, including sliding scale fees and any other assistance. The number of children for whom this assistance is being provided shall also be included; [1987, c. 741, §4 (new).]

G. Any problems encountered in the operation of the child care facilities and programs and the reasons for these problems; [1987, c. 741, §4 (new).]

H. The successes that have been realized as a result of this service to state employees, including state employee successes relating directly to the program; [1987, c. 741, §4 (new).]

I. The hours of operation of each facility; and [1987, c. 741, §4 (new).]

J. Any other information deemed relevant and useful by the Office of Child Care Coordination. [1987, c. 741, §4 (new).]

[1987, c. 741, §4 (new).]

2. Feasibility study of other child care facilities and programs. Prior to the creation of new or additional state financed or operated child care facilities provided primarily for the benefit of state employees, except the initial facility to be located in the Augusta area, the Office of Child Care Coordination, in cooperation with the Bureau of Public Improvements, shall conduct a feasibility study of the proposed child care facility which shall be located in a state-owned facility or in a facility located conveniently near the workplaces of state employees. This feasibility study, at a minimum, shall include:

A. The location of the site and the reasons justifying the location, including reasons justifying or not justifying using state-owned facilities; [1987, c. 741, §4 (new).]

B. An analysis of the benefits and liabilities of contracting with the private sector to provide child care programs under this section; [1987, c. 741, §4 (new).]

C. An analysis of the benefits and liabilities of State Government operation of child care programs and facilities for children of state employees; [1987, c. 741, §4 (new).]

D. The number and ages of children proposed for the site; [1987, c. 741, §4 (new).]

E. The type of assistance to be made available to children of state employees classified as low-income households; [1987, c. 741, §4 (new).]

F. The types of activities and programs to be provided, including preschool and after school programs; [1987, c. 741, §4 (new).]

G. A time schedule for the commencement of programs at each facility; [1987, c. 741, §4 (new).]

H. Sources of income, including fees, if any, for funding each facility; and [1987, c. 741, §4 (new).]

I. Any other information deemed important by the Office of Child Care Coordination and the Bureau of Public Improvements. [1987, c. 741, §4 (new).]

The report required by this subsection shall be provided to the joint standing committee of the Legislature having jurisdiction over human resources in a timely manner preceeding the selection of the site. [1987, c. 741, §4 (new).]

3. Priorities; rulemaking. Any child care facility and programs operated primarily as a service to state employees shall give priority to children of low-income state employee households. Any facilities and programs offered under this section shall also be conveniently located for the use of state employees. The Office of Child Care Coordination shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, with respect to:

A. Priorities of eligibility for the program; [1987, c. 741, §4 (new).]

B. The number of children that each state employee may enroll; [1987, c. 741, §4 (new).]

C. A sliding scale of fees for state employee households of different incomes; and [1987, c. 741, §4 (new).]

D. A definition of low income. [1987, c. 741, §4 (new).]

[1987, c. 741, §4 (new).]

4. Collective bargaining. It is not the intent of the Legislature in this section to limit or restrict the rights of state employees to bargain collectively as provided in Title 26. Nothing in this section may invalidate or supersede the provisions of a collective bargaining agreement between an employee organization and the State. [1987, c. 741, §4 (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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