10-148-32 Me. Code R. § 6

Current through 2024-51, December 18, 2024

Section 148-32-6 - REPORTING REQUIREMENTS

A.Child care changes. Child Care Facilities must provide written notification to the Department of the following, within 24 hours of occurrence:

1. Extended or permanent closure and expected date of closure;

2. Any changes to the heating system, any structural alterations, or any plans to use existing space in the facility that have not been inspected and approved. This includes any physical or structural changes in the building(s) or on the grounds such as but not limited to remodeling, renovations, playground modifications, or installation of a swimming pool.

3. Any changes in phone numbers or email contact information.

B.Mandatory report of suspected Child abuse and/or neglect. Any Child Care Staff Member suspecting abuse and/or neglect must immediately report this information to Child Protective Intake, 1-800-452-1999, TTY 1-800-963-9490 which is staffed 24 hours a day, 7 days a week.

1. The Child Care Facility must maintain documentation, not maintained in the Child's record, that a report has been made.

2. All reporting of suspected Child abuse and/or neglect, and serious injuries of a Child who is under six months of age or otherwise non-ambulatory, must comply with 22 MRS §4011-A.

C.Reporting adverse drinking water results to the Department. For thoseChild Care Facilities required to test well water in accordance with Sections 13(A) through (C) of this rule, the Child Care Facility must report any unsatisfactory water quality levels to the Department within 24 hours of receiving the result. Unsatisfactory water quality results include any levels reported by the laboratory to exceed standards within 10-144 CMR Ch. 231, Rules Relating to Drinking Water, App. A.

D.Reporting wastewater failure. The Child Care Facility must notify the Department and the local plumbing inspector if the wastewater disposal system fails to operate properly.

E.Reporting legal actions. The Child Care Facility must report, in writing, to the Department any of the following legal proceedings brought against the Child Care Facility or any Child Care Staff Member employed by the Child Care Facility within 24 hours:

1. Any proceeding that arises out of circumstances related to the care of Children in the Child Care Facility; or

2. Any proceeding that could affect the continued operation of the Child Care Facility; or

3. Arrests, indictments or convictions for sexual or violent crimes involving Children or adults, or any illegal acts involving Children, whether prosecuted or not;

4. Any arrest, indictment or conviction for operating under the influence of intoxicants or with an excessive blood-alcohol level (OUI), or for any other activity involving substance abuse;

5. Investigation by Child Protective Services;

6. The removal of Children from the Child Care Facility Licensee's care or custody by court order;

7. Any protection from abuse order or any other order that makes a Finding of domestic abuse or family violence.

8. In addition to notifying the Department in writing about any of the above legal proceedings, the Child Care Facility must furnish the Department with written releases permitting the Department to obtain information regarding any of the above legal proceedings from any source.

9. Information that calls into question the suitability of any Child Care Staff Member's ability to care for Children, including:

i. Any condition related to physical health, mental health or substance abuse that would interfere with one's ability to perform one's duties safely;

ii. Any other information regarding the Child Care Facility's circumstances or treatment of Children, such as the serious injury or death of a Child in the Child Care Facility's care, to enable the Department to determine whether there is a present threat to the health, safety and welfare of Children.

10. If such information as described above exists, the Child Care Facility must 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.

F.Other Notifications. The Child Care Facility must notify the Department of the following within 24 hours of occurrence:

1. All Child deaths and serious injuries that require medical care by a licensed medical provider, following notification of emergency medical personnel and the Child's parents/guardians;

2. Any Child abuse and neglect allegations naming any Child Care Staff Member(s) associated with the Child Care Facility, in addition to the immediate report to Child Protective Intake required in Section 6(B) above;

3. Child to Child sexual behavior, intentional exposure, or intentional contact;

4. Any violations of the Children's rights listed in Section 10 of this rule;

5. Any change in ownership;

6. Any change in the person designated by the Child Care Facility or the governing body as a qualified Director.

7. Any anticipated change of location:

a. If relocating due to an emergency that rendered the licensed location temporarily unsuitable for operation; or

b. If relocating permanently, the Child Care Facility must submit an application for licensure of the new location. The Child Care Facility may not operate until the Department issues a new license for the new location.

c. Department action on report. In deciding what action to take on a License under the foregoing circumstances, the Department shall determine whether the Child Care Facility has presented sufficient evidence to indicate that the problems which resulted in any of the above have been adequately resolved such that the Child Care Facility will be in compliance with these Rules.

10-148 C.M.R. ch. 32, § 6