Section 148-16 and 15-9 - LICENSING REQUIREMENTS FOR FAMILY FOSTER HOMES FOR CHILDRENA.QUALIFICATIONS OF THE FOSTER PARENTS1 Foster parents must be at least 21 years of age.2 The members of the foster family having responsibility for caring for the foster children shall be emotionally stable, mature and law abiding individuals, able to exercise good judgment in meeting the needs of a child and shall not engage in practices detrimental to the welfare of children.3 Members of the household responsible for foster children will have successfully resolved any serious conflicts/experiences in their past, including but not limited to, substance abuse, family violence, sexual abuse, relationship difficulties and other personal issues which could negatively impact a child. Members of the household or persons frequenting the foster home or the foster home property shall not engage in practices detrimental to the welfare of children.4 The relationships within the foster family should be generally positive and adequately meet the social, emotional, and developmental needs of each family member through a combination of family and community relationships and activities and acceptance of diversity.5 Members of the household responsible for foster children will have the capacity to understand and meet the developmental and individual needs of children and the flexibility to treat a child in a manner consistent with those needs, as determined by the Department.6 The applicant or licensee shall bring to the attention of the Department licensing worker within 3 business days the following information regarding themselves or persons residing in or frequenting the foster home or the foster home property: a. Arrests, indictments, and/or convictions for sexual or violent crimes involving adults or activities which could have resulted in convictions for such crimes if prosecuted;b. Arrests, indictments, and/or convictions involving children or activities which could have resulted in convictions for such crimes if prosecuted;c. Arrests, indictments, and/or convictions for operating under the influence or for any other activity which involves substance abuse;d. Admission to a mental health or substance abuse treatment facility and involvement in mental health or substance abuse counseling;e. Any serious physical problems that have required admission to a hospital or other in-patient facility;f. Whether or not Child Protective Services or the Out-of-Home Abuse and Neglect Investigations Unit has ever investigated the family situation for allegations of child abuse or neglect either when the person was a child or since he or she has become an adult;g. Any suspensions, revocations, conditions, fines or denials of or against any license or certificate that is or has been held by the applicant.h. Whether or not there was any investigation while licensed, registered, certified, or approved to provide child/adult care;i. The removal of children from their care or custody;j. Any denial of approval to adopt;k. Any other information regarding their circumstances or treatment of children which is relevant to the Department's decision to issue a license. If such information as described above exists, the family foster home applicant or licensee shall furnish the Department with written releases permitting the Department to obtain any other information regarding the above from appropriate officials or persons to determine whether there is a threat to the health, safety and welfare of children.
In deciding what action to take regarding a license under the foregoing circumstances, the Department shall determine if sufficient evidence has been presented by the applicant or licensee to indicate that the problems which resulted in any of the above have been adequately resolved so that the applicant or licensee is in compliance with 9 (A) (3) of these rules and with any other applicable rules.
7 The Department shall not grant a license to person(s) convicted of a felony involving: child abuse or neglect, spousal abuse, a crime against a child or children (including child pornography) or a crime involving violence, including rape, sexual assault or homicide.8 The Department shall not grant a license to a person(s) convicted within the last five years of a felony involving: physical assault, battery or a drug related offense.9 An application may be denied if the applicant(s) have an open Child Protective Services Case or a closed substantiated and/or indicated Child Protective Services case. An open Child Protective Services Case includes a pending disposition of an open report, a case open for assessment or a case open for services. 10 The foster family shall support the foster child maintaining connections with his/her family members, including the child's parent(s), grandparents and siblings, and shall cooperate with visitation arrangements in accordance with the case plan developed by the Department and/or placing agency. Foster families with Indian child(ren) must be able to accept visitation arrangements with the child's parent(s), grandparents and siblings. At no time shall a foster parent use restriction of visitation privileges as a form of discipline or punishment.11 Foster parents shall cooperate with and participate in any plan developed by the Department or other placing agent for the foster child.12 Foster parents shall participate in any counseling and treatment necessary to meet the needs of the child and participate in consultation with therapists, physicians, social workers and educators as necessary to meet the needs of the child in accordance with the case plan developed by the Department and/or placing agency.13 The foster family shall not care for adult boarders or roomers, or operate under any other license to provide child care. Exceptions to this rule would include, but not be limited to, allowing the foster family's former foster child to continue residing in the home as an adult or allowing the former foster child to return at a later date to live in the home. Exceptions to this rule must receive prior approval from the Foster Care Licensing Supervisor.
14 Whenever the foster parents are absent from the home, they shall designate responsible individuals to supervise.15 Foster parents shall treat all children in the home in a fair and equitable manner.16 The foster family shall have an ongoing, predictable income to assure that the home is maintained in conformity with the requirements of these regulations.1 Foster parents shall keep information about a foster child's previous history and family members confidential and provide such information only to therapists, physicians, social workers and educators or others as directed by the Department and/or placing agency to meet their responsibilities to the foster child.2 Applicants shall have completed an introductory training program for foster parents or its equivalent offered or approved by the Department of Health and Human Services prior to being licensed. Exceptions to the completion of an introductory training may be made when the foster parent(s) are applying for a license with the intent to care for a specific child and have an already established relationship with the child and where no other foster children will be living. Exceptions to this rule must receive prior approval from the Foster Care Licensing Supervisor.3 Foster parents shall participate in ongoing training of at least 18 hours for the licensee(s)' combined hours of training, with at least 6 of those hours completed by the secondary foster parent, if applicable, within the two-year licensing period. The training must be related to the needs of the children in foster care and approved by the licensing agency. At the time of initial and renewal licensure, the Foster Care Licensing Worker will provide the licensee(s) with a list of required training and of approved training options. Documentation of required training must be provided to the Foster Care Licensing Worker at the time of license renewal.B.NUMBER AND AGES OF CHILDREN IN CAREThe 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. The only exception which may be made to the number and ages of children is to allow siblings to be kept together. The exception is applicable only when adequate space is available in the foster home. In order to keep siblings together there must either be a sibling already placed in the home or a vacant slot available. Requests for exceptions to this limit must be approved by the Foster Care Licensing Supervisor.
C.SUPERVISION OF FOSTER CHILDRENFoster parents or designated individuals responsible in their absence must provide supervision and care meeting the needs of each foster child's age, level of development, independence and responsibility. Designated individuals must also comply with the child management rules.
D.CHILD MANAGEMENT1 Foster parents must be positive in their approach to discipline.a. Any discipline or control must be appropriate to the child's age and developmental level.b. Child misbehavior shall be viewed as an opportunity for a child to learn acceptable behavior rather than for the purpose of experiencing guilt and/or shame.2 In no instance shall a child be subjected to: a. Verbal abuse, derogatory remarks regarding himself/herself or members of their family, threats to expel the child from the foster home, or other forms of psychological abuse;b. Physical punishment, kneeling, shaking, spanking, or striking with an object or a blow with the hand;c. Severe, cruel, humiliating, or unnecessary punishment;d. Physical restraint except when necessary to protect the child from inflicting injury to themselves or others. Holding shall be the only means of restraint to assist a child who is physically out of control and shall be used to provide the child with an opportunity to regain his/her control; ore. Administration of any medications, including psychotropic medications, as a means of punishment or control.3 In no instance shall a foster child be subjected to:a. Deprivation of mail or family contacts except as approved by the Department for safety reasons;b. Deprivation of meals; orc. Punishment for actions over which a foster child has no control.4 Separation when used as discipline shall be brief and appropriate to the child's age, developmental level and the child should be within hearing distance of the foster parents in a safe, lighted, well ventilated, unlocked room.5 Discipline measures must be:a. Administered as soon after the problem behavior as possible;b. Reasonably related to the nature of the misbehavior and not excessive; andc. Carried out by foster parent(s) or the person responsible for the child if the foster parent is absent.E.SAFETY AND SANITATION1 No license to operate a foster 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. The fire safety inspection shall be done in compliance with Rule 2 ( P) of these Rules.2 Water used for drinking and cooking purposes must meet the standards of the Division of Health Engineering, Department of Health and Human Services, in compliance with Rule 2(Q) of these Rules.3 When it is necessary for the safety of children the foster parent(s) must store medication in a place inaccessible to children. The foster parent(s) shall dispense medication as prescribed.4 The premises must be kept in a state of cleanliness and maintained in a condition insuring health and safety. All corridors, exits, passageways, stairways and fire escapes must be kept clear for safe egress.5 When it is necessary for the safety of children all potentially harmful materials such as poisonous, toxic or flammable materials must be stored in locked storage areas or kept in a place inaccessible to children.6 Household materials, tools and equipment which may be dangerous to children shall be stored out of reach.7 Firearms including BB guns and air guns shall be unloaded and locked up to prevent unauthorized use. Ammunition and projectiles such as arrows, or other items which can be used to make a weapon operable, shall be locked separately. Weapons shall not be transported in any vehicle in which children are riding unless the weapons are made inoperable and inaccessible.8 Heating devices such as radiators, wood stoves, fireplaces and hot water pipes within the reach of children shall be screened or otherwise protected as deemed necessary for children being cared for in the home.9 Foster homes shall have indoor plumbing appropriate and adaptable to the needs of the foster children and accessible without passing through a designated sleeping area. The toilet and bath facilities must be in good repair, in sanitary condition, have doors and provide reasonable privacy.10 At least one window and all doors in each room shall be free of any plastic coverings.11 Animals that pose a safety or health risk to children may not be maintained on the premise.12 Foster parents who transport foster children in their own vehicles shall comply with all State of Maine laws governing motor vehicle operation, including current driver license, vehicle registration, inspection, insurance, and use of age-appropriate passenger restraint systems.F.SHELTER REQUIREMENTS1 The foster home shall have adequate heat, light, and ventilation for safe and comfortable occupancy.2 The foster home shall have adequate family living space in addition to bedrooms for the comfort of family members for meals and recreation.3 The foster home must have a telephone and answering machine or answering service.4 No lock or fastening to prevent free escape from the inside of any room used by children shall be permitted.5 Locks on the doors of all closets, bedrooms, and bathrooms shall be operable from both sides in an emergency.6 The dining area(s) shall have adequate space for eating. There shall be adequate and sanitary facilities and space for food storage.7 Bedrooms shall meet the following criteria: a. Each bedroom used by foster children shall contain at least 40 square feet of floor space per person except that a room for 1 child shall contain at least 60 square feet of floor space. All bedrooms must have an average ceiling height of at least 7 ft. There must be at least one outside window. This window must be operable or other means of ventilation shall be provided.b. Closets, alcoves, and corridors or any other room which is normally used for other than sleeping purposes must not be used as bedrooms.c. All bedrooms must have doors and provide reasonable privacy.d. A bedroom which is accessed by passing through another bedroom may be considered for use only if the occupants are of the same sex and both rooms are occupied by all children or all adults. One of the bedrooms must have a door which opens into a stairway, hallway or other living space, and must meet all other licensing requirements.8 No adult residing in the household shall share a bedroom with a child over one year of age. Exceptions to this rule must receive prior approval from the Foster Care Licensing Supervisor.9 No child over 5 years of age may sleep in the same room with a child of the opposite sex. 10 Each foster child must have a separate bed with adequate, clean bedding.11 Individual space must be provided for storing a foster child's clothing and other personal possessions.12 Foster parent(s) must sleep in the house near enough to care for and ensure for the safety of a foster child.13 Sleeping areas for foster children who have physical handicaps which limit mobility shall be on floors with a direct fire exit to the outside.14 Foster parents, caring for a child with a hearing impairment, shall provide an emergency communication system to warn such children of smoke or fire danger.15 All stairways shall be equipped with a railing.16 The foster home shall have adequate furniture in good repair, for all living areas.G.HEALTH REQUIREMENTS1 Foster parents shall assure that foster children receive preventive and ongoing medical, dental and psychological care in accordance with the directives from the physician, Department and/or the child placing agency or the person legally responsible for the child.2 The foster parents shall request a medical history at the time of placement for each foster child, including details of any chronic illness or any condition requiring ongoing treatment.3 Foster parents shall have on file a medical consent form for each privately boarded foster child, signed and dated by the private placement agency, or the child's parent or guardian.4 Foster parents shall maintain a health record for each foster child. This shall include the foster child's medical history, examinations, medical and dental treatments, prescribed drugs and immunization records. This record shall accompany the child if he or she moves from the home.5 No prescription medication shall be administered to a foster child without orders from a licensed physician. Medication for foster children shall be dispensed in accordance with the physician's instructions. Foster parent(s) administering psychotropic medication must have received instructions regarding the administering and the possible side effects in writing from either the prescribing physician or the pharmacist. Prescription medication must be kept in the original container labeled with the child's name, date, instructions, and physician's name.6 Provision for emergency transportation to a medical facility must be available.H.FOOD REQUIREMENTS1 The foster family shall provide food of sufficient quality and quantity to meet the nutritional, medical, and psychological requirements of foster children. The diet shall be planned, well balanced and shall include special diets and formulas as required by a physician.2 Food provided for foster children shall not be different than what is provided for other members of the foster family unless medically required or unless: a. A child wishes a vegetarian diet,b. A child wishes a non-vegetarian diet,c. The foster parent(s) is/are on an alternative diet, ord. A child requests a different diet due to their religion.I.CLOTHING REQUIREMENTS1 Each foster child shall have individually selected and properly fitting clothing and footwear. Clothing and footwear must be kept in good condition and of such quality and appearance as not to distinguish the child from other children in the foster home and the community.2 Foster parents shall be responsible for insuring that foster children's personal belongings including money and clothing go with them when they leave the home.3 Foster children shall be provided individual personal hygiene items and be taught personal hygiene.J.RECREATION AND SOCIAL ACTIVITIES1 Foster parents shall provide opportunities for foster children to participate in social and recreational activities.2 Safe outdoor and indoor recreational materials and opportunities shall be provided in sufficient variety and quantity to provide a choice of activities depending on the abilities and ages of foster children.3 Foster parents or a designated person shall provide adequate physical barriers and supervision appropriate to each foster child's age and level of development.4 Use of snowmobiles, ATV's and other motorized equipment by foster children must be approved by the Department caseworker. Appropriate safety equipment must be worn at all times.K.EXPOSURE TO SECOND HAND TOBACCO SMOKEFoster parents shall protect foster children from exposure to second hand tobacco smoke:
1 Smoking is prohibited in a foster home when a foster child is in placement.2 When a foster child is absent from the foster home, smoking is prohibited within 12 hours prior to their expected return.3 Smoking is prohibited in a foster home when a foster child is placed in a foster home providing respite care and within 12 hours prior to a child's expected respite placement.4 Smoking is prohibited in a foster parents' motor vehicle within 12 hours prior to transporting a foster child and whenever the foster child is present in the vehicle. "Smoking" includes carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off tobacco smoke.
10-148 C.M.R. ch. 16 and 15, § 9