Section 148-16 and 15-1 - DEFINITIONSAs used in these rules the following definitions shall apply:
A. "Family Foster Home for Children" means a children's home that is a private dwelling, where substitute parental care is provided within a family on a regular, 24-hour a day, residential basis to children under 18 years of age. The total number of children in care may not exceed 6, including the family's legal children under 16 years of age, with no more than 2 of these children under the age of 2. In order to keep siblings together, this definition shall not prohibit the placement of more than the allowed number. The placement of a sibling group, which would exceed the six children permitted by law, is applicable when either a sibling is already placed in the home or at least one licensed slot is vacant and adequate space is available in the foster home. Indian tribes have the authority to license or approve foster families located on the reservation according to their own rules and regulations.B. "Blood relatives" shall mean mother, father, child, brother, sister, grandparents, uncles, aunts, nieces, nephews, first cousins, and any of the foregoing relatives by adoption. The definition for an Indian child's "extended family member" shall be in accordance with the Indian Child Welfare Act. The Act states that an extended family member shall be as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin or stepparent.
C. "Relatives by marriage" shall mean step-child, step-brother, step-mother, step-father, step-sister, and step-grandparents.D. "Department" shall mean the Department of Health and Human Services.E. "Foster child" shall mean a child under l8 years of age, who requires out of home care on a regular 24-hour a day, residential basis.F. "Indian child" shall mean an unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.G. "Foster parent" shall mean a person maintaining a family foster home for children.H. "Scheduled Drug" shall mean any scheduled drug, W, X, Y and Z pursuant to Title 17-A M.R.S.A. §1102. I. "Practices detrimental to the welfare of children" shall include but not be limited to: 1 Sexual acts or sexual contact with a child, sexually suggestive touching, verbal harassment or insinuations or exposure of a child to viewing such acts or practices.2 Acts or threats of violence within the family and/or community. Such acts or threats include verbal/physical abuse of another person.3 Using, trafficking in, or furnishing unauthorized scheduled drugs.4 Furnishing or allowing the use of alcohol or tobacco products to any children in their care.5 Patterns of intoxication within the foster home, the effects of which are experienced by a child.10-148 C.M.R. ch. 16 and 15, § 1