10- 144 C.M.R. ch. 33, § 1

Current through 2024-51, December 18, 2024

Section 144-33-1 - PURPOSE AND DEFINITIONS

A.Purpose. The Family Child Care Provider Licensing Rule describes the minimum requirements established to protect the health and safety of Maine's children cared for by licensed family child care providers. This rule, promulgated in accordance with 22 M.R.S., Chapters 1661, 1663 and 1673, governs application and inspection procedures; routine health, sanitation and fire safety standards; provider qualifications, staff supervision and staffing ratios; and record keeping and reporting.

B.Definitions. Definitions in this rule supplement the definitions in applicable statutes. The definitions in applicable Maine statutes are not repeated in this rule.

1.Abuse or neglect means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, by a person responsible for the child.

2.Adult means an individual at least 18 years old.

3.Applicant means a person seeking a license to operate a family child care.

4.Child, for the purpose of this rule, means an individual over the age of six weeks and not yet 13 years old.

5.Conditional license means a license issued for a term not to exceed 12 months, which specifies when and what corrections the licensee must complete to achieve compliance with this rule. A conditional license may be issued by the Department, in accordance with 22 M.R.S. §7802.

6.Corporal punishment means physical actions harmful to a child's body, including, but not limited to, the following:

a. Slapping, striking, shaking, shoving, spanking, pinching, twisting, kicking, biting, ear pulling or ear twisting;

b. Forcing a child to taste or eat spicy, bitter or otherwise distasteful products for the purpose of discipline;

c. Spraying with water as a means of controlling behavior;

d. Placing tape over a child's mouth;

e. Mechanical restraints, such as tying a child to a chair;

f. Requiring or forcing a child to take an uncomfortable position such as: squatting, kneeling, standing and holding arms outstretched at sides or overhead, bending, or requiring or forcing a child to repeat physical movements; or

g. Other forms of aggressive contact harmful to a child's body.

7.Critical violation means that a requirement within this rule was not met by a provider and this violation may possibly result in serious injury to a child. A critical violation, if not corrected by the measures described in Section 20 of this rule, may result in an administrative fine of $250 per critical violation. Critical violations include failing to comply with Sections 2(A)(7), 2(D)(10), 5(B), 5(C)(7), 5(C)(9), 5(C)(14), 5(C)(18), 5(C)(19), 5(C)(20), 5(D)(4), 5(E)(3), 6(E), 7(A)(5), 7(B), 7(C), 7(D), 8(A)(1), 8(A)(3), 8(B), 10(B), 11(B), 12(B), 12(C), 12(E), 13(C), 13(D), 13(E)(1), 14(A)(4), 14(A)(7), 14(A)(9), 14(A)(10), 14(D)(1)(b), 14(E)(3)(b), 14(E)(6)(a), 14(F), 15(C)(2), 15(D), 15(E)(4), 16(A)(4), 16(B)(5), 17(B), 18(A)(1), 18(B)(6), 18(C)(3), 18(E)(1), 18(E)(3), 19(C), 19(D)(3), 19(E)(2) and 19(G)(5).

8.Department means the Maine Department of Health and Human Services.

9.Directed plan of action means an order issued by the Department when the licensee fails to complete or comply with the plan of action included in an inspection report. The directed plan of action is intended to ensure the licensee's compliance with this rule's licensing standards.

10.Infant means a child at least six weeks old, but younger than one year old.

11.Inspection means a site visit to the licensee's child care during which the Department determines compliance with this rule.

12.Inspection report means the written summary of all areas of compliance and non-compliance with this rule identified during an inspection, and the plan of action developed with the provider to correct any violations of this rule.

13.License means written permission by the Department, whether initial, renewal, temporary or conditional, that authorizes a person to be a family child care provider. For purposes of this rule license has the same meaning as the certification referred to in 22 MRS §8301-A.

14.Licensee means the person who has been issued a license by the Department to operate a family child care. A licensee means a "family child care provider" as defined at 22 M.R.S. §8301-A(1-A)(C).

15.Licensed capacity means the number of children in care for remuneration, and children of the provider under the age of three, allowed to be on the premises at any one time as specified on the license.

16.Natural body of water means an ocean, lake, pond, river, reservoir, quarry, spring, stream or wading area that may be used for recreational water activities.

17.Parent means a birth or adoptive father, mother, legal guardian or legal custodian who is legally authorized to act on behalf of a child.

18.Plan of action means a plan completed by the licensee and the Department which is written on an inspection report. This plan describes the licensee's procedures, methods and timelines to correct the violations of this rule that were identified by the Department during an inspection.

19.Premises means all parts of contiguous real estate, including, but not limited to, lands, private ways, and any buildings or structures, over which the provider occupies, or has direct or indirect control or interest, even though children may not be served in all parts of the contiguous real estate.

20.Preschool child means a child age three to five years old.

21.Provider or family child care provider means an individual providing care for children in a licensed family child care.

22.School-age child means a child who is at least five years old and under 13 years old.

23.Serious injury means:

a. An injury or illness which requires medical attention from a physician or other medical personnel, including, but not limited to, an emergency room visit and/or hospitalization, including those that are the result of an accident involving transportation to or from a facility sponsored event; or

b. Any illness which is a notifiable condition, as identified by the Department at https://www1.maine.gov/dhhs/mecdc/infectious-disease/epi/disease-reporting/documents/notifiable-list.pdf.

24.Substitute means an individual who takes the place of any regular provider who is absent.

25.Swimming pool means any water-filled container, basin, chamber, or tank located indoors or outdoors for swimming or recreational activity, and having a depth of more than 24 inches and a diameter wider than 48 inches at any point.

26.Toddler means a child one to three years old.

27.Toxic substance means any chemical or mixture that may be harmful to the environment and to human health if inhaled, swallowed, or absorbed through the skin.

28.Wading pool means a pool with a water level maintained at 24 inches or less that is no more than 48 inches in diameter.

29.Waiver means written permission from the Department to modify a provision of this rule. A waiver may not be issued by the Department if the rule requirement is mandated by statute.

10- 144 C.M.R. ch. 33, § 1