Section 148-16 and 15-2 - LICENSING PROCEDURESA. Any person who makes application for a license to operate a family foster home for children under l8 years of age, including family foster care for Indian children, and who has been determined to be in compliance with applicable licensing requirements may receive a license from the Department. There is no charge for this license.B. An applicant for a license to operate a family foster home for children under 18 years of age must reside in Maine and intend to reside in Maine for the period required for completion of the licensing/approval process.C. Application for a license shall be made to the Department on a form provided by the Department. Any misrepresentation, falsification or omission on the application or during the application process may be a basis for denial.D. Following the receipt of a complete application the Department will evaluate the adequacy of care planned or provided for foster children and the adequacy of the physical plant in accordance with the applicable laws and regulations adopted by the Department and a decision will be made by the Department to grant or deny a license.E. At the time of application the applicant will sign a consent allowing a licensed medical personnel approved by the Department to provide a medical statement on a form provided by the Department. No person shall be required to submit to an examination if he or she states in writing that it is contrary to his or her religious teachings and practice unless there is probable cause to suspect that he or she manifests the symptoms of communicable or contagious disease or illness that may affect the quality of child care provided.F. When the Department has reasonable cause to believe that the applicant, licensee, or person(s) residing in the foster parent(s) household may have a physical, mental health or substance abuse problem which would have a detrimental impact on the care of children, the Department may request the applicant or licensee to provide the Department with a report from an approved physician, a licensed mental health clinician, or a Licensed Substance Abuse Counselor of an assessment of the impact or the effect of the condition(s)/issue(s) and the treatment and level of functioning of the individual. No person shall be required to submit to an examination/evaluation if he or she states in writing that it is contrary to his or her religious teachings and practice.G. At the time of initial application, completed references including complete contact information, shall be required from three persons who are acquainted with but not related to the applicant(s). Exceptions may be requested to use a relative as a reference but must receive prior approval from the Licensing Unit Supervisor of the Department.H. At the time of initial application, the applicant(s) shall undergo fingerprinting in order to allow the Department to submit required fingerprint-based checks of national crime information databases.I. At the time of initial or renewal application, the applicant shall submit releases signed by each adult member of the household and at the discretion of the Department shall submit releases signed by any person who frequents the home who may have unsupervised access to the foster children permitting the Department to request criminal history records from the Department(s) of Public Safety, State Police, Bureau of Identification; or other law enforcement agencies from any past or present residence including out of state law enforcement agencies.J. The applicant(s) may withdraw their application at any time during the application period upon notification to the Department.K. The maximum number of children to be placed in a family foster home shall be stated on the license. The license may be reissued for a larger or smaller number of children. In determining the maximum number, the Department shall consider such factors as: living space, safety issues, health, status and age of the children and the ability of the foster parents to adequately care for and supervise the children in the household. Foster parents shall not exceed the number of children for whom they are licensed with the following exception: in order to keep siblings together the foster parents may receive written approval from the Foster Care Licensing Worker or Foster Care Licensing Supervisor. In order to receive this exception there must be either a sibling already placed in the home or at least one licensed slot is vacant and adequate space is available in the foster home.L. Foster parents shall permit Department staff or guardian ad litems to enter their foster home at any reasonable time to (a) license or evaluate compliance with the rules and/or (b) privately talk with and observe the foster child(ren) in the home.M. Licenses are in effect at the address on the license. If the licensee moves to a new location, a new application must be submitted. The existing license will become void 30 days after the move, unless the Department licensing staff completes an evaluation of the new foster home to ensure compliance with licensing rules. The license is valid only at the primary residence of the foster parent.N. Applications for renewal of a license shall be made 60 days prior to the date of expiration in order that necessary licensing procedures may be completed to assure the continuity of the license. A re-evaluation of the family foster home will be conducted by Department licensing staff to ensure compliance with licensing rules.O. The licensee shall report any changes in the foster home to the licensing worker or licensing supervisor within five days.P. No license to operate a foster family home at any location can be issued until such home passes a satisfactory inspection for fire safety and fire protection. However, a temporary license may be issued pursuant to 3 (C) of these Rules. 1 Fire inspections shall be undertaken in a time frame in accordance with Title 22 M.R.S.A. §8103.2 All inspections shall be made under the provisions of Title 25, M.R.S.A. §§ 2360, 2391, 2392 and 2452. Such inspections are made by the State Fire Marshal's Office in the Department of Public Safety at the request of the Department.3 In the case of an unsatisfactory fire inspection, the applicant shall submit a plan of correction to the State Fire Marshal's Office within l0 days of receipt of the notice of deficiencies.Q. As part of the application or renewal process water used for drinking and cooking must be obtained from a satisfactory supply. Water must meet the standards of the Division of Health Engineering, Department of Health and Human Services. Water must be tested prior to licensure or renewal if it is not from a municipal water system.R. At the Department's discretion the applicant or licensee shall provide releases of information relevant to ensure compliance with licensing rules.S. In some instances, there are no common definitions as to degree of compliance with rules. When such instances occur, the determination of compliance or non-compliance with rules shall be made at the discretion of the Department.10-148 C.M.R. ch. 16 and 15, § 2