STATE OF MAINE CHILD CARE FACILITY LICENSING RULE …

1 STATE OF MAINE CHILD CARE FACILITY LICENSING RULE CHILD CARE CENTERS, NURSERY SCHOOLS, SMALL CHILD CARE FACILITIES, OTHER PROGRAMS 10-148 CODE OF MAINE RULES CHAPTER 32 MAINE Department of Health and Human Services Office of CHILD and Family Services 11 STATE House Station Augusta, MAINE 04333-0111 Effective Date: September 27, 2021 i Table of Contents 1. STATEMENT OF PURPOSE AND DEFINITIONS 1 A. Statement of purpose 1 B. Definitions 1 2. LICENSING REQUIREMENTS AND PROCEDURES 8 A.

2 LICENSING 8 B. Qualifications of the applicant and director 9 C. Application 10 D. Comprehensive background check 11 E. Type and term of a license 11 F. Administration 12 G. Change in license 17 H. Waiver 17 3. FEES 18 A. Fees 18 B. Fees for facilities serving 3-12 Children 18 C. Fees for facilities serving 13 or more Children 18 D.

3 Fee for Nursery Schools 18 4. INSPECTIONS AND INVESTIGATIONS 19 A. Inspections 19 B. Right of entry 19 C. Elements of an inspection 19 D. Inspection report 20 E. Directed Plan of Action 20 F. Investigations 20 5. RECORD MANAGEMENT AND RETENTION 21 A. Record management 21 B. Falsification of records 21 C. Inspection of records 21 D.

4 CHILD records 21 E. Personnel records. A personnel record must be kept for all CHILD Care Staff Members 23 6. REPORTING REQUIREMENTS 25 A. CHILD care changes 25 B. Mandatory report of suspected CHILD abuse and/or neglect 25 C. Reporting adverse drinking water results to the Department 25 D. Reporting wastewater failure 25 E. Reporting legal actions 25 F. Other notifications 26 7. STAFF- CHILD RATIOS, SUPERVISION, AND QUALIFICATIONS 28 A.

5 Children under 6 weeks of age 28 B. Children of CHILD Care Staff Members 28 C. Staff- CHILD ratios 28 ii D. Supervision 29 E. Crisis plan 30 F. Personnel qualifications 30 8. TRAINING 33 A. CHILD Care FACILITY responsibility 33 B. Orientation training 33 C. Ongoing training 33 D. Documentation of training 34 9. CHILD GUIDANCE 35 A.

6 Positive methods of CHILD guidance 35 B. Consistent and reasonable application of program rules 35 C. Constructive methods of guidance 35 D. Detrimental practices 35 10. RIGHTS OF CHILDREN AND PARENTS 37 A. Rights of Children 37 B. Rights of parents and legal guardians of Children receiving CHILD care from CHILD Care Facilities 37 11. REPORTING CHILD ABUSE AND NEGLECT 38 A. Requirement to report CHILD abuse or neglect 38 B.

7 CHILD Care FACILITY requirement to inform 38 C. Written instruction provided 38 D. Hotline number posted 38 12. HEALTH AND MEDICAL 39 A. Immunization 39 B. Evaluation requirements 39 C. Health care consultation 40 D. Health monitoring 40 E. Dismissal of Children due to illness 41 F. Illness, serious injury, incidents, and accidents 41 G. First aid 41 H.

8 Medication administration 41 I. Handwashing 42 J. Prevention of exposure to blood and bodily fluids 42 K. Emergency procedures 42 13. DRINKING AND WASTE WATER 43 A. Drinking water 43 B. Ongoing annual water tests for CHILD Care Facilities with wells 43 C. Five-year water tests for facilities with wells .. 43 D. Bottled water agreements 43 E. Non-transient, non-community water systems 43 F.

9 Water and sewer 44 14. ENVIRONMENT AND SAFETY 45 A. General condition of the building and surrounding premises 45 B. Outdoor playtime and rest required 46 iii C. Satisfactory lead levels 46 D. Carbon monoxide 47 E. Building temperature 47 F. Lighting and ventilation 47 G. Minimum usable space 47 H. Outdoor play areas 48 I. Weapons 49 J.

10 Materials, Toys, Equipment, and activities 49 K. Furnishings 50 L. Cribs, cots, and bedding 50 M. Toilet facilities 51 N. Diapering/Toileting 52 O. Pets 52 P. Fire evacuation drills 53 Q. Emergency preparedness plan 53 15. SWIMMING AND WADING 54 A. Policies regarding water activities and safety procedures 54 B. Parental permission 54 C.