Maine Revised Statutes

§8302-A. Rules for child care facilities and family child care providers

The commissioner shall adopt rules for child care facilities and family child care providers according to this section. Nursery schools are subject to the requirements of chapter 1675 and this section, except that subsection 1, paragraph F does not apply to nursery schools. [2005, c. 530, §8 (AMD).]

1. Rules for child care facilities.  Rules for child care facilities must include, but are not limited to, rules pertaining to the following:
A. Child to staff ratios; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
B. The health and safety of the children and staff, including training on communicable diseases; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
C. Water for drinking and cooking; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
D. Wastewater; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
E. Rabies vaccinations for pets; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
F. The quality of the program provided; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
G. The age, criminal record and personal history of the provider of care for children and staff members; [2001, c. 645, §7 (AMD).]
H. The administration of medication; [2015, c. 497, §2 (AMD).]
I. Licensing procedures; and [2015, c. 497, §2 (AMD).]
J. Requiring a criminal background check for:
(1) Each child care staff member whose activities involve the care or supervision of children; and
(2) Each adult who has unsupervised access to children who are cared for or supervised by a child care facility.
The criminal background check must meet the requirements of 42 United States Code, Section 9858f(b). [2015, c. 497, §2 (NEW).]
Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, except that rules adopted pursuant to paragraph J to comply with 42 United States Code, Section 9858f(b) are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
[ 2015, c. 497, §2 (AMD) .]
2. Rules for family child care providers.  Rules for family child care providers must include, and are limited to, rules pertaining to the following:
A. Cardiopulmonary resuscitation; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
B. Water for drinking and cooking; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
C. Wastewater; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
D. Rabies vaccinations for pets; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
E. Recording the times, reasons and numbers of children involved when more than 12 children are cared for; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
F. Ongoing training for providers on health and safety issues, including training on communicable diseases. This training must be offered at times that are convenient to the providers; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
G. Child to staff ratios; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
H. Health and safety of the children and staff; [1997, c. 494, §10 (NEW); 1997, c. 494, §15 (AFF).]
I. Procedures for waivers of rules and for suspension and revocation of certification; [2015, c. 497, §3 (AMD).]
J. The age, criminal record and personal history of the family child care provider, staff and members of the household; and [2015, c. 497, §3 (AMD).]
K. Requiring a criminal background check for:
(1) The family child care provider;
(2) Each child care staff member whose activities involve the care or supervision of children; and
(3) Each adult who has unsupervised access to children who are cared for or supervised by the family child care provider.
The criminal background check must meet the requirements of 42 United States Code, Section 9858f(b). [2015, c. 497, §3 (NEW).]
Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A and rules adopted pursuant to paragraphs G to K are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
[ 2015, c. 497, §3 (AMD) .]
SECTION HISTORY
RR 1997, c. 1, §21 (COR). 1997, c. 494, §10 (NEW). 1997, c. 494, §15 (AFF). 2001, c. 645, §7 (AMD). 2005, c. 530, §8 (AMD). 2015, c. 497, §§2, 3 (AMD).