10- 144 C.M.R. ch. 33, § 5

Current through 2024-51, December 18, 2024

Section 144-33-5 - RECORDS

A.Record retention. All child, personnel and licensee records must be kept on-site. All child records must be retained for a minimum of two years after discharge. Licensees must be able to locate and have access to child records during business hours. All personnel records must be retained for a minimum of two years after termination.

B.Falsification of records. Falsification of records is a Class D crime under 17-A M.R.S. §453 and may result in action by the Department.

C.Child records. Licensees must keep records for all children served. Child records shall be confidential, but made available for inspection by the Department for licensing and investigative purposes. Child records may also be released upon written authorization by a child's parent, except as otherwise specified by 22 M.R.S. §7703. Child records must include:

1. The child's name, birth date, street address and mailing address;

2. The name, street address, mailing address and telephone number of the child's parents;

3. Places of employment, telephone number, and street address of the child's parents' employers;

4. The method of contacting the parents while the child is in care;

5. The name, street address and telephone number of an emergency contact other than the parents, for use in the event of an emergency, if the parents cannot be reached;

6. Dates of enrollment and termination;

7. Immunization records;

8. The names, addresses and telephone numbers of the child's physician;

9. Written authorization to obtain emergency medical care for the child;

10. A record of all serious injuries and reportable incidents sustained by the child while in care as defined in 22 M.R.S. §7701(5), recorded on the same day of the injury and including the date and time of the notification of a parent, signed by the parent within 48 hours of the incident in accordance with 22 M.R.S. §7702(2);

11. A record that the provider has shared the following information with the child's parent at the time of admission:

a. Child guidance practices;

b. Expulsion and suspension practices;

c. Management of child illness;

d. Emergency preparedness for natural disasters and human-caused events, including but not limited to, fire drills;

e. Release of children to non-custodial caregivers;

f. Mandated reporting; and

g. Serious injury and child death reporting.

12. The names of individuals who are permitted by the parents to remove the child from the premises;

13. Notation of any known significant changes in the child's appearance, hygiene, health or behavior including, but not limited to, aggression, withdrawal, sexual acting out and prolonged tantrums;

14. The child's known allergies and other health conditions, including any related health plans;

15. Written permission or denial for use or distribution of images or personal information of the child on any publications, social media or promotional materials;

16. A complete record if suspected child abuse or neglect is reported to the Department's child protective intake;

17. Any professional developmental assessments of the child provided by the parent, if available;

18. Any relevant documentation of medical necessity (for example, sleeping in a non-horizontal position or avoiding the use of sunscreen), if applicable; and

19. Written permission from the child's parents before allowing the child to participate in any high-risk activity. The permission must describe all types of high-risk activities provided and the authorization must be updated at least annually and must list the child's name, type of activity, location of activity, parent's signature and date. High-risk activities include but are not limited to swimming, horseback riding and using a trampoline.

20. If any information is missing from the child's record, licensees must include a written explanation in the child's record that states why the information is missing.

D.Personnel records. The licensee must keep a personnel record for every provider who has access to children in the care of the licensee. Personnel records must include:

1. The name, street and mailing address, birth date and telephone number of the individual;

2. Documentation of training, as required by this rule;

3. Dates of employment and termination of employees. Documentation regarding the reasons for termination must be kept in the personnel record for at least one year;

4. A comprehensive background check report initiated prior to the date of hire; and

5. Documentation of any disciplinary action.

E.Provider records. The licensee must keep:

1. Records of hours worked by providers, including the arrival and departure time for each provider;

2. A daily attendance list that includes all children served, including the arrival and departure time(s) for each child; and

3. A record of fire drills, available for inspection by the Maine Department of Public Safety, Office of the State Fire Marshal and local fire inspectors.

F.Confidentiality. Confidential information may not be released without a court order or a written release from the parent of the child about whom the confidential information has been requested in accordance with 22 M.R.S. §§7703(3) and (4). All personnel records shall be provided to the Department upon request. The following information is confidential, when it identifies a person directly or indirectly:

1. Child records, daily attendance lists, and all other information about children in care or formerly in care; and

2. All personnel records.

10- 144 C.M.R. ch. 33, § 5