10-148-6 Me. Code R. § 9

Current through 2024-51, December 18, 2024
Section 148-6-9 - TERMINATION OF SERVICES
A.Termination of Child Care Services by a Parent
1. The Parent may immediately terminate the Child Care Services with his/her Child Care Provider for failure of the Child Care Provider to allow Parents unlimited access to his/her Child(ren) unless access has been limited by a court order.

Child Care Services may be terminated by the Parent due to an allegation of child care license/certification violation or Child abuse or neglect investigated by the Department.

a. The Parent is responsible for paying their Parent Fee for an additional two (2) weeks following notice of termination.
b. Publicly available licensing information regarding Child Care Providers will be provided upon request by the Department. All inspection and monitoring reports are available at the Child Care Choices website https://childcarechoices.me/.
B.Termination of Child Care Affordability Program to the Parent by the Department
1. The Department will terminate a Parent's participation in the Child Care Affordability Program when:
a. The Parent has Misrepresented his/her eligibility information;
b. The Parent participating in Child Care Affordability Program is no longer a Maine Resident;
c. The available Child Care Affordability Program funding is reduced;
d. The State program changes through rulemaking;
e. There are changes in the CCDF State Plan or other policies, when those decisions have had adequate public notice; and
f. A Child Care Provider has given adequate notice to all Parents that Child Care Service(s) are to be terminated at the end of a specified period due to discontinuance of the Child Care Provider's Child Care Service.
2. The Department must:
a. Give written notice to the Parent(s) at least twelve (12) calendar days prior to the effective date of the termination;
b. Retain copies of all notices to terminate Child Care Services in the Parent's file;
c. The written notice to terminate shall contain the following:
i. The date of the termination;
ii. The reason(s) for the termination;
iii. Reference to the specific rules or regulations supporting the termination;
iv. Explanation of the Parent's right to request (in writing) a conference with the Department and/or an Administrative Hearing; and
v. The time frame within which the conference and/or Administrative Hearing request must be submitted, for Child Care Services to continue.
d. Furnish the Child Care Provider a copy of the Notification of Termination issued to the Parent;
e. Use an alternative form of notification when sensitive information should not be shared with the Child Care Provider; and
f. Furnish the Caseworker with a copy of the Notification of Termination if the Child was referred by a Caseworker.
3. Notification of Termination by the Department by phone, mail or email, will constitute the beginning of the twelve (12) calendar day Notification of Termination.
C.Notification of Termination
1. A Parent, Child Care Provider, or a Caseworker on behalf of a Child that is in the Care and Custody of the Department, who chooses to terminate Child Care Services, will be required to submit to the Child Care Affordability Program, a written Notification of Termination twelve (12) days prior to the effective date of the termination. Notice may additionally be made in person, or by direct telephone contact.
2. Parents must give the Child Care Provider a written notice twelve (12) calendar days prior to terminating Child Care Services. The Department must receive a copy of this notice.
3. Parents who fail to give the Child Care Provider a written twelve (12) calendar day notification that Child Care Services are being terminated will pay the Child Care Provider the assessed Parent Fee for each day of Child Care Services during the twelve (12) calendar day notification period that his/her child care spot remains vacant.
4. If the Parent fails to give the required notice, the Department will pay the Child Care Provider Child Care Affordability Program Payments for each service day short of the notification period and only for the days that the Parent's child care spot is vacant. The Department will not pay the Parent Fee.
5. If the Department pays the Child Care Provider when the Parent fails to give the required notice, the Department will not pay a second Child Care Provider on behalf of the Parent for the same Child and for the same period of time.
6. Other than as provided in Section 9(A), "Termination of Child Care Services by a Parent," the Parent must leave the Child Care Provider in Good Standing to maintain eligibility for CCAP for their Child with a new Child Care Provider.
7. A twelve (12) calendar day Notification of Termination may be waived when mutually-agreed upon between Parent and Child Care Provider.
8. Notification of Termination to the Child Care Affordability Program by phone, mail, or email, will constitute the beginning of the twelve (12) calendar day Notification of Termination.

10-148 C.M.R. ch. 6, § 9