Section 148-17-9 - LICENSING REQUIREMENTS FOR FAMILY FOSTER HOMES PROVIDING ONLY RESPITE CARE FOR CHILDRENA. QUALIFICATIONS OF THE RESPITE CARE PROVIDERS 1. The respite care providers must be at least 18 years of age.2. The members of the respite family having significant responsibility for caring for respite care recipients shall be emotionally stable and mature, and able to exercise good judgment in the handling of a child and shall not engage in practices detrimental to the welfare of children.3. No other members of the household shall engage in practices detrimental to the welfare of children.4. The relationships of the members of the respite family to each other should be generally positive with each family member meeting his social, emotional, and developmental needs adequately through a combination of family and community relationships and activities.5. The applicant or licensee shall bring the following information regarding themselves or other persons residing in the home to the attention of the Department: a. Convictions for sexual or violent crimes involving adults or activities which could have resulted in convictions for such crimes if prosecuted; Conviction for any crimes involving children or activities which could have resulted in convictions for such crimes if prosecuted;
b. Convictions for operating under the influence or for any other activity which involves substance abuse;c. Admission to a mental health or substance abuse treatment facility and involvement in mental health or substance abuse counseling;d. Any serious physical problems that have required admission to a hospital or other in-patient facility;e. Whether or not Child Protective Services 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;f. Any prior conditional licenses, license suspensions, fines or revocations regarding child or adult care licenses or approval issued to the applicant;g. The removal of children from their care or custody; and 16.h. 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 respite family home applicant or licensee shall furnish the Department with written releases permitting the Department to obtain information regarding any of the above from appropriate officials or persons to determine whether there is a present 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 make a determination 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)(2) above and with any other applicable rules.
6. The respite family must accept the relationship of the respite care recipient with his/her own family members, including visitation arrangements in accordance with the care plan developed by the placing agency. Respite families with Indian child(ren) must be able to accept visitation arrangements with the child's parent(s), grandparents and siblings.7. The respite care provider shall cooperate and participate in implementing any plan developed by the child's parent or guardian or other placing agent for the respite care recipient.8. The respite family shall not care for adult boarders or roomers or operate under another license to provide child care. Exceptions to this rule must receive prior approval from the Director of the Division of Child and Family Services, of the Department, or his/her designee.9. Whenever the respite care providers are absent from the home, they must designate responsible adult individuals to supervise.10. The respite care provider(s) shall not discriminate against respite care recipients placed in their home on the basis of race, color or national origin.11. The respite family shall have an ongoing, predictable income to assure that the home is maintained in conformity with the requirements of these regulations.12. The respite care provider(s) shall keep information about a respite care recipient's previous history and own family members confidential, and provide such information only to therapists, physicians, social workers and educators or others as directed by the placing agency to meet the irresponsibilities to the respite care recipient or with written permission of the parent or legal custodian.13. Applicants shall have completed a pre-service training program for respite care providers offered or approved by the Department of Human Services, during the term of the temporary or provisional license, or have demonstrated competence by test, equivalent prior training or experience.14. Respite care providers shall participate in ongoing training of at least 3 hours of specialized training a year which is related to the type and age of children being cared for.15. Respite care providers shall maintain a register of all children placed in their home including dates of admission and discharge and to whom discharged and shall make this register available to the Department of Human Services.B. NUMBER AND AGES OF CHILDREN IN CARE 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. The only exception which may be made to the number and ages of children is to allow siblings to be kept together. Exceptions to this limit, in order to keep siblings together, must receive prior approval from the Director of the Division of Child and Family Services of the Department, or his/her designee.
C. SUPERViSION OF RESPITE CHILDREN The respite care provider(s) or designated adult individuals responsible in their absence, must provide supervision and care appropriate to each respite care recipient's age, level of development and ability to accept independence and responsibility.
D. CHILD MANAGEMENT 1. Respite care providers must be positive in their approach to discipline. Any discipline or control must be appropriate to the child's age and developmental level. The only form of physical discipline which may be used is a single mild spank on the clothed buttocks with the bare open hand; or a single mild slap on the hand to protect the child from harm, except that no form of physical discipline will be used with a mentally retarded child pursuant to: 34-B M.R.S.A. §5601 et seq.2. In no instance shall a child be subjected to:a. Verbal abuses derogatory remarks regarding himself or members of his family, threats to expel the child from the respite home or other forms of psychological abuse;b. Physical punishment, discipline by shaking, or striking with an object or a blow with the hand, except as provided in D.I., except that no form of physical discipline would be used with a mentally retarded child pursuant to: 34-B M.R.S.A. §5601 et seq.c. Severe, cruel, humiliating or unnecessary punishment;e. Deprivation of mail or family contacts except as approved, in writing, by the parent or legal custodian of the child;f. Physical restraint except when necessary to protect the child from inflicting injury to himself or another. Holding shall be the only means of restraining a child to assist the child who is out of control to gain control of his or her emotions;g. Administration of medications, including psychotropic medications, as a means of punishment or non therapeutic control.3. The respite care provider(s) method(s) of discipline for their own children must be consistent with 9(D)(1) and 9(D)(2) of these Rules.4. Separation when used as discipline shall be brief and appropriate to the child's age and circumstances, and the child shall be within hearing of an adult in a safe, lighted, well-ventilated, unlocked room and visually checked at least every 10 minutes.5. Disciplinary measures must be: a. Administered as soon after the offensive behavior as possible.b. Reasonably related to the nature of the offense and not excessive.c. Carried out by the adult person responsible for the care of the child and who witnessed or became aware of the misbehaviorE. SAFETY MD SANITATION 1. No license to operate a respite home at any location can be issued until such home passes a satisfactory inspection for fire safety and fire protection. The fire safety inspection shall be done in compliance with 2(P) of these Rules. A conditional license will be issued if the State Fire Marshal does find deficiencies but finds that there is a satisfactory plan of correction. The department may issue a temporary license only without a fire inspection provided that a preliminary evaluation of the home reveals no obvious fire safety violations.2. Water which is used for drinking and cooking purposes must meet the standards of the Division of Health Engineering, Department of Human Services, in compliance with 2(Q) of these Rules.3. When it is necessary for the safety of the respite care recipient, the respite care providers must store medication in a place inaccessible to the respite care recipient. The respite care provider shall dispense such medication as prescribed.4. The premises must be kept in a state of cleanliness and maintained in a condition insuring health and safety.5. When it is necessary for the safety of the respite care recipient, all potentially harmful materials such as poisonous, toxic or flammable materials must be stored in securely locked storage spaces or kept in a place inaccessible to the child.6. Household materials, tools and equipment which may be dangerous to children shall be stored out of the reach of respite care recipients when appropriate.7. Firearms shall be rendered inoperable and unloaded or shall be unloaded and locked up to prevent unauthorized use. Ammunition, projectiles such as arrows, or other items which can be used to make the 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. Toilet facilities must be in good repair and sanitary condition.9. Bath facilities must be provided.F. SHELTER REQUIREMENTS 1. The respite home shall have adequate heat, light and ventilation for safe and comfortable occupancy.2. The respite how shall have adequate family living space in addition to bedrooms for the comfort of family members, for family meals, and for recreation.3. The respite how must have a telephone and must make the number available to the custodian of the child being placed and to the child placing agency, if any.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 openable from both sides in an emergency.6. The dining area(s) shall have adequate space for eating. There shall be adequate facilities and space for family food storage which shall be in a sanitary condition.7. Bedrooms shall meet the following criteria: a. Each bedroom used by respite care recipients shall contain at least 40 square feet of floor space per person except that a room for a 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 openable 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.8. No adult shall regularly share a bedroom with a respite care recipient over one year of age unless necessary for the child's emotional or physical health except as approved, in writing, by the custodian of the child or placing agency.9. No child over 5 years of age may sleep in the same room with a child of the opposite sex.10. Each respite care recipient must have his or her own bed with adequate, clean bedding.11. Individual space must be-provided for storing a respite care recipient's clothing and other personal possessions.12. An adult must sleep in the house near enough to care for a respite care recipient's needs.13. Sleeping areas for respite care recipients who have physical handicaps which limit mobility shall be on floors with a direct fire exit to the outside.14. Respite care providers caring for hearing impaired children shall assure that an emergency communication system with visual as well as auditory alarms to warn of smoke or fire danger is in place.15. Stairs having an open side leading from one floor to another must have a handrail on the open side.G. HEALTH STANDARDS1. Respite care providers shall assure that the respite care recipient receives scheduled medical, dental and psychological care according to the directives of the Department or person legally responsible for the child.2. The Respite care provider(s) shall request current medical information for each respite care recipient, including details of any chronic illness or any condition requiring ongoing treatment.3. Respite care providers shall have on file a medical consent form for emergencies when the parent or legal guardian cannot be reached for each privately boarded respite care recipient, unless the child is in the custody of the Department of Human Services.4. Respite care provider(s) shall obtain and make available to the placement agency of the privately boarded child's parent or guardian reports of examinations, and other medical or dental treatment and drugs prescribed for each respite care recipient during respite cars.5. Provision for emergency transportation to a medical facility must be available.6. At the discretion of the Department, the applicant or licensee shall provide the Department with a physicians or psychologists' report regarding any person residing or employed in the respite care providers household which includes a diagnosis of any physical or mental conditions and their assessment of the impact of the effect of the conditions and its treatment on the functioning of the individual. This provision shall be done in compliance with Rule 2(D) of these Rules.H. FOOD REQUIREMENTS 1. The respite family shall provide food of sufficient quality and quantity to meet the nutritional medical and psychological requirements of the respite care recipients.2. The quantity and quality of food provided for respite care recipients shall not be less or of a different type than that provided for the members of the respite family unless medically required.I. CLOTHING REQUIREMENTS 1. Clothing and shoes must be kept clean and in good condition.2. Respite care providers shall be responsible for insuring that the respite care recipient's personal belongings including money and clothing go with the child when he/she leaves their home.3. Each respite care recipient shall have individual toilet articles. The respite care provider shall encourage good health habits and personal hygiene.10-148 C.M.R. ch. 17, § 9